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11-08-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 08, 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 Jay Vetter, Trinity United Methodist Church, 511 North Elm Street 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 by Fire Department of Preliminary Plan for Fire Station Facility James Brisnehan from Cannon Moss Brygger & Associates and Ken Newell from Stewart Cooper Newell Architects will present a progress report on the Fire Station project to be located at 411 Fonner Park Road. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Item D1 # 2005-BE-13 - Consideration of Determining Benefits for Sanitary Sewer District No. 512; Mary Lane, Kentish Hills and Bradley Subdivisions Tuesday, November 08, 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 Meeting: November 8, 2005 Subject: Board of Equalization Hearing to Determine Benefits and Consideration of an Ordinance Levying Assessments for Sanitary Sewer District No. 512; Marylane, Kentish Hills and Bradley Subdivisions Item #’s: D-1 & F-3 Presenter(s): Steven P. Riehle, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District 512 was approved on October 11, 2005 with November 8, 2005 set as the date for Council to sit as the Board of Equalization. All work has been completed and special assessments have been calculated for the District. Discussion The contract for Sanitary Sewer District 512 was awarded to General Excavating of Lincoln, Nebraska on September 14, 2004. Work on the project was completed at a construction price of $436,000.72. Total cost of the project, including engineering, was $512,530.13. Costs for the project break down as follows: Original Bid $ 477,488.14 Underruns $ 36,751.80 Deductions: Liquidated Damages ($ 600.00) Restore Property Pins ($ 800.00) Replace Trees ($ 300.00) Fill & Grade Yards ($ 2,000.00) T.V. Clean Line, Adjust Manholes ($ 2,909.86) Additional Costs Fire Hydrant Adjustment $ 320.00 Driveway Replacement $ 1,554.24 Sub Total (Construction Price) $ 436,000.72 Easement Acquisition/Restoration Costs $ 32,929.34 Engineering, Publication, TV Insp. Costs $ 43,600.07 Total Project Cost $ 512,530.13 The estimated total for District 512 at the time of creation was $521,110.50. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the recommendation to allow the Board of Equalization to determine benefits and pass an ordinance allowing the City to recover the majority of the District costs and assess the benefiting owners. 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, sitting as a Board of Equalization, determine benefits and pass an ordinance to levy Special Assessments to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution establishing benefits for Sanitary Sewer District No. 512. (Sample Motion for the Ordinance) Move to approve the ordinance levying the assessments for Sanitary Sewer District No. 512. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-BE-13 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District 512, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $464,064.14; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 512, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Charles E. & Mary A. Fox Lot 1, Marylane Subdivision 6,536.11 Charles E. & Mary A. Fox Lot 2, Marylane Subdivision 6,536.11 Jerry L. & Rose G. Florez Lot 3, Marylane Subdivision 6,536.11 Neal R. & Sondra L. Schroder Lot 4, Marylane Subdivision 6,536.11 Lyle E. & Judith Maye Tibbs Lot 5, Marylane Subdivision 6,536.11 Ronald L. & Delores K. Tenski Lot 6, Marylane Subdivision 6,536.11 Jeffrey W. & Cynthia R. Hayes Lot 7, Marylane Subdivision 6,536.11 Kenneth C. & Christine L. Durand Lot 8, Marylane Subdivision 6,536.11 Cresencio & Maria Carmen Gutierrez Lot 9, Marylane Subdivision 6,536.11 Keith A. & Joey L. Ruff Lot 10, Marylane Subdivision 6,536.11 David A. & Ellen I. Nelson Green Lot 11, Marylane Subdivision 6,536.11 Kenneth I. & Vera L. Henman Lot 12, Marylane Subdivision 6,536.11 Matthew J. & Lori A. Beiber Lot 13, Marylane Subdivision 6,536.11 Matthew J. & Lori A. Beiber Lot 14, Marylane Subdivision 6,536.11 Timothy D. & Susan E. Pfeifer Lot 15, Marylane Subdivision 6,536.11 Gregory J. & Penny L. Post Lot 16, Marylane Subdivision 6,536.11 Dale E. & Sharon M. Huffman Lot 17, Marylane Subdivision 6,536.11 Andrew M. & Joan E. Schwan Lot 18, Marylane Subdivision 6,536.11 Charles E. & Loretta A. Roehrich Lot 19, Marylane Subdivision 6,536.11 Terry Lee & Lori L. Jepson Lot 20, Marylane Subdivision 6,536.11 Elaine K. & Steven A. Markham Lot 21, Marylane Subdivision 6,536.11 RESOLUTION 2005-BE-13 - 2 - Vincent E. & Cynthia A. Luhn Lot 22, Marylane Subdivision 6,536.11 Dennis W. & Cheryl K. Harder Lot 23, Marylane Subdivision 6,536.11 Jody D. & Robin R. Bennett Lot 24, Marylane Subdivision 6,536.11 Robert W. & Penelope M. Thomas Lot 1, Bradley Subdivision 6,536.11 Jeffrey N. & Angela M. Warren Lot 1, Kentish Hills Subdivision 6,536.11 Frank P. & Marsha Prucha Lot 2, Kentish Hills Subdivision 6,536.11 Ryan G. & Whitney C. Witt Lot 3, Kentish Hills Subdivision 6,536.11 Dale G. & Joan J. Clark Lot 4, Kentish Hills Subdivision 6,536.11 Steven D. & Theresa M. Stirn Lot 5, Kentish Hills Subdivision 6,536.11 Thomas P. & Ronda K. Kruger Lot 6, Kentish Hills Subdivision 6,536.11 Dennis W. & Keanna Leonard Lot 7, Kentish Hills Subdivision 6,536.11 Heath A. & Barbara L. Johnson Lot 8, Kentish Hills Subdivision 6,536.11 Thomas A. & Lisa M. Olsen Lot 9, Kentish Hills Subdivision 6,536.11 Elmer E. & Kathleen F. Feldotto Lot 10, Kentish Hills Subdivision 6,536.11 Randy L. & Laurie R. Peterson Lot 11, Kentish Hills Subdivision 6,536.11 Danny L. & Lareen M. Halverson Lot 12, Kentish Hills Subdivision 6,536.11 Monte L. & Michelle G. Shultz Lot 13, Kentish Hills Subdivision 6,536.11 ABC Engineered Trusses Inc. Lot 14, Kentish Hills Subdivision 6,536.11 Thomas M. & Jessica M. Whelan Lot 15, Kentish Hills Subdivision 6,536.11 Ryan T. & Rebecca S. Waind Lot 16, Kentish Hills Subdivision 6,536.11 Jeffry A. & Jamie A. Vinson Lot 17, Kentish Hills Subdivision 6,536.11 Gregg & Shirley A. Schultz Lot 18, Kentish Hills Subdivision 6,536.11 John M. & Dianne McMahon Lot 19, Kentish Hills Subdivision 6,536.11 Bradley R. & Shree A. Arends Lot 20, Kentish Hills Subdivision 6,536.11 Stephen C. & Teresa A. Skibinski Lot 21, Kentish Hills Subdivision 6,536.11 John J. & Debra J. Lantz Lot 22, Kentish Hills Subdivision 6,536.11 Guy L. Leverington & Patricia J. Beiber Lot 23, Kentish Hills Subdivision 6,536.11 William F. & Connie J. Parten Lot 24, Kentish Hills Subdivision 6,536.11 Timothy & Sheri Brown Lot 25, Kentish Hills Subdivision 6,536.11 Charles T. & Debra L. Costello Lot 26, Kentish Hills Subdivision 6,536.11 Ronnie R. & Darla M. Sitzman Lot 27, Kentish Hills Subdivision 6,536.11 Craig & Terry Sue Starke Lot 28, Kentish Hills Subdivision 6,536.11 Cindy J. Avila Lot 29, Kentish Hills Subdivision 6,536.11 RESOLUTION 2005-BE-13 - 3 - Gladys V. Schoel Part of SE1/4, SW1/4 of Section 25-11-10; more particularly described as: the west 200 feet of the north 1498.42 feet of the south 1538.42 feet of E1/2, SW1/4 of Section 25-11-10. 111,113.95 Lutheran High School Assoc. Part of SW1/4, SW1/4 of Section 25-11-10; more particularly described as follows: East 200 feet of north 818.42 feet of south 858.42 feet of SW1/4, SW1/4 of Section 25-11-10 0.00 TOTAL $464,064.14 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on November 8, 2005. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Jeff D. Leo dba Bud's Roadhouse, 2710 Diers Avenue for a Class "C" Liquor License Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 8, 2005 Subject: Public Hearing on Request of Jeff D. Leo dba Bud’s Roadhouse, 2710 Diers Avenue for a Class “C” Liquor License Item #’s: E-1 & H-1 Presenter(s): RaNae Edwards, City Clerk Background Jeff D. Leo dba Bud’s Roadhouse, 2710 Diers Avenue has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. After reviewing the application by city staff it is recommended that the City Council deny the request for the following reasons: 1. The applicant provided false information on this application, leaving out several important convictions. 2. The applicant pleaded guilty and was found guilty of a Class 1 Misdemeanor. 3. Convictions for driving under suspensions, disorderly conduct, carrying a concealed weapon, and violation of exploitation of human nudity do not indicate that the applicant is of good character and reputation. 4. The applicant’s record indicates a pattern of behavior of disregard of the law. (See attached memo from the Police Department) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Take no action on the issue. Recommendation City Administration recommends that the Council deny this request. Sample Motion Move to deny the request of Jeff D. Leo dba Bud’s Roadhouse, 2710 Diers Avenue for a Class “C” Liquor License because of false information on the liquor application and numerous violations. Item E2 Public Hearing on Acquisition of Public Utility Easement Located at 4250 Old Potash Highway (Lee J. and Sherry A. Newport) Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 8, 2005 Subject: Public Hearing and Approval for Acquisition of a Public Utilities Easement Located at 4250 Old Potash HWY (Lee J. and Sherry A. Newport) Item #’s: E-2 & G-5 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. The Public Works Department needs to acquire an easement along the property of 4250 Old Potash Highway. Discussion This easement is needed to construct public Sanitary Sewer in this area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Utility Easement. 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 conduct a Public Hearing and approve acquisition of the Public Utility Easement. Sample Motion Move to approve the acquisition of the Public Utility Easement. Item E3 Public Hearing on Acquisition of Public Utility Easement Located at 108 Arapahoe Avenue (Gaylen & Kim Sprague) Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 8, 2005 Subject: Public Hearing and Approval for Acquisition of a Public Utilities Easement Located at 108 Arapahoe Avenue (Gaylen & Kim Sprague) Item #’s: E-3 & G-6 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. The Public Works Department needs to acquire an easement along the property of 108 Arapahoe Avenue. Discussion This easement is needed to construct public Sanitary Sewer in this area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Utility Easement. 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 conduct a Public Hearing and approve acquisition of the Public Utility Easement. Sample Motion Move to approve the acquisition of the Public Utility Easement. Item E4 Public Hearing on Acquisition of Public Utility Easement Located at 2836 & 2838 Cross Pointe Drive; Lot 11 North Pointe Subdivision (The Meadows Apartment Homes LLC) Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 8, 2005 Subject: Public Hearing Concerning Acquisition of a Public Utilities Easement Located Along 2836 & 2838 Cross Pointe Drive; Lot 11 North Pointe Subdivision (The Meadows Apartment Homes LLC) Item #’s: E-4 & G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. The Public Works Department needs to acquire an easement along the property of 2836 and 2838 Cross Pointe Drive (Lot 11 of North Pointe Subdivision) to extend private sanitary sewer service to an adjacent property. Discussion This easement will be used in order to have access to install, upgrade, maintain, and repair public utilities including but not limited to sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, in, underneath and through the tract of land. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Utility Easement. 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 conduct a Public Hearing and approve acquisition of the Public Utility Easement. Sample Motion Move to approve the acquisition of the Public Utility Easement. Item E5 Public Hearing Concerning Acquisition of Utility Easement - Along the East Side of Webb Road just South of Whitecloud Road (Wenzl, Inc.) Tuesday, November 08, 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: November 8, 2005 Subject: Acquisition of Utility Easement – Along the East Side of Webb Road, from Whitecloud Road to Kansas Nebraska Gas Station – Wenzl, Inc. Item #’s: E-5 & G-10 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Wenzl, Inc. located along the east side of Webb Road, from Whitecloud Road to Kansas Nebraska Gas Station, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to construct a new overhead three-phase distribution line to provide electrical service to a new pump at White Cloud Road and Webb Road. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item F1 #9012 - Consideration of Annexation of Property Located South of Case New Holland and West of US Highway 281 (Final Reading) Tuesday, November 08, 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: November 8, 2005 Subject: Annexation Item #’s: F-1 (Third Reading) Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land located in the SE ¼ NE ¼ 25-11-10 into the Grand Island City Limits. (Exhibit A). The owners of this property have requested that the city consider this property for annexation in preparation for development. Council forwarded this request to the Hall County Regional Planning Commission and approved an annexation plan on this property. The Developers of this property requested on November 3, 2005 that this annexation be tabled until such time as the Council considers the rezoning and final platting of this property. They anticipate that rezoning and platting will occur in early 2006. Discussion On September 7th, 2005 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City limits on all sides. Sewer and water are available to the property included in this annexation request. This property is within the Grand Island Utilities Electrical Service District. This property is not within the Grand Island School District. Annexing these properties will not impact the two mile extraterritorial jurisdiction of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Haskins 2nd by Ruge to approve and recommend that the City of Grand Island approve this annexation and as presented. A roll call vote was taken and the motion passed with 11 members present (Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor. Recommendation From Staff Based upon the request from the developer Staff would recommend that consideration of this item be tabled until such time as the rezoning application and final plat for this property are approved by the City Council and/or for a period of six months. Sample Motion Move that this application be tabled until such time as Council is considering approval of the rezoning and final plat for this property and/or for a period of six months if the application to rezone and plat the property has not been filed. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney ORDINANCE NO. 9012 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Twenty Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska; to provide service benefits thereto; to confirm zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on September 7, 2005, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, a part of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Twenty Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows, into the City of Grand Island, Hall County, Nebraska: Beginning at the northwest corner of Lot Five (5), Pedcor Subdivision, said point also being the southwest corner of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10; thence north on the west line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10 to the northwest corner of the Southeast Quarter of the Northeast Quarter (SE1/4, * This Space Reserved For Register of Deeds * ORDINANCE NO. 9012 (Cont.) - 2 - NE1/4) of Section 25-11-10; thence east on the north line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10 to the west line of U.S. Highway 281; thence south and east on the west line of U.S. Highway 281 to the south line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10; thence west on the south line of the Southeast Quarter of the Northeast Quarter of Section 25-11-10 to the point of beginning, as shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, after public hearing on October 11, 2005, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 11, 2005, the City Council of the City of Grand Island approved such annexatio n on first reading; and WHEREAS, on October 25, 2005, the Council of the City of Grand Island approved such annexation on second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above described tract of land is urban or suburban in character, and that the subject property is contiguous or adjacent to the corporate limits of said City. (B) The subject land will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. ORDINANCE NO. 9012 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2005-246 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. ORDINANCE NO. 9012 (Cont.) - 4 - SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: November 8, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9013 - Consideration of Annexation of Property Located South of Sandra Road and West of South Locust Street (Final Reading) Tuesday, November 08, 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: November 8, 2005 Subject: Annexation Item #’s: F-2 (Third Reading) Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land located in the S ½ NW ¼ NE ¼ 33-11-09 into the Grand Island City Limits. (Exhibit B). The owners of this property have requested that the city consider this property for annexation in preparation for expansion of the nursing home directly to the north of this property. This property was rezoned by the Grand Island City Council in August of 2005 for that purpose. Council forwarded this request to the Hall County Regional Planning Commission and approved an annexation plan on this property. Discussion On September 7th, 2005 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City along its northern property line. Sewer and water are available to the property included in this annexation request. This property is within the Grand Island Utilities Electrical Service District. This property is not within the Grand Island School District. Annexing these properties will not impact the two mile extraterritorial jurisdiction of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Miller 2nd by Brown to approve and recommend that the City of Grand Island approve this annexation and as presented. A roll call vote was taken and the motion passed with 11 members present (Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor. Sample Motion Approve the annexation as Submitted Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney ORDINANCE NO. 9013 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprising a part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska; to provide service benefits thereto; to confirm zoning classifications ; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on September 7, 2005, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, a tract of land comprising a part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of Phillips Subdivision; thence east on the south line of Phillips Subdivision for a distance of 600.0 feet; thence south on a line perpendicular to the south line of Phillips Subdivision for a distance of 217.8 feet south of and parallel to the south line of Phillips Subdivision for a distance of 600.0 feet to the west line of the Northeast Quarter (NE1/4) of Section 33-11-9; * This Space Reserved For Register of Deeds * ORDINANCE NO. 9013 (Cont.) - 2 - thence north on the west line of the Northeast Quarter (NE1/4) of Section 33-11-9 for a distance of 217.8 feet to the point of beginning, as shown on Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, after public hearing on October 11, 2005, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 11, 2005, the City Council of the City of Grand Island approved such annexation on first reading; and WHEREAS, on October 25, 2005, the City Council of the City of Grand Island approved such annexation on second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tract of land is urban or suburban in character, and that the subject property is contiguous or adjacent to the corporate limits of said City. (B) The subject land will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9013 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2005-246 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9013 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: November 8, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9014 - Consideration of Assessments for Sanitary Sewer District No. 512: Mary Lane, Kentish Hills and Bradley Subdivisions This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council g Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney ORDINANCE NO. 9014 An ordinance assessing and leyving a special tax to pay the cost of construction of Sanitary Sewer District No. 512 of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 512, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Name Description Assessment Charles E. & Mary A. Fox Lot 1, Marylane Subdivision 6,536.11 Charles E. & Mary A. Fox Lot 2, Marylane Subdivision 6,536.11 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9014 (Cont.) - 2 - Jerry L. & Rose G. Florez Lot 3, Marylane Subdivision 6,536.11 Neal R. & Sondra L. Schroder Lot 4, Marylane Subdivision 6,536.11 Lyle E. & Judith Maye Tibbs Lot 5, Marylane Subdivision 6,536.11 Ronald L. & Delores K. Tenski Lot 6, Marylane Subdivision 6,536.11 Jeffrey W. & Cynthia R. Hayes Lot 7, Marylane Subdivision 6,536.11 Kenneth C. & Christine L. Durand Lot 8, Marylane Subdivision 6,536.11 Cresencio & Maria Carmen Gutierrez Lot 9, Marylane Subdivision 6,536.11 Keith A. & Joey L. Ruff Lot 10, Marylane Subdivision 6,536.11 David A. & Ellen I. Nelson Green Lot 11, Marylane Subdivision 6,536.11 Kenneth I. & Vera L. Henman Lot 12, Marylane Subdivision 6,536.11 Matthew J. & Lori A. Beiber Lot 13, Marylane Subdivision 6,536.11 Matthew J. & Lori A. Beiber Lot 14, Marylane Subdivision 6,536.11 Timothy D. & Susan E. Pfeifer Lot 15, Marylane Subdivision 6,536.11 Gregory J. & Penny L. Post Lot 16, Marylane Subdivision 6,536.11 Dale E. & Sharon M. Huffman Lot 17, Marylane Subdivision 6,536.11 Andrew M. & Joan E. Schwan Lot 18, Marylane Subdivision 6,536.11 Charles E. & Loretta A. Roehrich Lot 19, Marylane Subdivision 6,536.11 Terry Lee & Lori L. Jepson Lot 20, Marylane Subdivision 6,536.11 Elaine K. & Steven A. Markham Lot 21, Marylane Subdivision 6,536.11 Vincent E. & Cynthia A. Luhn Lot 22, Marylane Subdivis ion 6,536.11 Dennis W. & Cheryl K. Harder Lot 23, Marylane Subdivision 6,536.11 Jody D. & Robin R. Bennett Lot 24, Marylane Subdivision 6,536.11 Robert W. & Penelope M. Thomas Lot 1, Bradley Subdivision 6,536.11 Jeffrey N. & Angela M. Warren Lot 1, Kentish Hills Subdivision 6,536.11 Frank P. & Marsha Prucha Lot 2, Kentish Hills Subdivision 6,536.11 Ryan G. & Whitney C. Witt Lot 3, Kentish Hills Subdivision 6,536.11 Dale G. & Joan J. Clark Lot 4, Kentish Hills Subdivision 6,536.11 Steven D. & Theresa M. Stirn Lot 5, Kentish Hills Subdivision 6,536.11 Thomas P. & Ronda K. Kruger Lot 6, Kentish Hills Subdivision 6,536.11 Dennis W. & Keanna Leonard Lot 7, Kentish Hills Subdivision 6,536.11 Heath A. & Barbara L. Johnson Lot 8, Kentish Hills Subdivision 6,536.11 Thomas A. & Lisa M. Olsen Lot 9, Kentish Hills Subdivision 6,536.11 Elmer E. & Kathleen F. Feldotto Lot 10, Kentish Hills Subdivision 6,536.11 Randy L. & Laurie R. Peterson Lot 11, Kentish Hills Subdivision 6,536.11 Danny L. & Lareen M. Halverson Lot 12, Kentish Hills Subdivision 6,536.11 ORDINANCE NO. 9014 (Cont.) - 3 - Monte L. & Michelle G. Shultz Lot 13, Kentish Hills Subdivision 6,536.11 ABC Engineered Trusses Inc. Lot 14, Kentish Hills Subdivision 6,536.11 Thomas M. & Jessica M. Whelan Lot 15, Kentish Hills Subdivision 6,536.11 Ryan T. & Rebecca S. Waind Lot 16, Kentish Hills Subdivision 6,536.11 Jeffry A. & Jamie A. Vinson Lot 17, Kentish Hills Subdivision 6,536.11 Gregg & Shirley A. Schultz Lot 18, Kentish Hills Subdivision 6,536.11 John M. & Dianne McMahon Lot 19, Kentish Hills Subdivision 6,536.11 Bradley R. & Shree A. Arends Lot 20, Kentish Hills Subdivision 6,536.11 Stephen C. & Teresa A. Skibinski Lot 21, Kentish Hills Subdivision 6,536.11 John J. & Debra J. Lantz Lot 22, Kentish Hills Subdivision 6,536.11 Guy L. Leverington & Patricia J. Beiber Lot 23, Kentish Hills Subdivision 6,536.11 William F. & Connie J. Parten Lot 24, Kentish Hills Subdivision 6,536.11 Timothy & Sheri Brown Lot 25, Kentish Hills Subdivision 6,536.11 Charles T. & Debra L. Costello Lot 26, Kentish Hills Subdivision 6,536.11 Ronnie R. & Darla M. Sitzman Lot 27, Kentish Hills Subdivision 6,536.11 Craig & Terry Sue Starke Lot 28, Kentish Hills Subdivision 6,536.11 Cindy J. Avila Lot 29, Kentish Hills Subdivision 6,536.11 Gladys V. Schoel Part of SE1/4, SW1/4 of Section 25-11-10; more particularly described as: the west 200 feet of the north 1498.42 feet of the south 1538.42 feet of E1/2, SW1/4 of Section 25-11-10. 111,113.95 Lutheran High School Assoc. Part of SW1/4, SW1/4 of Section 25-11-10; more particularly described as follows: East 200 feet of north 818.42 feet of south 858.42 feet of SW1/4, SW1/4 of Section 25-11-10 0.00 TOTAL $464,064.14 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, ORDINANCE NO. 9014 (Cont.) - 4 - except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The assessment for Gladys V. Schoel has been deferred in accordance with City of Grand Island Resolution 2003-365 approved on December 9, 2003, and shall not accrue interest until terminated in accordance with Neb. Rev. Stat. §19-2428 through §19-2431. SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the “Sewer Extension Fund” for Sanitary Sewer District No. 512. SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 7. 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: November 8, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9015 - Consideration of Creation of Water Main District #452 - Knott Avenue and Lake Street Tuesday, November 08, 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: November 8, 2005 Subject: Creation of Water Main District 452 – Knott Avenue, Lake, and Tri-Streets – Ordinance #9015 Item #’s: F-4 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department has received a request for the creation of a water main district to serve the properties along Knott Avenue, Lake Street, and Tri Street. The area is located south of U.S. Highway 34 and west of Locust Street. See the attached district plat for reference. Also attached is a list of property owners, and legal descriptions of the properties within the boundary of the district. Discussion The proposed district would provide for the installation of an 8” water main to serve new commercial developments being planned along the west side of Locust Street and existing homes in the area. District 452 is proposed as an assessment district. This is the Department’s standard method for installing water mains in developed areas that petition for City service. If less than 50% of the front footage of the land owners protest creation, the District may be continued for construction. The assessable costs of the district would be charged to the properties receiving service upon completion of construction. The assessments may be financed with the Water Department over a five year period, at 7% simple interest on the unpaid balance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the creation of Water Main District 452 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Ordinance #9015 to create Water Main District No. 452. Sample Motion Motion to approve Ordinance #9015 to create Water Main District No. 452. WATER MAIN DISTRICT 452 BOUNDARY ORDINANCE NO. 9015 Beginning at the northeast corner of Lot Seven (7) Palu Subdivision in the City of Grand Island, Hall County, Nebraska; thence southerly along the easterly line of said Lot Seven (7), a distance of one hundred one (101.0) feet to the southeast corner of said Lot Seven (7), thence westerly along the southerly line of said Lot Seven (7), a distance of seventeen and four tenths (17.4) feet to the northeast corner of Lot Ten (10) said Palu Subdivision; thence southerly along the easterly line of Lot Ten (10) and Lot Eleven (11) and the extension of said lots, said Palu Subdivision, a distance of two hundred twenty three and five tenths (223.5) feet; thence easterly along the extension of the northerly line of Knott Subdivision, a distance of five hundred seventy three and twelve hundredths (573.12) feet to a point on the easterly line of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West; thence southerly along the easterly line of said Section Thirty Three (33), a distance of one hundred ninety five and seventy one (195.71) feet; thence westerly along the northerly line of Lot Two (2) and its extension, Valentine Motel Subdivision, a distance of two hundred seven and ninety one (207.91) feet to the northeast corner of Lot One (1) said Valentine Motel Subdivision; thence southerly along the easterly line of said Lot One (1), a distance of one hundred fifty (150.0) feet to the southeast corner of said Lot One (1); thence westerly along the southerly line of said Lot One (1), a distance of one hundred twenty five (125.0) feet to the southwest corner of said Lot One (1); thence southerly along the easterly line of Lot Two (2) and Lot Three (3) Block Two (2) said Knott Subdivision, a distance of two hundred fifty two (252.0) feet to the southeast corner of said Lot Three (3); thence westerly along the southerly line of Lot Three (3), Lot Four (4), and Lot Five (5) Block Two (2) said Knott Subdivision, a distance of three hundred eighty (380.0) feet to the southwest corner of said Lot Five (5); thence northerly along the westerly line of said Lot Five (5), a distance of one hundred sixty (160.0) feet to the northwest corner of said Lot Five (5); thence easterly along the northerly line of said Lot Five (5), a distance of fifty two and two tenths (52.2) feet; thence northerly along the westerly line of Lot Nine (9) Block One (1) and its extension, said Knott Subdivision, a distance of two hundred twenty five (225.0) feet to the northwest corner of said Lot Nine (9); thence westerly along the southerly line of Lot One (1) and Lot Two (2) Block One (1) said Knott Subdivision, a distance of one hundred eighty (180.0) feet to the southwest corner of said Lot Two (2), thence northerly along the westerly line of said Lot Two (2) and its extension, a distance of two hundred twenty six and eighty six hundredths (226.86) feet to a point on the southerly line of Lot Twelve (12) said Palu Subdivision; thence westerly along the southerly line of said Lot Twelve (12), a distance of ninety and ninety seven hundredths (90.97) feet to the southwest corner of said Lot Twelve (12); thence northerly along the westerly line of Lot Twelve (12), Lot Nine (9), and Lot Eight (8) said Palu Subdivision, a distance of two hundred fifty seven and three tenths (257.3) feet; thence northeasterly a distance of sixty seven and thirty five hundredths (67.35) feet to a point on the northerly line of said Lot Eight (8), being fifty (50.0) feet easterly of the northwest corner of said Lot Eight (8); thence easterly along the northerly line of Lot Eight (8) and Lot Seven (7) and the extension of said lots, said Palu Subdivision, a distance of three hundred twenty three (323.0) feet to the northeast corner of said Lot Seven (7), being the said Point of Beginning. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney ORDINANCE NO. 9015 An ordinance creating Water Main District No. 452 in the City of Grand Island, Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water mains in said district; approving plans and specifications and securing bids; assessing the cost of such improvements; providing for certification to the Register of Deeds; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Water Main District No. 452 in the City of Grand Island, Nebraska, is hereby created for the laying of eight (8.0) inch diameter water mains with its appurtenances in Lake Street, Tri Street and Knott Avenue located in Knott Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such water main district shall be more particularly described as follows: Commencing at the northeast corner of said NE1/4; thence on an assumed bearing of S02º04'06"E along the east line of said NE1/4 a distance of 104.43 feet; thence ? This Space Reserved for Register of Deeds ? ORDINANCE NO. 9015 (Cont.) - 2 - S87º55'54"W a distance of 116.80 feet to the point of intersection of the south right-of-way (R.O.W.) line of Husker Highway and the west R.O.W. line of U.S. Highway 281, said point also being the Point of Beginning; thence S02º24'13"E along and upon said west R.O.W. line a distance of 1468.77 feet; thence S01º30'13"E a distance of 1065.29 feet to the point of intersection of said west R.O.W. line and the south line of said NE1/4; thence S88º06'48"W along the south line of said NE1/4 a distance of 1207.02 feet; thence N02º02'58"W a distance of 1321.89 feet; thence S88º13'36"W a distance of 827.63 feet; thence N02º03'03"W a distance of 1279.01 feet to a point on the south R.O.W. line of Husker Highway; thence N88º20'15"E along and upon said south R.O.W. line a distance of 997.68 feet; thence N88º21'56"E a distance of 289.92 feet; thence N88º21'41"E a distance of 287.28 feet; thence N88º20'40"E a distance of 35.49 feet; thence N01º39'20"W a distance of 12.00 feet; thence S82º01'25"E a distance of 431.92 feet to the point of beginning. Said tract contains 4,195,681 square feet or 96.32 acres more or less of which 8.02 acres is new dedicated public road right-of-way; SECTION 3. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids for the construction of said water main shall be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Independent. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. ORDINANCE NO. 9015 (Cont.) - 3 - SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, without the plat, as provided by law. Enacted November 8, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #9017 - Consideration of Salary Ordinance Relative to Emergency Management Positions Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: November 8, 2005 Subject: Salary Ordinance Change Item #’s: F-5 Presenter(s): Brenda Sutherland, Human Resources Director Background The Emergency Management Center has recently experienced a change in leadership with the hiring of Lela Lowry as the new Emergency Management Director. She has spent the last four months evaluating the strengths and weaknesses of the department as well as formulating a plan to address them. Discussion In order to run the department in the most effective and efficient way possible Administration is recommending the restructuring of the department. This restructuring would involve eliminating the Emergency Management Coordinator and replacing it with an Emergency Management Clerk. The Communications Supervisor position would also be eliminated and replaced by the Emergency Management Deputy Director. This restructuring would reallocate expertise in the correct areas. The reorganization would allow for greater management coverage for the department. Also, it will provide for a clerical position to take care of administrative aspects of the department. This change will not result in an increase of expenses to the department. Also, as a clean up measure, administration recommends deleting the position of Building Clerk as that position was eliminated in this budget year but was missed in the last ordinance. 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 salary ordinance to reflect the restructuring of the Emergency Management Department. Sample Motion Motion to approve Salary Ordinance # 9017. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney ORDINANCE NO. 9017 An ordinance to amend Ordinance No. 8996 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to remove the classification and salary range for the position of Building Clerk; to add the classification and salary range for the position of Emergency Management Deputy Director; to add the classification and salary range for the position of Emergency Management Clerk; to remove the classification and salary range for the position of Communication Supervisor; to remove the classification and salary range for the position of Emergency Management Coordinator; to repeal Ordinance No. 8996, 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, 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 Exempt Accounting Technician – Solid Waste, Streets, WWTP 1018.28 / 1432.90 40 hrs/week Administrative Assistant – Administration, Fire, Public Works, Utilities 1099.42 / 1547.94 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Administration Secretary 912.17 / 1283.10 40 hrs/week Assistant to the City Administrator 1391.53 / 1959.06 Exempt Assistant Public Works Director 1853.77 / 2608.12 Exempt Assistant Utility Director – Administration 2470.20 / 3476.10 Exempt Assistant Utility Director – PGS & PCC 2675.80 / 3765.59 Exempt Attorney 1944.72 / 2736.52 Exempt Audio-Video Technician 1273.30 / 1791.70 40 hrs/week Biosolids Technician 1125.37 / 1584.14 40 hrs/week Building Clerk 844.50 / 1188.10 40 hrs/week Building Department Director 2216.99 / 3118.40 Exempt Building Inspector 1305.13 / 1836.27 40 hrs/week Building Secretary 912.17 / 1283.10 40 hrs/week Cemetery Superintendent 1364.25 / 1920.65 Exempt City Administrator 3587.13 / 5048.15 Exempt City Attorney 2590.22 / 3645.50 Exempt City Clerk 1356.44 / 1908.86 Exempt Civil Engineering Manager – Public Works Engineering 1843.96 / 2595.64 Exempt Civil Engineering Manager – Utility, PCC 2028.07 / 2855.25 Exempt Collection System Supervisor 1322.34 / 1860.90 40 hrs/week Communications Specialist/EMD 945.87 / 1334.23 40 hrs/week Communications Supervisor 1208.72 / 1700.76 Exempt Community Development Administrator 1125.95 / 1584.35 Exempt Community Service Officer – Police Department 826.58 / 1162.73 40 hrs/week Custodian 798.05 / 1126.18 40 hrs/week Development Specialist 1125.95 / 1584.35 Exempt Electric Distribution Superintendent 2110.04 / 2968.60 Exempt Electric Distribution Supervisor 1782.62 / 2507.48 40 hrs/week Electric Underground Superintendent 1879.02 / 2643.91 Exempt Electrical Engineer I 1659.39 / 2336.16 Exempt Electrical Engineer II 1923.32 / 2707.10 Exempt Electrical Inspector 1305.13 / 1836.27 40 hrs/week Emergency Management Clerk 844.50 / 1188.10 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Emergency Management Coordinator 984.40 / 1384.76 40 hrs/week Emergency Management Deputy Director 1348.40 / 1897.42 Exempt Emergency Management Director 1919.04 / 2700.30 Exempt EMS Division Chief 1780.80 / 2505.67 Exempt Engineering Technician Supervisor 1448.06 / 2038.35 Exempt Equipment Operator, Solid Waste 1072.32 / 1510.14 40 hrs/week Equipment Operator, WWTP 1061.70 / 1495.19 40 hrs/week Finance Director 2581.36 / 3632.53 Exempt Finance Secretary 912.17 / 1283.10 40 hrs/week Fire Chief 2351.89 / 3308.60 Exempt Fire Operations Division Chief 1780.80 / 2505.67 Exempt Fire Prevention Division Chief 1780.80 / 2505.67 Exempt Fire Training Division Chief 1780.80 / 2505.67 Exempt Fleet Services Superintendent 1459.66 / 2055.29 Exempt Fleet Services Supervisor 1216.19 / 1711.46 40 hrs/week Golf Course Superintendent 1699.29 / 2391.18 Exempt Grounds Management Crew Chief 1274.19 / 1793.14 40 hrs/week Human Resources Director 2269.26 / 3191.91 Exempt Human Resources Specialist 1211.46 / 1704.40 40 hrs/week Information Technology Manager 1934.66 / 2722.10 Exempt Information Technology Supervisor 1623.16 / 2284.30 Exempt Legal Assistant 1303.62 / 1835.04 40 hrs/week Legal Secretary 979.06 / 1379.41 40 hrs/week Librarian I 1193.05 / 1678.11 Exempt Librarian II 1312.53 / 1846.64 Exempt Library Assistant I 822.11 / 1156.50 40 hrs/week Library Assistant II 906.82 / 1275.98 40 hrs/week Library Assistant Director 1511.37 / 2126.62 Exempt Library Clerk 689.08 / 970.90 40 hrs/week Library Director 2045.49 / 2879.26 Exempt Library Page 521.50 / 734.02 40 hrs/week Library Secretary 912.17 / 1283.10 40 hrs/week Maintenance Mechanic I 1045.02 / 1474.30 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Maintenance Mechanic II 1173.26 / 1650.74 40 hrs/week Maintenance Worker I – Solid Waste 931.79 / 1312.53 40 hrs/week Maintenance Worker I – Building, Golf, Library 957.65 / 1347.30 40 hrs/week Maintenance Worker I – WWTP 976.80 / 1374.26 40 hrs/week Maintenance Worker II – Solid Waste 981.72 / 1382.08 40 hrs/week Maintenance Worker II – Building, Golf 1008.48 / 1422.21 40 hrs/week Maintenance Worker II – WWTP 1028.64 / 1450.66 40 hrs/week Meter Reading Supervisor 1240.53 / 1747.04 Exempt Office Manager – Police Department 1113.70 / 1567.54 40 hrs/week Parking Monitor 553.72 / 780.02 40 hrs/week Parks and Recreation Director 2313.52 / 3254.04 Exempt Parks and Recreation Secretary 912.17 / 1283.10 40 hrs/week Parks Maintenance Superintendent 1543.47 / 2171.20 Exempt Payroll Specialist 1187.70 / 1670.98 40 hrs/week Planning Director 2293.95 / 3227.25 Exempt Planning Secretary 912.17 / 1283.10 40 hrs/week Planning Technician 1279.54 / 1800.26 40 hrs/week Plans Examiner 1305.13 / 1836.27 40 hrs/week Plumbing Inspector 1305.13 / 1836.27 40 hrs/week Police Captain 1780.80 / 2505.67 Exempt Police Chief 2463.23 / 3467.24 Exempt Police Records Clerk 847.97 / 1193.94 40 hrs/week Power Plant Maintenance Supervisor 1870.00 / 2630.40 Exempt Power Plant Operations Supervisor 1964.45 / 2763.97 Exempt Power Plant Superintendent – Burdick 2102.90 / 2959.17 Exempt Power Plant Superintendent – PGS 2424.32 / 3409.89 Exempt Public Information Officer 1211.46 / 1704.40 Exempt Public Safety Secretary 1007.58 / 1421.32 40 hrs/week Public Works Director 2591.29 / 3646.50 Exempt Purchasing Technician 912.17 / 1283.10 40 hrs/week Recreation Superintendent 1456.11 / 2048.19 Exempt Regulatory and Environmental Specialist 1870.00 / 2630.40 Exempt Senior Accountant 1546.69 / 2175.80 Exempt ORDINANCE NO. 9017 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Communications Specialist/EMD 1022.38 / 1438.07 40 hrs/week Senior Electrical Engineer 2105.76 / 2962.83 Exempt Engineering Technician 1279.54 / 1800.26 40 hrs/week Senior Equipment Operator, Solid Waste 1125.95 / 1584.34 40 hrs/week Senior Equipment Operator, WWTP 1103.88 / 1553.28 40 hrs/week Senior Maintenance Worker 1134.74 / 1597.24 40 hrs/week Senior Utility Secretary 914.86 / 1290.24 40 hrs/week Shooting Range Superintendent 1456.11 / 2048.19 Exempt Solid Waste Division Clerk 820.37 / 1154.15 40 hrs/week Solid Waste Superintendent 1662.06 / 2338.84 Exempt Stormwater Technician 1279.54 / 1800.26 40 hrs/week Street Superintendent 1609.81 / 2267.38 Exempt Street Supervisor 1277.84 / 1797.17 40 hrs/week Turf Management Specialist 1279.54 / 1800.26 40 hrs/week Utility Director 3522.84 / 4955.64 Exempt Utility Production Engineer 2161.95 / 3042.57 Exempt Utility Secretary 912.17 / 1283.10 40 hrs/week Utility Services Manager 1744.31 / 2454.65 Exempt Utility Warehouse Supervisor 1382.46 / 1944.42 40 hrs/week Victim Assistance Unit Coordinator 847.97 / 1193.94 40 hrs/week Wastewater Clerk 820.37 / 1154.15 40 hrs/week Wastewater Engineering/Operations Superintendent 1843.96 / 2595.64 Exempt Wastewater Plant Maintenance Supervisor 1357.11 / 1909.95 40 hrs/week Wastewater Plant Operator I 952.30 / 1340.17 40 hrs/week Wastewater Plant Operator II 1064.52 / 1498.93 40 hrs/week Wastewater Plant Process Supervisor 1390.11 / 1957.21 40 hrs/week Wastewater Plant Senior Operator 1125.37 / 1584.14 40 hrs/week Water Superintendent 1680.50 / 2363.86 Exempt Water Supervisor 1432.87 / 2017.93 40 hrs/week Worker / Seasonal 412.00 / 1600.00 Exempt Worker / Temporary 412.00 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 6 - 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: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 955.79 / 1344.08 40 hrs/week Fleet Services Attendant/Clerk 868.90 / 1225.50 40 hrs/week Fleet Services Inventory Specialist 953.08 / 1341.37 40 hrs/week Fleet Services Mechanic 1090.30 / 1533.46 40 hrs/week Horticulturist 1009.20 / 1421.91 40 hrs/week Maintenance Worker – Cemetery 948.55 / 1335.03 40 hrs/week Maintenance Worker – Parks 942.22 / 1326.88 40 hrs/week Maintenance Worker – Streets 922.30 / 1297.92 40 hrs/week Senior Equipment Operator – Streets 1047.21 / 1474.42 40 hrs/week Senior Maintenance Worker – Parks 1047.21 / 1474.42 40 hrs/week Senior Maintenance Worker – Streets 1047.21 / 1474.42 40 hrs/week Traffic Signal Technician 1047.21 / 1474.42 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-We ekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 892.75 / 1258.32 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 7 - Classification Bi-We ekly Pay Range Min/Max Overtime Eligibility Computer Programmer 1399.61 / 1968.27 40 hrs/week Computer Technician 1091.82 / 1535.95 40 hrs/week Custodian 832.70 / 1171.78 40 hrs/week Electric Distribution Crew Chief 1622.13 / 2281.74 40 hrs/week Electric Underground Crew Chief 1622.13 / 2281.74 40 hrs/week Engineering Technician I 1146.99 / 1613.74 40 hrs/week Engineering Technician II 1397.56 / 1967.44 40 hrs/week GIS Technician 1506.10 / 2118.50 40 hrs/week Instrument Technician 1662.75 / 2339.14 40 hrs/week Lineworker Apprentice 1147.94 / 1615.06 40 hrs/week Lineworker First Class 1470.25 / 2068.05 40 hrs/week Materials Handler 1398.71 / 1967.38 40 hrs/week Meter Reader 942.19 / 1326.31 40 hrs/week Meter Technician 1175.94 / 1654.45 40 hrs/week Power Dispatcher I 1621.64 / 2280.86 40 hrs/week Power Dispatcher II 1703.24 / 2395.84 40 hrs/week Power Plant Maintenance Mechanic 1470.25 / 2068.05 40 hrs/week Power Plant Operator 1544.42 / 2172.26 40 hrs/week Senior Accounting Clerk 937.78 / 1321.02 40 hrs/week Senior Engineering Technician 1506.10 / 2118.50 40 hrs/week Senior Materials Handler 1544.42 / 2172.26 40 hrs/week Senior Meter Reader 1014.60 / 1426.10 40 hrs/week Senior Power Dispatcher 1879.39 / 2643.39 40 hrs/week Senior Power Plant Operator 1704.26 / 2397.43 40 hrs/week Senior Substation Technician 1662.75 / 2339.14 40 hrs/week Senior Water Maintenance Worker 1266.40 / 1782.00 40 hrs/week Substation Technician 1544.42 / 2172.26 40 hrs/week Systems Technician 1662.75 / 2339.14 40 hrs/week Tree Trim Crew Chief 1470.25 / 2068.05 40 hrs/week Utilities Electrician 1544.42 / 2172.26 40 hrs/week Utility Technician 1622.13 / 2281.74 40 hrs/week Utility Warehouse Clerk 1040.21 / 1464.06 40 hrs/week Water Maintenance Worker 1118.95 / 1574.86 40 hrs/week ORDINANCE NO. 9017 (Cont.) - 8 - Classification Bi-We ekly Pay Range Min/Max Overtime Eligibility Wireworker I 1267.15 / 1782.84 40 hrs/week Wireworker II 1470.25 / 2068.05 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 1196.33 / 1672.38 40 hrs/week Police Sergeant 1469.01 / 2012.88 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 / 2072.30 212 hrs/28 days Firefighter / EMT 1131.42 / 1592.14 212 hrs/28 days Firefighter / Paramedic 1276.52 / 1796.31 212 hrs/28 days ORDINANCE NO. 9017 (Cont.) - 9 - SECTION 6. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. All full-time fire fighters shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $80.00 per month. All full-time 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 ORDINANCE NO. 9017 (Cont.) - 10 - Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel shall receive a uniform allowance of $12 biweekly. Public 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. ORDINANCE NO. 9017 (Cont.) - 11 - For those employees covered in the IAFF bargaining agreement, the City will make a contribution into a Health Reimbursement Account (HRA) on behalf 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. ORDINANCE NO. 9017 (Cont.) - 12 - 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. 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 November 28, 2005. SECTION 11. Ordinance No. 8996 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: November 8, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 25, 2005 City Council Regular Meeting The Minutes of October 25, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, November 08, 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 October 25, 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 October 25, 2005. Notice of the meeting was given in the Grand Island Independent on October 19, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Counc ilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase. Councilmember Hornady was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Mike Benischek, First United Methodist Church, 4190 West Capital Avenue followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek welcomed Boy Scout Troop 119 and their Scout Masters and the Community Youth Council members. Mayor Vavricek mentioned Councilmember’s Cornelius, Walker, and Whitesides birthdays which were in October. PRESENTATIONS AND PROCLAMATIONS: Presentation by Marlan Ferguson, Economic Development President Relative to Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Marlan Ferguson, President of the Economic Development Corporation gave a PowerPoint presentation of the semi-annual report concerning the work being done by the Economic Development Corporation in Grand Island. ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius, carried unanimously to adjourn to the Board of Equalization. #2005-BE-11 – Consideration of Determining Benefits for Water Main District No. 443 – American Independence Subdivision. Gary Mader, Utilities Director reported that the Utilities Department and Public Works Department designed and prepared specifications for a joint project to include installation of both water main and sanitary sewer under a single construction project. The total assessable cost of Water Main District No. 443 was $70,025.92 to be financed over five years. #2005-BE-12 – Consideration of Determining Benefits for Water Main District No. 447T; Grand West Subdivision. Gary Mader, Utilities Director reported that the Water Main District No. 447T Page 2, City Council Regular Meeting, October 25, 2005 was done as a tap district, which is the Department’s standard method for water main extensions through undeveloped areas. The total assessable cost was $19,950.94. Motion by Pielstick, second by Cornelius to approve Resolutions #2005-BE-11 and #2005-BE- 12, carried unanimously. Motion adopted. RETURN TO REGULAR SESSION: Motion by Cornelius, second by Pauly, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Doug Walker, City Attorney introduced Tim White, Chairman of the Citizens’ Review Committee. The Citizens’ Review Committee was required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. No public testimony was heard. Public Hearing on Request from Richard and Patricia Hartman, 5075 South Locust Street for Conditional Use Permit for Sand & Gravel Operation Located at 3812 South Blaine Street. Craig Lewis, Building Department Director reported that Richard and Patricia Hartman were requesting a Conditional Use Permit to allow for a sand and gravel operation located at 3812 South Blaine Street. The request was to begin in the year 2006 after a qualified operator was identified and continue until the year 2026. The following people spoke in support: Bill Francis, Attorney for the Hartman’s. Mr. Francis submitted the following Exhibits: Exhibit 1 Application for Conditional Use Permit by Richard & Patricia Hartman Exhibit 2 Council memo from Craig Lewis, Building Department Director Exhibit 3 Chapter 36 of the Grand Island City Code relative to zoning (See attached Exhibits 1, 2, & 3) Gene Dominic, 221 East 1st Street Tom Atkins, 4323 South North Road Dick Hartman, 5075 South Locust Street The following people spoke in opposition: Dr. Casey Iverson, 3604 S. Blaine Street Dr. Richard Fruehling, 3604 S. Blaine Street Scott Leisinger, 2119 Bass Road Dan Lind, 2111 Bass Road Kathy Miller, 5015 Scheel Road No further public testimony was heard. Public Hearing on Acquisition of a Public Utilities Easement Located at 741 North Webb Road. (Veronica I. Hutton Estate) Steve Riehle, Public Works Director reported that acquisition of a public utility easement located at 741 North Webb Road was required in order to have access to Page 3, City Council Regular Meeting, October 25, 2005 install, upgrade, maintain, and repair public utilities, including sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances. The easement would be used to extend public sanitary sewer to the property. No public testimony was heard. Public Hearing on Acquisition of a Public Utilities Easement Located at 821 North Webb Road. (Allen & Sheila Garton) Steve Riehle, Public Works Director reported that acquisition of a public utility easement located at 821 North Webb Road was required in order to have access to install, upgrade, maintain, and repair public utilities, including sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances. The easement would be used to extend public sanitary sewer to the property. No public testimony was heard. ORDINANCES: Chad Nabity, Regional Planning Director stated Ordinances #9012 and #9013 provided for the annexation of two pieces of property. This was the second of three readings. #9012 – Consideration of Annexation of Property Located South Case New Holland and West of US Highway 281 (First Reading) Motion by Pielstick, second by Haase to approve Ordinance #9012 on second reading only. Upon roll call, all voted aye. Motion adopted. #9013 – Consideration of Annexation of Property Located South of Sandra Road and East of South Locust Street (First Reading) Motion by Pielstick, second by Haase to approve Ordinance #9013 on second reading only. Upon roll call, 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 ordinance numbered: #9014 – Consideration of Assessments for Water Main District No. 443 – American Independence Subdivision 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 this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Gary Mader, Utilities Director stated Ordinance #9014 related to the action taken earlier during the Board of Equalization. Motion by Meyer, second by Walker to approve Ordinances #9014. Page 4, City Council Regular Meeting, October 25, 2005 City Clerk: Ordinance #9014 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 #9014 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 #9014 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Nickerson, second by Gilbert to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 11, 2005 City Council Regular Meeting. Approving Minutes of October 18, 2005 City Council Study Session. Approving Re-Appointment of Jacinto Corona and Kris Nolan Brown and the Appointment of Darren Sanchez to the Human Rights Commission. #2005-299 – Approving Final Change Order No. 8 for the Senior Center Expansion with Starostka Group, Inc. of Grand Island, Nebraska for an Increase of $1,118.65 and a Modified Contract Amount of $617,698.40. #2005-300 – Approving Changes to Speed Limits on City Streets. #2005-301 – Approving Acquisition of a Public Utilities Easement Located at 741 North Webb Road. (Veronica I. Hutton Estate) #2005-302 – Approving Acquisition of a Public Utilities Easement Located at 821 North Webb Road. (Allen & Sheila Garton) #2005-303 – Approving Bid Award for Capital Heights Drainway Rip Rap & Grading Project 2005-D-3 and for Capital Avenue Outfall Structure Project 2005-D-4 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $141,551.58. #2005-304 – Approving Time Extension to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for Construction of Sanitary Sewer District 515; Dale Roush Subdivision (Indian Acres). #2005-305 – Approving Certificate of Final Completion for Sanitary Sewer District No. 517; Deadwood Subdivision (Arch Avenue and Johnstown Road Area). #2005-306 – Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Page 5, City Council Regular Meeting, October 25, 2005 #2005-307 – Approving State Bid Award for 3/4 Ton Pickup Truck with Lift Gate for the Fleet Services Division with Anderson Ford of Grand Island, Nebraska in an Amount of $24,769.00. #2005-308 – Approving Bid Award for Substation Site Security – Project 05-PCC-02 with CPS Company of South Lancaster, Massachusetts in an Amount of $57,500.00. #2005-309 – Approving Connection Fees for Water Main District No. 447T – Grand West Subdivision. #2005-310 – Approving Bid Award for Replacement Gas Turbine Generator Voltage Control System – Burdick Generating Station with E2 Power Systems, Inc. of Littleton, Colorado in and Amount of $57,850.00. #2005-311 – Approving State Bid Award for (2) 2006 Case 621 D Wheel Loaders – Wastewater Division with Mid-Land Equipment of Omaha, Nebraska in an Amount of $23,250.00 (after trade-in). #2005-312 – Approving State Bid Award for a 2005 Front End Loader for the Street and Transportation Division with Mid-Land Equipment of Omaha, Nebraska in an Amount of $71,816.00. #2005-314 – Approving Amendment to the Agreement with Natural Resources Conservation Service for Flood Damage Repair Work. REQUESTS AND REFERRALS: Consideration of Request from Richard and Patricia Hartman, 5075 South Locust Street for Conditional Use Permit for Sand & Gravel Operation Located at 3812 South Blaine Street. Motion by Walker, second by Whitesides to approve the request of Richard and Patricia Hartman for a sand and gravel operation located at 3812 South Blaine Street. City Administrator Gary Greer stated that finding of facts needed to be included in the motion. Walker withdrew his motion, Whitesides withdrew his second. Motion by Whitesides, second by Cornelius to approve the request for economic development reasons. Richard Hartman stated they would do whatever was required by City Council. He mentioned that he had visited with several people in the area and also had priced a 6’ chain-link fence in the amount of $15,600.00 to put on the east side of the property. Discussion was held with regards to this application and the previous one submitted by Mr. Hartman. Reviewed were other sand and gravel operations in the area along with setbacks. Quality of life issues were discussed such as noise, blowing sand/dirt, truck traffic, floodlights, and safety to the surrounding areas. An access road off of Schimmer Drive was discussed. Page 6, City Council Regular Meeting, October 25, 2005 Mr. Hartman explained the difference between a sand and gravel operation and dredging. Dredging did not require a permit and that the sand/gravel could not be sold. Motion by Whitesides, second by Cornelius to amend the motion that an access road onto Schimmer Drive be 300’ west of the neighboring property and that a 6’ high chain-link fence be placed on the east side of the gravel pit along Blaine Street. Upon roll call vote, all voted aye. Motion adopted. Motion by Gilbert, second by Pielstick to postpone this decision to the first meeting in January 2006 to allow Mr. Hartman a chance to visit with the neighboring residents. Discussion was held with regards of Hartman meeting with surrounding neighbors. Mr. Hartman asked that the City Council to either “vote up or down” his request. Gilbert withdrew her motion and Pielstick withdrew her second. Motion by Whitesides, second by Pauly to amend the motion and allow Mr. Hartman a three year permit at which time it would come back to council for further review. Discussion followed with Mayor Vavricek stating this did not allow the operator time to recoup the costs associated with starting a gravel operation. Motion by Pielstick, second by Meyer to call the previous question. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Cornelius, Pauly, Walker, and Haase voted aye. Councilmember’s Nickerson and Gilbert voted no. Motion adopted. Upon roll call of the amendment of a three year permit, Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase voted aye. Councilmember Meyer voted no. Motion adopted. Upon roll call vote of the main motion with amendments Councilmember’s Whitesides, Cornelius, and Pauly voted aye. Councilmember’s Meyer, Pielstick, Gilbert, Nickerson, Walker, and Haase voted no. Motion failed. Motion by Pielstick, second by Gilbert to recess for 5 minutes was approved by the consensus of the council at 9:05 p.m. The meeting reconvened at 9:15 p.m. City Attorney Doug Walker recommended the Council needed to make a motion with findings. Motion by Nickerson, second by Haase to deny the request of Richard and Patricia Hartman for a Conditional Use Permit for sand and gravel operation located at 3812 South Blaine Street for the following reasons: · No urgent need for another pit at this time. · Alternate sites will be less disruptive to established to established neighborhoods and Hall County Park. · Property can be developed in another fashion · Does not promote health, safety, welfare of the community. · Does not protect against blight and depreciation. Page 7, City Council Regular Meeting, October 25, 2005 · Is not generally harmonious with surrounding neighborhoods. Upon roll call vote, Councilmember’s Meyer, Pielstick, Gilbert, Nickerson, Pauly, Walker, and Haase vote aye. Councilmember’s Whitesides and Cornelius voted no. Motion adopted. RESOLUTIONS: #2005-313 – Approving Funding of Economic Development Request. Motion by Whitesides, second by Cornelius to approve Resolution #2005-313. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert thanked the EDC for all their hard work. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of October 12, 2005 through October 25, 2005, for a total amount of $3,351,835.44. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. RaNae Edwards City Clerk Item G2 Approving Appointment of Dean Peg to Business Improvement District #5 Board The Mayor has submitted the appointment of Dean Peg to complete the term of Steve Rasmussen who has resigned to the Business Improvement District #5 Board. This appointment would become effective immediately, upon approval by City Council and would expire on December 31, 2006. Approval is recommended. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G3 Approving Re-Appointment of Roger Bullington and Appointment of John Hoggatt to the Grand Island Facilities Corporation The Mayor has submitted the reappointment of Roger Bullington to the Grand Island Facilities Corporation. This appointment would become effective December 1, 2005, upon approval by City Council and would expire November 30, 2008. Approval is recommended. The Mayor also has submitted the appointment of John Hoggatt to replace Dee Price to the Grand Island Facilities Corporation. This appointment would become effective December 1, 2005, upon approval by City Council and would expire November 30, 2008. Approval is recommended. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Jack Henry, 4840 Baker Avenue for Liquor Manager Designation for Indian Head Golf Course, 4100 W. Husker Highway Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 8, 2005 Subject: Request of Jack Henry, 4840 Baker Avenue for Liquor Manager Designation for Indian Head Golf Course, 4100 W. Husker Highway Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Jack Henry, 4840 Baker Avenue has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-17348” Liquor License for Indian Head Golf Course, 4100 W. Husker Highway. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Jack Henry, 4840 Baker Avenue for Liquor Manager Designation in conjunction with the Class “C-17348” Liquor License for Indian Head Golf Course, 4100 W. Husker Highway.. Item G5 #2005-315 - Approving Acquisition of Public Utility Easement Located at 4250 Old Potash Highway (Lee J. and Sherry A. Newport) This item relates to the aforementioned Public Hearing Item E-2. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-315 WHEREAS, a public utility easement is required by the City of Grand Island, from Lee J. Newport and Sherry A. Newport, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 8, 2005, for the purpose of discussing the proposed acquisition of an easement through a part of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., all in the city of Grand Island, Hall County, Nebraska, the ten (10.0) foot by twenty (20.0) foot easement being more particularly described as follows: Beginning at the Southwest corner of Lot One (1) Block One (1) of Dale Roush Subdivision thence west on the north line of Old Potash Highway for a distance of twenty (20.0) feet thence north on a line perpendicular to the north line of Old Potash Highway for a distance of ten (10.0) feet thence east on a line ten (10.0) feet north of and parallel to the north line of Old Potash Highway for a distance of twenty (20.0) feet to the west line of Lot One (1) Block One (1) of Dale Roush Subdivision thence south on the west line of Lot One (1) Block One (1) of Dale Roush Subdivision for a distance of ten (10.0) feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Lee J. Newport and Sherry A. Newport, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G6 #2005-316 - Approving Acquisition of Public Utility Easement Located at 108 Arapahoe Avenue (Gaylen & Kim Sprague) This item relates to the aforementioned Public Hearing Item E-3. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-316 WHEREAS, a public utility easement is required by the City of Grand Island, from Gaylen Sprague and Kim Sprague, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 8, 2005, for the purpose of discussing the proposed acquisition of an easement through a part of Lot One (1), Block One (1), Dale Roush Subdivision in the city of Grand Island, Hall County, Nebraska, the ten (10.0) foot wide easement being more particularly described as follows: Being the south ten (10.0) feet of Lot One (1), Block One (1) of Dale Roush Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Gaylen Sprague and Kim Sprague, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G7 #2005-317 - Approving Acquisition of Public Utility Easement Located at 2836 & 2838 Cross Pointe Drive; Lot 11 North Pointe Subdivision (The Meadows Apartment Homes LLC) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-317 WHEREAS, a public utility easement is required by the City of Grand Island, from The Meadows Apartment Homes, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 8, 2005, for the purpose of discussing the proposed acquisition of an easement through a part of Lot Eleven (11), North Pointe Subdivision in the city of Grand Island, Hall County, Nebraska, the easement being more particularly described as follows: Beginning at the southeast corner of said Lot Eleven (11); thence running northwesterly along the southerly line of said Lot Eleven (11), a distance of One Hundred Thirty Eight and Twenty Six Hundredths (138.26) feet, to a point on the easterly line of an existing Fifteen (15.0) foot wide easement; thence running northerly along the easterly line of said existing Fifteen (15.0) foot wide easement, a distance of Five and Eleven Hundredths (5.11) feet, to a point Five (5.0) feet northerly of the southerly line of said Lot Eleven (11); thence running southeasterly parallel with and Five (5.0) feet northerly of the southerly line of said Lot Eleven (11), a distance of One hundred Forty Four and Fifteen Hundredths (144.15) feet, to a point on the southeasterly line of said Lot Eleven (11); thence running southwesterly along the southeasterly line of said Lot Eleven (11), a distance of Six and Ninety Five Hundredths (6.95) feet to the point of beginning and containing 0.016 acres more or less. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from The Meadows Apartment Homes, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G8 #2005-318 - Approving Bid Award for 47,000 GVW Dump Truck; Street and Transportation Division of the Public Works Department Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, 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: November 8, 2005 Subject: Approving Bid Award for One Minimum 47,000 GVW Dump Truck Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background On October 21, 2005 the Street & Transportation Division of the Public Works Department advertised for bids for the purchase of a Minimum 47,000 GVW Dump Truck. Funds for the dump truck were in the approved 2005/2006 budget. Discussion Fifteen bids were received and opened on October 31, 2005. The Street & Transportation Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. The Wick’s Sterling Truck with the Crysteel Body was the only truck that met all specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid 1. Wick’s Sterling Trucks Omaha, NE Noted $67,778.00 2. Wick’s Sterling Trucks Omaha, NE None $67,815.00 3. Tom Dinsdale Grand Island, NE Noted $68,548.00 4. Tom Dinsdale Grand Island, NE Noted $68,585.00 5. Wick’s Sterling Trucks Omaha, Ne Noted $68,724.00 6. Tom Dinsdale Grand Island, NE Noted $69,494.00 7. Nebraska Truck Center Grand Island, NE Noted $71,664.00 8. Nebraska Truck Center Grand Island, NE Noted $71,701.00 9. Nebraska Peterbilt Grand Island, NE Noted $72,443.00 10. Nebraska Peterbilt Grand Island, NE Noted $72,476.00 11. Nebraska Truck Center Grand Island, NE Noted $72,610.00 12. Nebraska Peterbilt Grand Island, NE Noted $73,352.00 13. Hansen International Grand Island, NE Noted $74,108.91 14. Hansen International Grand Island, NE Noted $74,145.91 15. Hansen International Grand Island, NE Noted $75,054.91 There are sufficient funds for this purchase in Account No. 10033501-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the purchase of the Dump Truck from Wick’s Sterling Trucks, Inc. of Omaha, NE in the amount of $67,815.00. 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 the purchase of the Dump Truck in the amount of $67,815.00 from Wick’s Sterling Trucks, Inc. of Omaha, NE. Sample Motion Approve the purchase of the Dump Truck. 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: October 31, 2005 at 11:00 a.m. FOR: (1) Minimum 47,000 GVW Dump Truck DEPARTMENT: Public Works ESTIMATE: $88,000.00 FUND/ACCOUNT: 10033501-85625 PUBLICATION DATE: October 21, 2005 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Wick’s Sterling Trucks Hansen International Truck, Inc. Omaha, NE Grand Island, NE Exceptions: None Noted Bid Price: $67,815.00 Crysteel Body $74,145.91 Crysteel Body Alternate Bid: $67,778.00 Galion Body $74,108.91 Galion Body Alternate Bid: $68,724.00 Henderson Body $75,054.91 Henderson Body Bidder: Nebraska Peterbilt Tom Dinsdale Chevy Cadillac & GMC Grand Island, NE Grand Island, NE Exceptions: Noted Noted Bid Price: $72,443.00 $69,494.00 Henderson Body Alternate Bid: $72,476.00 $68,548.00 Galion Body Alternate Bid: $73,352.00 Henderson Body $68,585.00 Crysteel Body Bidder: Nebraska Truck Center, Inc. Grand Island, NE Exceptions: Noted Bid Price: $71,664.00 Galion Body Alternate Bid: $72,610.00 Henderson Body Alternate Bid: $71,701.00 Tipper Body cc: Steve Riehle, Public Works Director Scott Johnson, Street Superintendent Danelle Collins, PW Admin. Assist. Bud Buettner, Assist. PW Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1034 Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-318 WHEREAS, the City of Grand Island invited sealed bids for one (1) Minimum 47,000 GVW Dump Truck for the Street and Transportation Division of the Public Works Department, according to plans and specifications on file with the City Attorney; and WHEREAS, on October 31, 2005, bids were received, opened and reviewed; and WHEREAS, Wick's Sterling Trucks of Omaha, 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 $67,815.00; and WHEREAS, such bid is below the estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wick's Sterling Trucks of Omaha, Nebraska, in the amount of $67,815.00 for one (1) minimum 47,000 GVW dump truck with a Crysteel Body is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-319 - Approving Installation of a Stop Sign on 17th Street at the Intersection with Walnut / State Street Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 8, 2005 Subject: Approving Installation of a Stop Sign on 17th Street at the Intersection with Walnut / State Street Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required for the installation of Stop signs. Discussion Northbound traffic on Walnut Street stops at the intersection. East bound traffic on 17th Street currently has a yield sign posted at the intersection. Traffic on eastbound 17th Street should be required to stop in order to improve safety. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the installation of a Stop Sign on 17th Street at the intersection with Walnut / State Street. 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 pass a resolution to install a Stop Sign on 17th Street at the intersection with Walnut / State Street. Sample Motion Move to approve the installation of the Stop Sign. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-319 WHEREAS, the City Council, by authority of Section 22-27 of the Grand Island City Code, may by resolution regulate motor vehicle traffic upon the streets of the City of Grand Island; and WHEREAS, it is necessary to improve traffic safety where 17th Street, State Street and Walnut Street intersect; and WHEREAS, eastbound traffic on 17th Street currently has a yield sign posted at the intersection; WHEREAS, northbound traffic on Walnut Street currently has a stop sign posted a the intersection; and WHEREAS, it is recommended that both the eastbound traffic on 17th Street and the northbound traffic at Walnut Street be required to stop before entering such intersection; and WHEREAS, it is in the city's best interests to effectuate such changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1. A stop sign be installed on 17th Street, requiring eastbound traffic to stop prior to entering the intersection with State Street and Walnut Street. 2. A stop sign be installed on Walnut Street, requiring northbound traffic to stop prior to entering the intersection with State Street and 17th Street. 3. The Street Department is hereby directed to install such signs to regulate traffic as outlined above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-320 - Approving Acquisition of Utility Easement - Along the East Side of Webb Road just South of Whitecloud Road (Wenzl, Inc.) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-320 WHEREAS, a public utility easement is required by the City of Grand Island, from Wenzl, Inc., a Nebraska corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 8, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the North Half (N1/2) of Fractional Section Thirty (30), Township Twelve (12) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, the westerly line of the fifteen (15.0) foot wide easement and right-of-way being more particularly described as follows: Beginning at a point being thirty three (33.0) feet east and thirty three (33.0) feet south of the northwest corner of the North Half (N1/2) of Fractional Section Thirty (30), Township Twelve (12) North, Range Nine (9) West, said point being the intersection of the easterly right-of-way line of Webb Road and the southerly right-of-way line of Whitecloud Road; thence southerly along the easterly right-of-way line of said Webb Road, a distance of nine hundred thirty seven and three tenths (937.3) feet to a point on the northerly line of a tract of land described in Deed Book 164, Page 512, recorded in the Hall County Register of Deeds office. The above-described easement and right-of-way containing 0.032 acres, more or less, as shown on the plat dated October 24, 2005, marked Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Wenzl, Inc., a Nebraska corporation, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-321 - Approving Western Area Power Administration (WAPA) Revisions to Contract - Utilities Department Tuesday, November 08, 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: November 8, 2005 Subject: Revision of Exhibits to Western Area Power Administration Contract Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background The Western Area Power Administration (WAPA) markets electrical power and energy from the hydroelectric dam projects on the Missouri River. Grand Island entered into a purchase contract with the predecessor organization of WAPA in 1970. The Contract, WAPA Number 90-BAO-413, was renewed, with modifications in 1991 and again in 1999. This Contract extends through December 31, 2020. The Contract contains provisions for WAPA, under certain circumstances, to reduce the allotment of power and energy, otherwise known as Contract Rate of Delivery (CROD), to customers. Those “circumstances” include new projects, changes in allocation of water resources, changes in river hydrology or river operations. Recently there have been extensive negotiations and court proceedings involving several states and federal agencies regarding the competing interests of recreation, barge traffic use and the maintenance of habitat for the endangered species utilizing the Missouri River Basin. Grand Island has received notice that the Rate of Delivery will be reduced by 0.164% during the summer months and 0.216% during the winter months. WAPA requests that Grand Island acknowledge this reduction through execution of Revision 3 of Exhibit A and Revision 2 of Exhibit B. Discussion Revised Exhibit A provides the maximum hourly summer and winter delivers, while reaffirming WAPAs conditional right to impose further reductions. Revised Exhibit B provides the monthly rates of delivery for power and energy to Grand Island. Both Exhibits are within the bounds of the existing contract. WAPA provides approximately 5% of Grand Island’s electrical needs. A 0.2% reduction of this 5% will not have a major impact on the overall cost of power to Grand Island or a major impact on the Electric Department’s ability to serve customers. Platte Generating Station will be used to pick up the small reduction in energy. This reduction in the Contract Rate of Delivery is contractually authorized. The revisions provide Grand Island with the revised CROD. WAPA requests formal acknowledgement of these revisions. 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, in which case the revisions will still become effective by the existing contract. Recommendation City Administration recommends that the Council approve the proposed Exhibit A, Revision 3 and Exhibit B, Revision 2 to the WAPA Contract No. 90-BAO-413. Sample Motion Motion to approve acceptance of proposed Exhibit A, Revision 3 and Exhibit B, Revision 2 to the WAPA Contract No. 90-BAO-413. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-321 WHEREAS, since 1970, the City of Grand Island has purchased firm power and associated energy from the federal hydroelectric projects on the Missouri River, the federal bureau tasked with the operation and administration of the hydroelectric projects in the Western Area Power Administration (WAPA); and WHEREAS, on March 4, 1991, the original contract was replaced with Contract No. 90- BAO-413, which will expire on December 31, 2020; and WHEREAS, the contract contains provisions for WAPA, under certain conditions, to reduce the allotment of power and energy, otherwise known as Contract Rate of Delivery (CROD) to customers; and WHEREAS, the City of Grand Island has received notice that the Rate of Delivery will be reduced by 0.164% during the summer months and 0.216% during the winter months; and WHEREAS, WAPA requests that the City of Grand Island acknowledge this reduction through the execution of Revision 3 of Exhibit A and Revision 2 of Exhibit B; and WHEREAS, both exhibits are within the bounds of the existing contract, and such reductions will not have a major impact on the overall cost of power to Grand Island or a major impact on the Electric Department's ability to serve its customers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Exhibit A, Revision 3 and Exhibit B, Revision 2 to the Western Area Power Administration Contract No. 90-BAO-413 are hereby approved and accepted. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such revised exhibits on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-322 - Approving Certificate of Final Completion for Modular Home Design/Build at Heartland Public Shooting Park Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: November 8, 2005 Subject: Certificate of Final Completion-Modular Home Design/Build at Heartland Public Shooting Park Item #’s: G-12 Presenter(s): Steve Paustian, Parks and Recreation Director Background A Purchase Order was issued to Lockhart Homes for the design/build of a home for the Superintendent at the Heartland Public Shooting Park. Discussion The project has been completed as per the purchase order. 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 final acceptance for the work contracted. Sample Motion Motion to approve certificate of final completion. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-322 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Modular Home Design/Build at the Heartland Public Shooting Park, certifying that Lockhart Homes of Grand Island, Nebraska, under contract dated June 14, 2005, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Parks and Recreation Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Parks and Recreation Director's Certificate of Final Completion for Modular Home Design/Build at the Heartland Public Shooting Park is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-323 - Approving Renewal of Lease Agreement with Scott and Lisa Norton dba Health Plex Fitness Center Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: November 8, 2005 Subject: Approving Renewal of Lease Agreement with Scott and Lisa Norton to manage the Grand Island Racquet Center Item #’s: G-13 Presenter(s): Steve Paustian Background For the past ten years Scott and Lisa Norton have managed the Grand Island Racquet Center. Their involvement has allowed for the facility to continue operating without tax subsidy. While the facility remains under utilized those that take advantage of the facility are enjoying it. Discussion Until such time as the City or other group provides a proposal to increase the utilization of the facility the current arrangement remains satisfactory. 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 renew the contract of Scott and Lisa Norton to run the Racquet Center. Sample Motion Motion to approve lease agreement with Scott and Lisa Norton dba the Health Plex Fitness Center. Approved as to Form ¤ ___________ November 3, 2005 ¤ City Attorney R E S O L U T I O N 2005-323 WHEREAS, on August 4, 1997, by Resolution 97-215, the City Council of the City of Grand Island approved and authorized Scott and Lisa Norton, doing business as Health Plex Fitness Center, to manage and operate the Racquet Center in Grand Island, Nebraska; and WHEREAS, the parties have expressed an interest in entering into a new lease arrangement; and WHEREAS, the proposed 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 Lease Agreement by and between the City and Scott and Lisa Norton, doing business as Health Plex Fitness Center, to manage and operate the Racquet Center in Grand Island, Nebraska, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of the Request of Jeff D. Leo dba Bud's Roadhouse, 2710 Diers Avenue for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item H2 Consideration of Annexation for Property Located East of Engleman Road and South of Old Potash Highway and Refer to the Regional Planning Commission Tuesday, November 08, 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: November 8, 2005 Subject: Annexation of Property South Old Potash Highway and East of Engleman Road 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 Old Potash Highway on the east side of Engleman Road. 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 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 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 for a recommendation. Item J1 Approving Payment of Claims for the Period of October 26, 2005 through November 8, 2005 The Claims for the period of October 26, 2005 through November 8, 2005 for a total amount of $2,368,834.78. A MOTION is in order. Tuesday, November 08, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council