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03-28-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, March 28, 2006 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 - Reverend Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 Proclamation "Baby Blues Week" March 26 to April 1, 2006 Teenage pregnancies have an effect on both mothers and infants for lifelong social and economic disadvantages. The Student Advisory Board of the Saint Francis Medical Center Student Wellness Center would like to provide education and information to students on the consequences of teen parenting. The Mayor has proclaimed the week of March 26th to April 1st, 2006 as "Baby Blues Week". See attached PROCLAMATION. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, pregnancies that occur during adolescence place both mothers and infants at risk for lifelong social and economic disadvantages; and WHEREAS, 10.7 to 19.3 percent of all births were to teen girls in Hall County in 1993-1997; and WHEREAS, only one-third of teen mothers receive a high school diploma; and WHEREAS, only 1.5 percent of teen mothers earn a college degree; and WHEREAS, the children of teenage parents have lower birth weights, are more likely to perform poorly in school, are at greater risk of abuse and neglect, are more likely to end up in prison, and are more likely to become parents themselves; and WHEREAS, the Student Advisory Board of the Saint Francis Medical Center Student Wellness Center would like to provide education and information to their fellow students on the consequences of teen parenting. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the week of March 26th to April 1st, 2006 as “BABY BLUES WEEK” in the City of Grand Island, and encourage all citizens to support this worthy goal in increasing awareness and education of our city’s adolescents on the consequences of teen parenting. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this twenty-eighth day of March in the year of our Lord Two Thousand and Six. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item C2 Proclamation "Autism Awareness Month" April 2006 A severe, life-long development disability, resulting in the significant impairment of an individual's ability to learn, develop appropriate social skills, and understand verbal, non- verbal, and reciprocal communication, Autism affects one out of every 250 babies born today. The Mayor has proclaimed the month of April, 2006 as "Autism Awareness Month" in Grand Island and encourages a greater recognition and understanding of Autism. See attached PROCLAMATION. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, autism spectrum disorder is the third most common developmental disability; and WHEREAS, autism spectrum disorder is a severely incapacitating, lifelong developmental disability, resulting in significant impairment of an individual’s ability to learn, develop healthy interactive behaviors, and understand verbal, nonverbal, and reciprocal communication; and WHEREAS, although a cure for autism spectrum disorder has not been found, accurate, early diagnosis and the resulting appropriate education and intervention can help persons with autism spectrum disorder reach their maximum potential; and WHEREAS, the Grand Island support group of the Autism Society of Nebraska and other support groups are advocates for the rights, humane treatment, and appropriate education of all persons with autism spectrum disorder; and WHEREAS, the annual observance of Autism Awareness Month educates families, professionals, and the general public to better understand this lifelong disability. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the month of April, 2006 as “AUTISM AWARENESS MONTH” throughout the City of Grand Island, and encourage all Grand Islanders to work together to ensure that individuals with autism spectrum disorder are accurately diagnosed and appropriately treated throughout their lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this twenty-eighth day of March in the year of our Lord Two Thousand and Six. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class "C" Liquor License Tuesday, March 28, 2006 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: March 28, 2006 Subject: Public Hearing on Request of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background William A. Francis representing Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road 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. Attached is the Police Department’s background investigation and recommendation. Not all inspections have been completed. Along with this license is the application for a Liquor Manager designation by Tonia Reeser, 2412 West 6th Street. This application has been reviewed by the Police Department and City Clerk’s Office. Approval is recommended contingent upon the issuance of the liquor license and a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application and liquor manager designation. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License contingent upon final inspections. Approve the application for a Liquor Manager designation for Tonia Reese, 2412 West 6th Street contingent upon issuance of the liquor license for Copa Cabana with the stipulation that Ms. Reese complete a state approved alcohol server/seller training program. Sample Motion Move to approve the application of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License for failure to complete inspections contingent upon final inspections and approve the application for a Liquor Manager designation for Tonia Reese, 2412 West 6th Street contingent upon issuance of the liquor license for Copa Cabana with the stipulation that Ms. Reese complete a state approved alcohol server/seller training program. Item E2 Public Hearing on Request of WILE E. Investment Properties, LLC for Conditional Use Permit for Temporary Use of a Home as a Veterinary Clinic during Construction of a New Veterinary Clinic Located at 210 East Stolley Park Road Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: March 28, 2006 Subject: Request of Wile E. Investment Properties for Conditional Use Permit to Allow for the Temporary Use of an Existing Single Family Dwelling at 210 East Stolley Park Road for a Veterinary Clinic during Construction of a Permanent Facility Item #’s: E-2 & G-4 Presenter(s) Craig Lewis, Building Department Director Background The zoning classification for this property is B-2/ A-C, General Business Zone with an Arterial Commercial Overlay Zone. That classification specifies only one principal building shall be permitted on any one zoning lot. The property currently has an existing single family dwelling on the lot and the applicant wishes to renovate that building and utilize that structure as a Veterinary Clinic during the construction of a permanent facility on the site. To accomplish that request approval is required from the City Council in the form of a conditional use permit to allow for a temporary use for a time certain. Discussion The property is currently bounded on the west and south by commercial operations and on the north and east by residential properties. A temporary use of the existing building during construction of a permanent structure to allow for the operation to commence and then remove the existing building at the completion of the construction does not appear to have any negative impact on the site or the surrounding properties. Approval appears appropriate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a Conditional Use. 2. Disapprove or /Deny the Request. 3. Modify the Conditional Use Permit to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the conditional use to allow for temporary use of the existing structure during construction of a permanent facility for a 12 month time limit. Sample Motion Motion to approve the requested conditional use permit as specified in the staff recommendation. Item E3 Public Hearing on Change of Zoning for Land Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of Highway 281 from AG Agricultural to CD Commercial Development Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 28, 2006 Subject: Change of Zoning – Ewoldt Subdivision Item #’s: E-3 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning on a tract of land proposed for platting as Ewoldt Addition from TA Transitional Agricultural to CD Commercial Development Zone. Discussion The developers of Ponderosa Pointe (Ewoldt Subdivision) are requesting that the City change the zoning on approximately 100 acres of ground at the southwest corner of Husker Highway and U.S. Highway 281 from Transitional Agriculture to CD Commercial Development Zone. The Planning Commission held a hearing on this application at their meeting on February 1, 2006. No members of the public spoke on this issue. The developer and their representatives were at the meeting to answer questions from the Planning Commission. The Future Land Use Map from the Grand Island Comprehensive plan shows this property as commercial. The proposed uses and rezoning are consistent with the comprehensive plan. The property will have 2 accesses onto Husker Highway and will access U.S. Highway 281 at the south end of the development on Rae Road. The developers will reconfigure Rae Road from its present configuration and build the streets to City Standards. All utilities are available to this site. This is a CD zone the preliminary and final plats for the initial development are included with this application and need to be approved if the rezoning and development plan are approved. The development plan includes 3 outlots. Outlot A is intended for future development and it is anticipated that the developers will submit an application to amend the development plan specifically for Outlot A sometime in the future. Outlots B and C are reserved as drainage structures and will not be built upon. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning as presented 2. Modify the rezoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Hayes to approve the rezoning as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Hayes) voting in favor. Sample Motion Approve the rezoning for Ewoldt Addition as presented. Item E4 Public Hearing Concerning Acquisition of Utility Easements - Stuhr and Swift Roads - Swift Beef Plant Tuesday, March 28, 2006 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: March 28, 2006 Subject: Acquisition of Utility Easements – Stuhr and Swift Roads – Swift Beef Plant Item #’s: E-4 & G-15 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 two easements relative to the property of Swift Beef Company, located at the northwest corner of Swift Beef Plant (Lot 46), and south of Swift Road, north of the Swift Beef Plant and west of the guard shack (Lot 50), in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The easement nearest to Stuhr Road (Lot 46) will add to an existing easement. The transformer was placed farther east than the easement previously acquired. The easement adjacent to Swift Road (Lot 50) will be used to place a pad-mounted transformer and underground cable to serve electricity to a new lab building. 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 easements for one dollar ($1.00) each. Sample Motion Motion to approve acquisition of the Utility Easements. Item F1 #9032 - Consideration of Annexation of Property Proposed for Platting as Ewoldt Addition Located South of Husker Highway and West of U.S. Highway 281 (Final Reading) Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 28, 2006 Subject: Annexation – Ewoldt Subdivision (Third Reading) Item #’s: F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land proposed for platting as Ewoldt Subdivision an addition to the City of Grand Island, located in the NE ¼ 36-11-10 into the Grand Island City Limits. Discussion This property is contiguous with the Grand Island City Limits. The owners have requested this annexation by proposing to plat this property as an addition to the City. This property is substantially within the Grand Island Utilities Electrical Service District. Sewer and water are available to this property. This property is within the Cedar Hollow/Northwest School Districts. This annexation 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 Amick 2nd by Miller 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 9 members present (Amick, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Hayes) voting in favor. Sample Motion Approve the annexation as Submitted Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9032 An ordinance to annex Ewoldt Subdivision into the City of Grand Island; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, Husker Retail Development, L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the Northeast Quarter (NE1/4) of Section 36, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, under the name of EWOLDT SUBDIVISION, which is proposed to be an addition to the City of Grand Island; and WHEREAS, after public hearing on February 1, 2006, the Regional Planning Commission recommended the approval of annexing such addition into the City of Grand Island; and WHEREAS, after public hearing on February 14, 2006, the City Council found and determined that such annexation be approved. * This Space Reserved for Register of Deeds * ORDINANCE NO. 9032 (Cont.) - 2 - WHEREAS, such ordinance was approved on first reading on February 14, 2006; and WHEREAS, such ordinance was approved on second reading on February 28, 2006. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Ewoldt Subdivision is hereby anne xed into the City of Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules, and regulations of the City of Grand Island SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9035 - Consideration of Change of Zoning for Land Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of Highway 281 from AG Agricultural to CD Commercial Development This item relates to the aforementioned Public Hearing Item E-3. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9035 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of a part of the Northeast Quarter (NE1/4) of Section 36, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, from TA-Transitional Agricultural Zone to CD-Commercial Development Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 1, 2006, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on March 28, 2006, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from TA-Transitional Agricultural Zone to CD-Commercial Development Zone: 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 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 ORDINANCE NO. 9035 (Cont.) - 2 - 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 squa re feet or 96.32 acres more or less, as shown on Exhibit 1 revised 10/28/05, attached hereto and incorporated herein by reference. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9036 - Consideration of Amendments to Chapter 2 of the Grand Island City Code Relative to Administration Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: March 28, 2006 Subject: City Code Revisions to Chapter 2 Relative to Administration Item #’s: F-3 Presenter(s): Douglas R. Walker, City Attorney Background The Mayor, City Council and City Administration established a goal this year of revising the Grand Island City Code. The code revision committee has met and has drafted changes to Chapter 2 of the City Code for City Council consideration. The proposed revisions are so that the City Code will reflect current state law and to clarify ambiguous portions of Chapter 2. Discussion The primary changes that are being proposed to Chapter 2 are as follows: · Section 2-5 of the Code is being amended to clarify the number of votes required to constitute a quorum as six, the number of votes required to constitute 2/3 of the council as seven and the number of votes that would constitute 3/4 of the council as eight. · Section 2-6 has been revised to clarify that matters will be placed on the council agenda if directed by the Mayor, City Administrator or a majority of the entire council. · Section 2-17 has been revised to reflect that the Mayor has the authority to recommend the appointment of all statutory officials to the City Council and to make the decisions on hiring other department heads and subordinate employees and will have the power to grant reprieves and pardons for offenses arising under the ordinances of the city. · Section 2-19 has been revised to remove the requirements set forth under sub- section 2 of that ordinance on council member involvement with citizen complaints from their ward. · Section 2-19 has been revised to reflect that council members have the right to make inquiries of city staff but other contacts with the city staff should be through the City Administrator. · Section 2-30 proposes to delineate the five statutory offices required by state statute, which are city administrator, city attorney, city clerk, city engineer and city treasurer, as statutory offices which are appointed by the mayor with the approval of the council. This code section further clarifies that these statutory officers are appointment for the term of the mayor and until their successors are appointed and qualified and may be removed by the mayor with approval of the majority of the council. · Section 2-31 of the proposed City Code delineates the other department heads as hired officials. These officials would be hired and be subject to the personnel rules of the City of Grand Island as all other city emplo yees This proposed section of the City Code would further distinguish the fire chief and police chief as officials subject to the civil service rules of Grand Island and the Emergency Management Director and Planning Director who are the two department heads which are retained through an interlocal agreement. · Section 2-37 of the Code has been revised to delete the provisions of subsection 4 requiring the city administrator be responsible for preparation of the annual estimates of revenues and expenditures of the proposed budget since these duties are performed by the city’s finance director. Subsection 7 of this code section has also been revised to indicate that the city administrator would act as program administrator for the Economic Development Program of the city. · Section 2-39 of the City Code regarding the treasurer/finance director has been revised to reflect that the finance director is responsible for the preparation of the annual estimates of revenues and expenditures which is a duty that the finance director is currently performing. · Section 2-40 of the City Code has been revised regarding the city attorney to reflect that outside counsel may be retained in matters where the city attorney has a conflict or where special expertise is needed. · Section 2-41 has been added to the City Code to set forth the duties of the city engineer/public works director, which is one of the statutory director positions. The current City Code did not have a code provision specifically detailing the duties of the city engineer. · Article VI of Chapter 2, Sections 2-76 through 2-84 have been removed since most of this language is obsolete and only one code section is present in its place which ratifies the city’s existing police officer retirement system, firefighters retirement system and a general employee pension fund. · The Planning and Community Development code sections have been removed to their own Chapter 37 and the Economic Development Program has been moved to a new Chapter 38. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the revisions to the City Code as drafted by city staff. 2. Disapprove or deny the ordinance which would revise the City Code in which event the code would remain in effect. 3. Modify the recommendations of city staff for changing the City Code. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the changes recommended by city staff to Chapter 2 of the City Code. Sample Motion Motion to approve the ordinance revising code sections in Chapter 2 of the Grand Island City Code. Page 2-1 CHAPTER 2 ADMINISTRATION Article I. Meetings; Committees §2-1. Form of Government The City of Grand Island is a City of the First Class with a municipal government organized pursuant to the provisions of Chapter 16 of the Revised Statutes of Nebraska. §2-2. Regular Meetings The regular meetings of the council shall be held at 7:00 p.m. in the council chambers of city hall, on the second and fourth Tuesdays of each month; providing that if such meeting date shall occur on a holiday, the meeting shall be on the next business secular day following, or such other time as the council may provide. Amendments to the schedule of city council meeting dates shall be by resolution. §2-3. Special Meetings Special meetings may be called by the mayor or any four council members, upon twenty-four hours written notice to every member of the council; provided, that the requirement of notice shall not be binding in any special meeting at which all members of the council are present without objection. Such notices may be served by any member of the police department or any other person in the City, and it shall be the duty of the city clerk when given such notices to serve the same or cause the same to be served immediately. §2-4. City Council; Study Sessions The City Council may hold a meeting to be referred to as a "Study Session" as needed and at the discretion of the City Council. Study sessions will be public meetings held at the time and place to be determined by the Council for which notice will be published pursuant to Nebraska statutory requirements. Study sessions shall be conducted to facilitate discussion between members of the Council and shall not be subject to formal parliamentary procedure. No motion, action, or vote of any kind shall be taken on any matter during a Study Session, except upon a motion to recess or to adjourn. §2-5. City Council; Quorum; Voting (1) A majority of all the members of the city council must be present at a regular or special meeting to constitute a quorum; but if less than such majority is present at the meeting; the majority of the council members present may adjourn the meeting from time to time without further notice. (2) Except in those cases where Nebraska law requires a greater number of votes, six (6) affirmative votes shall constitute a majority vote be required to adopt a motion, resolution, ordinance, action, or policy. In those cases where the mayor is authorized by law to vote, the mayor's vote shall be counted as one of the six necessary affirmative votes. (3) On votes requiring two-thirds vote of the council, such vote shall require seven (7) affirmative votes to pass. (4) On votes requiring three-fourths vote of the council, such vote shall require eight (8) affirmative votes to pass. §2-6. Agenda For Meetings All matters for consideration at any regular meeting or study session of the city council shall be submitted in writing and filed in the office of the city clerk pursuant to the timetable established by resolution. administrative policy which shall be published at least once yearly and posted continuously at City Hall and Edith Abbott Memorial Library. All matters for consideration at any special meeting of the city council shall be submitted in writing and filed in the office of the city clerk at least twenty-four hours Grand Island City Code, 2002 Edition Page 2-2 prior to the time set for such special meeting. The city clerk shall place upon the agenda of any regular, special, or study session meeting only those matters which have been directed by a majority of the entire the council or authorized by the mayor or , a council member, the city administrator. , or city clerk. §2-7. Rules of Order The current edition of Robert's Rules of Order shall guide the proceedings of the council where applicable and where not in conflict with statutes or ordinances. §2-8. Disturbing Meetings It shall be unlawful to disturb or disrupt any regular, special, or study session meeting of the council. Any person or persons who repeatedly disturb or disrupt a meeting of the council may be summarily ejected from the council chambers and the city hall at the Mayor's discretion. The Police Chief or his/her designee shall carry out such Mayoral directive. §2-9. Council Committees Committees of the council may be created by the mayor and approved by a majority of the council to advise the council in regard to special issues. Each committee will consist of not more than five council members, appointed by the mayor and confirmed by the council. The committees may also consist of other members, including staff, who shall serve only as non-voting members. The manner of appointment shall be the same. The chairman of the committee will be a council member. Council committees shall conduct their meetings in compliance with the open meetings law, shall maintain minutes of all meetings, and shall submit their minutes, findings, and recommendations to the city council in writing in a timely manner. Appointments to council committees shall be for a term of one year unless ended sooner by dissolution of the committee. The committee may be dissolved by any of the following actions: (1) Majority vote of the committee to dissolve; (2) Resolution of the special issue assigned; (3) Majority vote of the city council; or (4) Expiration of one year from date of creation unless reappointed. §2-10. Mayor's Committees Mayor's committees may be appointed by the mayor without council approval to advise the mayor in regard to special issues. Mayor's committees are not normally subject to the open meetings law. and will conduct their meetings in accordance with the mayor's instruction. Findings and recommendations of mayor's committees shall be submitted to the mayor and shall be considered as advising the mayor only and not the council. §2-11. Boards and Commissions The city council may establish citizen advisory boards and commissions of either a permanent or temporary nature to study and/or make recommendations on designated issues. Certain powers may be delegated to boards and commissions as provided for by statute. Boards and commissions of a permanent nature shall be established by ordinance. The structure and appointments of the boards and commissions shall be in accordance with other provisions contained herein. §2-12. Reserved §2-13. Reserved §2-14. Reserved Chapter 2 ? Administration Page 2-3 Article II. Elected Officials §2-15. Mayor; Powers; Duties The mayor shall be the chief principal executive officer of the City of Grand Island, and advised by the members of the city council; shall in general supervise and control all of the business, affairs, and officers of the City of Grand Island. The mayor shall, when present, preside at all meetings of the city council. The mayor shall have the power, together with any other proper officer of the City of Grand Island, upon authorization by the city council, to sign certificates, deeds, mortgages, bonds, contracts, or other documents except in cases where the signing and execution thereof shall be expressly delegated by the city council to other officers or agents of Grand Island, or shall be required by law to be otherwise signed or executed, and in general shall perform all duties incident to the mayor's office. and such other duties as may be prescribed by the city council from time to time. The mayor shall have the right to vote when his or her vote shall be the sixth decisive vote upon any pending matter, legislation, or transaction. The mayor shall take care that the ordinances of the City and the provisions of the law relating to cities of the first class are complied with. The mayor may administer oaths, and shall sign the commissions and appointments of all officers appointed in the City. §2-16. Mayor; Veto Powers; Passage Over Veto The mayor shall have the power to approve or veto any ordinance passed by the city council, and to approve or veto any order, bylaw, resolution, award of, or vote to enter into any contract, or the allowance of any claim; provided, any ordinance, order, bylaw, resolution, award, or vote to enter into any contract, or the allowance of any claim vetoed by the mayor may be passed over such veto by a vote of two thirds of all the members elected to the council, notwithstanding such veto. If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award, or vote to enter into any contract, or the allowance of any claim, and returns the same with objections in writing to the next regular meeting of the council, the same shall become a law without the mayor's signature. The mayor may veto any item or items of any appropriation bill, and approve the remainder thereof. An item or items so vetoed may be passed by the council over the veto as in other cases. If the veto is used by the mayor, the issue will be carried over to the following regular meeting. §2-17. Mayor; Additional Powers; Duties In addition to the foregoing powers and duties, the mayor shall: (1) Appoint and remove, with approval of the city council, all statutory officials department heads; appoint, remove, correct, or discipline all other hired officials and subordinate employees in the departments in both the classified and unclassified service, which appointments shall be upon merit and fitness alone pursuant to the personnel rules, and in the classified service all appointments and removals shall be subject to civil service requirements. (2) Appoint all members of advisory boards, commissions, and committees established by ordinance or action of the council, subject to council approval. (3) Have the power to grant reprieves and pardons for all offenses arising under the ordinances of the city after conviction to remit fines and forfeitures. §2-18. Mayor; Compensation The annual compensation for the mayor shall be $13,000 per year, payable monthly in equal installments as required by law. Grand Island City Code, 2002 Edition Page 2-4 §2-19. Council; Authority; Duties (1) The council can bind the City of Grand Island, Nebraska, by their acts only when they are duly assembled at a regular or special meeting. (2) The city council members are responsible to the citizens of Grand Island, but especially to their ward constituents. All complaints from their respective wards shall be handled by council members of that ward. The council member will listen, discuss, and arbitrate the personal problems of their constituents as they are affected by city operations. If a solution cannot be reached, the mayor can be invited into the problem. The final decision may ultimately go to the city council for action. (2)(3) The city council shall do all things necessary to comply with, and enforce the ordinances of the City of Grand Island and the laws of the State of Nebraska relating to cities of the first class. (3) The city council specifically reserves the right to make inquiries of any personnel relative to municipal activities. Except for purpose of inquiry, the city council shall deal with the administrative services of the City through the administrator, and neither the council nor its members shall give orders directly to any subordinate of the city administrator. (4) The city council may by motion or resolution adopt appropriate personnel rules, and amend such rules in the same manner from time to time. §2-20. Council President; Election; Term; Duties The council shall elect one of the council members as president of the council. The term of the president shall be one year, commencing the first regular meeting in December, and terminating upon election of a new president at the first regular meeting in December of the following year. The president will assume the duties of the mayor during the mayor's absence or illness. Absence will be indicated by notification by the mayor, or through the mayor's inability to participate in a council meeting or city function. Illness shall be any sickness or injury preventing the mayor from participating in his or her daily administration or ceremonial duties. §2-21. City Council Members; Compensation The annual compensation for members of the city council shall be $6,000 per year, payable monthly in equal installments as required by law. §2-22. Mayor and Council; Benefit Plans The mayor and members of the city council shall not be eligible to participate in the city employee health insurance, life insurance, disability insurance, or retirement plans. §2-23. Bonds for Elected Officials City Officers Before entering upon the duties of their office or employment, the following named elective officers and employees of the city are hereby required to give bonds and security as provided by law for the faithful performance of their duties, which bonds shall be approved by the city council and shall be given for the following sums: Mayor $ 20,000 City Council Member $ 1,000 §2-24. Removal of Elected Official Officers for Misconduct Any elected official officer of the city specified in §16-217 of the Reissue Revised Statutes of Nebraska, 1943, may be removed from office for misconduct by the mayor and council in the following manner: Upon the filing of written charges signed and verified, charging any such officer with misconduct, the council shall by resolution set a time for hearing not less than five days nor more than ten days Chapter 2 ? Administration Page 2-5 subsequent to the passage of such resolution for a hearing on such charge. At such hearing, the officer whose conduct shall have been called into question shall have the right to be present to interrogate witnesses, to be represented by counsel, and either in person or by counsel make a statement or argument to the council. The city attorney shall act as prosecuting attorney and shall have the right to examine or cross examine each witness presented and to make any statement or argument to the council. If upon such hearing, the council shall by a three-fourths vote of all the council members, find or determine that the officer in question has been guilty of misconduct rendering him or her an unfit person to hold such office, then the city council may declare such office vacant and such office shall then be vacant forthwith. §2-25. Filling Vacancies of Elective Officers The mayor and council shall fill by appointment any vacancy which may exist, caused by death, resignation or disability of any elective officer of the City. Such appointment of the mayor shall be subject, however, to approval of the majority of the council. §2-26. Reserved §2-27. Reserved §2-28. Reserved §2-29. Reserved Article III. Appointed and Hired Officials Division 1. General §2-30. Officers; Appointive The following shall constitute the statutory officers of the City of Grand Island which shall be appointed by the mayor and approved by the council. These officers shall hold office until the end of the mayor's term and until their successors are appointed and qualified. These appointive officers may be removed at any time by the mayor, with the approval of a majority of the council: City Administrator City Attorney City Clerk City Engineer / Public Works Director City Treasurer / Finance Director Pursuant to Neb. Rev. Stat. §16-217, the following shall constitute the appointive officers of the City of Grand Island: City Administrator Chief of Police Chief of the Fire Department City Attorney Public Works Director Utilities Director City Treasurer / Finance Director Human Resources Director City Clerk Parks and Recreation Director Grand Island City Code, 2002 Edition Page 2-6 Building Department Director Library Director Directors of Departments created by Interlocal Agreements are as follows: Emergency Management Director Health Director Planning Director §2-31. Hired Officials The officials set forth below shall be hired officials which shall be selected for employment by the city as set forth in the personnel rules and regulations. All of the hired officials shall be subject to the personnel rules of the City of Grand Island as adopted by resolution. The personnel rules are supplemental to the civil service rules for the officials set forth in subparagraph (B), and supplemental to the terms of interlocal agreements pertaining to the officials set forth in subparagraph (C) below. (A) The following shall constitute the general officials of the City of Grand Island: Building Department Director Human Resources Director Library Director Parks and Recreation Director Utility Director (B) The following shall constitute the officials subject to the civil service rules of the City of Grand Island: Fire Chief Police Chief (C) The following shall constitute the interlocal officials of the City of Grand Island: Emergency Management Director Planning Director §2-32. Bonds for Appointed Officials City Officers Before entering upon the duties of their office or employment, the following named appointed officials and officers and employees of the city are hereby required to give bonds and security as provided by law for the faithful performance of their duties, which bonds shall be approved by the city council and shall be given for the following sums: City Treasurer $100,000 Deputy City Treasurer $ 50,000 City Clerk $ 10,000 City Administrator $ 20,000 §2-33. Reserved §2-34. Reserved Chapter 2 ? Administration Page 2-7 Division 2. City Administrator §2-35. Administrator; Appointment; Duties There is hereby created and established the office of city administrator, to be appointed by the mayor, with the approval of the city council; provided, no elective officer of the City of Grand Island shall hold the position of city administrator. The city administrator shall be the chief operating officer of the City of Grand Island. The administrator shall hold office until the end of the mayor's term of office, and until a successor is appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as otherwise provided by law. The employment of the city administrator may be administered by a negotiated contract. The purpose of the office of city administrator is to provide for the day-to-day administration of the City of Grand Island, Nebraska. The city administrator will remain under the direction of the mayor and be responsible thereto for the efficient conduct of the office. The city administrator shall not participate in a local election that affects the office of mayor or city council, or any other elective municipal position or issue, except for the casting of an individual ballot. The mayor and council specifically reserves the right to make inquiries of any personnel relative to municipal activities. Except for purpose of inquiry, the city council shall deal with the administrative services of the City through the administrator, and neither the council nor its members shall give orders directly to any subordinate of the city administrator. The city administrator will keep the mayor informed and seek input on any action he or she takes or will take. The salary of the city administrator shall be established by ordinance. §2-36. Administrator; Qualifications The city administrator shall be chosen on the basis of executive and administrative qualifications with special reference to actual experience, or knowledge of accepted practice in respect to the duties of the office. At the time of appointment, the city administrator need not be a resident of Grand Island, Nebraska, but during the term of office he or she shall reside within the city limits. two mile zoning area jurisdiction of the city. §2-37. Administrator; Duties; General The duties of the city administrator are as follows: (1) To aAttend all meetings of the city council and its committees unless excused, with the duty of reporting on any matter concerning the City under his or her direction; and to attend such other meetings of departments and officials as the duties of the office may require, or as may be directed by the mayor or council. (2) To mMake investigation into all affairs of the City and to make recommendations to the mayor and council for the adoption of such measures and ordinances as are deemed necessary or expedient for the good government of the City. (3) To aAnalyze the functions, duties, and activities of the various departments, divisions, and services of the City, and of all employees thereof, and to make recommendations regarding the same to the mayor and council; and to faithfully carry out the directives and recommendations of the mayor and council in coordinating the administrative functions and operations of the various departments, divisions, and services. (4) To kKeep the mayor and council fully advised as to the financial condition of the City and its needs. The city administrator shall be responsible for the preparation of the annual estimates of revenues and expenditures of the proposed budget for the presentation of a complete financial plan for the City to the mayor and council prior to the consideration and adoption of the annual appropriation ordinance by the governing body. With the adoption of the budget and the passage of the Grand Island City Code, 2002 Edition Page 2-8 appropriations ordinance by the governing body, the city administrator shall be responsible for the supervision and control of the budgeted expenditures. (5) To prepare and submit to the mayor and council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (5)(6) To r Oversee the supervision of all employees, and evaluate all appointed and hired officials, and recommend to the mayor the appointment, discipline, and transfer and dismissal of all City personnel. (6)(7) To iInvestigate or have investigated all complaints filed against an employee, department, division, or service of the City, and to report such investigation with recommendation to the mayor and council. (7) Act as Program Administrator for the Economic Development Program of the City, act as ex- officio member of the Economic Development Committee, assist the committee, and provide the committee with necessary information and advice on the economic development program. (8) To pPerform all other duties and exercise such other power as may be required by ordinance, or prescribed by resolution of the mayor and council. Division 3. City Clerk §2-38. City Clerk; Duties; Compensation There is hereby created the office and position of city clerk. The city clerk shall be appointed by the mayor with approval of a majority of the city council. The city clerk shall have the custody of all laws, ordinances and official records, and keep a correct journal of the proceedings of the council, and perform all other duties and meet all requirements imposed by law upon the position or office of city clerk and such other duties and requirements as may be lawfully required. The salary of the city clerk shall be fixed by ordinance. Division 4. City Treasurer §2-39. Finance Department; City Treasurer / Finance Director; Duties; Compensation There is hereby created a department of the City which shall be known as the Finance Department, which shall be responsible for the performance of the financial management and accounting functions of city government, including those of all departments and divisions thereof. The Department shall be responsible for developing, instituting, and maintaining all of the financial and accounting systems associated with the operation of city government including general ledger accounting; financial statements and reporting; cash management and investments; accounts payable and receivable; utilities billing and collection; payroll; and auditing. All personnel assigned to these functions shall come under the auspices of the Department and the direction of the finance director. There is hereby created the office and position of City Treasurer/Director of Finance. This position The hereafter referred to as "Finance Director," shall be appointed by the mayor, with the approval of a majority of the city council. The Director shall perform all duties and meet all requirements imposed by law upon the position or office and such other duties as directed. The Director shall assist the city administrator in the preparation of the annual budget. The finance director shall be responsible for the preparation of the annual estimates of revenues and expenditures of the proposed budget for the presentation of a complete financial plan for the City to the mayor and council prior to the consideration and adoption of the annual appropriation ordinance by the governing body. The finance director shall Chapter 2 ? Administration Page 2-9 prepare and submit to the mayor and council, on a monthly basis, a complete report on the finance activities of the City. The salary of the position shall be fixed by ordinance. Division 5. City Attorney §2-40. City Attorney; Duties; Compensation The office of city attorney is hereby created, which office shall constitute a full-time obligation upon the individual so appointed. The city attorney shall be appointed by the mayor, with the approval of a majority of the city council. The office shall be filled by appointment by the mayor and with consent of the city council. The city attorney shall be the legal advisor of the council and city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the City, or that may be ordered by the council. The city attorney shall attend meetings of the council and give an opinion upon any matters submitted by the council, either orally or in writing, as may be required. The city attorney may hire outside counsel on matters in which the city attorney lacks expertise or in which the city attorney has a conflict of interest. The salary of the city attorney shall be fixed by ordinance. The mayor and council shall have the right to pay the city attorney additional compensation for legal services performed, or to employ additional legal assistants and to pay for such legal assistants out of the funds of the City. Division 6. City Engineer / Public Works Director §2-41. City Engineer / Public Works Director; Duties; Compensation There is hereby created the office and position of City Engineer / Public Works Director, hereafter referred to as "Public Works Director". This position shall be appointed by the mayor, with the approval of a majority of the city council. Among the duties required of the Public Works Director shall be making estimates of the cost of labor and material which may be done or furnished by contract with the city and make all surveys, estimates and calculations necessary to be made for the establishment of grades, the building of culverts, sewers, bridges, curbing, gutters, and the repair and improvement of streets. The Public Works Director shall make a record of the minutes of his surveys and of all work done for the city, including sewers and sewerage systems and accurately make such plats, sections, profiles and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor. In addition to the duties specifically set forth above, the Public Works Director shall perform such other duties as the city council may require or are required by law. The salary of the position of Public Works Director shall be established by ordinance. §2-42. Reserved §2-43. Reserved Article IV. Indemnification of Officers and Employees §2-44. Definitions Officer shall include any elected, or appointed, or hired official of the city; Grand Island City Code, 2002 Edition Page 2-10 Employee shall include all employees of the city, whether under civil service or not. §2-45. Representation; City Attorney Among the duties of the city attorney shall be that of representing as counsel, without charge to the persons represented, any city officer or employee in connection with any claim, suit for damages, or other action against such person arising in connection with the performance by such officer or employee of his or her public duties; provided that such employee or officer may have his or her own counsel to assist in the defense, at the expense of the employee or officer. §2-46. Indemnification; Good Faith Any officer or employee who is held liable for the payment of any claims or damages, by way of judgment or settlement, shall be entitled to indemnification by the city, where the acts resulting in such liability were done in good faith, without malice, within the scope of authority of the employee or officer. §2-47. Governmental Immunity Nothing in this Article shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. §2-48. Notice The provisions of this Article shall apply only where the city has been given notice of any actions brought against any city employee or officer, based upon any action of such employee or officer within the scope of his or her authority as such. §2-49. Representation; Conflict of Interest Nothing in this Article or in any ordinance of the city, and nothing in any agreement with the city attorney shall be construed to require the city attorney to provide legal services in any manner which would cause the attorney to be involved in a conflict of interest. §2-50. Reserved §2-51. Reserved §2-52. Reserved §2-53. Reserved Article V. Emergency Interim Successors §2-54. Emergency Succession; Declaration In accordance with the terms and conditions of the state General Emergency Succession Act, hereinafter referred to as "such act," the mayor and council declare that it is necessary to invoke the provisions of such act in the City. §2-55. Officers To Appoint Successors Emergency interim successors shall be designated pursuant to the Local Emergency Operations Plan on file with the City Clerk and the Emergency Management Director. (1) As provided in such act, the following officers of the City shall appoint emergency interim successors (alternates) to the powers and duties of their respective offices: (A) Each member of the city council Chapter 2 ? Administration Page 2-11 (B) City Administrator (C) Chief of Police (D) Chief of Fire Department (E) City Attorney (F) Public Works Director (G) Director of Utility Operations (H) City Treasurer (I) City Clerk (J) Communications/Civil Defense Dir. (K) Parks and Recreation Director (L) Chief Building Official (2) The provisions of Subsection 1 of this section are not exclusive, however, and shall not be construed in such a manner as to prohibit the appointment of alternates by any other duly elected or appointed officers of this City, including but not limited to the head of any department or section or the members of any board or other agency of the municipal government, or as to excuse the failure on the part of any such officer to make such appointments, when clearly required by such act. §2-56. Reserved §2-57. Reserved §2-58. Reserved Article VI. Retirement and Pension Plans Division 1. Federal Insurance System §2-76. Acceptance; Terms; Construction The city accepts for itself and on behalf of its officials, appointees, and employees, except such as are excluded by the provisions of this division, their dependents and survivors, the provisions, benefits and protection of the Federal Old Age and Survivors' Insurance System, designated in this division as the "system," established by the Social Security Act. The term "employee" as used in this division shall mean an employee as defined by the Social Security Act and shall include both officers and appointees of the City. §2-77. Contracts; Authorization The mayor is hereby authorized and directed to enter into such contracts and make such agreements and stipulations with the administrator of the system in and for the state, or such other state agency for the purpose that may hereafter be designated or created, as may be deemed necessary or expedient by the administrator, or other state agency authorized in the premises, as the case may be, or as required by general law, state or federal, or any applicable regulations of the state or federal agency, to extend the benefits and protection of such system to the eligible employees of the city, their dependents and survivors, Such contracts, agreements, or stipulations shall be executed in duplicate by the mayor, attested by the signature of the city clerk, with the seal of the city attached thereto, one copy thereof to be filed with and become a part of the permanent records of the City. §2-78. Employees Included In System The employees or classes of employees of the City shall include all such employees as are not excluded from participation in the system by the provisions of the following section and such employees are hereby determined to be within and entitled to the benefits and protection of the system. Grand Island City Code, 2002 Edition Page 2-12 §2-79. Employees Excluded From System The following employees are hereby determined to be excluded by the terms of this division from participation in said system: Any employee with respect to any position not authorized for coverage by applicable state or federal laws or regulations of the Federal Administrative Agency. §2-80. Withholdings From Salaries Authorized Withholdings from the compensation of eligible employees of this City as found and determined by the two preceding sections are hereby authorized, and the City shall impose upon such employees as to services covered by this division, such withholdings to be made in amounts and at such times as may be required by general law, state or federal, and applicable regulations promulgated with respect thereto by state or federal administrative agencies. §2-81. Social Security Fund; Payments To There is hereby created and the city treasurer is hereby authorized and directed to set up an account to be known as the "Social Security Fund," into which the withholdings authorized by the preceding section shall be paid; also the proceeds from payments made by the city, together with any appropriations from available funds that might be made from time to time by municipal authority for the benefit of such fund. The fund shall be kept segregated and shall be used for no other purpose than the provisions and obligations of this division as provided to be accomplished by such fund. §2-82. Payments from Fund to Administrator The moneys in the social security fund created by the preceding section shall be paid over to the tax commissioner designated by law as the administrator of the Social Security Act for the state as authorized and provided by regulations promulgated to that end by such administrator. §2-83. City Records and Reports The city treasurer shall keep such records and make such reports relevant to the administration of the Social Security Act as may be required by general law, state or federal, or as provided by regulations promulgated by either the state or federal administrator of the system. §2-84. Authorization of Certain Payments The city council shall authorize such payments as are required from the appropriate funds of the city in order to defray the cost to the city in meeting the obligations arising by reason of the contracts, agreements, or stipulations authorized under this article. Division 2. Retirement and Pension Plans §2-59. Ratification of Existing Plans The City hereby affirms and ratifies the existing pension and retirement plans it has established which specifically includes the following plans: (1) A Police Officers Retirement System Fund and retirement plan pursuant to Neb. R.R.S. §16- 1001 et seq; (2) A Fire Fighters Retirement System Fund and retirement plan pursuant to Neb. R.R.S. §16- 1020 et seq; (3) A general employee pension fund and pension plan pursuant to Neb. R.R.S. §19-3501. Said funds and plans are hereby ratified and confirmed. Chapter 2 ? Administration Page 2-13 ********************************************************** §2-23. Procedure Not Exclusive The procedure set forth in §2-22 shall not be exclusive but shall be cumulative and in addition to any other method of removal of any officer, allowed under the provisions of this Code, other ordinances of the City, or the laws of the state. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9036 An ordinance to amend Chapter 2 of the Grand Island City Code; to amend various sections of Chapter 2 for housekeeping purposes; to restructure the hiring and retention of city officials; to move articles in Chapter 2 pertaining to the Planning Commission, the Community Development Division and the Community Redevelopment Division to a newly created city code Chapter 37; to move an article in Chapter 2 pertaining to the Economic Development Program to a newly created city code Chapter 38; to repeal Chapter 2 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 2 of the Grand Island City Code is hereby amended as set out in Exhibit "A attached hereto. SECTION 2. Chapter 2 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 9036 (Cont.) - 2 - Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9037 - Consideration of Amendments to Chapter 3 of the Grand Island City Code Relative to Alarms Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: March 28, 2006 Subject: Revisions to Chapter 3 of the Grand Island City Code Relative to Alarm Systems Item #’s: F-4 Presenter(s): Douglas R. Walker, City Attorney Background One of the goals set this year by Administration, the Mayor and the City Council was to revise the Grand Island City Code. As part of the effort to update the City Code, the code revision committee has met and discussed changes to Chapter 3 regarding alarm systems. Discussion The code revision committee and the communications division of the Emergency Management Department have met and as a result of these discussions, the following changes have been recommended: · Sections 3-2 and 3-3 have been revised to reflect the current title of the agency handling alarm systems, which is the Communications Division of the Emergency Management Department the prior code stated only the Emergency Management Department. · Sub-section Section 3-3 has been deleted because the language in this section is no longer applicable since it dealt with issues that occurred more than twenty years ago. · Sections 3-4 and 3-5 have been revised since these code provisions relate to alarm systems to be installed and due to the extensive period of time since 1982, it was felt by the committee that it was unnecessary to make reference to this date. · Section 3-7 has been revised to reflect a more concise statement of the penalty for violating provisions of this chapter of the City Code to reflect that a violation is a misdemeanor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the revisions to the City Code as drafted by city staff. 2. Disapprove or deny the ordinance which would revise the City Code in which event the current provisions of the code would remain in effect. 3. Modify the recommendations of city staff for changing the City Code. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the changes recommended by city staff to Chapter 3 of the City Code. Sample Motion Motion to approve the ordinance revising code sections 3-2, 3-3, 3-4, 3-5 and 3-7 of the Grand Island City Code. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9037 An ordinance to amend Chapter 3 of the Grand Island City Code; to amend Sections 3-2, 3-3, 3-4, 3-5 and 3-7 pertaining to housekeeping issues; to repeal Sections 3-2, 3-3, 3-4, 3-5 and 3-7 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 3-2 of the Grand Island City Code is hereby amended to read as follows: §3-2. Duties of Subscriber and of Vendor (1) Duties of Subscriber. It shall be the responsibility of each subscriber to see that the standards of installation and maintenance set forth in this chapter are adhered to. (2) Duties of Vendor. It shall be the responsibility of any vendor causing installation of or maintaining an alarm system to cause such installation or maintenance to conform to the requirements of the Fire Code and the Electric Code applicable in the City of Grand Island, Nebraska. (3) Duties of Subscriber and Vendor. Each alarm system shall be utilized only for the purposes of summoning the Public Safety personnel for emergency and/or life hazard situations. Without the prior express consent of the Communications Division of the Emergency Management Department, systems shall not be tested so as to transmit a signal to Public Safety personnel when an emergency or life hazard situation does not exist. It shall be the responsibility of each subscriber and also each vendor not to make such tests. SECTION 2. Section 3-3 of the Grand Island City Code is hereby amended to read as follows: §3-3. Standards Required For Alarm Systems (1) Notification. Each subscriber must provide to the City of Grand Island on a form provided by the Communications Division of the Emergency Management Department the name, address, and telephone number of the subscriber and of the vendor, if any, with whom the subscriber has contracted for maintenance of the alarm system. Each subscriber shall also provide the City with the names, addresses, and phone numbers of those persons (not less than two) who can be contacted 24 hours a day and seven days a week to turn off or deactivate an alarm system. It shall be the obligation of the subscriber to keep this information current and correct through supplementary notifications filed from time to time on the same form. (2) Designated Telephone Lines. No person shall use or cause to be used an alarm system or device of any kind that automatically dials or calls any telephone line of the offices of the City of Grand Island or any department or division thereof except such telephone line or lines as may be designed by the Communications Division of the Emergency Management Department of the City for the specific purpose of receiving signals from alarm systems. (3) Automatic Dialing or Calling Devices. Alarm systems that automatically dial or call a telephone line designated by the Communications Division of the Emergency Management Department shall comply with the following requirements: ORDINANCE NO. 9037 (Cont.) - 2 - (A) Total length of the recorded message being transmitted to the Communications Division of the Emergency Management Department (including repetition of message) shall not exceed 30 seconds duration. (B) The recorded message transmitted shall be repeated not less than two nor more than three times. (C) The recorded message being transmitted shall incorporate language specifically identifying the message as a "recording" with the balance of the message identifying by street number and street name the location of the emergency and the nature of the event which caused the alarm system to activate. If the location of the event signaled by the alarm system is in a multi-family building or a multi-unit office or commercial building, the message shall also identify by number and by floor the particular dwelling unit, office unit, or commercial unit in which the event occurred. (D) The recorded message being transmitted to the department shall be appropriate for the purpose for which the alarm system was installed, and the message in its entirety shall be intelligible and spoken in the English language. (E) The City of Grand Island's cost of providing monitoring and telephone lines designated for alarm systems that use automatic dialing or calling devices, including any re-occurring fees charged, shall be paid in advance each year to this City by the subscribers. The fee shall be in accordance with the City of Grand Island Fee Schedule. If payment is not received within thirty days after billing, the system must be disconnected immediately in the manner described in §3-5(3). (4) Digital Alarm Systems. Subscribers to alarm systems that automatically transmit digital data via common telephone line to a receiving unit located at the Communications Center shall pay a digital alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. (5) Supervised (Dedicated line) Alarm Systems. Subscribers that automatically transmit alarm conditions via dedicated telephone line to a receiving unit at the Communications Center shall pay a supervised (dedicated line) alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. (6) Video (Live) Alarm Systems. Subscribers that transmit continuous video to a receiving unit at the Communications Center for the purpose of monitoring a premise shall pay a video (live) alarm system monitoring fee, in advance, in accordance with the City of Grand Island Fee Schedule. (7) Application of Standards to Existing and Future Alarm Systems. (A) Every new system installed after May 10, 1982, shall comply with the above standards. (B) Every alarm system existing before May 10, 1982, shall be placed in compliance with the above standards no later than June 2, 1987. The Emergency Management Department may elect not to respond to any alarm system that is not in compliance within that time period, or may elect to charge each subscriber not in compliance for each response at a rate in accordance with the City of Grand Island Fee Schedule. SECTION 3. Section 3-4 of the Grand Island City Code is hereby amended to read as follows: §3-4. Standards For Future Alarm Systems Systems installed after May 10, 1982, shall comply with the following standards as to installation and maintenance (and, in addition, shall also comply with the standards set forth in §3-3): (1) Alarm systems must incorporate a device that allows an adequate delay before the time at which activation of the system would directly or indirectly signal Public Safety personnel, or signal other parties who in turn might be expected to notify Public Safety personnel. This delay is to permit the subscriber to stop a false alarm from being transmitted. (2) The alarm system shall incorporate a device that limits any exterior signal to a period of time not to exceed fifteen minutes in duration. At the expiration of the maximum time permitted, the alarm system shall automatically cease to emit a signal. ORDINANCE NO. 9037 (Cont.) - 3 - SECTION 4. Section 3-5 of the Grand Island City Code is hereby amended to read as follows: §3-5. Excessive False Alarms If any alarm system produces three false alarms in any twelve consecutive months, written notice of that fact shall be given by certified mail or delivery to the subscriber, or other appropriate party listed in the notification required in §3-3(1) at the addresses listed in the most recent such notification for that alarm system. Thereafter, the Communications Division of the Emergency Management Department shall have the power to require the subscriber to comply with any one or combination of the requirements set forth below as would minimize, such false alarms in the future: (1) The subscriber may be charged a fee in accordance with the City of Grand Island Fee Schedule. Such charges shall continue for each excessive false alarm until six consecutive months have elapsed during which no false alarms have been registered, and must be paid within 15 days after notice thereof is given in the same manner as provided by this section for notice of excessive false alarms. (2) The subscriber may be required to cause the alarm system to comply immediately with the applicable standards referred to in §3-4 (those standards otherwise being imposed only on alarm systems installed after May 10, 1982). (3) The subscriber may be required to disconnect the alarm system immediately in such fashion that signals are not emitted so as to notify Public Safety personnel directly or indirectly through automatic telephone recording devices or to register a signal which is so audible, visible, or in other ways perceptible outside a protected building, structure, or facility as to notify persons in the neighborhood who may in turn notify Public Safety personnel of the signal. SECTION 5. Section 3-7 of the Grand Island City Code is hereby amended to read as follows: §3-7. Penalty Any person in violation of this chapter of the city code shall be deemed to have committed a misdemeanor. (1) Any person in violation of §3-2 shall be deemed to have committed a misdemeanor. (2) Any person who fails to adhere to the standards and otherwise comply with §3-3 or 3-4 shall be deemed to have committed a misdemeanor. (3) Any person who fails to comply with the specific direction of the Department of Communications and Civil Defense director as provided for under §3-3(7)(b) or §3-5 shall be deemed to have committed a misdemeanor. SECTION 6. Sections 3-2, 3-3, 3-4, 3-5 and 3-7 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. ORDINANCE NO. 9037 (Cont.) - 4 - SECTION 8. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #9038 - Consideration of Creating Chapter 37 of the Grand Island City Code Relative to Planning Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: March 28, 2006 Subject: Creating Chapter 37 of the Grand Island City Code Relative to Community Development Item #’s: F-5 Presenter(s): Douglas R. Walker, City Attorney Background As part of the process of revising the City Code, the code revision committee met and discussed reorganizing the City Code. The proposed Chapter 37 of the City Code has been created to consolidate the Planning and Community Development articles into one chapter of their own. Discussion In reviewing Chapter 2 of the City Code, the code revision committee decided that it would be a more logical organization of the articles of the code to put together the Planning and Community Development articles in their own chapter. The primary changes would be as follows: · Chapter 2, Article III on the Planning Commission will be moved to Chapter 37, Article I. · Current code section 2-52 will be removed since this code section as currently drafted does not reflect current practices of the city. · Chapter 37, Article II, Interjurisdictional Planning Commission is a new Article and these code sections have been drafted to implement the requirements of State Statutes for establishing an interjurisdictional planning commission, which has been requested by Merrick County. · Chapter 2, Article IV has been moved to Chapter 37, Article III. · Current code section 2-59 for director appointment has been revised to indicate that the director of the Regional Planning Department shall be managed by and subject to the personnel rules for the City of Grand Island. · The code sections currently in Article XI of Chapter 2 dealing with the Community Redevelopment will be moved to Article IV, Chapter 37 of the City Code. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the revisions to the City Code as drafted by city staff. 2. Disapprove or deny the ordinance which would revise the City Code in which event the current provisions of the code would remain in effect. 3. Modify the recommendations of city staff for changing the City Code. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the changes recommended by city staff to create Chapter 37 of the City Code. Sample Motion Motion to approve the ordinance creating Chapter 37 of the Grand Island City Code. Page 37-1 CHAPTER 37 PLANNING and COMMUNITY DEVELOPMENT Article I. Planning Commission §37-1. Planning Commission; Created; Duties Authority is hereby conferred upon the city council to enter into an interlocal cooperation agreement to create a regional planning commission in joint agreement with the County of Hall and any villages within the County of Hall which may wish to participate; said regional planning commission to have the full authority and responsibility of a city planning commission for the City of Grand Island, Nebraska, as provided for and authorized by state statutes. §37-2. Composition; Appointment of Member The joint planning commission shall include four members who reside in the City of Grand Island and who shall represent, insofar as possible, different professions or occupations in the City, and who shall be appointed by the mayor by and with the approval of a three-fourths vote of the city council. §37-3. Term of Members The term of each appointed city member of the regional planning commission shall be three years, except that one city member of the first regional commission appointed shall serve for a term of one year, one for a term of two years, and two for a term of three years. No member shall be appointed for more than two successive terms. §37-4. Members; Compensation; Other Office All city members of the regional planning commission shall serve as such without compensation and shall hold no other municipal office. §37-5. Removal of Members; Vacancies Any city member of the regional commission may, after a public hearing before the city council, be removed by the mayor by and with the consent of a three-fourths vote of the Council, for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor, by and with the approval of a majority vote of all the members elected to the council. §37-6. Powers and Duties Generally It shall be the function and duty of the regional planning commission to perform those duties as required by state law of city planning commissions or as customary for planning commissions generally in the same manner as if a city planning commission were appointed and acting pursuant to law. §37-7. Operating Funds; Expenditures The city council may provide fifty percent of the funds, equipment, and accommodations necessary for the work of the regional planning commission, said fifty percent, exclusive of gifts, shall be within the amounts appropriated for that purpose by the city council, and no expenditures nor agreements for expenditures shall receive city participation in excess of such amounts appropriated. §37-7. Reserved §37-8. Reserved §37-9. Reserved Grand Island City Code, 2002 Edition Page 37-2 §37-10. Reserved Article II. Inter-Jurisdictional Planning Commission §37-11. Interjurisdictional Planning Commission; Created; Duties An Interjurisdictional Planning Commission is hereby created with Merrick County, Nebraska, pursuant to the requirement of Neb. R.R.S. §19-930, et seq. Said Interjurisdictional Planning Commission shall have the powers, duties, responsibilities and functions of the regional planning commission for the City of Grand Island in the unincorporated area of Merrick County that is within two miles of the corporate boundaries of the City of Grand Island. §37-12. Composition; Appointment of Members The Interjurisdictional Planning Commission shall consist of six members. Three members shall be chosen by the Mayor with the approval of the council from the City's members on the Hall County Regional Planning Commission which acts as the City's planning commission. The remaining three members shall be chosen by the Merrick County Board from members currently serving on the Merrick County Planning Commission. §37-13. Term of Members The term of each appointed member shall be for one year and until their successors are appointed and qualified. The City of Grand Island members of the Interjurisdictional Planning Commission may be reappointed to successive one-year terms during their tenure on the Hall County Regional Planning Commission. §37-14. Interjursidicational Planning Commission; Meetings The Interjurisdictional Planning Commission shall hold regular meetings, at least annually and on other occasions as necessary, to carry out the duties and responsibilities of the commission. A majority of the members must be present to constitute a quorum. §37-15. Members; Compensation All members of the Interjurisdictional Planning Commission shall serve without compensation and without reimbursement for expenses incurred pursuant to fulfilling the requirements of Neb. R.R.S. §19- 930 through §19-933. §37-16. Removal of Members; Vacancies Any city member of the Interjurisdictional Planning Commission may, after a public hearing before the city council, be removed by the mayor by and with the consent of a three-fourths vote of the council, for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of a member's term shall be filled for the remainder of the unexpired term by the mayor, by and with the approval of a majority vote of all the members elected to the council. §37-17. Termination The Interjurisdictional Planning Commission shall continue until such time as the City of Grand Island and Merrick County agree by a majority vote of each governing body to eliminate the Interjurisdictional Planning Commission. Upon termination, jurisdiction shall transfer to the Hall County Regional Planning Commission which is the planning commission for the city. Chapter 37 ? Planning and Community Development Page 37-3 §37-18. Reserved §37-18. Reserved §37-20. Reserved §37-21. Reserved Article III. Community Development Division §37-22. Community Development; Purpose The purpose of this article is to set forth the manner in which the City shall exercise all the power and authority to engage in community development activities granted to the City under the statutes of this state, including but not limited to, the Community Development Law set forth in Neb. Rev. Stat. §18-2101, et. seq. Pursuant to §18-2101.01 of that Act, the City hereby assumes all the power and authority granted to an urban renewal authority under said Act. §37-23. Community Development Division There is hereby created a division of the Regional Planning Department to be known as the Community Development Division, which shall be responsible for the performance of all administrative tasks involved in the implementation of the City's community development projects, programs, policies, and procedures adopted under the provisions of this article. §37-24. Director; Appointment The director of the Regional Planning Department shall act as director of the Community Development Division. The director shall be managed by and be subject to the personnel rules for the City of Grand Island. §37-25. Director; Duties The director of the Regional Planning Department shall be responsible for performing the professional work involved in carrying out the purposes of this article, for directing the work of the Community Development Division, and for coordinating all the City's community development programs and projects. §37-26. Advisory Committee There is hereby created a Community Development Advisory Committee consisting of seven members. Six of the members shall be residents of the city of Grand Island. The seventh member shall be a member of the Grand Island City Council. All members shall serve without compensation. The initially appointed representatives shall consist of two appointed for a three-year term, two appointed for a two-year term, and two appointed for a one-year term. Thereafter, all appointments, other than vacancies, shall be for terms of three years. Appointments to fill vacancies shall be for the remainder of the term of the vacated position. All members shall be appointed by the mayor and confirmed by the city council. Members may be removed without cause by the mayor with the consent of the city council. The advisory committee shall establish such rules and procedures as are necessary to carry out its duties. The Community Development Advisory Committee shall have the following duties: (1) Monitor and investigate all existing and potential Community Development programs and projects. (2) Make recommendations on all existing and potential Community Development programs and projects, procedures, and all other aspects of the City's community development program. Grand Island City Code, 2002 Edition Page 37-4 §37-27. Reserved §37-28. Reserved §37-29. Reserved §37-30. Reserved Article IV. Community Redevelopment Authority §37-31. Community Redevelopment Authority; Creation There is hereby created the Community Redevelopment Authority of the City of Grand Island, Nebraska, pursuant to the provisions of Neb. Rev. Stat. §18-2102.01 (Reissue of 1991). §37-32. Officer Five persons, all of whom shall be residents of the City of Grand Island, shall constitute the Authority. The five members shall be appointed by the Mayor, with the approval of the City Council. The Mayor shall designate the term of office for each member as provided in Neb. Rev. Stat. §18-2102.01 (Reissue of 1991). The Authority shall select one of its members as chairperson and another as vice- chairperson. A total of four members of the Authority shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and recommendations, which records shall be made available for public inspection during regular business hours. §37-33. Director The City Administrator shall designate a person to serve as the Director and Ex Officio Secretary of the Community Redevelopment Authority, and that person shall perform such duties as may be assigned by the Authority, including the necessary administrative functions described in Neb. Rev. Stat. §18- 2102.01 (Reissue of 1991). §37-34. Funds All income, revenue, profits, and other funds received by the Authority shall be deposited with the Treasurer of the City of Grand Island, as Ex Officio Treasurer of such Authority without commingling such money with any other money under the Treasurer's control. The money of the Authority shall be disbursed by the Treasurer by check or draft only upon warrants, orders, or requisitions, specifying the purpose thereof, duly executed by the Chairperson of the Authority, or such other person as may be duly authorized and designated by the Authority of any such activity. §37-35. City Council Liaison The Mayor, with the approval of the City Council, shall appoint one member of the city council to act as a liaison between the City Council and the Community Redevelopment Authority. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9038 An ordinance to establish Chapter 37 of the Grand Island City Code; to move city code articles pertaining to the Planning Commission, the Community Development Division and the Community Redevelopment Division from Chapter 2 of the Grand Island City Code into Chapter 37 of the Grand Island City Code; to add Article II to Chapter 37 of the city code creating an Inter-Jurisdictional Planning Commission; to amend various sections pertaining to housekeeping issues; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, it has been recommended that city code articles contained in Chapter 2 pertaining to the Planning Commission, the Community Development Division and the Community Redevelopment Division be moved into a newly created Chapter 37 of the Grand Island City Code; and WHEREAS, it is further recommended that an Interjurisdictional Planning Commission be created and the parameters of such commission be incorporated into Chapter 37 of the Grand Island City Code; and WHEREAS, it is further recommended that various sections pertaining to the Planning Commission and Community Development Division be amended for housekeeping related matters. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 37 of the Grand Island City Code is hereby established and approved as set forth in Exhibit "A" attached hereto. ORDINANCE NO. 9038 (Cont.) - 2 - SECTION 2. Any ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #9039 - Consideration of Creating Chapter 38 to the Grand Island City Code Relative to Economic Development Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: March 28, 2006 Subject: Creating Chapter 38 of the Grand Island City Code Relative to Economic Development Item #’s: F-6 Presenter(s): Douglas R. Walker, City Attorney Background One of the goals set this year by city administration, the Mayor and City Council, was to make revisions to the Grand Island City Code to update it to reflect current state law, clarify ambiguity, delete obsolete code sections and reorganize the City Code to make it more usable. Discussion The proposed ordinance would reorganize Chapter 2 of the current City Code to move the Economic Development Program in Article IX to a new Chapter 38. This chapter will now have all of the City Code sections relating to the LB840 Economic Development Program for the City of Grand Island. The major points regarding this reorganization are as follows: · All of the code sections currently in Article IX of Chapter 2 will be in Chapter 38. · Proposed Section 38-5 has been revised from the current code section 2-110 to reflect that the Citizens Advisory Review Committee would meet semi-annually rather than quarterly. · Chapter 38 will contain the City of Grand Island Economic Development Program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the revisions to the City Code as drafted by city staff. 2. Disapprove or deny the ordinance which would revise the City Code in which event the current provisions of the code would remain in effect. 3. Modify the recommendations of city staff for changing the City Code. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the changes recommended by city staff to create Chapter 38 of the City Code. Sample Motion Motion to approve the ordinance creating Chapter 38 of the Grand Island City Code. Page 38-1 CHAPTER 38 ECONOMIC DEVELOPMENT PROGRAM §38-1. Economic Development Program Adopted The mayor and city council have by ordinance adopted an economic development program for the City of Grand Island as authorized by the Local Option Municipal Economic Development Act, R.R.S. 1943, §18-2701, et seq. The Economic Development Program of the City of Grand Island is marked as Exhibit "A" attached hereto and incorporated herein by reference. §38-2. Citizen Advisory Review Committee; Creation and Composition There is hereby created in and for the city, a Citizen Advisory Review Committee as authorized by the Municipal Economic Development Act, Neb. Rev. Stat. §18-2715. This Committee shall be composed of seven (7) members who shall be registered voters of the city of Grand Island. Four (4) members shall constitute a quorum. The members shall be appointed by the Mayor subject to the approval of the City Council. Three (3) at-large members will be recommended by the Economic Development Corporation to the Mayor. At least one member of the committee shall have expertise or experience in the field of business, finance or accounting. §38-3. Terms of Citizen Advisory Review Committee Members The term of office for the members shall be for the ten (10) year life of the economic development plan. §38-4. Individuals Ineligible for Membership on the Citizen Advisory Review Committee No member of the citizen advisory review committee shall be an elected or appointed city official, an employee of the city, a participant in a decision-making position regarding expenditures of program funds, or an official or employee of any qualifying business receiving financial assistance under the economic development program or of any financial institution participating directly in the economic development program. §38-5. Citizen Advisory Review Committee Meetings The citizen advisory review committee shall hold regular meetings at least semiannually quarterly in January, April, July and October and on other occasions as necessary to review the functioning and progress of the economic development program and to advise the governing body of the city with regard to the program. Special meetings of the citizen advisory review committee shall be held whenever called by the mayor or chairperson of the committee. At least once in every six-month period after the effective date of the ordinance, the committee shall report to the governing body on its findings and suggestions at a public hearing called for that purpose. §38-6. Citizen Advisory Review Committee Officers The citizen advisory review committee shall elect its chairperson from its members and shall create and fill such other offices as it may determine. The term of the chairperson shall be two (2) years, with eligibility for reelection. §38-7. Citizen Advisory Review Committee Vacancies; Removal Vacancies occurring in the membership of the Citizen Advisory Review Committee, shall be filled by the mayor, by and with the approval of the council for the remainder of the term. Any member of the citizen advisory review committee may be removed from office by the mayor, by and with the approval of the council. Grand Island City Code, 2002 Edition Page 38-2 §38-8. Citizen Advisory Review Committee Administration The City Administrator or his/her designated representative shall be the Program Administrator and shall be responsible for the administration of the Economic Development Program of the City, shall be an ex-officio member of the committee, and shall be responsible for assisting the committee and providing it with necessary information and advice on the economic development program. The City Finance Director will be responsible for providing financial information to the committee and to the auditing firm that does the annual audit. §38-9. Citizen Advisory Review Committee Audit The city shall provide for an annual, outside, independent audit of its economic development program by a qualified private auditing business. The auditing business shall not, at the time of the audit or for any period during the term subject to the audit, have any contractual or business relationship with any qualifying business receiving funds or assistance under the economic development program or any financial institution directly involved with a qualifying business receiving funds or assistance under the economic development program. The results of such audit shall be filed with the city clerk and made available for public review during normal business hours. §38-10. Disclosure of Confidential Information All trade secrets, academic and scientific research work which is in progress and unpublished or other proprietary or commercial information of a qualifying business participating in the Economic Development Program of the city which if released would give advantage to business competitors and serve no public purpose shall be confidential. Members of the citizen advisory review committee, in their capacity as members and consistent with their responsibilities as members, may be permitted access to business information received by the city in the course of its administration of the economic development program, which information would otherwise be confidential under Section 84-712.05 or by agreement with a qualifying business participating in the economic development program. The mayor and city council shall designate by resolution other persons who are authorized to have access to such confidential business information. The unauthorized disclosure of any business information which is confidential under Neb. Rev. Stat. 84-712.05 by any person who knowingly releases such confidential information other than to persons who are authorized to have access to such information in accordance with the provisions of this section shall be guilty of a Class III misdemeanor and upon conviction or being found guilty, shall be subject to a maximum imprisonment of three months in the county jail or a fine of five hundred dollars ($500.00), or both. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9039 An ordinance to establish Chapter 38 of the Grand Island City Code; to move the city code article pertaining to the Economic Development Program from Chapter 2 of the Grand Island City Code into Chapter 38 of the Grand Island City Code; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, it has been recommended that the city code article contained in Chapter 2 of the Grand Island City Code pertaining to the Economic Development Program be moved into a newly created Chapter 38 of the Grand Island City Code. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 38 of the Grand Island City Code is hereby established and approved as set forth in Exhibit "A" attached hereto. SECTION 2. Any ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 9039 (Cont.) - 2 - Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Exhibit "A" 1 CITY OF GRAND ISLAND, NEBRASKA ECONOMIC DEVELOPMENT PROGRAM General Community and Economic Development Strategy In order for Grand Island to continue to grow and prosper, we need to broaden our wealth producing economic base by bringing to our community new employers and helping our existing companies to grow. Unfortunately, communities all across the nation are faced with potential loss of jobs due to mergers, corporate takeovers, and changing economic events. It is becoming increasingly difficult for our community to absorb the loss of this type of employment. Faced with this challenge, it is the intent of the City to save the existing job opportunities within the community and secure future additional jobs for Grand Island’s residents. The formation of an economic development program will provide a mechanism for assisting businesses interested in locating in Grand Island or those interested in expanding their existing businesses. It will take local participation in a financial partnership to develop this new program. Our only means for acquiring the needed funds to carry on an economic development program is through an affirmative vote of the citizens of Grand Island to support this project. Need and Purpose An economic development program is a community tool that encourages and stimulates the growth of quality jobs, attracts permanent investment, broadens the tax base, and diversifies the region’s economic base that will lead to new opportunities and options for all citizens, ultimately improving the quality of life for all taxpayers in Grand Island and the surrounding region. Grand Island’s best chance of long term growth and prosperity will come with increased diversification with an overall goal of increasing per capita and median household incomes throughout Grand Island and Hall County. Taking into consideration the very low unemployment rates that Hall County has experienced in the 1990’s, our focus will be on attracting capital intensive instead of labor intensive businesses – businesses that hire skilled laborers to complement million-dollar production equipment and machinery. In addition, we will be targeting businesses that will provide employment opportunities for those who are underemployed in Hall County and those seeking professional positions. SECTION I. GENERAL COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGY The Nebraska Legislature, in the Local Option Municipal Economic Development Act Neb. Rev. Statutes 18-2701, et seq., has made the following legislative findings: (1) there is a high degree of competition among states and municipalities in our nation in their efforts to provide incentives for businesses to expand or locate in their respective jurisdictions; (2) municipalities in Nebraska are hampered in their efforts to effectively compete because of their inability under Nebraska law to respond quickly to opportunities or to raise sufficient capital from local sources to provide incentives for business location and expansion decisions which are tailored to meet the needs of Exhibit "A" 2 the local community; (3) the ability of a municipality to encourage business location and expansion has a direct impact not only upon the economic well-being of the community and its residents but upon the whole State as well; and (4) there is a need to provide Nebraska municipalities with the opportunity of providing assistance to business enterprises in their communities, whether for expansion of existing operations or creation of new businesses, by the use of funds raised by local taxation when the voters of the municipality determine that it is in the best interests of their community to do so. The City of Grand Island faces stiff competition to recruit businesses to the community and to retain businesses that not only are presently operating in the community but also are considered anchors of the economic vitality of the City. The City, through the Economic Development Corporation, has competed as best it could to bring new business and new well paying jobs to the community, but frankly has less ability to compete by not having available the tools granted by the Local Option Municipal Economic Development Act. The City believes that not having the ability to directly fund economic development activities in the past may have cost jobs and capital investment which otherwise would have been realized. The effect is to hamper growth of the tax base of the City. Only by adoption of an economic development program can the City of Grand Island directly contribute to economic development projects and thereby comp ete successfully for location of manufacturing facilities and other businesses to our community and retain those excellent employers currently within our community. The well paying jobs and talented employees employed in these fields are critical to Grand Island. Those jobs are among the highest paying in the community and they attract the most capable and talented people in the work force. Absent approval of the program by the voters, other communities and states could become more attractive as the potential site for business and industry. Grand Island becomes less competitive. The foregoing is a practical example of the underlying basis for the legislative findings set out in the Local Option Municipal Economic Development Act. The Local Option Municipal Economic Development Act became effective June 3, 1991, and authorizes cities and villages to appropriate and spend local sales tax and property tax revenues for certain economic development purposes. An economic development program formulated by the City to implement this legislation is subject to the vote of the people. The core of the process involves the formulation of a proposed plan for a local economic development program. The program forms the foundation for the expenditure of local tax revenues for economic development. Because the development and utilization of an economic development program is truly a plan for the community, the Economic Development Fund will be administered by a Citizens’ Review Committee appointed by the Mayor and approved by the City Council. The Committee would be comprised of seven members from the community. Three at large members would be recommended for appointment by the Grand Island Area Economic Development Corporation. All members must be registered voters in the city of Grand Island. It is recommended that professionals in the fields of accounting and banking and finance, small business owners, and business professionals be included on the Citizens’ Review Committee. At least one member of the Committee shall have expertise or experience in Exhibit "A" 3 business finance and accounting as a banker or accountant, at least one member of the Committee shall be a business owner. No member shall be an elected or appointed City Official, an employee of the City, an officia l or employee of any qualifying business receiving financial assistance under the Program or an official or employee of any financial institution participating directly in the Program. The City Administrator or designee will serve as Liaison to the Economic Development Corporation. The City has prepared the Program for submission, first to the City Council and, upon Council approval, to the voters of Grand Island. The Legislature of the State of Nebraska has made available through the Act an invaluable tool to recruit new businesses and to retain and expand businesses presently located in a community. The City intends to use this tool to spur further economic development within the City. The City seeks, through the Economic Development Program, to be more competitive or at least as competitive in the economic development area as any other community in this or any other State of comparative size. With voter approval, the provisions of the Program become the basis for funding the economic development program and thereby expanding job opportunities and the tax base in our community. Through voter approval of the Economic Development Program, the City would be in a position to operate a low-interest, performance based revolving loan fund, provide job creation incentives, equity participation, interest buy downs, acquire commercial and industrial sites, promote their development, and bond the costs of economic development pending sufficient general fund revenues. The City proposes that funding from the City’s general fund be dedicated for the economic development program. SECTION II. STATEMENT OF PURPOSE DESCRIBING GENERAL INTENT AND PROPOSED GOALS The general intent and goal of the Grand Island Economic Development Program is to provide well paying jobs to the citizens of Grand Island, Nebraska, by encouraging and assisting local businesses to expand as regards job creation and capital investment and to recruit new qualified businesses which results in creation of jobs and expansion of the tax base. The success of the Program will be measured by the number of jobs created and retained for the length of the Program, the total dollars invested in fixed assets, i.e., buildings, new commercial real estate and business equipment and finally, the growth in total valuation in the City. Each project will be considered on its merits, but priority will be given to jobs created and/or retained at or above average wage and benefits for the community. SECTION III. TYPES OF ECONOMIC ACTIVITIES THAT WILL BE ELIGIB LE FOR ASSISTANCE A. Definition of Program Economic Development shall mean any project or program utilizing funds derived from the City’s General Fund, which funds will be expended primarily for the purpose of providing direct Exhibit "A" 4 or indirect financial assistance to a qualifying non-retail business, the payment of related costs and expenses, and/or through a revolving loan fund. The purpose of the Program is to increase job opportunities and business investment within the community. B. Eligible Activities The Economic Development Program may include, but shall not be limited to, the following activities: 1) A revolving loan fund from which performance based loans will be made to non-retail qualifying businesses on a match basis from the grantee business and based upon job creation and/or retention, said jobs to be above the average wage scale for the community. 2) Public works improvements and/or purchase of fixed assets, including potential land grants or real estate options essential to the location or expansion of a qualifying business or for capital improvements when tied to job creation criteria or when critical to retention of jobs of a major employer within the community, which equity investment may be secured by a Deed of Trust, Promissory Note, UCC filing, personal and/or corporate guarantees or other financial instrument. 3) The provision of technical assistance to businesses, such as preparation of financial packages, survey, engineering, legal, architectural or other similar assistance and payment of relocation or initial location expenses. 4) The authority to issue bonds pursuant to the Act. 5) Grants or agreements for job training. 6) Interest buy down agreements or loan guarantees. 7) Other creative and flexible initiatives to stimulate the economic growth in the Grand Island area (activities which may be funded through the Economic Development Program or General Fund as authorized by Section 13-315 R.R.S.). 8) Commercial/industrial recruitment and promotional activities. 9) Payments for salaries and support of City staff or the contracting of an outside entity to implement any part of the Program. 10) End Destination Tourism Related Activities. 11) Reduction of real estate property taxes for City of Grand Island to stimulate local economy. 12) Development of low to moderate income housing. Exhibit "A" 5 SECTION IV. DESCRIPTION OF TYPES OF BUSINESSES THAT WILL BE ELIGIBLE A. A qualifying business shall mean any corporation, partnership, limited liability company or sole proprietorship that derives its principal source of income from any of the following: 1. The manufacturer of articles of commerce; 2. The conduct of research and development; 3. The processing, storage, transport, or sale of goods or commodities which are sold or traded in interstate commerce as distinguished from goods offered for sale at retail locally; 4. The sale of services in interstate commerce as distinguished from services offered on a local or area basis; 5. Headquarters facilities relating to eligible activities as listed in this section; 6. Telecommunications activities; or 7. End Destination Tourism-Related Activities. B. A qualifying business must be located within the zoning jurisdiction of the city unless a variance is granted for special circumstances. C. Any other business deemed a qualifying business through future action of the Legislature. SECTION V. REVOLVING LOAN FUND A. The amount of funds available for any single project shall not exceed the amount of funds available under the Economic Development Program during the project term, nor shall it provide for more than fifty percent (50%) of total project costs. An applicant must provide participation and evidence of participation through private funding as distinguished from federal, state, or local funding in the minimum amount of fifteen percent (15%) equity investment. The right is reserved to negotiate the terms and conditions of the loan with each applicant, which terms and conditions may differ substantially from applicant to applicant. B. The interest rate shall be negotiated on an individual basis. The term shall not exceed fifteen (15) years for loans used for real estate and building assets and not to exceed seven (7) years for loans involving any other asset category such as furniture, fixtures, equipment or working capital. Security for loans will include, but will not be limited to, Promissory Notes, a Deed of Trust, UCC filings and personal and/or corporate guarantees as appropriate and may be in a subordinate position to the primary commercial or government lender. C. If the loan is approved as performance based, a qualifying business may be approved to recapture on a grant basis a portion of the loan amount to be determined by the Economic Exhibit "A" 6 Development Corporation based upon job creation or retention and economic impact of the project to the community. D. A loan repayment schedule providing for monthly, quarterly or annual payments will be approved in conjunction with project approval. Repayments will be held in a revolving reuse loan fund for future projects as approved. E. The City Administrator or his designee is responsible for auditing and verifying job creation and retention and determines grant credits toward any loans made. No grant credits are available unless pre-approved in the initial application and project approval and no grant credits are available beyond the level initially approved. F. The Revolving Loan Fund and its portfolio of loan funds will be audited annually by a selected firm of certified public accountants. The audits will be funded by the Economic Development Fund and the findings will be presented to the Citizens’ Review Committee. G. The City Administrator or his/her designee will be the Program Administrator. The Finance Director will be responsible for the financial and auditing portions of the plan. SECTION VI. SOURCE OF FUNDING The Program will be funded from local sources of revenue, including property taxes and/or sales taxes, contained in the City’s general fund. The City shall not appropriate from these funds for approved Economic Programs, in any year during which such programs are in existence, an amount in excess of four-tenths of one percent of actual valuation of the City of Grand Island in the year in which the funds are collected, and further, will be subject to the limitation that no city of the First Class shall appropriate more than two million dollars in any one year. The City of Grand Island shall appropriate $750,000 annually for the Economic Development Program. The restrictions on the appropriation of funds from local sources of revenue shall not apply to the re- appropriation of funds that were appropriated but not expended during the previous fiscal years. If, after five full budget years following initiation of the approved Economic Development Program, less than fifty percent of the money collected from local sources of revenue is spent or committed by contract for the Economic Development Program, the governing body of the City shall place the question of the continuation of the City’s Economic Development Program on the ballot at the next regular election. A. Time Period for Collection of Funds Annual funding for the program, $750,000 per year, will come from the City’s General Fund. These funds will be allocated commencing with the FY 2003-2004 budget year, beginning October 1, 2003 and will continue for 10 years. Exhibit "A" 7 B. Time Period for Existence of the Program The Economic Development Program will be in effect beginning October 1, 2003 and will continue for 10 years. C. Proposed Total Collections from Local Sources Fiscal Year Estimated Collections 2003-2004 $750,000 (General Fund revenues) Every year for 9 years thereafter $750,000 (General Fund revenues) The total amount of City General Fund revenues to be committed to the Economic Development Fund Program for 10 years is $7,500,000. D. Basic Preliminary Proposed Budget It is anticipated that the proposed annual total budget of $750,000 will be allocated to the Economic Development Fund. Any funds not expended in the revolving loan category will be used to fund the other eligible activities as set out in Section III above. SECTION VII. APPLICATION PROCESS FOR FINANCIAL ASSISTANCE TO BUSINESSES A. Application Process and Selection of Participants: Businesses seeking assistance will be required to: 1. Complete an application which may be obtained from the Grand Island Area Economic Development Corporation or the City of Grand Island. 2. Submit the completed application together with all information as set out below to the Grand Island Area Economic Development Corporation or the City of Grand Island. Following review by the Economic Development Corporation Executive Board and Citizens’ Advisory Review Committee, an overview of the proposed application for assistance will be forwarded by the Citizens’ Advisory Review Committee to the Mayor and City Council. The overview shall contain sufficient information in order for the elected officials to make an informed decision yet maintain confidentiality of information that, if released, could cause harm to such business or give unfair advantage to competitors. The City Council will approve or deny the application. 3. The Program Administrator will coordinate with the Economic Development President to notify any applicant whose application is not approved. Such applicant may request in writing that the application, with the recommendation not to approve, be forwarded to the City Council for re-consideration. Exhibit "A" 8 B. Information Required: The qualifying business shall provide the following information before any application is considered by the Economic Development Executive Board and the Citizens’ Advisory Review Committee: Sole Proprietorship: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) 4). Current Year to Date Profit and Loss Statement 5). Recent Balance Sheet (signed) 6). Other information as requested “S” Corporation: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns, if ove r 25% ownership (signed) 4). Two years complete Corporate Tax Returns (signed) 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested “C” Corporation: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed), if over 25% ownership 4). Two years complete Corporate Tax Returns (signed) 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested General Partnership: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns, if over 25% partnership (signed) 4). Two years complete Partnership Tax Returns (signed) and K-1s for all partners 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested Exhibit "A" 9 Limited Partnerships: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) and K-1s for all partners 4). Complete copy of Partnership Agreement for Partnership 5). Other information as requested Limited Liability Companies: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) 4). Two years complete Entity Tax Returns (signed) and K-1s for all partners 5). Current Year to Date Profit and Loss Statement 6). Recent Balance Sheet (signed) 7). Other information as requested C. Verification Process: 1). Credit check 2). Dun and Bradstreet Credit Report 3). Examine information required 4). Examine internal records 5). Obtain oral and written verification of application information 6). Other investigations as may be deemed necessary SECTION VIII. PROCESS TO ENSURE CONFIDENTIALITY OF BUSINESS INFORMATION RECEIVED In the process of gathering information about a qualifying business, the Economic Development Corporation and City may receive information about the business that is confidential and, if released, could cause harm to such business or give unfair advantage to competitors. The Economic Development Corporation and City shall endeavor to maintain the confidentiality of business records that come into its possession. To protect businesses applying for assistance and to encourage them to make full and frank disclosure of business information relevant to their application, the Economic Development Corporation and City will take the following steps to ensure confidentiality of the information it receives: 1) The adoption of a City ordinance that makes such information confidential and punishes disclosure. Exhibit "A" 10 2) A restriction of the number of people with access to the files which files will be maintained in the Economic Development Corporation Office, who shall be primarily responsible for their safekeeping and any distribution of information contained the rein, and 3) Require personnel involved in the Program Review, including Economic Development President, secretarial staff assisting the President, Citizens’ Advisory Committee, and City staff, to sign statements of confidentiality regarding all personal and private submittals by qualified businesses. SECTION IX. ADMINISTRATION SYSTEM FOR ECONOMIC DEVELOPMENT PROGRAM A. Program Administration 1). The Program Administrator will serve as ex-officio member of the Citizens’ Advisory Review Committee hereinafter established, which Committee will hold regular meetings to review the functioning and process of the Economic Development Program and advise the governing body of the City with regard to the Program. 2). The Program Administrator, in cooperation with the Economic Development President, will review on a regular basis the progress of ongoing projects to ensure the qualifying businesses are complying with the terms of any approved project. 3). The Economic Development President and the Program Administrator will advise the Mayor and City Council as regards the status of ongoing projects in the Economic Development Program. 4). A 3% fee will be retained by the City of Grand Island for program administration. The 3% fee will be retained in the City’s general fund. SECTION X. PROCESS TO ASSURE LAWS, REGULATIONS AND REQUIREMENTS ARE MET BY THE CITY AND QUALIFYING BUSINESSES The City will assure that all applicable laws, regulations, and requirements are met by the City and the qualifying businesses that will receive assistance as follows: A. Program Review The Ordinance establishing the Program shall provide for the creation of a Citizens’ Advisory Committee to: 1). Review the functioning and progress of the Economic Development Program at regular meetings as set forth by ordinance and to advise the governing body of the City with regard to the Program, and Exhibit "A" 11 2). Report to the City Council on its findings and suggestions at a public hearing called for that purpose at least once in every six-month period after the effective date of the ordinance. B. Monitor Participating Businesses The Program Administrator in cooperation with the Economic Development President or appointed contract loan administrator will conduct reviews on a regular basis to ensure that qualifying businesses are following the appropriate laws and regulations and meeting the terms and conditions of assistance. C. Monitor Regulatory Changes The City Attorney will be responsible for keeping the City informed of relevant changes in the law that could affect the Economic Development Program and will review Agreements, Deeds, Leases, Deeds of Trust, Promissory notes, security documents, personal and/or corporate guarantees and other documents relating to specific projects or to the Program as a whole. D. The City shall provide for an annual, outside, independent audit of it’s Economic Development Program by a qualified private auditing business. SECTION XI. PURCHASE OF REAL ESTATE OR OPTION TO PURCHASE If and when real estate is to be purchased or optioned by the City under the Program, it should meet the following general criteria: 1). Be properly zoned with no excessive easements, covenants, or other encumbrances, and 2). Should conform and be able to be re-zoned to comply with the City’s or County’s Comprehensive Plan. 3). Can be located either within or outside of the City limits. The proceeds from the future sale of such land would be returned to the Economic Development Program Fund for reuse for any activities eligible in the Program or for additional land purchases. SECTION XII. INVESTMENT OF ECONOMIC DEVELOPMENT FUND The City will establish a separate Economic Development Program Fund. All funds derived from local sources of revenue for the Economic Development Program, any earnings from the investment of such funds, any loan payments, any proceeds from the sale by the City of assets purchased by the City under its Economic Development Program, or other money received by the City by reason of the Economic Development Program shall be deposited into the Economic Exhibit "A" 12 Development Fund. No money in the Economic Development Program Fund shall be deposited in the General Fund of the City except as provided by statute. A 3% administrative fee will be retained by the City for program administration. This fee will be retained in the General Fund. The City shall not transfer or remove funds from the Economic Development Fund other than for the purposes prescribed in the Act and this Program, and the money in the Economic Development Fund shall not be co-mingled with any other City funds. Any money in the Economic Development Fund not currently required or committed for the purposes of Economic Development shall be invested as provided in Section 77-2341 R.R.S. Nebraska. In the event the Economic Development Program is terminated, any funds remaining will be transferred as provided by statute to the General Fund of the City and will be used on an installment basis to reduce the property tax levy of the City as provided by the Act. Adopted by Ordinance No. 8830 on July 22, 2003 Amended by Ordinance No. 8832 on August 12, 2003 Item F7 #9040 - Consideration of Amendments to Chapter 22 of the City Code Relative to Truck Routes Tuesday, March 28, 2006 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: March 28, 2006 Subject: Consideration of Amendments to Chapter 22 of the Grand Island City Code Relative to Truck Routes Item #’s: F-7 & G-20 Presenter(s): Steven P. Riehle, Public Works Director Background Section 22-76 of the City Code currently lists all of the designated truck routes. Administration is proposing that the code be revised to allow the designation of truck routes be approved by Resolution. Discussion The Engineering Division of the Public Works Department recommends the following changes to the designated truck routes: Annexation Related Additions - Sections of Shady Bend Road between Bismark Road and Airport Road - Abbott Road East and West of the airport - Sky Park Road from Capital Avenue to White Cloud Road - Airport Road East and West of the Airport - White Cloud Road East of Sky Park Road - Husker HWY East and West of US HWY 281 - Wildwood Drive East and West of US HWY 281 - Capital Avenue East of Sky Park Road - Schimmer Drive East and West of US HWY 281 - Bismark Road across the Burlington Northern Santa Fe Railroad Right-of-Way between Stuhr Road and Shady Bend Road Other Additions - North Road between Husker HWY and Stolley Park Road - Blaine Street/Custer Avenue between 2nd Street and Old Lincoln HWY - Old Lincoln HWY between Carey Avenue and Broadwell Avenue Deletions from the Truck Route - Capital Avenue between North Road and US HWY 281 - Garfield Street between 3rd Street and Carey Avenue Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve an Ordinance making changes to Chapter 22 of the City Code to allow designation of truck routes by resolution and pass a resolution approving the designated truck routes. 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 an ordinance to allow the designation of truck routes by a resolution and pass a resolution approving the designated truck routes. Sample Motion (Sample Motion for Ordinance) Move to approve an ordinance allowing the designation of truck routes by a resolution. (Sample Motion for Resolution) Move to approve the designated truck routes. 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Highway 281 SJohn St W Gree nwich St SBrah ma St2nd Rd15th St E Vine St STaylor AveMonitor Rd S15th St W Jefferso n St SGrand Island Truck Routes Public Works Department Plot Date 03-23-2006Truck Routes Streets City Limits Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney ORDINANCE NO. 9040 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Section 22-76 pertaining to designated truck routes; to repeal Section 22-76 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 22-76 of the Grand Island City Code is hereby amended to read as follows: §22-76. Truck Routes Designated The city council may, by resolution, designate truck routes along which trucks may travel within the City in accordance with §22-72 through §22-76.1 of this code. Adams Street between Stolley Park Road and Anna Street; Airport Avenue between Capital Avenue and Fourth Street; Anna Street between Broadwell Avenue and South Locust Street; Bismark Road between South Locust Street and easterly City Limits; Blaine Street between U.S. Highway No. 34 and Stolley Park Road; Blaine Street between Second Street and Third Street; Broadwell Avenue between Anna Street and north City Limits; Capital Avenue between North Road and Sky Park Road; Eddy Street between Oklahoma Street and State Street; Elm Street between Second Street and Fourth Street; Engleman Road between north city limits and south city limits; First Street between Greenwich Street and Vine Street; Garfield Avenue between Carey Avenue and Third Street; Greenwich Street between First Street and Second Street; Fonner Park Road between Adams Street and Stuhr Road; Fourth Street between Eddy Street and Airport Avenue; Lincoln Avenue between Second Street and North Front Street; Nebraska Highway 2 between Northwest Avenue and Highway 281; North Front Street between Broadwell Avenue and Elm Street; Oak Street between Fourth Street and South Front Street; Oklahoma Avenue between Adams Street and South Locust Street; Old Highway No. 30 inside City Limits; Old Neb. Highway 2 between U.S. Highway 281 and Broadwell Avenue; Old Potash Highway between east City Limits and Carey Avenue; St. Paul Road between Fourth Street and Capital Avenue; Second Street between Webb Road and Shady Bend Road; Shady Bend Road from one-quarter mile south of Seedling Mile Road to the Union Pacific Railroad north of U.S. Highway 30; South Front Street between Oak and Vine Streets; South Locust Street between Walnut Street and south City Limits; ORDINANCE NO. 9040 (Cont.) - 2 - Stolley Park Road between west City Limits and east City Limits; Stuhr Road between Seedling Mile Road and south City Limits; Sycamore Street between First Street and Fourth Street; Third Street between Broadwell and Blaine Street; U.S. Highway 30 between west City Limits and Second Street; U.S. Highway 34 between one-half mile West of South Locust Street and one-quarter mile east of South Locust Street; U.S. Highway 281 between south City Limits and north City Limits; Vine Street between South Front Street and First Street; Walnut Street between Second Street and South Locust Street; Webb Road between the south City Limits and the north City Limits. SECTION 2. Section 22-76 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 28, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of March 7, 2006 Joint City/County Special Meeting Tuesday, March 28, 2006 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 JOINT CITY/COUNTY SPECIAL MEETING March 7, 2006 Pursuant to due call and notice thereof, a Special Joint Meeting of the City Council of the City of Grand Island, Nebraska and the Hall County Board of Supervisors was conducted in the Council Chambers of City Hall, 100 East First Street, on March 3, 2006. Notice of the meeting was given in The Grand Island Independent on March 1, 2006. Mayor Jay Vavricek called the meeting to order at 5:35 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Corneilus, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. The following Hall County Supervisor’s were present: Bud Jeffries, Jim Eriksen, Bob Rye, Scott Arnold, Bob Humiston, Pam Lancaster and County Clerk Marla Conley. INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF ALLEGIANCE. PUBLIC SAFETY FACILITY REVIEW : City Attorney Doug Walker reviewed the Interlocal Agreement between the City and County. This would be a perpetual agreement between the City of Grand Island and Hall County for the purpose of a joint law enforcement facility. The City would construct and own the building on ground donated by Hall County. Maintenance and operational expenses would be divided with the City paying 70% and the County paying 30%. A Law Enforcement Co-Location Committee was mentioned which would consist of six (6) members, one from the Hall County Board of Supervisors, one from the City Council of Grand Island, the Hall County Sheriff, the Grand Island Chief of Police, one citizen at large to be appointed by the Mayor and one citizen at large appointed by the Chairman of the Hall County Board of Supervisors. Discussion was held with regards to annual renovation and replacement reserve fee which would be paid by the City and County at $25,000 annually, not to exceed $500,000. It was the consensus of both boards to delay the payment until October 1, 2007 instead of October 1, 2006. Steve Riehle, Public Works Director reported on the shared infrastructure cost for the law enforcement facility and the new jail. The design of the road, storm sewer, water and sewer for the entire site was presented along with costs. The driveway would be 8” Portland Cement Concrete curb and gutter driveway 37’ wide. Gary Greer, City Administrator stated that this Interlocal Agreement would be brought forth to the City Council at their March 28, 2006 Regular Meeting. Page 2, Joint City/County Special Meeting, March 7, 2006 Mayor Vavricek and Supervisor Pam Lancaster commented on the joint cooperation between the City and County. Pam Lancaster commented on the new jail design with a projected ground breaking around July 1, 2006. ADJOURNMENT: The meeting was adjourned at 6:05 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of March 7, 2006 Regular Meeting Tuesday, March 28, 2006 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 March 7, 2006 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 March 7, 2006. Notice of the meeting was given in The Grand Island Independent on March 1, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Evangelist Gary Bennett, Stolley Park Church of Christ, 2822 West Stolley Park Road followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Patient Safety Awareness Week” March 5-11, 2006. Mayor Vavricek has proclaimed the week of March 5-11, 2006 as “Patient Safety Awareness Week”. Dr. Horn, Betty Pfeiffer, and Sandy Milton were present to receive the proclamation. Recognition of State Wrestling Winners: Mayor Vavricek and the City Council recognized the following students and coaches for their wins at State Wrestling Meet: Grand Island Senior High: Class “A: Coach Mike Schadwinkel Brandon Hudiburg – State Champion Isaiah Aguilar – 6th Place Grand Island Northwest: Class “B” Coach Brian Sybrandts Brett Mills – 4th Place Hadley Cooksley – 5th Place Grand Island Northwest Coach Brian Sybrandts, Grand Island Central Catholic Coach Matt Coufal and Justin Kelly were not present. Recognition of Class “A” Bowling Team 3rd Place Winners at State: Mayor Vavricek and the City Council recognized the following girls and their coach for their 3rd Place Win at State: Page 2, City Council Regular Meeting, March 7, 2006 Amy Glover. Candi Glover, Kristen Ruzicka, and Jeanna Bruener were present to receive their certificates. Coach Justin Price, Kayla Johnson, and Kayla Brixius were not present. Presentation by Shonesy Associates for FY 2005 City Single Audit and General Purpose Financial Statements. David Springer, Finance Director introduced Terry Galloway representing Shonsey & Associates who reviewed the FY 2005 City Single Audit and General Purpose Financial Statements. The financial audit received an unqualified rating which was the highest rating possible. Presentation by BKD, LLP Relative to Fiscal Year 2005 Electric and Water Audit Reports. David Springer, Finance Director introduced Roger Watton from BKD, LLP to give the audit reports. Mr. Watton stated that these were unqualified opinions and there were no weaknesses with the internal control. Mentioned was the concern of a low cash balance. MAYOR COMMUNICATION: Mayor Vavricek introduced Knickerhm Elementary 5th Grade Teacher Diane Meyer and Nekia Samway who read her “Reasons to Live in Grand Island” paper. PUBLIC HEARINGS: Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2707, 806 N. Eddy Street for a Class “D” Liquor License. RaNae Edwards, City Clerk reported that Casey’s Retail Company dba Casey’s General Store #2707, 860 N. Eddy Street had submitted an application with the City Clerk’s Office for a Class “D” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 3, 2006; notice to the applicant of date, time, and place of hearing mailed on February 3, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2727, 1219 West 2nd Street for a Class “B” Liquor License. RaNae Edwards, City Clerk reported that Casey’s Retail Company dba Casey’s General Store #2727, 1219 West 2nd Street had submitted an application with the City Clerk’s Office for a Class “B” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 8, 2006; notice to the applicant of date, time, and place of hearing mailed on February 8, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2732, 4150 West U.S., Highway 30 for a Class “B” Liquor License. RaNae Edwards, City Clerk reported that Casey’s Retail Company dba Casey’s General Store #2732, 4150 West U.S. Highway 30 had submitted an application with the City Clerk’s Office for a Class “B” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 13, 2006; notice to the applicant of date, time, and place of hearing mailed on February 13, 2006; notice to the general public of Page 3, City Council Regular Meeting, March 7, 2006 date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2737, 1814 N. Eddy Street for a Class “D” Liquor License. RaNae Edwards, City Clerk reported that Casey’s Retail Company dba Casey’s General Store #2737, 1814 N. Eddy Street had submitted an application with the City Clerk’s Office for a Class “D” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 13, 2006; notice to the applicant of date, time, and place of hearing mailed on February 13, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request of Casey’s Retail Company dba Casey’s General Store #2742, 2223 South Locust Street for a Class “B” Liquor License. RaNae Edwards, City Clerk reported that Casey’s Retail Company dba Casey’s General Store #2742, 2223 South Locust Street had submitted an application with the City Clerk’s Office for a Class “B” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 13, 2006; notice to the applicant of date, time, and place of hearing mailed on February 13, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that Perez, Inc. dba Tucanaso, 410 East 4th Street had submitted an application with the City Clerk’s Office for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 15, 2006; notice to the applicant of date, time, and place of hearing mailed on February 16, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended denial or approval with stipulations. John Cunningham, Attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue had submitted an application with the City Clerk’s Office for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 17, 2006; notice to the applicant of date, time, and place of hearing mailed on February 17, 2006; notice to the general public of date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended denial or approval with stipulations. Sarah Tjaden, 3720 State Street, Apt. J9 spoke in support and submitted a statement regarding agreeable stipulations for the liquor license. No further public testimony was heard. Page 4, City Council Regular Meeting, March 7, 2006 Public Hearing on Redevelopment Plan for Blight and Substandard Area #5 for Ann’s Pet Salon to be Located at 1303 Geddes Street. Chad Nabity, Regional Planning Director reported that Anne Bruns dba Ann’s Pet Salon, 1303 Geddes Street had applied for tax increment financing for the development of and expansion of a pet grooming business and kennel operation on Lot 2 of Bruns Subdivision. The Community Redevelopment Authority and Regional Planning Commission have approved this request. No public testimony was heard. Public Haring on Change of Zoning for Land Proposed for Platting as Copper Creek Subdivision Located South of Old Potash Highway and East of Engleman Road from TA Transitional Agricultural to R2 Low Density Residential. Chad Nabity, Regional Planning Director reported that rezoning was required for property proposed for platting as Copper Creek Subdivision located south of Old Potash Highway and East of Engleman Road from TA Transitional Agricultural to R2 Low Density Residential. This would allow the developers of the Copper Creek Estates Subdivision to develop this land. Tim Jonak, St. Paul, Nebraska spoke about concerns regarding water drainage. No further public testimony was heard. Public Hearing on Re-Adopting the City of Grand Island Official Zoning Map. Chad Nabity, Regional Planning Director reported that by re-adopting the City of Grand Island Official Zoning Map, it would incorporate all changes since August 1, 2004 as produced using the Hall County Geographic Information System. No public testimony was heard. ORDINANCES: Chad Nabity, Regional Planning Director reported Ordinance #9026 related to the Public Hearing held on January 24, 2006 and was the final of three readings for annexation of Copper Creek Subdivision. Presented was a video of the area after the May 11, 2005 flooding. #9026 – Consideration of Annexation of Property Located South of Old Potash Highway and East of Engleman Road. (Final Reading) Steve Riehle, Public Works Director commented on the drainage. Motion by Pielstick, second by Cornelius to approve Ordinance #9026 on final reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9033 - Consideration of Change of Zoning for Land Proposed for Platting as Copper Creek Subdivision Located South of Old Potash Highway and East of Engleman Road from TA Transitional Agricultural to R2 Low Density Residential #9034 – Consideration of Amendments to Chapter 18 of the City Code Relative to Examining Board, Membership, and Duties be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final Page 5, City Council Regular Meeting, March 7, 2006 passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Motion by Pielstick, second by Whitesides to approve Ordinances #9033 and #9034. City Clerk: Ordinances #9033 and #9034 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9033 and #9034 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9033 and #9034 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-4, G-17, and G-18 were pulled for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Document – Resolution from Merrick County Board Requesting Creation of Inter-Jurisdictional Planning Commission. Approving Minutes of February 28, 2006 City Council Regular Meeting. Approving Request of Charles Scott Pinkham, 603 N. Tower, Minden, Nebraska for Liquor Manager Designation for the following Casey’s General Stores: #2707, 806 N. Eddy Street; #2727, 1219 West 2nd Street; #2732, 4150 West U.S. Highway 30; #2737, 1814 N. Eddy Street; and #2742, 2223 South Locust Street with the stipulation of completing a state approved alcohol server/seller training program. #2006-65 – Approving Final Plat and Subdivision Agreement for Copper Creek Subdivision. It was noted that Copper Creek Estates, L.L.C. owners had submitted the final plat for Copper Creek Subdivision for the purpose of creating 97 lots on a parcel of land in the NW 1/4 of Section 23-11-10 consisting of approximately 25.993 acres. #2006-66 – Approving Redevelopment Plan for Blight and Substandard Area #5 for Ann’s Pet Salon to be Located at 1303 Geddes Street. #2006-67 – Approving Re-Adopting the City of Grand Island Official Zoning Map. #2006-68 – Approving Designating US Filter/Zimpro Products of Irondale, Alabama as the Sole Source Provider for the Zimpro 84” Spiral Lift Screw Pump Parts in the Amount of $21,672.89. Page 6, City Council Regular Meeting, March 7, 2006 #2006-69 – Approving Change Order No. 1 to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for the South Locust Street Bridges; Northbound Lanes North of I-80 for an Increase of $18,677.00 and a Revised Contract Amount of $1,197,832.59. #2006-70 – Approving Bid Award for Street Improvement District No. 1257; Shanna Street in Western Heights 4th Subdivision with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $104,273.72. #2006-71 – Approving Certificate of Final Completion for CXT Transmission Line Work Contract 05-PCC_01 with Dominion Construction Company of Scottsbluff, Nebraska. #2006-72 – Approving Confidentiality Agreement with Nebraska Public Power District. #2006-73 – Approving Bid Award for Water Main District No. 452, Lake Street, Knott Avenue and Tri Street with The Diamond Engineering Company of Grand Island, Nebraska for an Amount of $61,786.84. #2006-74 – Approving Certificate of Final Completion for Water Main District No. 449T – North Road and Faidley Avenue with Starostka Group Unlimited, Inc. of Grand Island, Nebraska and Setting April 11, 2006 for Board of Equalization Date. #2006-75 – Approving Fiscal and Investment Policies for the City of Grand Island. #2006-76 – Approving Business Continuity and Recovery Services Agreement with IBM of Suffern, New York for Three Years. #2006-79 – Approving Bid Award for Digital Voice Logging Recorder with Midland Telecom, Inc. of Grand Island, Nebraska in an Amount of $26,995.00. #2006-87 – Approving Termination of SWAT Interlocal Agreement with Hall County. #2006-88 – Approving the State Bid Contract 10628(OC)REN(13) for System Furnishings with Surroundings, LLC of Lincoln, Nebraska. Mayor Vavricek read a statement recusing himself from participating in discussions of Resolutions #2006-77 and #2006-78 due to a possible conflict of interest. The meeting was then turned over to Council President Hornady. #2006-77 – Approving Interlocal Agreement with Kearney, Nebraska for Cable Consultant Services. Motion by Whitesides, second by Nickerson to approve Resolution #2006-77. Upon roll call vote all voted aye. Councilmember Haase abstained. Motion adopted. #2006-78 – Approving Contract for Cable Consultant Services with Moss & Barnett of Minneapolis, Minnesota in an Amount of $87,500.00. Motion by Whitesides, second by Nickerson to approve Resolution #2006-77. Upon roll call vote all voted aye. Councilmember Haase abstained. Motion adopted. Page 7, City Council Regular Meeting, March 7, 2006 RESOLUTIONS: #2006-80 – Approving Request of Casey’s Retail Company dba Casey’s General Store #2707, 806 N. Eddy Street for a Class “D” Liquor License. #2006-81 – Approving Request of Casey’s Retail Company dba Casey’s General Store #2727, 1219 West 2nd Street for a Class “B” Liquor License. #2006-82 – Approving Request of Casey’s Retail Company dba Casey’s General Store #2732, 4150 West U.S. Highway 30 for a Class “B” Liquor License. #2006-83 – Approving Request of Casey’s Retail Company dba Casey’s General Store #2737, 1814 N. Eddy Street for a Class “D” Liquor License. #2006-84 – Approving Request of Casey’s Retail Company dba Casey’s General Store #2742, 2223 South Locust Street for a Class “B” Liquor License. Motion by Meyer, second by Pielstick to approve Resolutions #2006-80, #2006-81, #2006-82, #2006-83, and #2006-84 with the stipulation that the manager will complete a manager training. #2006-85 – Approving Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class “C” Liquor License. Discussion was held regarding the hidden ownership of Anastacio Jacobo, spouse of the applicant. Motion by Hornady, second by Whitesides to deny Resolution #2006-85. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and Haase voted aye. Councilmember’s Nickerson and Walker voted no. Motion adopted. #2006-86 – Approving Request of Sarah R. Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue for a Class “C” Liquor License. Discussion was held regarding the hidden ownership of Jeff Leo. State Patrol Investigator Lorri Ro gers spoke about concerns during the background investigation. Mentioned was the fact that Jeff Leo was denied a liquor license for Bud’s Roadhouse by the Nebraska Liquor Control Commission on January 19, 2006 and on January 20, 2006 as Assignment of Lease was signed to Sarah Tjaden. Motion by Hornady, second by Gilbert to deny Resolution #2006-86. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, and Haase voted aye. Councilmember’s Nickerson, Cornelius, and Walker voted no. Motion adopted. Approving Request of Silvia Perez Cevantes, 411 East 4th Street, Apt. 1 for Liquor Manager Designation for Tucanaso, 410 East 4th Street contingent upon the liquor license approval for Tucanaso and the stipulation that Ms. Perez Cevantes completes a state approved alcohol server/seller training program. Page 8, City Council Regular Meeting, March 7, 2006 Motion by Pielstick, second by Whitesides to deny the request of Silvia Perez Cevantes for Liquor Manager designation for Tucanaso. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Haase voted aye. Councilmember Walker voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of February 29, 2006 through March 7, 2006, for a total amount of $1,048,152.35. Motion adopted unanimously. (It was noted after the meeting an error was found making the total $1,048,181.39.) Motion by Corneilus, second by Haase to approve the following Claim for the Library Expansion for the period of February 29, 2006 through March 7, 2006: #21 $92,844.07 #22 $504.00 Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. RaNae Edwards City Clerk Item G3 Approving Request of Sage Rath, 3111 College Street, Apt. #23 for Liquor Manager Designation for Whiskey Creek, 1016 Diers Avenue Tuesday, March 28, 2006 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: March 28, 2006 Subject: Request of Sage Rath, 3111 College Street, Apt. #23 for Liquor Manager Designation for Whiskey Creek, 1016 Diers Avenue Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Sage Rath, 3111 College Street, Apt. #23 has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “I-39333” Liquor License for Whiskey Creek, 1016 Diers Avenue. This application ha s 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 Sage Rath, 3111 College Street, Apt. #23 for Liquor Manager Designation in conjunction with the Class “I-39333” Liquor License for Whiskey Creek, 1016 Diers Avenue with the stipulation that Mr. Rath complete a state approved alcohol server/seller training program. Item G4 Approving Request of WILE E. Investment Properties, LLC for Conditional Use Permit for Temporary Use of a Home as a Veterinary Clinic during Construction of a New Veterinary Clinic Located at 210 East Stolley Park Road This item relates to the aforementioned Public Hearing Item E-2. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 Approving Preliminary Plat for Ewoldt Subdivision Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 28, 2006 Subject: Ewoldt Subdivision - Preliminary Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 10 lots and 3 outlots on a parcel of land located in the NE ¼ 36-11-10. This land consists of approximately 96.32 acres. Discussion The developers have requested that the zoning on this property be changed from TA- Transitional Agriculture to CD-Commercial Development. As part of the CD zone they are submitting preliminary and final plats for approval. The approval of the final plat and subdivision agreement will constitute the Development Plan for this property as required by the CD zoning district. If the change to zoning is approved the preliminary and final plats should also be approved. The developers are proposing 10 lots adjacent to Husker Highway and U.S. Highway 281. They are also proposing 3 outlots. Outlot A is reserved for future development. The developers will ask for approval of an amended development plan and plat for Outlot A as some future date. Outlots B and C are reserved for drainage and will be used to accommodate storm waters. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the preliminary plat as presented 2. Modify the preliminary plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Hayes to approve the preliminary plat as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Hayes) voting in favor. Sample Motion Approve the Preliminary Plat for Ewoldt Subdivision as presented. Item G6 #2006-89 - Approving Final Plat and Subdivision Agreement for Ewoldt Subdivision Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 28, 2006 Subject: Ewoldt Subdivision - Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 10 lots and 3 outlots on a parcel of land located in the NE ¼ 36-11-10. This land consists of approximately 96.32 acres. Discussion The developers have requested that the zoning on this property be changed from TA- Transitional Agriculture to CD-Commercial Development. As part of the CD zone they are submitting preliminary and final plats for approval. The approval of the final plat and subdivision agreement will constitute the Development Plan for this property as required by the CD zoning district. If the change to zoning is approved the preliminary and final plats should also be approved. The developers are proposing 10 lots adjacent to Husker Highway and U.S. Highway 281. They are also proposing 3 outlots. Outlot A is reserved for future development. The developers will ask for approval of an amended development plan and plat for Outlot A as some future date. Outlots B and C are reserved for drainage and will be used to accommodate storm waters. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Hayes to approve the preliminary plat as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Hayes) voting in favor. Sample Motion Approve the Final Plat for Ewoldt Subdivision as presented. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-89 WHEREAS, Husker Retail Development, L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of land consisting of part of the Northeast Quarter (NE1/4) of Section 36, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, under the name of EWOLDT SUBDIVISION, and has caused a plat thereof to be acknowledged by it as an addition to the City of Grand Island; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of EWOLDT SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-90 - Approving Designating No Parking Along the East Side of Exchange Street Tuesday, March 28, 2006 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: March 28, 2006 Subject: Consideration of Designating No Parking Along the East Side of Exchange Street Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required to designate No Parking on any public streets. Discussion The Public Works Department and the Grand Island Police Department have monitored the parking situation along Exchange Street. It is evident that when cars park along both sides of the street it reduces the traffic to one lane making access difficult for emergency vehicles. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the designation of No Parking along the East side of Exchange 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 designating the East Side of Exchange Street as No Parking. Sample Motion Move to approve designating of No Parking on the East side of Exchange Street. Proposed No Parking on East side of Exchange Road Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-90 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit, or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, due to potential traffic congestion and safety issues, the Public Works Department and the Police Department are requesting that No Parking be allowed along the east side of Exchange Road; and WHEREAS, it is recommended that such restricted parking request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A No Parking Zone is hereby designated on the east side of Exchange Road. 2. The City's Street and Transportation Division shall erect and maintain the signs and street markings necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-91 - Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for the Capital Heights Drainway Rip Rap & Grading; 2005-D-3 and for the Capital Avenue Outfall Structure; 2005-D-4 Tuesday, March 28, 2006 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: March 28, 2006 Subject: Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for the Capital Heights Drainway Rip Rap & Grading (2005-D-3) and the Capital Avenue Outfall Structure (2005-D-4) Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background On October 25, 2005 the City of Grand Island entered into a contract with The Diamond Engineering Company for construction of the Capital Heights Drainway Rip Rap (2005- D-3) and the Capital Avenue Outfall Structure (2005-D-4). Any changes to the contract must be approved by the city council. Discussion The Engineering Division of the Public Works Department is submitting Change Order No. 1 in which decreases the amount paid to the contractor by $589.40. The NRCS is cost sharing in the project and requires a Change Order to final out the quantities. A detailed summary is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve Change Order No.1. 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 Change Order No. 1 to the contract with The Diamond Engineering Company for construction of the Capital Heights Drainway Rip Rap (2005-D-3) and the Capital Avenue Outfall Structure (2005-D-4). Sample Motion Move to approve Change Order No.1. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-91 WHEREAS, on October 25, 2005, by Resolution 2005-303, the City of Grand Island awarded a $141,551.58 bid for Project 2005-D-4-Capital Avenue Outfall Structure and Project 2005-D- 3 Capital Heights Drainway Riprap and Grading to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS) is cost sharing the work; and WHEREAS, the NRCS requires a change order to final out the quantities; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will decrease the contract amount by $589.40 for a revised contract price of $140,962.18. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modification set out as follows: Rock rip rap, Type B – decrease 2 tons @ $49.00........................................................................( 98.00) Rock rip rap, Type C – decrease 15 tons @ $49.00 .....................................................................(735.00) Erosion control, Type "HV" – decrease 94 sq yd @ $2.10 ............................................................(197.40) Rock rip rap, Type A – increase 9 tons @ $49.00 ..........................................................................441.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2006-92 - Approving Certificate of Final Completion for the Capital Heights Drainway Rip Rap & Grading (2005-D-3) and for the Capital Avenue Outfall Structure (2005-D-4) Tuesday, March 28, 2006 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: March 28, 2006 Subject: Certificate of Final Completion for the Capital Heights Drainway Rip Rap & Grading (2005-D-3) and the Capital Avenue Outfall Structure (2005-D-4) Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for the Capital Heights Drainway Rip Rap and Grading (2005-D-3) and the Capital Avenue Outfall Structure (2005-D-4) was awarded to The Diamond Engineering Company of Grand Island, NE on October 25, 2005. The projects were to repair damages caused by the May 11, 2005 flood. The city entered into an agreement with the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS) to cost share in the project. Work commenced on November 16, 2005 and was completed on February 10, 2006. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. It was completed on schedule at a construction price of $140,962.18. Total cost of the project including engineering is $158,231.71. Costs for the project break down as follows: Original Bid $ 141,551.58 Change Order #1 $ (589.40) Sub Total (Construction Price) $ 140,962.18 Additional Costs: Outside Engineering (Olsson Assoc.) $ 17,269.53 Total Cost $ 158,231.71 The NRCS share of the total cost is estimated at $122,991.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Certificate of Final Completion. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. 5. Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for the Capital Heights Drainway Rip Rap and Grading (2005-D-3) and the Capital Avenue Outfall Structure (2005-D-4). Sample Motion Move to approve the Certificate of Final Completion. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-92 WHEREAS, the City Engineer / Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for Project 2005-D-4 Capital Avenue Outfall Structure and Project 2005-D-3 Capital Heights Drainway Riprap and Grading, certifying that The Diamond Engineering Company of Grand Island, Nebraska, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the City Engineer recommends the acceptance of the certificate of final completion; and WHEREAS, the Mayor concurs with such recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project 2005-D-4 Capital Avenue Outfall Structure and Project 2005-D-3 Capital Heights Drainway Riprap and Grading is hereby confirmed and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-93 - Approving Agreement for Consulting Engineering Services for the Re-Permitting of the Solid Waste Landfill Tuesday, March 28, 2006 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: March 28, 2006 Subject: Approving Agreement for Consulting Engineering Services for the Re-Permitting of the Solid Waste Landfill Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background Every five years the Department of Environmental Quality (DEQ) requires all Landfills to be re-permitted. A request for proposals to perform Consulting Engineering Services for the Re-Permitting of the Solid Waste Landfill was developed. The request for proposals was advertised in the Grand Island Independent on February 8, 2006 and mailed to six (6) engineering firms. Four (4) proposals were received on February 23, 2006. HDR Engineering, Inc. of Omaha, Nebraska was chosen for the re- permitting process. Discussion An agreement for the study was negotiated for the work to be performed at actual costs with a basic permit fee maximum of $32,400 and a total maximum dollar amount of $54,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the mayor to execute the agreement. 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 agreement for actual costs with a maximum amount of $54,000.00. Sample Motion Move to approve the agreement with HDR Inc., of Omaha, NE to perform Cons ulting Engineering services for the Re-Permitting of the Solid Waste Landfill. E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 1 of 7 Project Scope of Services The purpose of this scope is to describe the objectives, activities, deliverables, key understandings and approach which HDR will utilize in carrying out the permit renewal services requested by the City of Grand Island for the Grand Island Area Regional Landfill (Site). The following detailed scope is based upon HDR’s knowledge of the Site and operations in the past 5 years, review of the existing permit, and HDR’s experience with NDEQ during other permit renewals. The proposed professional services for permit renewal and associated fee estimate are divided into four tasks. Since NDEQ may require changes or additional information that is currently unanticipated, tasks for NDEQ review revisions, meetings with the City and a public hearing are included. Task 100 – Basic Permit Renewal O bj e c t i ve: To prepare the renewal application of the municipal solid waste disposal facility permit for the Grand Island Area Regional Landfill and submit to the NDEQ. HD R A c t i v ities: HDR will review the current permit and identify possible changes and updates for further discussion with the City. HDR will revise the permit based on City input. HDR will attend and represent the City at the NDEQ comprehensive review meeting to be held at the City’s transfer station administration building and landfill site visit. In conjunction with this meeting, HDR will review the NDEQ comment letter anticipated to be received prior to this meeting and be prepared to respond or ask further questions. Extensive NDEQ comments will be addressed under Task 200. HDR anticipates the following areas will require updating: • current waste volumes received; • landfill volumetrics, effective density, and site life calculations; • closure and post-closure cost updates; • current site conditions drawing (uses most current topographic map as background); • minor revisions and updates to the following permit appendices, as noted; o Body of Permit (minor updates and reference updates) o Legal Description (no updates) o Leachate Management Plan (reference updates) o Storm Water Management Plan/NPDES Permit (reference updates) o Operational Plan (minor updates and reference updates) o Groundwater Monitoring Plan (incorporate plan approved in 2003 & reference updates) E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 2 of 7 o Landfill Gas Monitoring and Control Plan (reference updates) o Construction Quality Assurance Plan (reference updates) o Phase Site Development Plan (reference updates) o Closure/Post-Closure Plan (minor updates and reference updates) o Financial Assurance (cost updates to 2006) o Hydrogeologic Characterization (no updates anticipated) o Historic Site Investigation (no updates anticipated) o Alternate Liner Demonstration (no updates anticipated) o Approach to Design (no updates anticipated) o Permit Drawings (no updates anticipated) o Site Drainage Calculations (no updates anticipated) • additional permit revisions from Task 200. Based on more recent permit renewals with NDEQ, the permit appendices will be reorganized into “active” and “historic” volumes. This will involve global re-lettering of appendices and revising appendix references within documents to match. HDR will identify the survey information required for the permit renewal process so that the City can obtain a survey that meets the needs of the permit renewal and the City’s ongoing operations. HDR will perform the landfill volumetrics and remaining site life calculations for financial assurance purposes based on the most current topographic survey (provided by the City) compared to the final closure contours. HDR will submit one draft permit to the City for review. HDR will meet with the City to discuss the permit revisions and finalize for initial NDEQ submittal. HDR will submit one copy of the permit to the NDEQ for initial review and comment. An additional copy will be provided to the City for their files. HDR will respond to NDEQ comments as identified under Key Understandings. Additional effort to respond to NDEQ is included in Task 200. HDR will incorporate final revisions from Task 100 and Task 200 into the permit application, and provide eight copies of the Permit Application for the Grand Island Area Regional Landfill (5 to NDEQ and 3 to City). Final permit documents in Microsoft Word and Excel, AutoCAD, and PDF will be saved to a CD-Rom for the City. Task Del i ver able s : • One copy of draft permit for City review and comment. • One copy of permit for NDEQ review and comment; with one copy to the City. • Eight final permits for the Grand Island Area Regional Landfill (NDEQ-5; City-3). • One CD-Rom of Final Permit documents in Word, Excel, AutoCAD or PDF files. Key Un d e rst an ding s : The City has already submitted the permit renewal request form and renewal fee required by Title 132 – Integrated Solid Waste Management Regulations to the NDEQ. E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 3 of 7 These basic permit renewal activities assume that NDEQ will not have significant changes from the existing permit, design and operations. Extensive NDEQ comments and revisions are addressed under Task 200. The City will review the Operational Plan independently and identify proposed edits and updates to correspond with current City operations. The City will provide all reasonably available data related to revisions and updates to the plans, including permit pages revised by the City in the past five years. The City will provide a copy of the most recent NPDES Permit for the landfill. The City will provide HDR with all waste quantities landfilled in the past five years and the most recent cost information available on landfill activities (i.e. groundwater monitoring, lab services, landfill gas monitoring, etc.) to update the closure and post-closure costs. Topographic ground or aerial surveys are not included in this fee estimate. It is assumed that the City will separately obtain any surveying. Survey data will be available in electronic format as a digital terrain model (DTM) and will be supplied to HDR. Previous survey data may also be requested, as required to verify effective landfill density. For basic permit renewal purposes, 12 professional hours have been allocated to respond to NDEQ comments on the permit submittal. Additional hours to respond are included in Task 200. P l an ned Me e t in g s : One comprehensive permit review meeting with the City and NDEQ. Assume one HDR personnel will attend meeting. No other meetings are anticipated to be necessary with NDEQ other than conference calls. One meeting with the City to review the draft permit and finalize the City’s revisions to the permit. One HDR personnel will attend this meeting. Additional meetings, if required, are included in Task 300. Task 200 – NDEQ Review Revisions O bj e c t i ve: To address additional comments and revisions required by NDEQ which are not included with basic permit renewal activities under Task 100. HD R A c t i v ities: HDR will complete permit revisions due to unanticipated NDEQ comments and changes or extensive City requested changes. These changes could occur during NDEQ’s comprehensive review or during review of the permit submittal. Whenever possible, HDR will first attempt to discuss the comments and requested changes with NDEQ to E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 4 of 7 determine whether the comment has already been addressed within the existing plans of the permit. HDR will keep meeting minutes of these discussions with NDEQ. Individual permit pages affected by these permit revisions will be e-mailed or faxed for City review. Task Del i ver able s : • Meeting minutes delivered electronically. • Draft copy of individual permit pages that are affected by NDEQ’s comments. Printing of the complete draft permit and final permit copies included in Task 100. Key Un d e rst an ding s : NDEQ may request additional information, investigations, drawings, or calculations during the renewal process that could take significant efforts to complete. Through communications with NDEQ, HDR will attempt to eliminate unreasonable requests or direct the NDEQ to areas within the existing permit. Notwithstanding, 100 professional hours have been included to address NDEQ’s potentially extensive comments. If additional geotechnical data or survey data is required by NDEQ, the City will contract separately for those services. This data would be made available in electronic format and supplied to HDR. The individual changed pages will be e-mailed or faxed. Transfer of large files or drawings are anticipated to be accomplished through access of HDR’s ftp site. P l an ned Me e t in g s : Additional meetings are included in Task 300. All other communications will be handled through conference calls, e-mail, facsimile, or US Postal mail. Task 300 – Additional City Meetings O bj e c t i ve: To allow for additional meetings with the City, if necessary, due to extensive NDEQ review comments. HD R A c t i v ities: HDR will meet with the City in Grand Island to review additional permit revisions and activities. HDR will summarize the meeting discussions into minutes for distribution to attendees. Task Del i ver able s : Meeting Minutes delivered electronically. E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 5 of 7 Key Un d e rst an ding s : Up to 2 meetings are anticipated to occur at the City’s transfer station. All other communications will be handled through conference calls, e-mail, facsimile, or US Postal mail. P l an ned Me e t in g s : Two meetings in Grand Island with one HDR personnel attending. Task 400 – Public Hearing O bj e c t i ve: To represent the City in a public hearing, if one is required during the permit renewal process. HD R A c t i v ities: HDR will prepare one presentation board and a one-page “landfill facts summary” handout for the public hearing. HDR will represent the City in the public hearing. Task Del i ver able s : • One presentation board. • 30 copies of one page handout. Key Un d e rst an ding s : If a public hearing has been requested after public notice of the permit renewal, the City or NDEQ will arrange the location and time of the public hearing. The public hearing is assumed to occur in the evening. P l an ned Me e t in g s : One public hearing in the evening is anticipated. Assumes two HDR personnel will attend the public hearing. HDR will meet with the City immediately prior to the start of the public hearing. E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 6 of 7 Project Schedule The following schedule is based on NDEQ’s recent directive regarding how the public notice period for permit renewal must be completed at least three months prior to permit expiration, in case a public hearing is required. March 2006 Attend NDEQ comprehensive permit review meeting and site visit / Project kick-off meeting March – April 2006 Gather all permit documents and data to review with City and identify any City requested changes to the permit April 2006 Meet with City to review draft permit renewal May 10, 2006 Submit updated permit to NDEQ for review (request extension for landfill survey results and volumetrics, site life, and financial assurance update) May 2006 Conduct landfill volumetrics June 5, 2006 Receive NDEQ’s comments on draft permit renewal and provide follow-up June 27, 2006 Submit final permit to NDEQ July 2006 NDEQ 30-day public notice of permit renewal August/September 2006 NDEQ 30-day public notice of public hearing (if required) October 2006 Represent City at public hearing (if required) November 2006 NDEQ approve permit renewal prior to November 18th November 2006 Complete CD-Rom (electronic files) of Grand Island Area Regional Landfill Permit E x h i b i t A S c o p e o f S e r v i c e s , S c h e d u l e a n d F e e Page 7 of 7 Compensation HDR will provide the services described in the Scope of Services for estimated fees as indicated in the table below. HDR may alter the distribution of compensation between individual tasks to be consistent with services actually rendered, but shall not exceed the maximum amount unless approved in writing by the Owner through a contract amendment to this Agreement. Task Task Fees 100 – Basic Permit Renewal $32,400 200 – NDEQ Review Revisions (as required) $13,600 300 – Additional City Meetings (if required) $3,000 400 – Public Hearing (if required) $5,000 Total Tasks 100 - 400 $54,000 Compensation for services shall be on a Per Diem basis. Per Diem shall mean an hourly labor rate paid as total compensation for each hour an employee works on the project, plus Reimbursable Expenses. Labor Rates Hourly labor rate will be equal to Payroll Costs times a multiplier of two and three tenths (2.3). Payroll Cost is defined in the Agreement for Engineering Services. Reimbursable Expenses E xpens e Rat e Subconsultants At Cost Telephone – Conference Call Services At Cost Printing & Mapping At Cost Travel Expenses At Cost Other Miscellaneous Direct Project Expenses (e.g. mailing) At Cost Computer Charges $4.10/project labor hour Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR CONSULTING SERVICES FOR THE RE-PERMITTING OF THE SOLID WASTE LANDFILL RFP DUE DATE: February 23, 2006 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: February 8, 2006 NO. POTENTIAL BIDDERS: 6 SUMMARY OF PROPOSALS RECEIVED Miller & Associates Jacobson Helgoth Consultants Keaney, NE Omaha, NE HDR Olsson Associates Omaha, NE Grand Island, NE cc: Steve Riehle, Public Works Director Ben Thayer, WWTP Supt. Danelle Collins, Admin. Assist. PW Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1069 Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-93 WHEREAS, the City of Grand Island invited proposals for Consulting Services for the Re- Permitting of the Solid Waste Landfill in accordance with a Request for Proposals on file with the Public Works Department; and WHEREAS, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, HDR Engineering, Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for actual costs with a basic permit fee maximum of $32,400 and a total maximum dollar amount of $54,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of HDR Engineering, Inc. of Omaha, Nebraska, for consulting services for the Re-Permitting of the Solid Waste Landfill for actual costs with a basic permit fee maximum of $32,400 and a total maximum dollar amount of $54,000 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2006-94 - Approving Installation of a Temporary Traffic Signal at the Intersection of Diers Avenue and Capital Avenue Tuesday, March 28, 2006 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: March 28, 2006 Subject: Approving Installation of a Temporary Traffic Signal at the Intersection of Diers Avenue and Capital Avenue Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background An engineering study and council approval is needed for the installation of traffic signals. Discussion The warrants for the installation of a traffic signal were met in an engineering study performed by the Public Works Department. The Grand Island Utilities Department will install poles; the Street and Transportation Division will put up the span wire, signal heads and install the traffic signal controller. The temporary traffic signal will be replaced with a permanent traffic signal as part of the project to widen Capital Avenue from the Moores Creek Drainway to Webb Road. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the installation of the temporary traffic signal at the intersection of Diers Avenue and Capital Avenue. 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 installation of the temporary traffic signal. Sample Motion Approve the installation of the temporary traffic signal. Pump and PantryKSYZDetention Cell Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-94 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, direct the placing of traffic control devices upon any street or portion thereof; and WHEREAS, warrants for the installation of a traffic signal at the intersection of Diers Avenue and Capital Avenue were met in an engineering study performed by the Public Works Department; and WHEREAS, it is recommended that a temporary traffic signal be installed to ease traffic congestion and improve safety in such area; and WHEREAS, a permanent traffic signal will be installed at the intersection of Diers Avenue and Capital Avenue in conjunction with the project to widen Capital Avenue from the Moores Creek Drainway to Webb Road. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the installation of a temporary traffic signal is hereby approved at the intersection of Diers Avenue and Capital Avenue. BE IT FURTHER RESOLVED, that a permanent traffic signal will be installed at such intersection as part of the project to widen Capital Avenue from the Moores Creek Drainway to Webb Road. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-95 - Approving Contract for the Nebraska Department of Roads to Aquire Right-of-Way Adjacent to the City Library for the Widening of US HWY 30 Tuesday, March 28, 2006 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: March 28, 2006 Subject: Approving Contract with the Nebraska Department of Roads to Sell Property Along the City Library for the Widening of US HWY 30 Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background Council approval is needed for the Mayor to sign contracts. The Nebraska Department of Roads (NDOR) is working with the City of Grand Island Public Works Department on a joint project to widen US HWY 30 (Second Street) from a 4-lane to a 5-lane roadway. The existing road is 50’ wide and the new roadway will be 64’ wide. Approximately 7’ of widening occurs on the north side of 2nd Street and 7’ on the south side of 2nd Street. Discussion In conjunction with the widening project, additional Right-of-Way (ROW) and Temporary Easements are needed. Between Washington Street and Lincoln Street The City of Grand Island is the owner of the property where the current library is located. The NDOR is acquiring 962.17 square feet of ROW and 2,703.05 square feet of Temporary Easement. The total dollar amount of the contract is $8,020.00. Between Adams Street and Washington Street The Library Board is the owner of the property where the new Library parking lot will be built. The NDOR is acquiring 956.41 square feet of ROW and 2,771.03 square feet of Temporary Easement. The Library Board will be considering a contract with NDOR in the amount of $9,110.00 at their board meeting. 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 contract. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Ad ministration recommends that the Council approve the contract. Sample Motion Move to approve the contract. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-95 WHEREAS, the City has been working with the Nebraska Department of Roads on a joint project to widen U.S. Highway 30 (2nd Street) from a 4-lane to a 5-lane roadway; and WHEREAS, the existing road is fifty feet wide, and the new roadway will be sixty-four feet wide; and WHEREAS, the Nebraska Department of Roads is working to acquire right-of-way and a temporary easement adjacent to the Edith Abbott Memorial Library to accommodate the widening project; and WHEREAS, an Acquisition Contract and related documents have been reviewed and approved by the City Attorney's office for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Acquisition Contract by and between the City and the Nebraska Department of Roads for the state to acquire right-of-way and a temporary easement adjacent to the library for the widening of 2nd Street is hereby approved; and the Mayor is hereby authorized and directed to execute such contract and related documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-96 - Approving Interlocal Agreement with Hall County for Law Enforcement Records Management and Computer Aided Dispatch Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Paul Bresino City of Grand Island City Council Council Agenda Memo From: Paul M. Briseno, Assistant to the City Administrator Meeting: March 28, 2006 Subject: Renewal of the Interlocal Agreement with Hall County for Law Enforcement Records Management and Computer Aided Dispatch Item #’s: G-13 Presenter(s): Paul M. Briseno, Assistant to the City Administrator Background The Interlocal Law Enforcement Committee is requesting the approval of two additional voting members to the Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch. The additions, approved by the Interlocal Law Enforcement Committee, include the Emergency Management Director and the County’s IT Director. This addition will increase the voting members from 5 to 7. The number of voting members to hold meetings will remain at 5. This is a renewal agreement. There is one change from the previous agreement which allows the two additional voting members representing the city and county. Discussion The interlocal Law Enforcement committee has approved the additional appointments. On February 7, 2006 the Hall County Board approved the renewal of the Interlocal Agreement for Law Enforcement Records Management and computer Aided Dispatch. 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 renewal of the Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch 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 renewing the Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch with Hall County. Sample Motion Motion to approve the renewing of the Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch with Hall County. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-96 WHEREAS, on July 24, 2001, by Resolution 2001-197, the City Council of the City of Grand Island approved an Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch between the City and the County of Hall; and WHEREAS, a System Advisory Committee was established in accordance with such agreement to oversee the implementation of the terms of such agreement; and WHEREAS, it has been recommended that two additional voting members to the System Advisory Committee be approved, which would include the Emergency Management Director and the County's IT Director; and WHEREAS, a new Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement for Law Enforcement Records Management and Computer Aided Dispatch by and between the County of Hall and the City of Grand Island is hereby approved; and 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, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-97 - Approving Lease Agreement for Jackrabbit Run Golf Course with Hall County Regional Airport Authority Tuesday, March 28, 2006 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: March 28, 2006 Subject: Golf Course Lease Item #’s: G-14 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City has leased land from the Hall County Airport Authority for use as a Municipal Golf Course for the past thirty years. Two fifteen year contracts have been implemented to facilitate this use. The second fifteen year contract is set to expire on April 30, 2006. Discussion The City has negotiated a new lease to continue the operation of the Municipal Golf Course at its current location. Several changes are incorporated into this new lease. The primary differences include a twenty year instead of fifteen year duration, a fee schedule that includes a 3% annual escalation clause (see exhibit B) and the ability to shut down the golf course, if necessary to facilitate air shows. 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 accept the terms of the proposed lease and authorize the Mayor to sign the agreement. Sample Motion Motion to approve new golf course lease with the Hall County Airport Authority. 1 HALL COUNTY AIRPORT AUTHORITY and THE CITY OF GRAND ISLAND, NEBRASKA GOLF COURSE LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this ______ day of ____________, 2006, by and between the Hall County Airport Authority, Grand Island, Nebraska, ("Authority") and The City of Grand Island, Nebraska("City"). WITNESSETH: In consideration of the lease of real property, covenants and agreements as set forth herein, the parties agree as follows: ARTICLE I. PREMISES The Authority, in furtherance of its statutory duty to generate revenue to support airport operations and in furtherance of its public purpose to provide funding for aviation service for Central Nebraska, hereby leases to City for its exclusive use, and for no other use except as agreed to by the Authority under provisions set forth herein, a tract of land including building and other improvements described as set forth on attached Exhibit “A” consisting of 174.46 acres more or less (the “leased premises”). ARTICLE II. OBJECTIVES AND PURPOSE OF LEASE Subsection 2.01 Use of leased Premises. 1. The City shall use the leased premises as a public golf course and uses incidental thereto. Subsection 2.02 Prohibited Uses. 1. The City may not use any part of the leased premises or the improvements located thereon for any activity or purpose other than as set forth in Section 2.01, unless such use is approved in 2 writing by the Authority. 2. The City may not enter the aviation portions of the airport unless City demonstrates an operational need and Authority approves such access. ARTICLE III. TERM AND COMPENSATION Subsection 3.01 Initial Term. The term of this lease shall be for a period of twenty (20) years, effective May 1, 2006, and terminating April 30, 2026 without further notice unless extended by agreement of the parties. Subsection 3.02 Building & Ground Site Rent. The City agrees to pay Authority as rent for the leased premises the sum of FIFTEEN THOUSAND SEVEN HUNDRED ONE DOLLARS and FORTY CENTS ($15,701.40) for the lease year commencing May 1, 2006 which is payable on or before May 1, 2006. In order to assure Authority compliance with Department of Transportation Airport Compliance Order 5190.6A (dated October 2, 1989), effective May 1, 2007 annual rent shall increase by three percent (3%) and as of May 1 of each year thereafter annual rent shall increase an additional three percent (3%) in excess of annual rent for the immediately preceding year all in accordance with the Rent Schedule attached as Exhibit “B”. Rent shall be due and payable in advance on or before May 1 of each lease year. Subsection 3.03 Assignment/Subletting. This Agreement may not be assigned or sublet without Authority approval as detailed in Article XII. ARTICLE IV. CITY'S FUTURE CONSTRUCTION REQUIREMENTS Subsection 4.01 Acceptance of Leased Premises. The City accepts the leased premises in its current condition “AS – IS, WHERE – IS” WITHOUT WARRANTY OF ANY NATURE AS TO THE CONDITION OF THE LEASED PREMISES based upon the City’s knowledge of the leased premises as a long term tenant in possession of the leased premises. The City may, at its sole expense, make improvements or alterations to the leased premises, as provided in this Article IV. Such improvements to existing buildings, future buildings, structures, fencing, roadways, utility lines, and additions are to be in furtherance of the purposes set forth in Article II. Provided, however, that no building, structure, fencing, roadway, utility lines, addition or improvement of any nature shall be made or installed by the City without the prior 3 written consent of the Authority as herein provided. Subsection 4.02 Approval of Future Construction Plans. The City covenants and agrees that it shall submit plans showing the general site plan, design and character of any building or structural improvements and their locations, including drainage and roadways to the Authority for approval. Authority agrees to consider such plans within 30 days of receipt from the City. All construction will be in accordance with such plans and specifications and the Airport Master Plan. The City agrees to complete and submit Federal Aviation Administration Form 7460-1, Notice of Proposed Construction, or Alteration, through the Airport Director's Office, and receive favorable determination prior to any commencement of any construction or alterations, as required by part 77 of the Federal Aviation Regulations. Subsection 4.03 As-Built Drawings. Within ninety (90) days following completion of any future construction, the City shall present to the Authority a complete set of "as-built" drawings including, but not limited to, architectural renderings, specifications, plumbing and electrical plans, as applicable. Subsection 4.04 Ownership of Improvements. At expiration of the lease term and all extensions or renewals, any building, fixture, structure, addition or improvement, excluding personal property as defined in Article XI, Subsection 11.02, on the Leased Premises, shall immediately become the property of the Authority, as owner. ARTICLE V. OBLIGATION OF CITY Subsection 5.01 Net Lease 1. The use and occupancy of the leased premises by the City shall be without any cost or expense to the Authority. It shall be the sole responsibility of the City to operate the entirety of the leased premises and all maintenance and repairs to the improvements and facilities thereon at the City's sole cost and expense. 2. The City at all times shall keep in a clean and orderly condition and appearance all of the Leased Premises and all of the City's fixtures, equipment, and personal property which are located thereon. The City shall perform mowing and snow removal from the Leased Premises. The City shall not commit or suffer to be committed any nuisance on the Leased premises. Except in storage tanks and in the manner approved by the appropriate governmental authorities, City shall not store any gasoline or other fuel or materials likely to give off fumes or gases or any material likely to constitute a fire, safety or security hazard on the leased premises. 4 Subsection 5.02 Utilities. The City shall assume and pay for all costs or charges for all utilities to the leased premises during the term hereof including all service, connection fees, construction, repairs, inspections and maintenance. Subsection 5.03 Trash, Garbage, Etc. The City shall pick up, and provide for, a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage, hazardous materials and other refuse caused as a result of its operations. The City shall provide and use suitable receptacles for all such garbage, trash, and other refuse. The storage of boxes, cartons, barrels, pallets, debris, inoperative vehicles and equipment, or similar items in an unattractive or unsafe manner, on or about the leased premises, shall not be permitted. Subsection 5.04 Nondiscrimination. The City, for itself, its successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (a) no person on the grounds of race, color, national origin or other illegal discriminatory classification shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased premises; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereof, no persons on the grounds of race, color or national origin or other illegal discriminatory classification shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (c) that the City shall use the leased premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and said Regulations may be amended, to the extent that said requirements are applicable, as a matter of law, to the City. With respect to the leased premises, the City agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof. Subsection 5.05 Observance of Statutes, etc. At City’s cost, the City shall observe and comply with any and all requirements of all Federal, State or local statutes, ordinances, regulations and standards applicable to the City for its use of the leased premises. Subsection 5.06 Hazard Lights The City shall, at its expense, provide and maintain hazard lights on any current or future structure erected by the City on the leased premises, if required by the Authority and FAA regulations. Any hazard lights so required shall comply with the specifications and standards established for such installations by the FAA. 5 Subsection 5.07 Airport Security. The City recognizes the Authority's required compliance with Federal Aviation Regulations concerning airport security and the City agrees to comply in its use of the leased premises, as applicable. Subsection 5.08 Minimum Standards. The City acknowledges receipt of a copy of the Authority’s Minimum Standards and Rules and Regulations (“Standards”) previously approved by Authority. The Standards as adopted, and as may hereafter be amended or revised by Authority from time to time during the term of this Lease, are incorporated as part of the terms and conditions of this lease agreement as if fully set forth herein. ARTICLE VI. OBLIGATIONS OF THE AUTHORITY Subsection 6.01 Ingress and Egress. Upon paying the rent and performing the covenants of this agreement, the City shall have the right of ingress to, and egress from, the leased premises for the City, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadways serving the area of the leased premises. ARTICLE VII. AUTHORITY'S RESERVATIONS Subsection 7.01 Improvement, Relocation or Removal of Structure. 1. The Authority, at its sole discretion, reserves the right to further develop or improve the aircraft operating area and other portions of the airport for aviation related use, including the leased premises. The Authority retains the right to take any action it considers necessary to protect the aerial approaches of the airport against obstructions, together with the right to prevent the City from erecting any buildings or other structures on the airport which, in the opinion of the Authority would limit the usefulness of the Airport or constitute a hazard to aircraft. 2. It is not anticipated that Authority will require the leased premises for aviation related use during the lease term; HOWEVER, in the event the Authority needs the leased premises or any part thereof for expansion, improvements, development of the airport for aviation purposes, the Authority reserves the right, on one (1) year advance written notice to City to terminate this lease for the leased premises or any part thereof. If part of the leased premises is taken for aviation use by Authority, rent shall be adjusted in accordance with a prorated calculation of lost square footage of the leased 6 premises or the City may terminate the lease without penalty if the remaining part of the leased premises is insufficient to maintain and operate a public golf course. If all of the leased premises are taken by Authority, the lease shall terminate without penalty or further liability for rent. 3. It may be necessary or advisable to widen Shady Bend Road during the lease term in order to improve access to the airport or improve access to the anticipated National Guard Facility. Accordingly, upon at least sixty (60) days prior written notice to the City, Authority may, at Authority’s expense, relocate fences, utilities and other improvements adjacent to Shady Bend Road up to a distance of twenty (20) feet in a westerly direction. In such event, the City agrees to execute any necessary plats, consents and documents as may be necessary or appropriate to accomplish the widening of Shady Bend Road. If part of the leased premises is taken for the widening of Shady Bend, rent shall be adjusted in accordance with a prorated calculation of lost square footage of the leased premises Subsection 7.02 Inspection of Leased Premises. The Authority, through its duly authorized agent, shall have at any reasonable time with prior notice, the full and unrestricted right to enter the leased premises for the purpose of periodic inspection and to investigate compliance with the terms of this agreement. In event of emergency, Authority’s authorized agents and representatives and authorized security personnel may enter the leased premises at any time with notice to the City as soon as practical. ARTICLE VIII. INDEMNITY AND INSURANCE Subsection 8.01 Indemnification. 1. The City agrees to indemnify, save, hold harmless, and defend the Authority, its board, officers, agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all reasonable expenses incidental to the investigation and defense thereof, in any way arising out of or resulting from any acts, omissions or negligence of the City, its agents, employees, licensees, successors and assigns, or those under its control; in, on or about the leased premises; provided, however, that the City shall not be liable for any injury, damage, or loss occasioned by the negligence of willful misconduct of the Authority, its agents or employees. When City or Authority has knowledge of any adverse claim, it shall give prompt written notice to the other party. 2. The City shall indemnify, save, hold harmless and defend the Authority, its board, officers, agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all expenses incidental to the investigation and defense thereof, in any way arising from or based upon the violation of any federal, state or municipal laws, statutes, ordinances, or regulations by the City's agents, employees, licensees, successors and assigns, or those under its control. The City shall not be liable for any claims and actions and expenses incidental to the investigation and defense thereof, in any way arising from or based upon violation of any federal, state 7 or municipal laws, statutes, ordinances, or regulations by the Authority, its agents, employees, licensees, successors and assigns, or those under its control. Subsection 8.02 Liability Insurance. 1. Without limiting the City's obligation to indemnify the Authority, the City shall provide, pay for, and maintain in force at all times during the term of this Agreement a policy of comprehensive general liability insurance to protect against bodily injury liability and property damage in an aggregate amount of not less than ONE MILLION DOLLARS ($1,000,000.00)for any person for any number of claims arising out of a single occurrence and FIVE MILLION DOLLARS ($5,000,000.00) for all claims arising out of a single occurrence; statutory workmen's compensation insurance; and any other policies of insurance reasonably required by the Authority. 2. The aforesaid insurance amounts and types of insurance shall be reviewed from time to time by the Authority and may be adjusted by the Authority if the Authority reasonably determines such adjustments are necessary to protect the Authority's interests. The City shall furnish the Authority, as evidence that such insurance is in force, a certified copy of the insurance certificate including the Authority as additional insured within 30 days after the policy(s) is issued. Said policies shall provide for thirty (30) days written notice to the Authority prior to the cancellation of or any material change in such policies. 8.03 Fire and Extended Coverage Insurance. The City shall procure and keep in force at all times during the term of this agreement replacement value insurance on the buildings on the leased premises against loss and damage by fire, casualty and extended coverage perils. The City shall provide a certificate of insurance prior to commencement of the lease and annually thereafter. The City shall be responsible for insuring its personal property and equipment as it deems appropriate. 8.04 Damage to Premises. If the leased premises or any fixed improvements on the leased premises shall be partially or totally destroyed or damaged, the lease shall continue in full force and effect. 8.05 Waiver of Subrogation. It is agreed that if the leased premises shall be destroyed in whole or in part by any cause or causes covered by standard fire and extended coverage insurance forms, the City shall not be liable for or responsible to Authority or any insurer or insurers of Authority and the Authority shall not be liable for or responsible to City or any insurer or insurers of the City for and in respect to any such damage or destruction, and Authority hereby specifically waives any and all rights of subrogation which its insurer or insurers may have against City for such losses, damages or destruction, and the City hereby specifi- cally waives any and all right of subrogation which its insurer or insurers may have against the Authority for such losses, damages or destruction, all notwithstanding the fact that the same is caused in whole or 8 in part by the neglect of City or any of City’s officers, agents, employees, invitees or otherwise or by the neglect or negligence of Authority or any of Authority’s officers, agents, employees, invitees or otherwise. 8.06 Environmental Impairment. The City agrees to comply with all local, state and federal environmental regulations and statutes affecting its operations throughout the term of the lease. The City shall not cause any additional storage tanks to be installed on the Authority property without prior approval of the Authority. Existing storage tanks are not effected by this Lease. The use, storage and disposal of any fertilizers, herbicides, fungicides, pesticides, petroleum products and any other regulated hazardous chemicals or materials, and disposal of containers thereof, shall be made by the City in such a manner as to specifically prevent any spilling, leaking, emitting, discharging, escaping, leaching or disposing and undue accumulation of any such products causing any contamination of the soil, ground water, surface water, sanitary sewer systems, storm water system or subsurface soils. If applicable, City shall prepare, provide to Authority and comply with a Spill Prevention Control and Countermeasure (SPCC) Plan and such other plans as may be required as a result of City’s use of the leased premises. In the event that there are violations of any of the requirements set forth in this paragraph during the term of this Lease, the City shall be responsible for cleanup of the contaminated area, at City's expense, including the payment of any and all fines or other penalties, regardless of the time frame that may be required by any authorities supervising the elimination of the contamination, even though such is required beyond the term of this lease. Any violation, spill, or discharge shall be IMMEDIATELY reported to Authority’s Executive Director. ARTICLE IX. CANCELLATION BY THE AUTHORITY Subsection 9.01 Events of Default by City. Each of the following events shall constitute an "Event of Default by City": 1. The City fails to pay rent, fees or charges when due, and such default continues for a period of thirty (30) days after receipt of written notice of default from the Authority. 2. The City fails, after receipt of written notice from the Authority, to keep, perform or observe any term, covenant or condition of this Agreement, and such failure continues for sixty (60) days after such receipt. 9 Subsection 9.02 Remedies for City's Default. Upon the occurrence of an Event of Default by the City: The City shall remain liable to the Authority for all arrearages of rent, fees and charges payable hereunder and for all preceding breaches of any covenant herein contained. The Authority shall have the right of re-entry and may remove all operations, persons and property from the leased premises as provided by law. 2. Should the Authority elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time, subsequent to an Event of Default by the City, either terminate this agreement or relet the leased premises, or any part thereof, for such terms (which may be for a shorter or longer term) and conditions, and for such rentals, fees and charges, as the Authority in its sole discretion may deem advisable, with the right to make alterations, repairs or improvements on said leased premises. 3. No re-entry or reletting of the leased premises by the Authority shall be construed as an election of the Authority's part to terminate this agreement unless a written notice of such intention is given to the City. In reletting the leased premises, the Authority shall be obligated to make a good faith effort to attempt to obtain terms and conditions no less favorable to itself than those contained herein and otherwise seek to mitigate any damage it may suffer as a result of event of default by the City. 4. Unless the Authority elects to terminate this Agreement, the City shall remain liable for and promptly pay all rent, fees and charges accruing hereunder until termination of this Agreement at the expiration date set forth herein. The City’s responsibility concerning environmental matters as set forth in Subsection 8.07 shall continue notwithstanding termination of the lease. 5. In the event that the Authority relets the leased premises, rentals, fees and charges received by the Authority from such reletting shall be applied: first, to the payment of any indebtedness other than rent, fees and charges due hereunder from the City to the Authority; second, to the payment of any cost and legal fees of such reletting; third, to the payment of rent, fees and charges due and unpaid hereunder; and the residue, if any, shall be held by the Authority and applied in payment of future rent, fees and charges as the same may become due and payable hereunder. Should that portion of such rent, fees and charges received from such reletting applied to the payment of rentals, fees and charges due hereunder be less than the rent, fees and charges payable during applicable period by the City hereunder, then City shall pay such deficiency to the Authority. The City shall also pay to the Authority, as soon as ascertained, any costs and expenses incurred by the Authority in such reletting not covered by the rent, fees and charges received from such reletting. 10 ARTICLE X. CANCELLATION BY CITY IN EVENT OF DEFAULT BY THE AUTHORITY Subsection 10.01 Events of default by the Authority. Each of the following events shall constitute an "Event of Default by the Authority: 1. The Authority fails after receipt of written notice from City to keep, perform or observe any term, covenant or condition herein contained to be kept, performed or observed by the Authority and such failure continues for sixty (60) days. 2. It is further understood and agreed that if the United States Government find it necessary to demand possession of the leased premises for any military, necessary, or emergency governmental use, in such event, the Authority and the City shall each have the right to cancel this lease upon giving thirty (30) days written notice to the other, and in such event, the City’s obligation to pay rent, insurance, and utilities for the leased premises shall cease as of the effective date of termination. If the lease is terminated as provided in this subparagraph 2, the City shall have the right of first of refusal to renew this lease for the balance of this lease term within ninety (90) days after receipt of written notice from Authority of the termination of such government use. Rent shall be payable for the first year of the renewed lease at the same rental rate that was in effect as of the date of termination and shall increase annually thereafter at a three percent 3%)rate. Subsection 10.02 Remedies for Authority's Defaults. Upon the occurrence of an event of default by the Authority, the City shall have the right to suspend this Agreement and all rent, fees and charges payable by City under this agreement shall abate during a period of suspension, or the City may terminate this Agreement which shall also terminate its obligation to pay future rent thereafter. ARTICLE XI. RIGHTS UPON TERMINATION Subsection 11.01 Fixed Improvements. It is the intent of this Agreement that the leasehold improvements and alterations, and items affixed thereto shall become the property of the Authority at expiration of the lease term and any extensions or renewals. In Authority’s discretion, the City shall either leave all or some permanent improvements and fixtures or remove all or some of such improvements and fixtures at City expense and restore the property where fixtures are removed upon expiration of the lease term and any extensions or renewals. Notwithstanding the foregoing, the property shall be returned to Authority upon expiration or termination of the lease as a golf course. The City shall not be required to restore the leased premises to 11 a farming suitable condition. Subsection 11.02 Personal Property. Upon termination of this agreement, the City shall remove all personal property and items not affixed from the leased premises. ARTICLE XII. ASSIGNMENT AND SUBLETTING 1. The City shall not assign this agreement, or any part thereof, in any manner whatsoever, or assign any of the privileges recited herein, without the prior written consent of the Authority. Neither shall the City sublet any portion of the land, buildings, facilities or privileges contained herein without Authority’s consent. In the event the Authority consents to such assignment or subletting, City shall remain liable to the Authority for compliance with all lease terms for the balance of the term of the lease, including, but not limited to the obligation to pay to the Authority the rent payable as provided herein upon failure of the assignee or subtenant to pay the same when due. 2. The City shall provide the Authority copies of all assignments and subleases between the City and its subtenants or assignees. The assignment/sublease shall require the assignee/ subtenant to comply with all the terms and conditions contained in this original lease. Notwithstanding the foregoing, the City may enter into concession contracts incidental to operation of the golf course without prior approval of Authority. The City shall provide copies of its concession contracts to Authority. ARTICLE XIII. QUIET ENJOYMENT The Authority covenants that the City, upon payment of the rent and the performance of each and every covenant, agreement, and condition herein, shall have, hold and enjoy the leased premises for the term aforesaid SUBJECT TO: 1. The right of Authority, its aviation patrons and the public to use the airspace over the leased premises including aircraft landing and taking off from the airport and all noise incidental thereto; and 2. The right of Authority, the United States of America and the State of Nebraska to enter upon the leased premises in event of war, national emergency or disaster. 3. The right of Authority to take all or part of the leased premises as provided in Article VII. 12 ARTICLE XIV. GENERAL PROVISIONS Subsection 14.01 Non-Interference with Operations of Airport. The City, by accepting this agreement, expressly agrees for itself, its successors and assigns that it will not make use of the leased premises in any manner which might interfere with the landing and taking off of aircraft at airport or otherwise constitute a hazard to the aviation operations at the airport. In the event the aforesaid covenant is breached, the Authority reserves the right to immediately enter upon the leased premises and cause the abatement of such interference or hazard at the expense of the City with or without notice. Subsection 14.02 Attorney's Fees. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover interest and its reasonable attorney's fees. Subsection 14.03 Taxes and Special Assessments. It is anticipated that property tax will not be assessed against the leased premises; HOWEVER, the City shall be responsible to pay any leasehold tax, real estate tax, and all personal property taxes, or other taxes which may be assessed against its interest or the leased premises, if any, and shall pay all taxes, for its personal property belonging to the City located on the leased premises. Subsection 14.04 Right to Contest. The City shall have the right to contest the validity or amount of any tax, assessment or charge, lien or claim of any kind in respect to the leased premises. The City, so long as the matter shall remain undetermined by final judgment, shall not be considered in default hereunder by the nonpayment thereof. Subsection 14.05 Air Show. In the event special acts performing at an air show at the airport require a restricted air box for safety purposes, the Authority reserves the right to close the golf course or part of the golf course and prohibit public access to the leased premises or any part thereof only for the limited time period as may be necessary for safety purposes not to exceed four (4) calendar days annually. As a condition to any temporary restriction or closure, Authority shall provide at least six (6) months prior written notice to City. Such closure or partial closure shall not abate or reduce the City’s rent obligation. 13 Subsection 14.06. Disclaimer of Reversion. The City declares and agrees that its use of the leased premises as a public golf course does not constitute grounds for reversion of such premises to the City of Grand Island. Subsection 14.07 License Fees and Permits. The City shall obtain and pay for all licenses, permits, fees or other authorization or charges as required under federal, state or local laws and regulations insofar as they are necessary to comply with the requirements or this agreement and the privileges extended hereunder. Subsection 14.08 Non Exclusive Rights. It is hereby specifically understood and agreed between the parties that nothing herein contained shall be construed as granting or authorizing the granting of exclusive rights to the City or others as prohibited by federal law, rule and regulation. Subsection 14.09 Paragraph Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of the Agreement. Subsection 14.10 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of Nebraska. Should any part of this agreement be adjudicated, venue shall be proper only in the District Court of Hall County, Nebraska. Subsection 14.11 Non-Waiver. No waiver of any condition or covenant in this instrument contained or of any breach thereof, shall be taken to constitute a waiver of any subsequent condition, covenant or breach. Subsection 14.12 Severability. If any term or provision of this lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 14 Subsection 14.13 Binding Effect. This lease, including all of its covenants, terms, provisions and conditions, shall be binding upon an inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Subsection 14.14 No Partnership. Nothing contained in this lease shall be deemed to create the relationship of principal and agent or of partnership or joint venture or any relationship between the Authority and City other than the relationship of the Authority and City. Subsection 14.15 Notices. Whenever any notice or payment is required by this agreement to be made, given or transmitted to the parties hereto, such notice or payment shall be enclosed in an envelope with sufficient postage attached to insure delivery and deposited in the United States Mail, to Authority addressed to: Executive Director Hall County Airport Authority Central Nebraska Regional Airport 3743 Sky Park Road Grand Island, NE 68801 and notices, consents and approvals to the City addressed to: Mayor City of Grand Island, Nebraska P.O. Box 1968 Grand Island, NE 68802 or such place as either party shall, by written directive, designate in the manner herein provided. 15 IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on their behalf by their duly authorized officers the day and year above written. HALL COUNTY AIRPORT AUTHORITY CITY OF GRAND ISLAND, NEBRASKA BY____________________________ BY____________________________ EXECUTIVE DIRECTOR MAYOR ATTEST: ATTEST: BY____________________________ BY_____________________________ SECRETARY CITY CLERK 16 EXHIBIT A LEGAL DESCRIPTION OF LEASED PREMISES A tract of land comprising part of the Northeast Quarter (NE1/4), part of the North Half of the Southeast Quarter (N1/2 SE1/4), part of the North Half of the Northeast Quarter of the Southwest Quarter (N1/2 NE1/4 SW1/4), part of the Southeast Quarter of the Northwest Quarter (SE1/4 NW1/4), Section Two (2), Township Eleven (11) North; part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Thirty Five (35), Township Twelve (12) North; all being in Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Beginning at the northeast corner of said Section 2; thence running southerly along the east line of said Section 2 a distance of Three Thousand Three Hundred Five and Eight Tenths (3,305.8) feet to a point that is Six Hundred Forty Eight (648.0) feet north of the Southeast corner of said N1/2 SE1/4; thence running westerly, parallel to the south line of said N1/2 SE1/4 a distance of Two Thousand Six Hundred Thirty Nine and Nine Hundredths (2,639.09) feet to a point on the west line of said N1/2 SE1/4; thence running northerly along the west line of said N1/2 SE1/4 a distance of Nine and Thirty Eight Hundredths (9.38) feet to the southeast corner of said N1/2 NE1/4 SW1/4; thence running westerly along the south line of said N1/2 NE1/4 SW1/4 a distance of Two Hundred Eighteen and Five Tenths (218.5) feet; thence deflecting right 80°48'30" and running northwesterly a distance of One Thousand Four Hundred Thirty One and Two Tenths (1,431.2) feet; thence deflecting right 98°28' and running easterly a distance of Four Hundred Fifty and Forty Four Hundredths (450.44) feet; thence deflecting left 45°00'10" and running northeasterly a distance of Three Thousand Three Hundred Seventy-six and Fifteen Hundredths (3,376.15) feet; thence deflecting right 44°29'30" and running easterly a distance of One Hundred Ninety (190.0) feet to a point on the east line of said SE1/4 SE1/4, Section 35, thence deflecting right 90°01' and running southerly along the east line of said SE1/4 SE1/4, Section 35 a distance of Five Hundred Fifty One and Thirty Three Hundredths (551.33) feet to the point of beginning and containing 174.46 acres more or less 17 EXHIBIT B GOLF COURSE RENT SCHEDULE (Based on Yearly 3% Increase) Amt Increase New Rent,AmtYear 2006 $ 15,701.40 2007 $ 471.04 $ 16,172.44 2008 $ 485.17 $ 16,657.62 2009 $ 499.73 $ 17,157.34 2010 $ 514.72 $ 17,672.06 2011 $ 530.16 $ 18,202.23 2012 $ 546.07 $ 18,748.29 2013 $ 562.45 $ 19,310.74 2014 $ 579.32 $ 19,890.06 2015 $ 596.70 $ 20,486.77 2016 $ 614.60 $ 21,101.37 2017 $ 633.04 $ 21,734.41 2018 $ 652.03 $ 22,386.44 2019 $ 671.59 $ 23,058.04 2020 $ 691.74 $ 23,749.78 2021 $ 712.49 $ 24,462.27 2022 $ 733.87 $ 25,196.14 2023 $ 755.88 $ 25,952.02 2024 $ 778.56 $ 26,730.58 2025 $ 801.92 $ 27,532.50 2026 $ 825.97 $ 28,358.47 Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-97 WHEREAS, the City of Grand Island has leased land from the Hall County Airport Authority for a number of years for use as a municipal golf course; and WHEREAS, the current lease agreement is set to expire on April 30, 2006; and WHEREAS, it is advantageous to both parties that the land continue to be used for a municipal golf course; and WHEREAS, a proposed new lease agreement for approximately 174.46 acres of land for a period of twenty years has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Golf Course Lease Agreement by and between the City and the Hall County Airport Authority is hereby approved; and 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, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2006-98 - Approving Acquisition of Utility Easements - Stuhr and Swift Roads - Swift Beef Plant This item relates to the aforementioned Public Hearing Item E-4. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-98 WHEREAS, public utility easements are required by the City of Grand Island, from Swift Beef Company, a Delaware corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on March 28, 2006, for the purpose of discussing the proposed acquisition of easements and rights-of-way as identified below: Tract 1: A part of Lot Forty Six (46) Industrial Addition to the City of Grand Island, Hall County, Nebraska, the utility easement and right-of-way being more particularly described as follows: The southerly thirty (30.0) feet of the northerly one hundred fifty (150.0) feet of the westerly fifty five (55.0) feet of the easterly ninety five (95.0) feet of Lot Forty Six (46) Industrial Addition. The above-described easement and right-of-way containing 0.038 acres, more or less, as shown on the plat dated March 6, 2006, marked Exhibit "A", attached hereto and incorporated herein by reference. Tract 2: A part of Lot Fifty (50) Industrial Addition to the City of Grand Island, Hall County, Nebraska, the centerline of the twenty (20.0) foot wide easement and right-of-way being more particularly described as follows: Beginning at a point on the southerly line of Swift Road, said point being seventy (70.0) feet south and thirty seven and ninety five hundredths (37.95) feet west of the northeast corner of Lot Fifty (50) Industrial Addition; thence southerly and parallel with the easterly line of said Lot Fifty (50) Industrial Addition, a distance of twenty nine and eighty hundredths (29.80) feet; thence easterly and parallel with the southerly line of said Swift Road; a distance of thirty and seventy one hundredths (30.71) feet. The above-described easement and right-of-way containing 0.028 acres, more or less, as shown on the plat dated March 6, 2006, marked Exhibit "B", 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 public utility easements and rights-of way from Swift Beef Company, a Delaware corporation, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G16 #2006-99 - Approving Bid Award - 22.5 MVA Substation Transformers - Utilities Department Tuesday, March 28, 2006 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: March 28, 2006 Subject: Award of 22.5 MVA Substation Transformers Item #’s: G-16 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has five electric distribution substations connected to the 115,000 volt electric transmission loop. These substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution within the city. Phase One of the construction of two of the Substations, “E” and “F”, was completed in 2001. Substation “E” is located north of Swift, serving Swift, the Waste Water Treatment Plant, and the surrounding area as it develops. Substation “F” is located north of Menards, serving commercial and residential loads in that area. Grand Island designs its distribution substations to contain a pair of substation transformers and buses for distribution feeders. This provides redundancy and limits fault currents on the distribution system. Generally, substations are initially constructed (Phase One) with a single transformer. The second transformers are installed when the load growth dictates. The Electric Department is now in the process of purchasing the material required to add the second transformers and distribution buses at Substations “E” and “F” in anticipation of continued load growth in those areas. Discussion The transformers are the most expensive, and last, of the components necessary for expansion, and were included in the 05-06 Electric Department budget. Specifications were prepared for 22.5 MVA Substation Transformers . The Advertisement appeared in the Grand Island Independent on February 11, 2006. Bids were opened on March 14. Four firms offered to supply the transformers, as tabulated below: Two 22.5 MVA Substation Transformers Bidder Manufacturer Base Price Evaluated Cost VA TECH Ferranti-Packard VA Tech $1, 675,388.88 $2,115,726.88 Dutton-Lainson Co. Delta-Star $1,872,860.59 $2,404,530.59 Waukesha Electric Systems Waukesha $1,887,587.00 $2,374,687.00 Kuhlman Electric Corp. Kuhlman $1,943,708.00 $2,399,258.00 The apparent low bidder, VA Tech, is not licensed in Nebraska to collect sales tax and submitted an “as read” bid of $1,565,784 which did not include sales tax. 7% tax was added, for bid comparison, and that tax addition is reflected in the Base Bid amount shown in the above tabulation. Other bidders included sales tax. Each of the proposed transformers was evaluated for losses over the expected life of the units, as is the Electric Department’s standard for transformer purchases. The tabulated Evaluated Cost figures include the life-of-unit losses costs. VA Tech bid a firm price. All other bidders included cost escalation factors based on various government materials indices. Since VA Tech, with a firm price, was the low bidder, escalation adders for the other three bids were not computed. Each bidder was required to provide certain spare parts as a part of the bid price. Bidders were also asked to provide a listing of any additional spares recommended but not specified, and costs for any specialty equipment required for transformer installation. After review, the Utilities Department recommends additional spare parts in the amount of $14,178 and an installation power supply rental in the amount of $7,500 be included in the VA Tech bid price. Additionally, VA Tech requested that a purchase order be issued if they are the successful bidder. That format is industry standard. The Legal Department has reviewed this request and, with incorporation of the specifications and bid documents, has determined that the purchase order contract form is acceptable. 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 award purchase of the 22.5 MVA Substation Transformers to VA Tech Ferranti Packard, the low compliant bid, in the amount of $1,587,462.00 which includes the additional spare parts and installation power supply, and that sales tax be remitted separately by the Utilities Department. Sample Motion Move that the VA Tech Proposal for two 22.5 MVA Substation Transformers be accepted and that the Electric Department be authorized to issue a Purchase Order in the amount of $1,587,462.00 for the purchase. 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: March 14, 2006 at 11:00 a.m. FOR: 22.5 MVA Substation Transformers (Re-Bid) DEPARTMENT: Utilities ESTIMATE: $2,000,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: February 11, 2006 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Waukesha Electric Systems Kuhlman Electric Corporation Waukesha, WI Versilles, KY Bid Security: Liberty Mutual Insurance Co. Hartford Casualty Insurance Co. Exceptions: Noted Noted Bid Price: $1,887,587.00 $1,943,708.00 Bidder: VA Tech Dutton-Lainson Company Ontario, Canada Hastings, NE Bid Security: Federal Insurance Co. Universal Surety Company Exceptions: Noted Noted Bid Price: $1,565,784.00 $1,872,860.59 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Burhl Gilpin, Assist. Utilities Dir. Phelps Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1059 Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-99 WHEREAS, the City of Grand Island invited sealed bids for Contract 06-PCC-01, 22.5 MVA Substation Transformers, according to plans and specifications on file at Phelps Control Center; and WHEREAS, on March 14, 2006, bids were received, opened and reviewed; and WHEREAS, VA Tech Ferranti Packard of St. Catharines, Ontario, Canada, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,587,462.00, which includes the additional spare parts and installation power supply. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the evaluated bid of VA Tech Ferranti Packard of St. Catharines, Ontario, Canada, in the amount of $1,587,462.00 for Contract 06-PCC-01, 22.5 MVA Substation Transformers, including additional spare parts and installation power supply is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2006-100 - Approving Agreement for Air Emissions Monitoring with HDR Engineering - Utilities Department Tuesday, March 28, 2006 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 Doug Walker, City Attorney Meeting: March 28, 2006 Subject: Approving Agreement for Air Emissions Monitoring with HDR Engineering Item #’s: G-17 Presenter(s): Gary R. Mader, Utilities Director Background On March 14, 2006, Utilities Department staff attended an informational meeting called by the Nebraska Department of Environmental Quality regarding the EPA Regional Haze Rule. This rule was created to determine air emissions by sources that cause visible haze in environmentally classified (Class I) areas. The closest Class I areas to Grand Island are the Badlands and Wind Cave National Parks in South Dakota. The NDEQ advised that potential sources in the state are required to provide computer based modeling to determine the extent to which they may contribute to haze in these Class I designated areas. The Rule requires power plant units placed in service between 1962 and 1977 to be modeled for emissions. Based on the operation date rules criteria, Burdick Station Power Plant boilers #2 and #3 are included. If modeling indicates contribution above a certain level, these units would be required to reduce emissions, either by a reduction in operation, or by adding control equipment. Protocol for the modeling must be provided to the NDEQ by April 15, 2006, with final modeling results submitted by July 15, 2006. Participants in the meeting were advised that the estimate of the actual computer run time for this complex modeling is two weeks. Discussion The required computer modeling is beyond the resources of the Electric Department. Therefore, Department staff contacted several consultants that have previously developed complex models in accordance with EPA criteria. Sargent & Lundy and Black & Veatch, two firms that have performed several large plant projects, indicated that they cannot perform this modeling and would need to find a subcontractor. Trinity Consultants, an environmental consultant, estimated a cost of $50,000 to perform this modeling. HDR, a consultant that assisted in the environmental permitting for the Burdick Station Combustion Turbine Project, also estimated a cost of $50,000 to perform the modeling, but advised that they were currently providing modeling services to a consortium of OPPD, NPPD, and the Fremont Utilities Department. HDR proposed to add Grand Island to this consortium, at an incremental cost, with the fee to be divided five to six ways, depending on the final amount of facilities needing the modeling results. The proposed cost to Grand Island will be based on actual costs, not to exceed $20,000. A copy of a proposed agreement with HDR is attached. The options are then: 1) to initiate modeling independently for only the Grand Island units at a cost estimated at $50,000 by two consultants capable of doing the project; or 2) join the consortium of Nebraska utilities currently developing the EPA required modeling at a not to exceed cost of $20,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to participate in the group air modeling with HDR for a not to exceed amount of $20,000 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 authorize the proposal from HDR Engineering, Inc., of Omaha to participate in the group regional haze rule modeling for an amount not to exceed $20,000. Sample Motion Motion to approve the proposal from HDR Engineering, Inc., of Minneapolis, MN to participate in the group regional haze rule modeling for an amount not to exceed $20,000. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-100 WHEREAS, the City of Grand Island was recently notified by the Nebraska Department of Environmental Quality (NDEQ) that they must comply with the Environmental Protection Agency (EPA) Regional Haze Rule; and WHEREAS, the regional haze rule was created to determine air emissions by sources that cause visible haze in environmentally classified (Class I) areas; and WHEREAS, potential sources of visible haze in the state are required to provide computer based modeling to determine the extent to which they may contribute to haze in these Class I designated areas; and WHEREAS, based on the operation date rules criteria, Burdick Station Power Plant boilers #2 and #3 are included; and WHEREAS, if modeling indicates contribution above a certain level, the City would be required to reduce emissions, either by a reduction in operation, or by adding control equipment; and WHEREAS, protocol for the modeling must be provided to the NDEQ by April 15, 2006, with final modeling results submitted by July 15, 2006; and WHEREAS, the required computer modeling is beyond the resources of the Electric Department, therefore several consultants were contacted that have previously developed complex models in accordance with EPA criteria; and WHEREAS, HDR Engineering, Inc. of Omaha, Nebraska, is currently providing modeling services to a consortium of OPPD, NPPD, and the Fremont Utilities Department, and has offered to add Grand Island to this consortium for actual costs, not to exceed $20,000; and WHEREAS, this option will allow the city to comply with the NDEQ rules in a cost effective manner; and WHEREAS, the proposed agreement with HDR Engineering, Inc. has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from HDR Engineering, Inc. of Omaha, Nebraska to participate in the group regional haze rule modeling for an amount not to exceed $20,000 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement with HDR Engineering, Inc. for such project on behalf of the City of Grand Island. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2006-101 - Approving Letter of Agreement between the Nebraska Children and Families Foundation and the Community Youth Council for Grant Funds Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Meeting: March 28, 2006 Subject: Nebraska Children and Families Foundation Agreement for 2006 Item #’s: G-18 Presenter(s): Wendy Meyer-Jerke, Public Information Officer Background The City of Grand Island has received a grant award from the Nebraska Children and Families Foundation since 1997 to fund Family Preservation and Support grant (Community Youth Council) programs that will benefit children, youth and families. A 1995 needs assessment identifies gaps in services to these populations and the Community Youth Council has received grant funding since 1997 to provide programs to meet the needs identified. The Community Youth Council program goals include reducing racism, strengthening families, reducing gang activities and reducing drug and alcohol use. In December, Community Development submitted a grant application and program plan for calendar year 2006. The grant request included continued funding for Youth Leadership Tomorrow and the Multicultural Coalition. Discussion The City received the agreement with the Nebraska Children and Families Foundation for continuation funding with the Family Preservation and Support Program (Community Youth Council). The agreement is for the time period between January 1, 2006 and December 31, 2006 in the amount of $25,000 to fund efforts to support the Hall County Youth Leadership Tomorrow program, to financially support the efforts of the Multicultural Coalition Center, and to cover some of the administrative costs for the Community Youth Council. The City Administration and Community Youth Council recommend entering into an agreement with the Nebraska Children and Families Foundation for receipt of funding for the above mentioned programs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Letter of Agreement 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 give approval to enter into an agreement with the Nebraska Children and Families Foundation for a $25,000 grant to fund programs for children, youth, and families in Grand Island and Hall County. Sample Motion Motion to approve the agreement with the Nebraska Children and Families Foundation for a $25,000 grant to fund programs for children, youth and families in Grand Island and Hall County. Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-101 WHEREAS, the Nebraska Children and Families Foundation has recommended that the City of Grand Island be provided federal funds awarded to the Community Youth Council, City of Grand Island for implementation of family preservation and support services; and WHEREAS, a Letter of Agreement between the Nebraska Children and Families Foundation and the City of Grand Island for the Community Youth Council is required to set out the responsibilities of each party with respect to the use of funding for the implementation of such program; and WHEREAS, the City Attorney’s office has reviewed and approved such agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Letter of Agreement between the Nebraska Children and Families Foundation and the Community Youth Council, City of Grand Island for the use of grant funds in the maximum amount of $25,000 to finance programs of family preservation and support services as outlined in the agreement is hereby approved. 2. Wendy Meyer-Jerke is hereby authorized and directed to execute such agreement on behalf of the Community Youth Council, City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2006-102 - Approving Interlocal Agreement with Hall County for New Law Enforcement Center Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: March 28, 2006 Subject: Interlocal Agreement for New Law Enforcement Center Item #’s: G-19 Presenter(s): Steven Lamken, Police Chief Background The City is in the bidding process for the construction of a new law enforcement center for the Police Department and the Hall County Sheriff’s Office. An interlocal agreement addressing costs of operations of the new center has been drafted after review by the administration of both agencies, legal departments, and representatives from City and County Government. Discussion The proposed interlocal agreement provided for the sharing of costs for the operation of the new collocated law enforcement center. The agreement provides for the sharing of costs of ongoing operations such as utilities, maintenance and housekeeping in addition to establishing funding for future maintenance, equipment and furnishings costs. The Council participated in a joint City Council/County Board meeting to discuss concerns and or changes to the interlocal agreement. The presented agreement reflects the requested changes from the joint meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Interlocal Agreement 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 to approve the interlocal agreement. Sample Motion Motio n to approve the Interlocal Agreement for the new Law Enforcement Center with Hall County. INTERLOCAL AGREEMENT FOR THE CO-LOCATED CITY/COUNTY PUBLIC SAFETY CENTER BY AND BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND WHEREAS, it is in the best interest of Hall County, Nebraska, hereinafter referred to as “Hall County” or “County” to participate in a joint law enforcement center with the City of Grand Island, Nebraska, hereinafter referred to as “City” or “Grand Island”; and WHEREAS, it is in the best interest of Grand Island to participate in a joint law enforcement center with the County; and WHEREAS, the County and the City wish to enter into such an agreement pursuant to the terms of the Interlocal Cooperation Act, Neb. Rev. Stat., §13-801 through §13-827, as authorized under the laws of the State of Nebraska; and WHEREAS, the Hall County Board of Supervisors has reviewed this agreement and has passed a resolution approving the same and authorizing the chairman thereof to execute this agreement; and WHEREAS, the Grand Island City Council has reviewed this agreement and passed a resolution approving the same and authorizing the Mayor of the City to execute this agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, each of the parties hereby intend to be bound by this document and agrees as follows: I. GENERAL TERMS A. Term of Agreement. The term of this agreement shall be perpetual, unless terminated as provided in this document hereafter. B. Purpose of Agreement. The purpose of this agreement is to provide the terms for the shared use of a public safety center building. The City of Grand Island shall construct a joint law enforcement facility which shall be occupied by members of the Hall County Sheriff’s Office and the Grand Island Police Department. The County and City hereby agree that law enforcement information management services and law enforcement property and evidence services shall be provided for both agencies in a combined manner as set forth in Interlocal Agreements between the parties hereto. II. LAW ENFORCEMENT CO-LOCATION COMMITTEE A. Establishment of Committee. Combined services will be regulated by a board to be known as Law Enforcement Co-Location Committee (hereinafter referred to as “Committee”), which shall be responsible for advising the cooperative undertaking of the combined services. The Committee shall consist of six (6) members, one from the Hall County Board of Supervisors, one from the City Council of Grand Island, the Hall 2 County Sheriff (hereinafter referred to as “Sheriff”), the Grand Island Chief of Police (hereinafter referred to as “Chief”) and one resident of the City of Grand Island to be appointed by the Mayor of Grand Island and one resident of Hall County to be appointed by the Chairman of the Hall County Board of Supervisors. B. Committee Responsibilities. The Committee shall be advisory in nature and shall have the responsibility to make recommendations to the governing bodies of the City and County regarding policies for the use of the shared facility. C. Legal Entity. There shall be no separate legal entity formed to conduct this cooperative undertaking. III. LAW ENFORCEMENT INFORMATION MANAGEMENT SYSTEM A. Administration. Hall County shall be responsible for the administration of combined law enforcement information management systems for the Hall County Sheriff’s Office and the Grand Island Police Department. B. Interlocal Agreement. The duties and responsibility of Hall County to provide law enforcement information management systems shall be in accordance with the Interlocal Agreement signed on August 6, 2001, or as hereinafter revised or amended from time to time, between Hall County and the City of Grand Island as attached hereto and incorporated herein by reference as Exhibit “1”. IV. LAW ENFORCEMENT EVIDENCE AND PROPERTY SERVICES A. Administration. The City of Grand Island shall be responsible for administration of combined law enforcement evidence and property services. B. Interlocal Agreement. The duties and responsibilities of the City of Grand Island shall include, but not be limited to the provisions of an Interlocal Agreement to be signed at a later date. V. FACILITY USE AGREEMENT A. Conveyance of Real Estate. The City of Grand Island and Hall County agree to locate law enforcement operations in a public safety center building to be located on a tract of land currently owned by the County and which shall be conveyed to the City on East Highway 30 as describe in Exhibit “3” as attached to this agreement and incorporated herein by reference. This real estate shall be conveyed to the City of Grand Island for One Dollar ($1.00) and in consideration of the benefits granted to the County for the use of the facility as set forth in this agreement which provides for the City to make space available for the Hall County Sheriff’s Department. The real estate shall be conveyed by the County prior to the City beginning construction of the public safety center building. The County agrees that its Board of Supervisors shall pass all necessary resolutions and 3 take any other action required by Nebraska Statutes to legally transfer this real estate to the City by warranty deed, conveying a marketable fee simple title free and clear of liens and encumbrances. City shall obtain and pay for title insurance prior to accepting this real estate to verify that it is receiving a marketable title. B. Surveying. Grand Island shall retain and pay for a surveyor to survey the real estate that it is to receive from Hall County for the Public Safety Center. Grand Island’s employees and contractors shall have access to this property for surveying and performing soil tests to determine that the land is suitable to use for constructing a public safety center building. C. Construction of Building. The City of Grand Island hereby agrees to construct a building of approximately 44,700 square feet to be used as a law enforcement public safety center on the land conveyed to the City of Grand Island as set forth in V(A) above. The City of Grand Island will finance and pay for this facility. D. Ownership of Building. The City of Grand Island shall be the owner of the public safety center building and in the event that this agreement is terminated pursuant to the terms of paragraph VIII(A), Hall County shall not have any right, title or interest in the real estate. E. Furnishings. The City of Grand Island shall provide the Hall County Sheriff’s Office furnished office and work space to include, but not necessarily be limited to administration, supervision, civil process, crime prevention, education and investigation services. Furnishings shall be defined as items such as desks, chairs, tables, filing cabinets, bookcases, and systems furnishings. Existing furnishings moved to the new facility shall continue to be owned by that agency. New furnishings purchased by the City for the facility shall be owned by the City. F. Equipment. Equipment shall be defined as electronic, information technology, or other office equipment such as computers, printers, typewriters, cash registers, etc. Equipment shall be owned by the individua l agency and be the responsibility of the individual agency except for jointly used equipment such as photocopiers. The City shall be responsible for providing and paying for the operations of joint use equipment including purchase and or lease, supplies, maintenance and paper. The County shall pay thirty percent (30%) of the costs for the operations of joint use equipment. The City shall bill the County on a quarterly basis for the cost of joint use equipment. G. Telephone Equipment. The City shall provide equipment and telephone lines in the facility to provide telephone and voice mail services to both agencies. This equipment shall be maintained and replaced with funds from the annual renovation and replacement reserve fees. The County shall pay thirty percent (30%) of the regular reoccurring telephone billing costs for lines and services. Each agency shall be responsible for their individual long distance service charges. This agreement does not cover cellular, mobile, or other phone services that are no t provided through transmission lines into the facility. H. Shared Facility Video and A/V Equipment. The City shall be responsible for providing video and A/V equipment in the common use rooms of the facility. These rooms shall include the conference rooms, briefing room, lounge, physical fitness room, and the multipurpose/training rooms. The equipment for these rooms shall be maintained and replaced with funds from the Annual Renovation and Replacement Fees in V(J) of this 4 agreement and any additional monies needed to maintain and replace this equipment shall be paid by the City. I. Common Areas/Shared Space. The City of Grand Island shall further provide the Hall County Sheriff with the use of other space in the facility on a shared use basis between the Hall County Sheriff’s Office and the Grand Island Police Department. Shared space shall be used in a cooperative manner. Shared space shall include but not necessarily be limited to lockers, lounge and break area, briefing, training, report preparation, interview and interrogations, storage, evidence and property, exercise and physical fitness, conference and meeting rooms, restrooms, lobby and hallways, garage and parking. J. Annual Renovation and Replacement Reserve Fee. The County and the City shall each pay an annual fee of Twenty Five Thousand Dollars ($25,000.00) Which shall be due on October 1, 2007 and on October 1st of each year thereafter into a Renovation and Replacement Reserve Fund. The annual payment shall be reduced by an equal amount for both the County and the City if said payment causes the reserve fund to exceed Five Hundred Thousand Dollars ($500,000). This fund shall be used by the City for equipment, furnishings and renovation to the law enforcement facility building. Any fees in the Renovation and Reserve Fund upon the termination of this agreement shall be retained by the City of Grand Island. K. Adjustment of Annual Fee. The annual fee as set forth in V(J) above may be adjusted by the City of Grand Island on an annual basis if approved by the Law Enforcement Co- Location Committee. The City shall be allowed to adjust the annual renovation and replacement reserve fee by increments of not to exceed 10%. Grand Island shall notify Hall County in writing by August 1st of each year of any changes in the annual renovation and replacement reserve fee for the next year. The City shall provide information pertaining to the reasons for any adjustment in the fee. L. Maintenance and Operational Expenses. The City of Grand Island shall be responsible for the maintenance of the law enforcement center building. Grand Island shall provide the Hall County Sheriff building maintenance, including maintenance of the structure and all systems of the building, housekeeping, remodeling and Utilities, excluding long distance telephone services. Maintenance and operation expenses shall be divided with the City paying 70% of these expenses and the County paying 30%. The projected operating budget for the first fiscal year for the county’s 30% share is estimated to be $58,000.00. M. Quarterly Operating Expense Statement and Requirements for Payment. Grand Island shall provide the County with costs of maintenance and operation of combined services as set forth in V(L) above, on a quarterly basis. Hall County agrees to make payments to Grand Island on a quarterly basis. The first quarter shall begin on the first day of October. Each quarter shall consist of three calendar months in length based upon the first quarters beginning date. The initial payment for combined services shall be based upon that portion of any quarter in which the combined service begins to be provided. Payments will be made for the first three quarters based upon the budgeted amount for the first fiscal year of $58,000, which will be $14,500 for each of the first three quarters; the fourth quarter payment will be adjusted based upon actual expenditures for that fiscal year. Payments shall be made by the County to the City within forty-five (45) days of the completion of any quarter. 5 N Adjustment of Cost Sharing. The City of Grand Island or Hall County may initiate a review and adjustment of the percentages and costs of combined services as set forth in paragraph V(L) above. The initial term of this agreement shall be in effect for the two (2) fiscal years after the beginning of combined service before a review and adjustment may be made. The City or the County may initiate a review and adjustment every two (2) years thereafter. A review and adjustment must be made and completed by June 1 of the year preceding completion of the above two year period. VI. ACCESS AND DRIVEWAY A. Private Driveway Construction and Acknowledgement of Easement. A private driveway and ancillary storm sewer infrastructure will be constructed from the south side of U.S. Highway 30 into the Luzenac Fourth Subdivision of the City of Grand Island. This driveway will be located on an Ingress and Egress Easement shown on the plat for the Luzenac Fourth Subdivision in the City of Grand Island, Nebraska, as filed October 14, 2005. The City and the County each acknowledge that this Ingress and Egress Easement as shown on the plat is partially on Lot One (1), Luzenac Fourth Subdivision which will be conveyed by the County to the City; and that a portion of this Ingress and Egress Easement is on Lot Two (2), Luzenac Fourth Subdivision which is owned by the County. City and County each accept and acknowledge this easement as a valid perpetual Ingress and Egress Easement to provide access to their respective properties. B. Cost Sharing for Driveway Construction. The private driveway to be constructed on the Ingress and Egress Easement referenced in paragraph VI(A) above will provide equal access to the City and County properties in Luzenac Fourth Subdivision in the City of Grand Island, Nebraska. The City and County hereby agree to share equally the expense of installing water and sanitary sewer mains, the concrete road, curb, gutter and storm sewer that serves the driveway, as well as all ancillary expenses of connecting the driveway to U.S. Highway 30, including, but not limited to, the cost of any traffic light or other traffic control measures. Said driveway and infrastructure shall be engineered to specifications established by the City of Grand Island Public Works Department. VII. DUPLICATION OF COMBINED SERVICES PROHIBITED There shall be no duplication of combined services as set forth in this agreement by any party subject to this Interlocal Agreement. VIII. TERMINATION A. Notice of Termination. Hall County or the City of Grand Island may terminate this agreement effective on the 1st day of October in any year after 2011; provided however, written notice of such termination must be delivered to the other party not less than three hundred sixty (360) days before said termination is to become effective. 6 B. Property Ownership. There shall be no jointly held property acquired pursuant to this agreement. Any property in this facility shall be held by the acquiring party and shall belong to said party upon termination of this agreement. PASSED and approved this _______ day of _______________________, 2006. Attest: HALL COUNTY BOARD OF SUPERVISORS, ________________________________ By:___________________________________ Marla Conley, County Clerk James M. Eriksen, Chairman PASSED and approved this _______ day of _______________________, 2006. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-102 WHEREAS, the City is planning for the construction of a new law enforcement center for the Police Department and the Hall County Sheriff's office; and WHEREAS, the costs to operate and maintain the building will be shared between the Police Department and Sheriff's office, as well as for providing funding for future maintenance, equipment and furnishings; and WHEREAS, an Interlocal Agreement for such funding costs has been drafted; and WHEREAS, on March 7, 2006, a joint City Council / County Board meeting was held to discuss the proposed interlocal agreement; and WHEREAS, as a result of such joint meeting, changes were made to the interlocal agreement, and it is now recommended for final approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City and the County of Hall for the sharing of costs for the operation of the new co-located law enforcement center is hereby approved; and 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, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2006-103 - Approving Establishment of Designated Truck Routes This item relates to the aforementioned Ordinance Item F-7. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-103 WHEREAS, the City Council, by authority of Section 22-76 of the Grand Island City Code, may by resolution, designate truck routes upon the streets of the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that truck routes within the City of Grand Island are designated as follows: Street From To Abbott Road 1/2 mile west of Sky Park Road (west city limits) Sky Park Road Abbott Road Quandt Road Approx. 1/2 mile east of Quandt Road (east city limits) Adams Street Stolley Park Road Anna Street Airport Road 1/4 mile west of Sky Park Road (west city limits) Sky Park Road Airport Road Shady Bend Road Approx. 1/2 mile east of Shady Bend Road (east city limits) Anna Street Broadwell Avenue Locust Street Bismark Road Locust Street 400 feet east of Stuhr Road (east city limits) Bismark Road 3,600 feet east of Stuhr Road [west BNSF railroad right-of-way] (city limits) 3,911 feet east of Stuhr Road [east BNSF railroad right-of-way] (city limits) Blaine Street U.S. Highway 34 Stolley Park Road Blaine Street / Custer Avenue Second Street Old Lincoln Highway Broadwell Avenue Anna Street 1/4 mile north of Roberts Street (north city limits) Capital Avenue U.S. Highway 281 1/2 mile east of Sky Park Road (east city limits) - 2 - Street From To Eddy Street Oklahoma Avenue State Street Elm Street Second Street Fourth Street Engleman Road Husker Highway 400 feet north of North Lane (north city limits) Engleman Road 200 feet south of Lariat Lane (city limits) 1,000 feet north of Michigan Avenue (north city limits) Fonner Park Road Adams Street Stuhr Road Fourth Street Eddy Street Sky Park Road Gold Core Drive Wildwood Drive Schimmer Drive Husker Highway North Road 1/4 mile east of North Road (city limits) Husker Highway Prairieview Street (city limits) U.S. Highway 281 Juergen Road Wildwood Drive Schimmer Drive Lincoln Avenue Second Street North Front Street Locust Street Wood River Floodway (south city limits) Charles Street Nebraska Highway 2 1/4 mile west of Independence Avenue (west city limits) U.S. Highway 281 Nebraska Highway 2 – city route U.S. Highway 281 Broadwell Avenue North Road Husker Highway Stolley Park Road North Front Street Broadwell Avenue Elm Street Oak Street South Front Street Fourth Street Oklahoma Avenue Adams Street Locust Street Old Highway 30 West intersection with U.S. Old Potash Highway / Old Lincoln - 3 - Street From To Highway 30 Highway intersection Old Lincoln Highway Old Highway 30 / Old Potash Highway intersection Broadwell Avenue Old Potash Highway 540 feet west of Arapahoe Avenue (west city limits) Old Lincoln Highway / Old Highway 30 intersection Platte Valley Boulevard U.S. Highway 281 Juergen Road Quandt Road Abbott Road 1/4 mile north of Abbott Road (city limits) Schimmer Road 1/2 mile west of U.S. Highway 281 (west city limits) 230 feet of Scheel Road (east city limits) Second Street Webb Road Grant Street Shady Bend Road Arabian Circle (city limits) Bronco Road (city limits) Shady Bend Road Approx. 1/2 mile north of Bismark Road (city limits) 880 feet south of Gregory Avenue (city limits) Shady Bend Road 231 feet south of Gregory Avenue (city limits) 300 feet north of Shady Bend Way (city limits) Shady Bend Road 350 feet north of U.S. Highway 30 (city limits) UPRR south right-of-way (city limits) Shady Bend Road 1,910 feet north of Capital Avenue (city limits) Airport Road Sky Park Road Seventh Street White Cloud Road St. Paul Road Fourth Street Capital Avenue Stolley Park Road 920 feet west of Freedom Drive (west city limits) Stuhr Road Stuhr Road 270 feet south of the north intersection with Stolley Park Road (south city limits) U.S. Highway 30 Sycamore Street First Street Fourth Street - 4 - Street From To Third Street Blaine Street Broadwell Avenue U.S. Highway 30 West city limits Grant Street U.S. Highway 30 (2nd Street) Grant Street Greenwich Street - 5 - U.S. Highway 30 [eastbound] (Greenwich Street) Second Street First Street U.S. Highway 30 (1st Street and 2nd Street) Greenwich Street Plum Street U.S. Highway 30 Plum Street 270 feet west of Shady Bend Road (east city limits) U.S. Highway 34 (Husker Highway) U.S. Highway 281 Approx. 1/2 mile east of U.S. Highway 281 [UPRR west right-of- way] (city limits) U.S. Highway 34 (Husker Highway) Approx. 1/2 mile west of Locust Street (city limits) 1/4 mile east of Locust Street (east city limits) U.S. Highway 34 / 281 Milepost No. 228.91 [1/4 mile sout of Wildwood Drive] (south city limits) Milepost No. 231.16 (Husker Highway) U.S. Highway 281 Milepost No. 67.6 (Husker Highway) Milepost No. 72 (Nebraska Highway 2) (north city limits) Vine Street First Street 3rd Street Vine Street (South Front Street) Third Street Oak Street Walnut Street Charles Street Second Street Webb Road South intersection with U.S. Highway 281 1,410 feet north of Nebraska Highway 2 [city route] (city limits) Webb Road 900 feet south of the north intersection with U.S. Highway 281 (city limits) 240 feet south of the north intersection with U.S. Highway 281 (city limits) White Cloud Road Sky Park Road 2,060 feet east of Sky Park Road (east city limits) Wildwood Drive 380 feet west of Elk Drive (west city limits) 610 feet east of Gold Core Drive (east city limits) - 6 - - 7 - BE IT FURTHER RESOLVED, that this resolution supercedes any and all other resolutions establishing or amending truck routes for the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of the Request from Bosselman, Inc. for Approval of a Ground Sign Exceeding 50' in Height Located at 7301 Bosselman Avenue Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: March 28, 2006 Subject: Request of Bosselman Inc. for Approval of a Ground Sign Exceeding 50’ in Height at 7301 Bosselman Avenue Item #’s: H-1 Presenter(s): Craig Lewis, Building Department Director Background This request is for Council approval to allow for the placement of a ground sign at 7301 Bosselman Ave. which exceeds the height restrictions specified in the City code. The City code, section 31-25, requires that ground signs exceeding 50 feet in height shall not receive a permit until such issuance has been authorized by the Mayor and the City Council. The Building Department notified Bosselman Inc. in writing on June 27, 2005 of the requirements for this sign and sent a violation notice on February 10, 2006 requesting compliance. A letter from Bosselman Inc. seeking approval was received on March 1, 2006. Discussion The City code regulating ground signs requires that any sign proposed to exceed 50 feet in height must receive approval of the City Council and the applicant shall submit the following for review and consideration by the mayor and council: i. A drawing showing the height, width, elevations, and electrical details of such sign; ii. Clear and convincing evidence that if the sign does not exceed fifty feet in height the owner will suffer undue hardship and that such hardship is not shared generally by other properties in the area; iii. Clear and convincing evidence that the proposed sign will not be of substantial detriment to adjacent properties and the character of the surrounding area will not be changed by the erection of the proposed sign. The City Code also requires; c. Ground signs exceeding 50 feet in height shall be erected only on tracts of real estate adjacent to state and federal highways and occupied by the business advertised by the sign. d. No permit shall be issued for any sign exceeding 100 feet in height, measured from the ground level at the base of the sign to the top. e. In lieu of the permit fee set forth in 30-4, subsection3 of this chapter, upon the granting of a permit for erection or moving of a sign exceeding fifty feet in height, the applicant shall pay a fee of $250.00 to the City. f. All other provisions of the Grand Island City Code pertaining to signs which are not inconsistent with this section shall apply to ground signs exceeding fifty feet in height. The application submitted is for a ground sign 14’x18’ at a height of 60’ above the adjacent grade. The location of the sign is not currently on the site of a principal building and Bosselman Inc. has submitted a request to amend the subdivision plat to include this sign location and bring the location into compliance with additional code restrictions. The location is adjacent to a federal highway system and in the letter submitted with the request reference is made to the justification of the height because of the vegetation along the river to the north of the property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request and authorize the issuance of a permit for the proposed sign. Sample Motion Motio n to approve the request for the proposed 60’ tall sign and authorize the Building Department to issue a permit for such sign. Item I1 #2006-104 - Approving Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 23, 2006 ¤ City Attorney R E S O L U T I O N 2006-104 WHEREAS, an application was filed by Venue I, Inc., doing business as Copa Cabana at 2850 Old Fair Road for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 18, 2006; such publication cost being $13.60; and WHEREAS, Tonia Reeser has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on March 28, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of Tonia Reeser as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 28, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of March 8, 2006 through March 28, 2006 The Claims for the period of March 8, 2006 through March 28, 2006 for a total amount of $4,799,769.20. A MOTION is in order. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of March 8, 2006 through March 28, 2006 The Claims for the Library Expansion for the period of March 8, 2006 through March 28, 2006 for the following requisitions. #23 $ 75.00 #24 $2,128.67 A MOTION is in order. Tuesday, March 28, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council