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08-08-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 08, 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 - Pastor George Oxford, First Church of the Nazarene, 1022 West 6th Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Presentation of the Community Redevelopment Authority (CRA) Budget Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council COMMUNITY REDEVELOPMENT AUTHORITY 2006-2007 ANNUAL BUDGET The CRA budget for 2006-2007 is offered to you with a review of the responsibilities of the CRA. Those responsibilities and abilities are outlined in State Statutes and are summarized, in part, as follows: The creation of Redevelopment Authorities was authorized by the Nebraska Legislature in order to provide communities with the ability to address certain areas of a city in need of improvement and development. Powers granted to Community Redevelopment Authorities are outlined in Chapter 18 of the Statutes and include the ability to expend funds to acquire substandard or blighted areas, make public improvements, and assist with development and redevelopment projects in specified areas. The Authority has virtually the same powers as any political subdivision, including borrowing money, issuing bonds, undertaking surveys and appraisals and asking for a levy of taxes. A five-member board, appointed by the Mayor with the approval of the City Council, governs the CRA. The CRA is administered by a Director and devotes the overwhelming share of its resources to highly visible and effective programs: including commercial façade improvements, removal of deteriorated structures, partnering with non-profit and go vernment community centers for improvements. The CRA funds its programs primarily through assessments on taxable properties within the Grand Island city limits. BLIGHTED AND SUBSTANDARD AREAS There are five (5) designated Blighted and Substandard Areas within the Grand Island City Limits. These are contiguous areas that range from the southern city limits along S. Locust Street to Capital Avenue and Sky Park Road near the Central Nebraska Regional Airport. A sixth area including Five Points, Eddy Street, Broadwell Avenue and 2nd Street West is currently being studied. FISCAL RESOURCES General Revenues for 2006-2007, The CRA is requesting property tax revenues of $492,540. Historically, the levies and tax asking have been: 2005-2006 2004-2005 2003-2004 2002-2003 2001-2002 $0.023625 $0.024287 $0.025325 $0.024721 $0.024721 $492,540 $457,391 $402,431 $388,713 $367,384 At the July 20, 2006 meeting, the Community Redevelopment Authority approved the proposed budget establishing a preliminary request of $0.022824 for each hundred dollars of valuation for an anticipated $492,540 based on an estimated taxable valuation of $2,158,000,000. Program Funding The Community Redevelopment Authority has the ability to assist private developers and governmental entities with the commercial, residential or mixed-use redevelopment projects throughout the City. Specific detail on projects is as follows: • Purchase of Dilapidated Properties/Infrastructure. The 2006-2007 budget includes $115,000 for the acquisition of substandard properties in the blighted and substandard areas and for the provision of infrastructure. • Facade Development $100,000 has been budgeted for the façade development program, including grants and interest buy down these projects are unidentified at this time. This program is available to all blighted and substandard areas. For the next year, $244,000 is already committed for façade improvements in the Downtown area • Other Committed Projects: $725,000 has been committed to projects including the Heartland Events Center, Central Nebraska Humane Society and Hall County. • Other Projects: $100,000 has been reserved for other projects in the blight and substandard areas. This funding can be assigned to specific projects including but not limited to infrastructure improvements in the blighted and substandard areas that would support larger redevelopment plans. CONCLUSION Grand Island has one of the most efficient and progressive Community Redevelopment Authorities across the state. A continued aggressive approach toward redevelopment will be the focus for the CRA in 2006-2007. The investments this community has made in housing, redevelopment efforts, infrastructure and economic development, bode well for the future of the community. This budget reflects the continued and changing needs of the community. The Community Redevelopment Authority is to be commended for the difference their dedication and vision is making in this community. 2004 2005 2006 2006 2007 Actual ACTUAL Revised Budget Projected Budget CONSOLIDATED Beginning Cash 1,159,196 1,110,533 1,139,803 601,250 786,055 REVENUE: Property Taxes 576,254 590,228 640,864 678,100 715,336 Loan Proceeds - Interest Income 14,416 15,926 9,000 17,320 10,000 Land Sales - 13,434 50,000 - 100,000 Other Revenue - 21,872 - 1,938 - TOTAL REVENUE 590,670 641,460 699,864 697,358 825,336 TOTAL RESOURCES 1,749,866 1,751,993 1,839,667 1,298,608 1,611,391 EXPENSES Auditing & Accounting 12,750 4,700 8,000 7,000 8,000 Legal Services 7,599 5,907 10,000 6,000 10,000 Consulting Services 1,250 8,000 15,000 5,000 15,000 Contract Services 26,323 22,716 50,000 40,000 50,000 Printing & Binding 984 555 1,500 800 1,500 Other Professional Services 3,250 - 5,000 2,000 5,000 General Liability Insurance - - - - - Legal Notices 314 474 1,000 600 1,000 Licenses & Fees 62 - - - - Travel & Training - - 1,500 - 1,500 Other Expenditures 149,008 - 500 100 500 Office Supplies 292 246 750 250 750 Supplies - - 500 - 500 Land - 17,521 200,000 165,000 115,000 Committed Façade Improvements 245,000 New Façade Improvement 221,655 195,699 150,000 100,000 100,000 South Locust 12,000 150,000 150,000 3,900 - Alleyway Improvement 7,674 - - - - Other Projects 59,276 61,948 500,000 - 100,000 Committed Other Projects 725,000 Property Taxes BID Fees 4,000 Property Management 2,000 Bond Principal 62,450 72,009 71,993 86,707 118,906 Bond Interest 74,446 72,415 72,674 95,196 103,890 TOTAL EXPENSES 639,333 612,190 1,238,417 512,553 1,607,546 INCREASE(DECREASE) IN CASH (48,663) 29,270 (538,553) 184,805 (782,210) ENDING CASH 1,110,533 1,139,803 601,250 786,055 3,845 LESS COMMITMENTS - - - AVAILABLE CASH 1,110,533 1,139,803 601,250 786,055 3,845 CHECKING 639,382 1,139,803 (78,750) 786,055 3,845 INVESTMENTS 471,151 - 680,000 - - Total Cash 1,110,533 1,139,803 601,250 786,055 3,845 COMMUNITY REDEVELOPMENT AUTHORITY FY 2006 - 2007 BUDGET 2004 2005 2006 2006 2007 Actual ACTUAL Revised Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2006 - 2007 BUDGET CRA GENERAL OPERATIONS: Property Taxes 440,206 456,540 492,540 492,540 492,540 Interest Income 14,173 15,695 9,000 17,000 10,000 Land Sales - 13,434 50,000 - 100,000 Other Revenue - 975 1,938 TOTAL 454,379 486,644 551,540 511,478 602,540 GILI TRUST Property Taxes 68,189 66,498 65,780 65,780 65,780 Interest Income - - Other Revenue - TOTAL 68,189 66,498 65,780 65,780 65,780 CHERRY PARK LTD II Property Taxes 64,425 66,094 59,180 59,180 59,180 Interest Income 216 141 180 - Other Revenue TOTAL 64,641 66,235 59,180 59,360 59,180 GENTLE DENTAL Property Taxes 3,433 4,202 4,202 4,202 Interest Income 28 13 5 - Other Revenue 1,734 TOTAL 3,461 1,747 4,202 4,207 4,202 PROCON TIF Property Taxes 19,162 19,162 19,162 Loan Proceeds - 95 Interest Income 72 Other Revenue 19,162 TOTAL - 19,234 19,162 19,257 19,162 WALNUT HOUSING PROJECT Property Taxes 1,096 37,236 74,472 Loan Proceeds - 6 40 Interest Income Other Revenue TOTAL - 1,102 - 37,276 74,472 TOTAL REVENUE 590,670 641,460 699,864 697,358 825,336 2004 2005 2006 2006 2007 Actual ACTUAL Revised Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2006 - 2007 BUDGET EXPENSES CRA GENERAL OPERATIONS: Auditing & Accounting 12,750 4,700 8,000 7,000 8,000 Legal Services 2,599 5,907 10,000 6,000 10,000 Consulting Services 1,250 8,000 15,000 5,000 15,000 Contract Services 26,323 22,716 50,000 40,000 50,000 Printing & Binding 984 555 1,500 800 1,500 Other Professional Services 3,250 - 5,000 2,000 5,000 General Liability Insurance - - 250 Legal Notices 314 474 1,000 600 1,000 Licenses & Fees Travel & Training - - 1,500 - 1,500 Other Expenditures 25 - 500 100 500 Office Supplies 292 246 750 250 750 Supplies - 500 - 500 Land 17,521 200,000 165,000 115,000 PROJECTS Façade Improvement 221,655 195,699 150,000 100,000 445,000 South Locust 12,000 150,000 150,000 3,900 - Alleyway Improvement 7,674 - 0 Other Projects 59,276 61,948 500,000 - 725,000 Property Taxes BID Fees 4,000 Property Management 2,000 TOTAL CRA OPERATING EXPENSES 348,392 467,766 1,093,750 330,650 1,385,000 GILI TRUST Bond Principal 34,470 37,279 37,279 37,279 37,279 Bond Interest 31,310 28,501 28,501 28,501 28,501 TOTAL GILI EXPENSES 65,780 65,780 65,780 65,780 65,780 CHERRY PARK LTD II Bond Principal 27,177 29,322 29,322 29,322 34,131 Bond Interest 32,003 29,858 29,858 29,858 25,049 TOTAL CHERRY PARK EXPENSES 59,180 59,180 59,180 59,180 59,180 GENTLE DENTAL Legal Services - - Bond Principal 803 1,735 1,735 1,735 1,987 Bond Interest 2,596 2,467 2,467 2,467 2,215 TOTAL GENTLE DENTAL 3,399 4,202 4,202 4,202 4,202 PROCON TIF Legal Services 5,000 - Licenses & Fees 61 - Other Expenditures 148,983 - Bond Principal 3,673 3,657 3,657 8,250 Bond Interest 8,538 11,589 11,848 11,848 10,912 TOTAL PROCON TIF 162,582 15,262 15,505 15,505 19,162 WALNUT HOUSING PROJECT Other Expenditures Bond Principal 14,714 30,934 Bond Interest 22,522 43,538 TOTAL WALNUT HOUSING PROJECT - - - 37,236 74,472 TOTAL EXPENSES 639,333 612,190 1,238,417 512,553 1,607,796 Item D1 #2006-BE-5 - Consideration of Determining Benefits for Water Main District No. 450 (Circle Drive Area) Tuesday, August 08, 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 Meeting: August 8, 2006 Subject: Water Main District 450 and Water Main District 451 – Circle Drive Area Item #’s: D-1, D-2, F-3, & F-4 Presenter(s): Gary R. Mader, Utilities Director Background The two referenced districts were created to serve the existing residents in an area south of Stolley Park Road and west of Blaine Street, in south central Grand Island, including parts of Stewart Place Subdivision; Stewart Place 4th Subdivision; and Elmer’s Subdivision. Water Main District 450 was created at the request of the property owner to serve a high density multi-family housing development on the east side of Circle Drive, and along Sunny Brooke Road and Stewart Drive. The majority of the properties within the district are under one ownership. Water Main District 451 is located along the westerly portion of Circle Drive. The properties are a combination of single family homes and multiple family units. The two districts were combined under one contract for construction to provide economy of scale on adjacent, connected districts. Attached for reference are copies of the district’s plats showing the project area. Discussion The construction of both districts were created using the “Assessment District” administration process. This is the standard method used by the City to recoup construction costs when mains are installed at the request of the area property owners in developed areas. The total project cost was $247,393.77. Of the total, the amount chargeable to Water Main District 450 is $114,849.54; the amount chargeable to District 451 is $99,945.50; and the remaining $32,598.73 is City cost for oversized mains and extending lines to the area. The calculation of assessments is based on the costs of construction for each district, apportioned equally to the residential structures within each district, adjusted for the number of service lines required. Since the area is a combination of single family homes and duplexes, the method assigned equal value for each domicile (residence in each district), plus the contract price for the service line(s) to each domicile (a duplex may have multiple services depending on the owners needs). The Water Department will finance the assessment costs for five years. The assessment payment schedule is set up with five annual installments at 7% simple interest on the outstanding balance. The first payment is due 50 days after the Council sets the assessments at the Board of Equalization (BOE) Hearing. Attached for reference are copies of the district’s costs, ownership records, and calculated assessments. 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 assessment amounts for Water Main District 450 and Water Main District 451 be set for the properties within the districts as tabulated on the attached listing. Sample Motion Motion to approve the assessment amounts for Water Main District 450 and Water Main District 451. WMD 451 Rev: 8-1-06a $3,271.95 $625.75 LOT BLK SUBDIVISION and ADDRESS DOMICILE $$$ + SERVICE $$$ TOTAL EST$ W 66' 7 1 Stewart Place Sub E 14' 8 1 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Victor G & Kala D Rojas, H & W 2908 Circle Dr, Grand Island, NE 68801 W 61' 8 1 Stewart Place Sub E 7' 9 1 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Jorl Lee & Kimberly Lynn Aden, H & W 2912 Circle Dr, Grand Island, NE 68801 W 68' 9 1 Stewart Place Sub E 6.33' 10 1 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Kent D & Theresa R Engelhardt, H & W 2918 Circle Dr, Grand Island, NE 68801 W 88' 10 1 Stewart Place Sub PT 11 1 Stewart Place Sub; (Duplex 2922 - 2924 Circle Dr) 1 3,271.95 1 625.75 3,897.70 See Document Michael R & Jean A Wilson, H & W `200205909 Co-trustees of the Michael R & Jean A Wislon Revocable Trust 2922 Circle Dr, Grand Island, NE 68801 PT 10 1 Stewart Place Sub PT 11 1 Stewart Place Sub; (Duplex 3002 - 3004 Circle Dr) 1 3,271.95 1 625.75 3,897.70 See Document Billy L & Rae Jeanne Bamesberger, H & W `200304597 302 Lakeside Drive, Grand Island, NE 68801 S 23' 11 1 Stewart Place Sub N 44' 12 1 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Dianne G & Neal E Kelley, H & W 2106 W Circle Dr. Grand Island, NE 68801 S 31' 12 1 Stewart Place Sub N 38' 13 1 Stewart Place Sub; 2116 S Circle Dr 1 3,271.95 1 625.75 3,897.70 Norbert M Wenzl, a single person 2116 Circle Dr, Grand Island, NE 68801 S 37' 13 1 Stewart Place Sub N 51 14 1 Stewart Place Sub; (Duplex 2122 - 2124 S Circle Dr) 1 3,271.95 2 1,251.50 4,523.45 Jerry L & Sharon K Skeen H & W and Roxie I Crist ( ea 1/2 undivided interest) 2122 Circle Dr, Grand Island, NE 68801 S 24' 14 1 Stewart Place Sub N 65' 15 1 Stewart Place Sub; (Duplex 2206 - 2208 S Circle Dr) 1 3,271.95 2 1,251.50 4,523.45 The Starostka Family Trust - Robert L & Rosella M Starostka H & W Trustees 1708 Doreen St, Grand Island, NE 68801 S 10' 15 1 Stewart Place Sub 16 1 Stewart Place Sub N 17' 17 1 Stewart Place Sub; (Duplex 2210 - 2212 S Circle Dr) 1 3,271.95 2 1,251.50 4,523.45 David R & Christine A Starostka H & W, and Danny & Janet Starostka H & W PO Box 5316, Grand Island, NE 68802 W 150' of 17 1 Stewart Place Sub; (Duplex 2214-2216, Duplex 2222-2224) 2 6,543.90 4 2,503.00 9,046.90 S 183' D & O Investments PO Box 5316, Grand Island, NE 68802 8 2 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Marietta Hofferber a single person & Cyndie L Larson a single person 2811 Circle Dr, Grand Island, NE 68801 9 2 Stewart Place Sub E 1/2 10 2 Stewart Place Sub; (Duplex 2817 - 2821 Circle Dr) 1 3,271.95 2 1,251.50 4,523.45 Shirley A Nielsen Revocable Living Trust, Shirley A Nielsen Trustee 2817 Circle Drive, Grand Island, NE 68801 W 1/2 10 2 Stewart Place Sub 11 2 Stewart Place Sub; (Duplex 2905 - 2911 Circle Dr) 1 3,271.95 1 625.75 3,897.70 John M & Sue L Cook H & W 2905 Circle Dr, Grand Island, NE 68801 12 2 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Todd & Alaina Verplank, H & W 2917 Circle Dr, Grand Island, NE 68801 1 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Ronald L & Una M VonBehren 2915 Circle Dr Grand Island, NE 68801 2 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Wauneta B McGown Trustee of the Wauneta B McGown Living Revocable Trust 2909 Circle Dr Grand Island, NE 68801 Ex E 2' 3 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Kenneth & Sandra Maret H & W 2903 Circle Dr Grand Island, NE 68801 6 3 Stewart Place Sub E 24' 7 3 Stewart Place Sub; (Duplex 2906 - 2910 Circle Dr) 1 3,271.95 1 625.75 3,897.70 Bryan D Fiala, a single person 2906 Circle Dr Grand Island, NE 68801 E 61' 7 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Diane J Beran, a single person 2914 Circle Dr Grand Island, NE 68801 8 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Nancy K Montgomery, asingle person 2920 Circle Drive Grand Island, NE 68801 9 3 Stewart Place Sub 1 3,271.95 1 625.75 3,897.70 Alan L Peterson, a single person 2926 Circle Dr Grand Island, NE 68801 PT 2 Elmer's Subdivision 2 6,543.90 0 0.00 6,543.90 See Kenneth & Jan Tell H & W Attached Darrold D & Peggy Jo Dannehl H & W 1019 W John St Grand Island, NE 68801 Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-BE-5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 450, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $114,849.54; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Water Main District No. 450, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Patrick & Susan Maginnis Lot 6 and east 9 feet of Lot 7, Block 1, Stewart Place Subdivision 3,897.70 Eugene L. & Ilene J. Pletcher Lot 7, Block 2, Stewart Place Subdivision 3,897.70 Harold C. & Lois L. Hudiburgh East 2 feet of Lot 3, and all of Lot 4, Block 3, Stewart Place Subdivision 3,897.70 Ronald L. & Una M. Vonbehren Lot 5, Block 3, Stewart Place Subdivision 3,897.70 Dynasty Enterprises, Inc. Lot 2, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 3, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 4, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 5, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 6, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 13, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 14, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 15, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 16, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 17, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 18, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 19, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 20, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 21, Stewart Place 4th Subdivision 7,089.91 TOTAL $114,849.54 RESOLUTION 2006-BE-5 - 2 - _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item D2 #2006-BE-6 - Consideration of Determining Benefits for Water Main District No. 451 (Circle Drive Area) This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 451, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $99,945.50; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Water Main Distric t No. 451, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Victor G. & Kala D. Rojas West 66 feet of Lot 7, Block 1 and East 14 feet of Lot 8, Block 1, Stewart Place Subdivision 3,897.70 Jori Lee & Kimberly Lynn Aden West 61 feet of Lot 8, Block 1 and East 7 feet of Lot 9, Block 1, Stewart Place Subdivision 3,897.70 Kent D. & Theresa R. Engelhardt West 68 feet of Lot 9, Block 1 and East 6.33 feet of Lot 10, Block 1, Stewart Place Subdivision 3,897.70 Michael R. & Jean A. Wilson Revocable Trust The westerly eighty-eight (88) feet of the easterly ninety- four and thirty-three hundredths (94.33) feet of Lot Ten (10), in Block One (1) Stewart Place Subdivision and a tract of land described as follows: Beginning at the northeast corner of Lot Eleven (11), Block One (1), Stewart Place Subdivision; thence running southerly along the east boundary line of Lot Eleven (11) a distance of twenty-two (22) feet; thence westerly, parallel to the north line of Lot Ten (10), a distance of fifty-eight (58); thence northerly, parallel to the east line of Lot Eleven (11), to a point on the northerly lot line of Lot Eleven (11); thence southeasterly along and upon the northerly lot line of Lot Eleven (11) to the point of beginning, all in the City of Grand Island, Hall County, Nebraska. 3,897.70 Billy L. & Rae Jeanne Bamesberger A tract of land comprising part of Lots Ten (10) and Eleven (11) in Block One (1) in Stewart Place Subdivision, being a part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty Nine (29) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of said Lot 10, Block 1, Stewart Place Subdivision; thence running southerly along and upon the westerly line of said Lots 10 and 11, a distance of 130.0 feet; thence running easterly parallel to the northerly line of said Lot 10, a distance of 92.0 feet; thence running northerly parallel to the westerly 3,897.70 RESOLUTION 2006-BE-6 - 2 - line of said Lots 10 and 11, a distance of 130.0 feet to the northerly line of said Lot 10; thence running westerly along and upon the northerly line of said Lot 10, a distance of 92.0 feet to the place of beginning AND a tract of land in Lots Ten (10) and Eleven (11), Block One (1), Stewart Place Subdivision in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the west line of said Lot Eleven (11), said point being 130 feet south of the northwest corner of said Lot Ten (10); thence easterly parallel to the north line of said Lot 10, a distance of 92.0 feet; thence southerly parallel to the west line of said Lot Eleven (11), a distance of 53.0 feet; thence westerly parallel to the south line of said Lot Eleven (11), a distance of 92.0 feet to a point on the west line of said Lot Eleven (11); thence north along the west line of said Lot Eleven (11), a distance of 53.0 feet, to the point of beginning. Dianne G. & Neal E. Kelley South 23 feet of Lot 11 and the north 44 feet of Lot 12, Block 1, Stewart Place Subdivision 3,897.70 Norbert M. Wenzl South 31 feet of Lot 12 and the north 38 feet of Lot 13, Block 1, Stewart Place Subdivision 3,897.70 Jerry L. & Sharon K. Skeen and Roxie I. Crist South 37 feet of Lot 13 and the north 51 feet of Lot 14, Block 1, Stewart Place Subdivision 4,523.45 The Starostka Family Trust South 24 feet of Lot 14 and the north 65 feet of Lot 15, Block 1, Stewart Place Subdivision 4,523.45 David R. & Christine A. Starostka and Danny & Janet Starostka South 10 feet of Lot 15, all of Lot 16, and the north 17 feet of Lot 17, Block 1, Stewart Place Subdivision 4,523.45 D & O Investments West 150 feet of South 183 feet of Lot 17, Block 1, Stewart Place Subdivision 9,046.90 Marietta Hofferber and Cyndie L. Larson Lot 8, Block 2, Stewart Place Subdivision 3,897.70 Shirley A. Nielsen Revocable Living Trust Lot 9 and the E1/2 of Lot 10, Block 2, Stewart Place Subdivision 4,523.45 John M. & Sue L. Cook W1/2 of Lot 10 and all of Lot 11, Block 2, Stewart Place Subdivision 3,897.70 Todd & Alaina Verplank Lot 12, Block 2, Stewart Place Subdivision 3,897.70 Ronald L. & Una M. VonBehren Lot 1, Block 3, Stewart Place Subdivision 3,897.70 Wauneta B. McGown Living Revocable Trust Lot 2, Block 3, Stewart Place Subdivision 3,897.70 Kenneth & Sandra Maret Lot 3, Block 3 (except east 2 feet), Stewart Place Subdivision 3,897.70 Bryan D. Fiala Lot 6 and the east 24 feet of Lot 7, Block 3, Stewart Place Subdivision 3,897.70 Diane J. Beran East 61 feet of Lot 7, Block 3, Stewart Place Subdivision 3,897.70 Nancy K. Montgomery Lot 8, Block 3, Stewart Place Subdivision 3,897.70 RESOLUTION 2006-BE-6 - 3 - Alan L. Peterson Lot 9, Block 3, Stewart Place Subdivision 3,897.70 Kenneth & Jan Tell and Darrold D. & Peggy Jo Dannehl Part of Lot 2, Elmer's Subdivision, more particularly described as follows: Beginning at the southwest corner of Lot Twelve (12) Stewart Place Subdivision in the city of Grand Island, Hall County, Nebraska, being a point on the easterly right-of-way line of Circle Drive; thence southerly along the southerly right-of-way line of said Circle Drive, a distance of one hundred eighty three and one tenth (183.1) feet; thence easterly along the easterly extension of the southerly line of Lot Seventeen (17) said Stewart Place Subdivision, a distance of one hundred (100.0) feet; thence northerly parallel with the easterly right-of-way line of Circle Drive, a distance of one hundred eighty three and one tenth (183.1) feet to the southerly line of said Stewart Place Subdivision; thence westerly along the southerly line of said Stewart Place Subdivision, a distance of one hundred (100.0) feet to the said point of beginning. 6,543.90 TOTAL $99,945.50 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of CXT/LB Foster for Conditional Use Permit to Extend the Temporary Use of Office Trailers Located at 710 East US Highway 30 Tuesday, August 08, 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: August 8, 2006 Subject: Request of James McCaslin of CXT/LB Foster Company for Approval of a Conditional Use Permit to Allow for the Continued Use of Two Temporary Buildings at 710 East Highway #30 Item #’s: E-1 & H-1 Presenter(s): Craig Lewis – Building Department Director Background This request is for approval of a conditional use to allow for the continued use of two temporary buildings at the above referenced site. In 1998 the City Council approved a two year conditional use permit to place these temporary buildings at the site to serve as office and break room facilities for the newly constructed fabrication plant. Subsequent approvals have been granted by the City Council on July 24, 2000 for two years, June 25, 2002 for two years, and June 7, 2004 for an additional two years. There have been four separate approvals bringing the duration of this temporary use to eight years. The recent request is for approval of an additional one year period ending in June of 2007. Discussion The City code allows for temporary buildings and uses if approved by the City Council in the form of a Conditional Use Permit. For the past eight years these buildings provided for temporary facilities. Twice within the past eight years, CXT has stated in the application for renewal that plans are either in the works or the buildings were intended to be replaced with permanent facilities. The current application request is for a one year approval and states that plans for permanent buildings are expected within the next 12 months. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties. 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 conditional use permit for an additional 12 month period. Sample Motion Motio n to approve the request of CXT/LB Foster for a conditional use permit for a temporary office and break room structure for a twelve month period. Item E2 Public Hearing on Acquisition of a Public Utilities Easement Located Along 1149 South Stuhr Rd (Amy Anderson) Tuesday, August 08, 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: August 8, 2006 Subject: Public Hearing and Approval for Acquisition of a Public Utilit ies Easement Located Along 1149 South Stuhr Rd (Amy Anderson) Item #’s: E-2 & G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. The Public Works Department needs to acquire an easement along the property of 1149 South Stuhr Road (Amy Anderson); behind 819 South Stuhr Road (Thomas and Faye Conlon). Thomas and Faye Conlon own the property at 819 South Stuhr Road. They have a private septic tank and leach field for treatment of their sewage waste. The Conlon’s would like to connect to city sewer as their septic system has not been fully functionable since they bought the property in 2003. They have been using a Laundromat to do laundry and have had the septic tank pumped several times in the last year. A sanitary sewer interceptor line is located in a 20’ wid e easement that is separated from the Conlon’s property by a 7’ strip of property owned by Amy Anderson. An easement is needed across Ms. Anderson’s property to allow the Conlon’s to connect to a manhole on the sanitary sewer interceptor. The property where the easement is needed is mostly weeds and contains no buildings. Discussion The Conlon’s have made numerous attempts over the last ten months to seek approval from Ms. Anderson for the easement. Ms. Anderson has stated that she would sign the easement documents but never has. The Conlon’s are requesting council approval of the easement. They are hopeful that Ms. Anderson will sign the easement document if she understands that the city supports connecting the Conlon’s to city sewer. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Utility Easement. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the Resolution for the acquisition of the Public Utility Easement. Sample Motion Motion to approve the acquisition of the Public Utility Easement. Item E3 Public Hearing on Acquisition of Hike/Bike Easement Located at 3645 South Locust Street (Judith K. Poland) Tuesday, August 08, 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: August 8, 2006 Subject: Easement Acquisition for Hike/Bike Trail at 3645 So. Locust Item #’s: E-3 & G-14 Presenter(s): Steve Paustian, Parks and Recreation Director Background A utility easement is in place for the above mentioned land. A hike/bike trail is designed to be constructed within this easement. Discussion A grant has been secured to extend the hike/bike trail from Hall County Park to connect to an existing trail segment located alone the west side of the Wal-Mart property. In order to make this connection it is necessary to use an existing utility easement located at 3645 South Locust for trail use. Currently the easement allows for utility uses only. It is now necessary to add a provision to the easement to allow for construction and maintenance of a hike/bike trail. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the modification to the existing easement to include trail construction and maintenance. Sample Motion Motion to approve modification to easement. Item E4 Public Hearing on Request of Delfino Vargas-Bernal dba Las Vegas Bar and Grill, 316 East 2nd Street for a Class "C" Liquor License Tuesday, August 08, 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: August 8, 2006 Subject: Public Hearing on Request of Delfino Vargas-Bemal dba Las Vegas Bar and Grill, 316 East 2nd Street for a Class “C” Liquor License Item #’s: E-4 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Delfino Vargas-Bernal dba Las Vegas Bar and Grill, 316 East 2nd Street 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. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 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 Delfino Vargas-Bernal dba Las Vegas Bar and Grill, 316 East 2nd Street for a Class “C” Liquor License with the stipulation that a state approved alcohol server/seller training program be completed by Mr. Vargas-Bernal. Sample Motion Move to approve the application of Delfino Vargas-Bernal dba Las Vegas Bar and Grill, 316 East 2nd Street for a Class “C” Liquor License with the stipulation that a state approved alcohol server/seller training program be completed by Mr. Vargas-Bernal. Item E5 Public Hearing on Proposed FY 2006-2007 City Single Budget Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: August 8, 2006 Subject: Public Hearing for FY 2006-2007 Single City Budget Item #’s: E-5 Presenter(s): Dave Springer, Finance Director Background The budget process for the City of Grand Island begins in April with internal budget compilation and culminates with the submittal of the final budget to the State Auditor in September. Following are accomplishments that have occurred: * Departments reviewed their current budgets and submitted 2006-2007 budget requests. * Outside Agencies were contacted to submit their budget requests for next year. * Requests were reviewed with each department by City Administration. * 2006-2007 budgets were adjusted to promote efficiencies and effectiveness. * Board review and approval took place for Business Improvement Districts, CRA, and Solid Waste Agency. * On June 20th, the City Council conducted a Study Session to review the proposed Fee Schedule, FTE requests and funding of Outside Agencies. * On July 11th, the City Council approved FTE Schedule, Outside Agency funding, and the 2006-2007 User Fee Schedule (except for utilities) * On July 25, the City Council conducted a public hearing and approved the Solid Waste Agency Budget and the budgets for Business Improvement Districts #3, #4, and #5 Discussion At the August 8th Council Meeting, the City Council is asked to conduct a public hearing on the proposed budget to allow for public input. The public hearing will be followed up by a Special Budget meeting on August 15th, where council will be able to ask questions and respond to information concerning the proposed budget and public input. At the August 15th meeting, the Council will be asked to make determination on the budget or set further meetings to move toward determination. Future steps concerning the budget include: August 15, 2006 Special Budget meeting August 22, 2006 Approve Fee Schedule for Utilities Adopt budget and approve lid limit increase September 12, 2006 Board of Equalization for BID’s Public hearing on General Property, Parking District #2, and CRA tax request Set Business Improvement District Assessments Establish Parking District #1 occupation tax request Establish property tax requests for General Property, Parking District #2, and CRA September 20, 2006 Submit Budget to State Auditor Recommendation The Council is asked to conduct the public hearing and take information from the citizens. After conducting the hearing, it is recommended that the City Council take the information under advisement for further discussion at the August 15th Special Budget Session The budget transmittal letter, a Budget in Brief”, and a draft document of the budget has been provided to Council on August 4th. If any further information is needed, please contact City Administration. Item F1 #9058 - Consideration of Vacating a 10’ Easement on Lots One (1) and Two (2) of Summerfield Estates 6th Subdivision (Little B’s Corporation) Tuesday, August 08, 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: August 8, 2006 Subject: Consideration of Vacating a 10’ Easement on Lots One (1) and Two (2) of Summerfield Estates 6th Subdivision (Little B’s Corporation) Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background Vacation of easements requires council action through passing of an ordinance. Discussion When sanitary sewer was constructed along Summerfield Avenue for the Summerfield Estate 3rd Subdivision, a sewer service was not built to serve the property east of Summerfield Avenue and south of Warbler Road, it would be served by a future Sanitary Sewer Main. When the lots for Summerfield Estates 5th Subdivision were platted, a sanitary sewer easement was needed to serve Lot No. 2. The developer reconfigured the lots with Summerfield Estates 6th Subdivision therefore the easement is no longer needed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the ordinance vacating the Utility Easement. 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 Ordinance for the vacation of the easement. Sample Motion Motion to approve the vacation of the Utility Easement. Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney ORDINANCE NO. 9058 An ordinance to vacate an existing easement located in a part of Lots One (1), Two (2), and Three (3), Block Two (2) in Summerfield Estates Fifth Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; 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. That the twenty (20.0) foot wide easement located in a portion of Lots One (1), Two (2) and Three (3), Block Two (2), Summerfield Estates Fifth Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby vacated. Such easement to be vacated is the easterly ten (10.0) feet of Lots One (1) and Two (2), Block Two (2), and the westerly ten (10.0) feet of Lot Three (3), Block Two (2), all in Summerfield Estates Fifth Subdivision as shown and more particularly described on Exhibit A attached hereto. * This Space Reserved for Register of Deeds * ORDINANCE NO. 9058 (Cont.) - 2 - SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 8, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9059 - Consideration of Assessments for Water Main District No. 450 (Circle Drive Area) This items relates to the aforementioned Board of Equalization Items D-1 & D-2. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney ORDINANCE NO. 9059 An ordinance to assess and levy a special tax to pay the cost of construction of Water Main District No. 450 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal 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. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said water main in said Water Main District 450, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * ORDINANCE NO. 9059 (Cont.) - 2 - Name Description Assessment Patrick & Susan Maginnis Lot 6 and east 9 feet of Lot 7, Block 1, Stewart Place Subdivision 3,897.70 Eugene L. & Ilene J. Pletcher Lot 7, Block 2, Stewart Place Subdivision 3,897.70 Harold C. & Lois L. Hudiburgh East 2 feet of Lot 3, and all of Lot 4, Block 3, Stewart Place Subdivision 3,897.70 Ronald L. & Una M. Vonbehren Lot 5, Block 3, Stewart Place Subdivision 3,897.70 Dynasty Enterprises, Inc. Lot 2, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 3, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 4, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 5, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 6, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 13, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 14, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 15, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 16, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 17, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 18, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 19, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 20, Stewart Place 4th Subdivision 7,089.91 Dynasty Enterprises, Inc. Lot 21, Stewart Place 4th Subdivision 7,089.91 TOTAL $114,849.54 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy. SECTION 3. The entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7%) per annum from the time of such levy until they ORDINANCE NO. 9059 (Cont.) - 3 - shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%) per annum shall be paid thereof, until the same is collected and paid. SECTION 4. The treasurer of the Cit y of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the "Water Fund 450". SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 8, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9060 - Consideration of Assessments for Water Main District No. 451 (Circle Drive Area) This items relates to the aforementioned Board of Equalization Items D-1 & D-2. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney ORDINANCE NO. 9060 An ordinance to assess and levy a special tax to pay the cost of construction of Water Main District No. 451 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal 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. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said water main in said Water Main District 451, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and lands as follows: * This Space Reserved for Register of Deeds * ORDINANCE NO. 9060 (Cont.) - 2 - Name Description Assessment Victor G. & Kala D. Rojas West 66 feet of Lot 7, Block 1 and East 14 feet of Lot 8, Block 1, Stewart Place Subdivision 3,897.70 Jori Lee & Kimberly Lynn Aden West 61 feet of Lot 8, Block 1 and East 7 feet of Lot 9, Block 1, Stewart Place Subdivision 3,897.70 Kent D. & Theresa R. Engelhardt West 68 feet of Lot 9, Block 1 and East 6.33 feet of Lot 10, Block 1, Stewart Place Subdivision 3,897.70 Michael R. & Jean A. Wilson Revocable Trust The westerly eighty-eight (88) feet of the easterly ninety- four and thirty-three hundredths (94.33) feet of Lot Ten (10), in Block One (1) Stewart Place Subdivision and a tract of land described as follows: Beginning at the northeast corner of Lot Eleven (11), Block One (1), Stewart Place Subdivision; thence running southerly along the east boundary line of Lot Eleven (11) a distance of twenty-two (22) feet; thence westerly, parallel to the north line of Lot Ten (10), a distance of fifty-eight (58); thence northerly, parallel to the east line of Lot Eleven (11), to a point on the northerly lot line of Lot Eleven (11); thence southeasterly along and upon the northerly lot line of Lot Eleven (11) to the point of beginning, all in the City of Grand Island, Hall County, Nebraska. 3,897.70 Billy L. & Rae Jeanne Bamesberger A tract of land comprising part of Lots Ten (10) and Eleven (11) in Block One (1) in Stewart Place Subdivision, being a part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty Nine (29) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of said Lot 10, Block 1, Stewart Place Subdivision; thence running southerly along and upon the westerly line of said Lots 10 and 11, a distance of 130.0 feet; thence running easterly parallel to the northerly line of said Lot 10, a distance of 92.0 feet; thence running northerly parallel to the westerly line of said Lots 10 and 11, a distance of 130.0 feet to the northerly line of said Lot 10; thence running westerly along and upon the northerly line of said Lot 10, a distance of 92.0 feet to the place of beginning AND a tract of land in Lots Ten (10) and Eleven (11), Block One (1), Stewart Place Subdivision in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the west line of said Lot Eleven (11), said point being 130 feet south of the northwest corner of said Lot Ten (10); thence easterly parallel to the north line of said Lot 10, a distance of 92.0 feet; thence southerly parallel to the west line of said Lot Eleven (11), a distance of 53.0 feet; thence westerly parallel to the south line of said Lot Eleven (11), a distance of 92.0 feet to a point on the west line of said Lot Eleven (11); thence north along the west line of said Lot Eleven (11), a distance of 53.0 feet, to the point of beginning. 3,897.70 ORDINANCE NO. 9060 (Cont.) - 3 - Dianne G. & Neal E. Kelley South 23 feet of Lot 11 and the north 44 feet of Lot 12, Block 1, Stewart Place Subdivision 3,897.70 Norbert M. Wenzl South 31 feet of Lot 12 and the north 38 feet of Lot 13, Block 1, Stewart Place Subdivision 3,897.70 Jerry L. & Sharon K. Skeen and Roxie I. Crist South 37 feet of Lot 13 and the north 51 feet of Lot 14, Block 1, Stewart Place Subdivision 4,523.45 The Starostka Family Trust South 24 feet of Lot 14 and the north 65 feet of Lot 15, Block 1, Stewart Place Subdivision 4,523.45 David R. & Christine A. Starostka and Danny & Janet Starostka South 10 feet of Lot 15, all of Lot 16, and the north 17 feet of Lot 17, Block 1, Stewart Place Subdivision 4,523.45 D & O Investments West 150 feet of South 183 feet of Lot 17, Block 1, Stewart Place Subdivision 9,046.90 Marietta Hofferber and Cyndie L. Larson Lot 8, Block 2, Stewart Place Subdivision 3,897.70 Shirley A. Nielsen Revocable Living Trust Lot 9 and the E1/2 of Lot 10, Block 2, Stewart Place Subdivision 4,523.45 John M. & Sue L. Cook W1/2 of Lot 10 and all of Lot 11, Block 2, Stewart Place Subdivision 3,897.70 Todd & Alaina Verplank Lot 12, Block 2, Stewart Place Subdivision 3,897.70 Ronald L. & Una M. VonBehren Lot 1, Block 3, Stewart Place Subdivision 3,897.70 Wauneta B. McGown Living Revocable Trust Lot 2, Block 3, Stewart Place Subdivision 3,897.70 Kenneth & Sandra Maret Lot 3, Block 3 (except east 2 feet), Stewart Place Subdivision 3,897.70 Bryan D. Fiala Lot 6 and the east 24 feet of Lot 7, Block 3, Stewart Place Subdivision 3,897.70 Diane J. Beran East 61 feet of Lot 7, Block 3, Stewart Place Subdivision 3,897.70 Nancy K. Montgomery Lot 8, Block 3, Stewart Place Subdivision 3,897.70 Alan L. Peterson Lot 9, Block 3, Stewart Place Subdivision 3,897.70 ORDINANCE NO. 9060 (Cont.) - 4 - Kenneth & Jan Tell and Darrold D. & Peggy Jo Dannehl Part of Lot 2, Elmer's Subdivision, more particularly described as follows: Beginning at the southwest corner of Lot Twelve (12) Stewart Place Subdivision in the city of Grand Island, Hall County, Nebraska, being a point on the easterly right-of-way line of Circle Drive; thence southerly along the southerly right-of-way line of said Circle Drive, a distance of one hundred eighty three and one tenth (183.1) feet; thence easterly along the easterly extension of the southerly line of Lot Seventeen (17) said Stewart Place Subdivision, a distance of one hundred (100.0) feet; thence northerly parallel with the easterly right-of-way line of Circle Drive, a distance of one hundred eighty three and one tenth (183.1) feet to the southerly line of said Stewart Place Subdivision; thence westerly along the southerly line of said Stewart Place Subdivision, a distance of one hundred (100.0) feet to the said point of beginning. 6,543.90 TOTAL $99,945.50 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy. SECTION 3. The entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%) per annum shall be paid thereof, until the same is collected and paid. SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the "Water Fund 451". ORDINANCE NO. 9060 (Cont.) - 5 - SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 8, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9061 - Consideration of Approving Salary Ordinance Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: August 8, 2006 Subject: Salary Ordinance Item #’s: F-4 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island conducts salary surveys on various employee groups so that they may stay within acceptable standards should we be challenged at the Commission of Industrial Relations (C.I.R.). Surveys are done as part of union negotiations and labor agreements. The City surveys its non-union workforce on a three year schedule and its union workforce based on labor negotiations which have also been averaging about three years. As part of the budget process a salary ordinance is brought forward every year so that wages may be put into place for the new fiscal year which begins in October. Discussion Per labor agreement, the City conducted a survey for the positions covered by the IBEW union. These positions are found in the Utilities department and the Finance department. The survey showed that all of the positions that were covered by the labor agreement were under comparability and need adjusted upward. The survey resulted in an overall total increase to the positions in the IBEW bargaining unit of 6.97%. The percentage change varies by position. Some positions may see an increase of 4% while others may move at a higher rate depending on the survey results. The array that was used for the survey was: Ames, IA, Fremont, Garden City, KS, Hastings, Kearney, Muscatine, IA, Norfolk, North Pla tte, NPPD and Southern Power. The utilities industry across the Midwest is experiencing major growth and can be seen by the swing in wages. The non-union positions saw an overall total increase of around 3.2%. Some positions were over comparability and others were under. Those positions that were over will be frozen and those that were under will be brought up. The largest shift here was again in the positions related to the utility market (Finance & Utilities). The array used for this survey was: Ames, IA, Fremont, Hastings, Kearney, Norfolk, North Platte and Salina, KS. In addition, we used Garden City, KS and Muscatine, IA for some of the utility positions where matches are harder to find. Per labor agreement, there is a 3% change to the positions covered by the AFSCME agreement and a 3.5% increase for the positions covered by the FOP agreement. Administration is proposing a 2.25% increase for the positions covered by the IAFF bargaining unit. Also, proposed by administration is a change to the pay out of sick leave to non-union employees at retirement. Currently, non-union employees are paid half of their sick leave bank at retirement and Directors are also eligible for half of their sick leave bank at termination up to 240 hours. The proposed change would be that the sick leave that is paid out be paid into the employee’s Voluntary Employees’ Beneficiary Association (VEBA). The dollars would go in tax free so the employee would see an increase in the dollars that they have to spend on medical expenses and they would also come out tax free when the employee accesses the money for use of eligible medical expenses. The City would save money by not paying the social security match. As the City is no longer providing retiree health insurance for employees, the VEBA contribution becomes an excellent vehicle for helping to fund future medical expenses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed Salary Ordinance. Sample Motion Motion to approve Salary Ordinance #9061. Approved as to Form ¤ ___________ August 4, 2006 ¤ City Attorney ORDINANCE NO. 9061 An ordinance to amend Ordinance No. 9061 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to remove the classification and salary ranges for Administration Secretary, Legal Assistant, Public Works Secretary; Public Safety Secretary; Maintenance Worker 1; Solid Waste and Maintenace Worker II, Solid Waste; to repeal Ordinance No. 9017, and any ordinance or parts of ordinances in conflict herewith; to amend the salary ranges for the general employees to reflect a cost of living adjustment; to amend the salary ranges for employees under the AFSCME labor union in accordance with the labor agreement; to amend the salary ranges for employees under the IBEW labor union in accordance with the labor agreement; to amend the salary ranges for the employees under the FOP labor union in accordance with the labor agreement; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1505.91/2119.64 1369.60 / 1927.78 Exempt ORDINANCE NO. 9061 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – Solid Waste, Streets, WWTP 1018.28 / 1432.90 40 hrs/week Administrative Assistant – Administration, Fire, Public Works, Utilities 1099.42 / 1547.94 40 hrs/week Administration Secretary 912.17 / 1283.10 40 hrs/week Assistant to the City Administrator 1433.28/2017.83 1391.53 / 1959.06 Exempt Assistant Public Works Director 2086.00/2934.85 1853.77 / 2608.12 Exempt Assistant Utility Director – Administration 2798.73/3938.43 2470.20 / 3476.10 Exempt Assistant Utility Director – PGS & PCC 3031.68/4266.42 2675.80 / 3765.59 Exempt Attorney 2003.06/2818.62 1944.72 / 2736.52 Exempt Audio-Video Technician 1311.50/1845.46 1273.30 / 1791.70 40 hrs/week Biosolids Technician 1185.21/1668.38 1125.37 / 1584.14 40 hrs/week Building Department Director 2283.50/3211.95 2216.99 / 3118.40 Exempt Building Inspector 1318.18/1854.63 1305.13 / 1836.27 40 hrs/week Building Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Cemetery Superintendent 1364.25 / 1920.65 Exempt City Administrator 3694.74/5199.50 3587.13 / 5048.15 Exempt City Attorney 2667.93/3754.87 2590.22 / 3645.50 Exempt City Clerk 1533.36/2157.82 1356.44 / 1908.86 Exempt Civil Engineering Manager – Public Works Engineering 2032.23/2860.65 1843.96 / 2595.64 Exempt ORDINANCE NO. 9061 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Civil Engineering Manager – Utility, PCC 2235.14/3146.78 2028.07 / 2855.25 Exempt Collection System Supervisor 1406.27/1979.02 1322.34 / 1860.90 40 hrs/week Communications Specialist/EMD 960.06/1354.25 945.87 / 1334.23 40 hrs/week Community Development Administrator 1159.73/1631.88 1125.95 / 1584.35 Exempt Community Service Officer – Police Department 826.58 / 1162.73 40 hrs/week Custodian 826.10/1165.76 798.05 / 1126.18 40 hrs/week Development/Grants Specialist 1159.73/1631.88 1125.95 / 1584.35 Exempt Electric Distribution Superintendent 2238.54/3149.39 2110.04 / 2968.60 Exempt Electric Distribution Supervisor 1891.18/2660.18 1782.62 / 2507.48 40 hrs/week Electric Underground Superintendent 1993.46/2804.93 1879.02 / 2643.91 Exempt Electrical Engineer I 1828.81/2574.69 1659.39 / 2336.16 Exempt Electrical Engineer II 2119.69/2983.49 1923.32 / 2707.10 Exempt Electrical Inspector 1318.18/1854.63 1305.13 / 1836.27 40 hrs/week Emergency Management Clerk 861.38/1211.86 844.50 / 1188.10 40 hrs/week Emergency Management Deputy Director 1472.18/2071.60 1348.40 / 1897.42 Exempt Emergency Management Director 2095.21/2948.19 1919.04 / 2700.30 Exempt EMS Division Chief 1780.80 / 2505.67 Exempt Engineering Technician 1317.93/1854.27 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1279.54/1800.26 Engineering Technician Supervisor 1510.15/2125.74 1448.06 / 2038.35 Exempt Equipment Operator, Solid Waste 1126.58/1586.55 1072.32 / 1510.14 40 hrs/week Equipment Operator, WWTP 1115.42/1570.85 1061.70 / 1495.19 40 hrs/week Finance Director 2658.80/3741.50 2581.36 / 3632.53 Exempt Finance Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Fire Chief 2422.44/3407.86 2351.89 / 3308.60 Exempt Fire Operations Division Chief 1916.76/2696.98 1780.80 / 2505.67 Exempt Fire Prevention Division Chief 1780.80 / 2505.67 Exempt Fire Training Division Chief 1780.80 / 2505.67 Exempt Fleet Services Superintendent 1518.48/2138.12 1459.66 / 2055.29 Exempt Fleet Services Supervisor 1265.20/1780.43 1216.19 / 1711.46 40 hrs/week Golf Course Superintendent 1699.29 / 2391.18 Exempt Grounds Management Crew Chief – Cemetery 1274.19/1793.14 40 hrs/week Grounds Management Crew Chief - Parks 1312.42/1846.93 1274.19 / 1793.14 40 hrs/week Human Resources Director 2337.34/3287.67 2269.26 / 3191.91 Exempt Human Resources Specialist 1211.46 / 1704.40 40 hrs/week Information Technology Manager 2157.10/3035.07 1934.66 / 2722.10 Exempt Information Technology Supervisor 1809.78/2546.93 1623.16 / 2284.30 Exempt Legal Assistant 1303.62 / 1835.04 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Legal Secretary 1063.89/1498.93 979.06 / 1379.41 40 hrs/week Librarian I 1193.05 / 1678.11 Exempt Librarian II 1312.53 / 1846.64 Exempt Library Assistant I 832.39/1170.95 822.11 / 1156.50 40 hrs/week Library Assistant II 918.16/1291.93 906.82 / 1275.98 40 hrs/week Library Assistant Director 1556.71/2190.42 1511.37 / 2126.62 Exempt Library Clerk 697.70/983.03 689.08 / 970.90 40 hrs/week Library Director 2106.85/2695.64 2045.49 / 2879.26 Exempt Library Page 528.02/743.20 521.50 / 734.02 40 hrs/week Library Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Maintenance Mechanic I 1087.13/1533.71 1045.02 / 1474.30 40 hrs/week Maintenance Mechanic II 1220.54/1717.26 1173.26 / 1650.74 40 hrs/week Maintenance Worker I – Solid Waste 931.79 / 1312.53 40 hrs/week Maintenance Worker I – Building, Golf, Library 957.65 / 1347.30 40 hrs/week Maintenance Worker I – Golf 986.38/1387.72 40 hrs/week Maintenance Worker I – WWTP 1038.80/1461.49 976.80 / 1374.26 40 hrs/week Maintenance Worker II – Solid Waste 981.72 / 1382.08 40 hrs/week Maintenance Worker II – Building, Golf 1008.48 / 1422.21 40 hrs/week Maintenance Worker II – Golf 1038.74/1464.87 40 hrs/week Maintenance Worker II – WWTP 1093.94/1542.74 1028.64 / 1450.66 40 hrs/week Meter Reading Supervisor 1306.49/1839.94 Exempt ORDINANCE NO. 9061 (Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1240.53 / 1747.04 Office Manager – Police Department 1113.70 / 1567.54 40 hrs/week Parking Monitor 553.72 / 780.02 40 hrs/week Parks and Recreation Director 2382.92/3351.66 2313.52 / 3254.04 Exempt Parks and Recreation Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Parks Maintenance Superintendent 1589.78/2236.34 1543.47 / 2171.20 Exempt Payroll Specialist 1187.70 / 1670.98 40 hrs/week Planning Director 2362.77/3324.06 2293.95 / 3227.25 Exempt Planning Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Planning Technician 1416.78/1993.34 1279.54 / 1800.26 40 hrs/week Plans Examiner 1318.18/1854.63 1305.13 / 1836.27 40 hrs/week Plumbing Inspector 1318.18/1854.63 1305.13 / 1836.27 40 hrs/week Police Captain 1807.51/2543.25 1780.80 / 2505.67 Exempt Police Chief 2537.12/3571.25 2463.23 / 3467.24 Exempt Police Records Clerk 871.29/1226.77 847.97 / 1193.94 40 hrs/week Power Plant Maintenance Supervisor 2089.82/2939.61 1870.00 / 2630.40 Exempt Power Plant Operations Supervisor 2175.14/3060.41 1964.45 / 2763.97 Exempt Power Plant Superintendent – Burdick 2382.59/3352.74 2102.90 / 2959.17 Exempt Power Plant Superintendent – PGS 2746.76/3863.40 Exempt ORDINANCE NO. 9061 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 2424.32 / 3409.89 Public Information Officer 1369.46/1926.70 1211.46 / 1704.40 Exempt Public Safety Secretary 1007.58 / 1421.32 40 hrs/week Public Works Director 2669.02/3755.90 2591.29 / 3646.50 Exempt Public Works Secretary 912.17 / 1283.10 40 hrs/week Purchasing Technician 998.25/1404.18 912.17 / 1283.10 40 hrs/week Recreation Superintendent 1507.29/2120.18 1456.11 / 2048.19 Exempt Regulatory and Environmental Specialist 2060.93/2898.97 1870.00 / 2630.40 Exempt Senior Accountant 1700.63/2392.34 1546.69 / 2175.80 Exempt Senior Communications Specialist/EMD 1116.24/1570.09 1022.38 / 1438.07 40 hrs/week Senior Electrical Engineer 2320.75/3265.33 2105.76 / 2962.83 Exempt Engineering Technician 1279.54 / 1800.26 40 hrs/week Senior Equipment Operator, Solid Waste 1182.93/1664.51 1125.95 / 1584.34 40 hrs/week Senior Equipment Operator, WWTP 1159.74/1631.87 1103.88 / 1553.28 40 hrs/week Senior Maintenance Worker 1206.77/1698.62 1134.74 / 1597.24 40 hrs/week Senior Utility Secretary 942.30/1328.94 914.86 / 1290.24 40 hrs/week Shooting Range Superintendent 1507.29/2120.18 1456.11 / 2048.19 Exempt Solid Waste Division Clerk 836.78/1177.23 820.37 / 1154.15 40 hrs/week Solid Waste Superintendent 1711.93/2409.00 Exempt ORDINANCE NO. 9061 (Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1662.06 / 2338.84 Stormwater Technician 1321.22/1858.91 1279.54 / 1800.26 40 hrs/week Street Superintendent 1637.98/2307.06 1609.81 / 2267.38 Exempt Street Supervisor 1300.21/1828.62 1277.84 / 1797.17 40 hrs/week Turf Management Specialist 1317.93/1854.27 1279.54 / 1800.26 40 hrs/week Utility Director 3628.53/5104.31 3522.84 / 4955.64 Exempt Utility Production Engineer 2449.49/3447.23 2161.95 / 3042.57 Exempt Utility Secretary 930.41/1308.76 912.17 / 1283.10 40 hrs/week Utility Services Manager 1917.91/2698.95 1744.31 / 2454.65 Exempt Utility Warehouse Supervisor 1491.57/2097.88 1382.46 / 1944.42 40 hrs/week Victim Assistance Unit Coordinator 871.29/1226.77 847.97 / 1193.94 40 hrs/week Wastewater Clerk 820.37 / 1154.15 40 hrs/week Wastewater Engineering/Operations Superintendent 1843.96 / 2595.64 Exempt Wastewater Plant Maintenance Supervisor 1411.80/1986.92 1357.11 / 1909.95 40 hrs/week Wastewater Plant Operator I 1002.93/1411.43 952.30 / 1340.17 40 hrs/week Wastewater Plant Operator II 1121.13/1578.63 1064.52 / 1498.93 40 hrs/week Wastewater Plant Process Supervisor 1464.03/2061.29 1390.11 / 1957.21 40 hrs/week Wastewater Plant Senior Operator 1185.21/1668.38 1125.37 / 1584.14 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 9 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Water Superintendent 1804.48/2538.25 1680.50 / 2363.86 Exempt Water Supervisor 1538.58/2166.80 1432.87 / 2017.93 40 hrs/week Worker / Seasonal 412.00 / 1600.00 Exempt Worker / Temporary 412.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 984.46/1384.40 955.79 / 1344.08 40 hrs/week Fleet Services Attendant/Clerk 894.96/1262.27 868.90 / 1225.50 40 hrs/week Fleet Services Inventory Specialist 981.67/1381.61 953.08 / 1341.37 40 hrs/week Fleet Services Mechanic 1123.02/1579.46 1090.30 / 1533.46 40 hrs/week Horticulturist 1039.48/1464.57 1009.20 / 1421.91 40 hrs/week Maintenance Worker – Cemetery 977.01/1375.08 948.55 / 1335.03 40 hrs/week Maintenance Worker – Parks 970.48/1366.69 942.22 / 1326.88 40 hrs/week Maintenance Worker – Streets 949.97/1336.86 922.30 / 1297.92 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 10 - Senior Equipment Operator – Streets 1078.62/1518.66 1047.21 / 1474.42 40 hrs/week Senior Maintenance Worker – Parks 1078.62/1518.66 1047.21 / 1474.42 40 hrs/week Senior Maintenance Worker – Streets 1078.62/1518.66 1047.21 / 1474.42 40 hrs/week Traffic Signal Technician 1078.62/1518.66 1047.21 / 1474.42 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 977.01/1377.08 892.75 / 1258.32 40 hrs/week Computer Programmer 1513.68/2128.69 1399.61 / 1968.27 40 hrs/week Computer Technician 1180.80/1661.14 1091.82 / 1535.95 40 hrs/week Custodian 872.70/1228.05 832.70 / 1171.78 40 hrs/week Electric Distribution Crew Chief 1737.62/2444.21 1622.13 / 2281.74 40 hrs/week Electric Underground Crew Chief 1737.62/2444.21 1622.13 / 2281.74 40 hrs/week Engineering Technician I 1240.47/1745.26 1146.99 / 1613.74 40 hrs/week Engineering Technician II 1511.46/2127.79 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 11 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1397.56 / 1967.44 GIS Technician 1628.85/2291.16 1506.10 / 2118.50 40 hrs/week Instrument Technician 1798.26/2529.78 1662.75 / 2339.14 40 hrs/week Lineworker Apprentice 1229.67/1730.06 1147.94 / 1615.06 40 hrs/week Lineworker First Class 1574.93/2215.29 1470.25 / 2068.05 40 hrs/week Materials Handler 1465.89/2061.87 1398.71 / 1967.38 40 hrs/week Meter Reader 992.30/1396.84 942.19 / 1326.31 40 hrs/week Meter Technician 1235.44/1738.16 1175.94 / 1654.45 40 hrs/week Power Dispatcher I 1728.75/2431.52 1621.64 / 2280.86 40 hrs/week Power Dispatcher II 1815.74/2554.09 1703.24 / 2395.84 40 hrs/week Power Plant Maintenance Mechanic 1540.86/2167.37 1470.25 / 2068.05 40 hrs/week Power Plant Operator 1662.33/2338.11 1544.42 / 2172.26 40 hrs/week Senior Accounting Clerk 1026.27/1445.68 937.78 / 1321.02 40 hrs/week Senior Engineering Technician 1628.85/2291.16 1506.10 / 2118.50 40 hrs/week Senior Materials Handler 1618.58/2276.58 1544.42 / 2172.26 40 hrs/week Senior Meter Reader 1068.55/1501.93 1014.60 / 1426.10 40 hrs/week Senior Power Dispatcher 2003.52/2817.99 1879.39 / 2643.39 40 hrs/week ORDINANCE NO. 9061 (Cont.) - 12 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Power Plant Operator 1834.38/2580.48 1704.26 / 2397.43 40 hrs/week Senior Substation Technician 1798.26/2529.78 1662.75 / 2339.14 40 hrs/week Senior Water Maintenance Worker 1330.48/1872.17 1266.40 / 1782.00 40 hrs/week Substation Technician 1670.29/2349.30 1544.42 / 2172.26 40 hrs/week Systems Technician Systems Technician 1798.26/2529.78 1662.75 / 2339.14 40 hrs/week 40 hrs/week Tree Trim Crew Chief 1574.93/2215.29 1470.25 / 2068.05 40 hrs/week Utilities Electrician 1670.29/2349.30 1544.42 / 2172.26 40 hrs/week Utility Technician 1745.98/2455.96 1622.13 / 2281.74 40 hrs/week Utility Warehouse Clerk 1114.27/1568.30 1040.21 / 1464.06 40 hrs/week Water Maintenance Worker 1175.57/1654.54 1118.95 / 1574.86 40 hrs/week Wireworker I 1357.38/1909.78 1267.15 / 1782.84 40 hrs/week Wireworker II 1574.93/2215.29 1470.25 / 2068.05 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such ORDINANCE NO. 9061 (Cont.) - 13 - classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 1238.20/1730.92 1196.33 / 1672.38 40 hrs/week Police Sergeant 1520.42/2083.33 1469.01 / 2012.88 40 hrs/week SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1505.65/2118.93 1472.52 / 2072.30 212 hrs/28 days Firefighter / EMT 1156.87/1627.96 1131.42 / 1592.14 212 hrs/28 days Firefighter / Paramedic 1305.23/1836.72 1276.52 / 1796.31 212 hrs/28 days SECTION 6. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform ORDINANCE NO. 9061 (Cont.) - 14 - allowance in addition to regular salary. All full-time fire fighters shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $80.00 per month. All full-time police officers shall be paid a clothing and uniform allowance in addition to regular salary of $50.00 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. Full-time fire fighters and fire captains may receive a one-time uniform acquisition allowance of up to $850. Full-time fire fighters and fire captains, may receive an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the AFSCME labor union, the FOP labor union, and the IBEW labor union may receive an annual stipend not to exceed $500 for bilingual pay. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric Underground and Substation Supervisor, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works ORDINANCE NO. 9061 (Cont.) - 15 - Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 7. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those covered in the IAFF and AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee’s unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day’s pay based on the employee’s current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused sick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 968 hours accrual of the preceding year. For those employees covered in the IAFF bargaining agreement, the City will make a contribution into a VEBA (Voluntary Employees’ Beneficiary Association) on behalf of the employee in lieu of payment for an employee’s unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The contribution will be at the rate of one-quarter day’s pay based on the employee’s current pay rate at the time of such contribution, for each day of unused sick leave which exceeds 2,880 hours accrual of the preceding year. ORDINANCE NO. 9061 (Cont.) - 16 - (B) All employees except non-union and those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of their retirement, the rate of compensation to be based on the employee’s salary at the time of retirement. Employees covered in the fire department bargaining agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for one quarter of their accumulated sick leave at the time of their retirement, the amount of contribution will be based upon the employee’s salary at the time of retirement. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for one-half of their accumulated sick leave at the time of their retirement. The amount of contribution will be based upon the employee’s salary at the time of retirement. (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused sick leave. SECTION 8. The city administrator shall receive a vehicle allowance of $400 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 9. Reimbursed expenses which are authorized by Neb. Rev. Stat. §13- 2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. ORDINANCE NO. 9061 (Cont.) - 17 - SECTION 10. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 11. The salary adjustments identified herein shall be effective with the pay period beginning on October 2, 2006. SECTION 12. Ordinance No. 9017 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 13. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: August 8, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of July 25, 2006 City Council Regular Meeting Tuesday, August 08, 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 July 25, 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 July 25, 2006. Notice of the meeting was given in The Grand Island Independent on July 19, 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, Hornady, Walker, and Haase. Councilmember Pauly was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and Interim City Attorney Dale Shotkoski. INVOCATION was given by Pastor Gary Schulte, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the Environmental Protection Agency (EPA) Meeting to be held at 7:00 p.m. Thursday, July 27, 2006 in the Community Meeting Room at City Hall. The meeting was to discuss the Parkview Superfund. PRESENTATIONS AND PROCLAMATIONS: Recognition of 2005-2006 Community Youth Council. The Mayor and City Council recognized the following Community Youth Council members: Sophomores: Ashley Kahlupa, Central Catholic; Sarah Kuta, Senior High; Lauren Shoemaker, Senior High; Allen Buck, Heartland Lutheran; and Jeffrey Seim, Heartland Lutheran (absent). Juniors: Jodie Meis, Central Catholic; Amber Moreno, Senior High; Elizabeth Koch, Heartland Lutheran; Keely Keel, Northwest; and Theresa Swezey, Northwest. Seniors: Nina Batenhorst, Central Catholic; Janel Meis, Central Catholic; James Pfeifer, Central Catholic; Brent Nesbitt, Senior High; Cameron Schmid, Senior High (absent); Allison Peters, Heartland Lutheran; Kristi Rollen, Heartland Lutheran; Paul Hanson, Northwest (absent); and Amanda Pflaster, Northwest. Wendy Meyer-Jerke, CYC Coordinator introduced the following CYC Board: Paul Briseno, City of Grand Island; Butch Hurst, Grand Island Police Department; Ed Jarosik, Five Points Bank; Carole Ostdiek, Holiday Tour and Travel; Darren Sanchez, Union Bank and Trust; and Celine Stahlnecker, Grand Island Public Library. A brief overview of the 2005-2006 Community Youth Council activities was given. ADJOURN TO THE GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Hornady, second by Cornelius, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Page 2, City Council Regular Meeting, July 25, 2006 Public Hearing on Proposed FY 2006-2007 Grand Island Area Solid Waste Agency Budget. Steve Riehle, Public Works Director reported that a separate hearing was required for the Solid Waste Agency Budget. The Agenc y budget was the same as the City Solid Waste Division budget (Fund 505) which appeared in the City’s Annual Budget Document for Fiscal Year 2006- 2007. No public testimony was heard. #2006-SWA-1 – Approving Adoption of FY 2006-2007 Annual Budget for the Grand Island Solid Waste Agency. Motion by Nickerson, second by Pielstick, to approve Resolution #2006- SWA-1. Upon roll call, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Pielstick, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Change of Zoning for Land Proposed for Platting as Francis Subdivision Located East of Carleton Avenue and South of Curran Avenue from B2 General Business & RO Residential Office to RD Residential Development. Chad Nabity, Regional Planning Director reported that Raymond J. O’Connor, owner was requesting the City change the zoning on approximately 3.697 acres of land east of Carleton Avenue and south of Curran Avenue, Lots 3, 4, 5, and 6, Bosselman Second Subdivision proposed for platting as Francis Subdivision for the purpose of developing 12 duplex units. No public testimony was heard. Public Hearing on Acquisition of Utility Easement along the South Right-of-Way Line of Lillie Drive, West of North Road. (Karen J. Bredthauer) Gary Mader, Utilities Director reported that acquisition of a utility easement located along the south right-of-way line of Lillie Drive, west of North Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of the easement would be to place underground cables and pad-mounted transformers to serve the new Springdale Subdivision. No public testimony was heard. Public Hearing on Request of Edwin D. Bolanos dba La Zona Rosa, 613 East 4th Street for a Change of Location for Class “C-70104” Liquor License to 611 East 4th Street. RaNae Edwards, City Clerk reported that an application had been received from Edwin D. Bolanos dba La Zona Rosa, 613 East 4th Street for a change of location to their Class “C-70104” Liquor License to 611 East 4th Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City of July 3, 2006; notice to the general public of date, time, and place of hearing published on July 15, 2006; notice to the applicant of date, time, and place of hearing mailed on July 3, 2006; along with Chapter 4 of the City Code. Staff recommended denial on the findings that no approved plan had been submitted, property permits had not been issued; and Law Enforcement concerns regarding parking lot issues and open out buildings in the area. Craig Lewis, Building Department Director reported that he had received plans today and permits would be forthcoming. Recommended approval pending final inspections. No further public testimony was heard. Page 3, City Council Regular Meeting, July 25, 2006 Public Hearing Pursuant to the Nebraska Liquor Control Commission Rules and Regulations §53-134.04 Regarding Complaints Filed Against OK Liquor, 305 West Koenig Street, Liquor License “D-15914”. Due to a conflict of interest Councilmember Nickerson recused himself and left the room. Dale Shotkoski, Interim City Attorney reported that one of the letters of complaint received was not from a resident of the City which does not meet the Nebraska Liquor Control Commissions Rules and Regulations §53-134.04. Also mentioned was that some of the letters did not site the violation and code from the Rules and Regulations as required by law. Mr. Shotkoski felt uncomfortable continuing with the proceedings. Motion was made by Hornady, second by Meyer that there were not five (5) valid complaints and the Public Hearing should not be held. Upon roll call vote, Councilmember’s Meyer, Whitesides, Gilbert, Cornelius, Hornady, Walker and Haase voted aye. Councilmember Pielstick voted no. Motion adopted. Councilmember Nickerson returned to the meeting. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9054 - Consideration of Change of Zoning for Land Proposed for Platting as Francis Subdivision Located East of Carleton Avenue and South of Curran Avenue from B2 General Business & RO Residential Office to RD Residential Development #9055 – Consideration of Amending Ordinance No. 9015 – Creation of Water Main District No. 452 #9056 – Consideration of Creating Sidewalk District No. 1, 2006 – Various Locations within Grand Island #9057 – Consideration of Ordinance Authorizing $7,975,000 Public Safety Tax Anticipation Bonds Series 2006 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Chad Nabity, Regional Planning Director stated Ordinance #9054 related to the aforementioned Public Hearing. Gary Mader, Utilities Director explained that Ordinance #9055 would replace Ordinance #9015 to correct the legal description for Water Main District No. 452. Steve Riehle, Public Works Director reported that Ordinance #9056 related to action the City council had taken on May 10, 2005. City Council passed Resolution #2005-149 authorizing City staff to notify property owners to install sidewalk. As of this date seven (7) property owners had Page 4, City Council Regular Meeting, July 25, 2006 not installed sidewalks. This ordinance would allow for the creation of Sidewalk District 1, 2006 whereby the property owners would be assessed for the installation of their sidewalks. Bruce Lefler representing Ameritas Investment Corporation explained that Ordinance #9057 was authorizing bonds in the amount of $7,995,000 for the new Law Enforcement Safety Center. The city had an AAA rating and the interest rate over all would be 4.55% through 2018. Discussion was held with regards to an early payoff. There would be no penalty after 5 years. Chuck Haase, 3024 Colonial Lane questioned the amount budgeted for this project, the 1/2 cent sales tax, and how funds were transferred from the General Fund. David Springer, Finance Director explained that the funds had been transferred and that the budget books would be out next week. Motion by Pielstick, second by Whitesides to approve Ordinances #9054, #9055, #9056, and #9057. City Clerk: Ordinances #9054, #9055, #9056, and #9057 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 #9054, #9055, #9056, and #9057 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 #9054, #9055, #9056, and #9057 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-26 was pulled until the August 8, 2006 meeting. Consent Agenda items G-8, G-20, and G-22 were pulled for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding items G-8, G-20, G-22, and G-26. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 11, 2006 City Council Regular Meeting. Approving Minutes of July 13, 2006 City Council Joint Meeting. Councilmember’s Meyer and Whiteesides abstained. Approving Minutes of July 18, 2006 City Council Study Session. Approving Re-Appointment of Doug Jensen to the Animal Advisory Board. Approving Re-Appointments of Al Avery, Dianne Miller, Joanne Holmes, and Mike Nolan and New Appointment of Karen Bredthauer to the Zoning Board of Adjustment. Page 5, City Council Regular Meeting, July 25, 2006 Approving Re-Appointments of John O’Meara, Donald Skeen, and Steve Grubbs and New Appointment of Todd Enck to the Building Code Advisory Board. Approving Re-Appointments of Mike McElroy and Loran Peterson and New Appointments of Russ Shaw, Scott Hilligas, Mike Myers, Todd Bredthauer, and Armondo Perez to the Gas Fitter Examining Board. Approving Request of Daniel Albert, 509 Grant Street, Holdrege, Nebraska for Liquor Manager Designation for Sunmart #768, 3420 West State Street. Approving Request of Daryl Werth, 320 Nelson, St. Paul, Nebraska for Liquor Manager Designation for Pizza Hut, 707 N. Diers Avenue. Approving Preliminary Plat for Francis Subdivision. #2006-198 – Approving Final Plat and Subdivision Agreement for Francis Subdivision. It was noted that Raymond J. and Jennifer S. O’Connor, owners proposed to create 12 lots on a tract of land in Lots 3, 4, 5, and 6, Bosselman Section Subdivision consisting of approximately 3.697 acres. #2006-199 – Approving Final Plat and Subdivision Agreement for Gilbert Acres Subdivision. It was noted that Francie Niedfelt Ballou and Elizabeth and Gene Gilbert, owners proposed to create 1 lot on a tract of land comprising a part of the W1/2 SE1/4 of Section 35-11-9 consisting approximately 1.93 acres. Councilmember Gilbert voted no. #2006-200 – Approving Final Plat and Subdivision Agreement for Stoltenberg Second Subdivision. It was noted that Webb Road L.L.C., owner proposed to create 1 lot on a parcel of land in the SE 1/4 Section 24-11-10 consisting of approximately 1.850 acres. #2006-201 – Approving Acquisition of Utility Easement Along the South Right-of-Way Line of Lillie Drive, West of North Road. (Karen J. Bredthauer) #2006-202 – Approving Bid Award for Liquid Ortho-Polyphosphate for Corrosion Control with CalciQuest, Inc. of Belmont, North Carolina in an Amount of $86,940.00. #2006-203 – Approving FY 2006-2007 Annual Budget for Business Improvement District #3, South Locust Street from Stolley Park Road to Highway 34, and Setting September 12, 2006 for Board of Equalization. #2006-204 – Approving FY 2006-2007 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting September 12, 2006 for Board of Equalization. #2006-205 – Approving FY 2006-2007 Annual Budget for Business Improvement District #5, Downtown, and Setting September 12, 2006 for Board of Equalization. Page 6, City Council Regular Meeting, July 25, 2006 #2006-207 – Approving Designation of Bert Gurney and Associates, Inc. of Omaha, Nebraska as the Sole Source Provider for a 10 Inch Fairbanks Morse Pump in an Amount of $22,572.00. #2006-209 – Approving Agreement with Kirkham Michael & Associates, Inc. of Omaha, Nebraska for Engineering Consulting Services for Storm Sewer Design Relative to the Wasmer Detention cell in an Amount of $66,874.44. #2006-210 – Approving Extension of Five Years to Interlocal Agreement with Hall County School District #40-0002 Relative to the School Resource Officers and the Addition of School Crossing Guards through September 30, 2006. #2006-211 – Approving Subordination Request for 1208 East 5th Street. (Galen and Rebecca Williams) #2006-212 – Approving Subordination Request for 715 North White Avenue. (Ronald R. Aguilar) This item was pulled from the Agenda and will be placed on the August 8, 2006 City Council Regular meeting. #2006-213 – Approving Submittal of Grant Application to the Nebraska Department of Economic Development Under the Building Entrepreneurial Communities Act. #2006-214 – Approving Funding of Economic Development Corporation Request for Heartland Events Center in an Amount of $50,000.00 (NWPS Rate Agreement Funds). Approving Request of Dustin Smith, 2642 N. Carleton Avenue #9 for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street. Motion was made by Pielstick, second by Whitesides to approve the request of Dustin Smith contingent upon his completing an alcohol server/training course. Upon roll call vote, all voted aye. Motion adopted. #2006-206 – Approving Installation of Protected Left Turn Arrows for the Traffic Signal on Stolley Park Road at the Intersection of Blaine Street. Steve Riehle, Public Works Director answered questions regarding how a traffic turn signal was determined to be placed at any intersection such as traffic counts, delays in traffic, and monitoring traffic at intersections. Motion was made by Walker, second by Gilbert to approve Resolution #2006-206. Upon roll call vote, all voted aye. Motion adopted. #2006-208 – Approving Notification to Property Owners to Install Sidewalk by July 31, 2007 – Various Locations within Grand Island. Motion was made by Gilbert, second by Walker to approve Resolution #2006-208. Discussion was held regarding sidewalks located at Vine and 4th Street and at Kimball and 4th Street. It was mentioned that backyard sidewalks were typically paid for by the city and front yard sidewalks were paid by the homeowners. Sidewalks were discussed at the Schroeder Subdivision by Husker Highway and the Water Park locations. It was noted that the city would install sidewalks by the new Fire Station. Councilmember Cornelius suggested that the Sycamore to Vine Street sidewalks be moved up to 2007 Page 7, City Council Regular Meeting, July 25, 2006 Lee Casey, 2419 South Blaine Street spoke in support of sidewalks on Blaine Street from Pioneer Blvd. to Stolley Park Road. Motion was made by Pielstick, second by Whitesides to amend the main motion by deleting “Both sides of Vine Street from East North Front Street to 4th Street” and “Both sides of Kimball Avenue from East North Front Street to 4th Street”. Upon roll call vote, all voted aye. Motion adopted. Motion was made by Gilbert, second by Hornady to amend the main motion by deleting “North side of Husker Highway from Schroeder Avenue to Buckingham Drive”. Upon roll call vote, all voted aye. Motion adopted. Motion was made by Cornelius, second by Whitesides to amend the main motion by adding “North side of Fonner Park Road from Sycamore Street to Vine Street”. Upon roll call vote, all voted aye. Motion adopted. Upon roll call vote on the main motion and amendments to approve Resolution #2006-208, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Request of USA Outdoor Advertising to Amend Chapter 31 of the Grand Island City Code Relative to Off Premise (Billboard) Signs. This request was pulled from the Agenda at the request of USA Outdoor Advertising and moved to the August 8, 2006 City Council Regular Meeting. RESOLUTIONS: #2006-215 - Consideration of Request from Edwin D. Bolanos dba La Zona Rosa, 631 East 4th Street for a Change of Location for Class “C-70104” Liquor License to 611 East 4th Street. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Pielstick, second by Walker to deny the request of Edwin D. Bolanos dba La Zona Rosa for a change of location to their Class “C-70104” based on the following findings: · Law Enforcement concerns with out buildings · Parking lot issues · Police Officer resources Police Chief Steve Lamken commented on very little parking, not enough light, concerns of activity and access to surrounding property, and safety to the Police Officers with the number of out buildings. Craig Lewis, Building Department Director commented on parking and final inspections. Al Fitzgerald, 1304 West Sycamore Street spoke in support. Discussion was held regarding the out buildings. Page 8, City Council Regular Meeting, July 25, 2006 Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember Nickerson vote no. Motion adopted. #2006-216 – Consideration of Complaints Filed Pursuant to the Nebraska Liquor Control Commission Rules and Regulations §53-134.04 Regarding OK Liquor, 305 West Koenig Street, Liquor License “D-15914” Resolution #2006-216 was not acted upon because there were not five (5) valid complaints and the Public Hearing was not held. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of July 12, 2006 through July 25, 2006, for a total amount of $3,079,609.12. Motion adopted unanimously. Councilmember Pielstick abstained from claim #132353. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of July 31, 2006 City Council Special Meeting Tuesday, August 08, 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 SPECIAL MEETING July 31, 2006 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on July 31, 2006. Notice of the meeting was given in the Grand Island Independent on July 28, 2004. Mayor Jay Vavricek called the meeting to order at 5:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker and Haase. Councilmember Pauly was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance Director David Springer, Human Resources Director Brenda Sutherland and Interim City Attorney Dale Shotkoski. EXECUTIVE SESSION: Motion by Pielstick, second by Cornelius, carried unanimously to adjourn to executive session at 5:05 p.m. for the purpose of discussing IAFF Union Negotiations. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Gilbert, carried unanimously to reconvene in regular session at 6:03 p.m. ADJOURNMENT: Adjourned the meeting at 6:03 p.m. RaNae Edwards City Clerk Item G3 Approving Request of Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors At the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center. This approval created the formation of the Fonner Park Exposition and Events Center, Inc. The Internal Revenue Service requires the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. The appointments of Brian Hamilton, George Wanitschke, Vince Dowding, Jim Cannon, and Scott Zana to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #3, 2511 Diers Avenue Tuesday, August 08, 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: August 8, 2006 Subject: Request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #3, 3511 Diers Avenue Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-13151” Liquor License for Pump & Pantry #3, 2511 Diers Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designatio n in conjunction with the Class “B-13151” Liquor License for Pump & Pantry #3, 2511 Diers Avenue with the stipulation that Ms. McAfee complete a state approved alcohol server/seller training program. Item G5 #2006-212 - Approving Request for Subordination Agreement for 715 North White Avenue (Ronald Aguilar) Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Marsha Kaslon, Community Development Council Meeting: August 8, 2006 Subject: Subordination Request for 715 North White Avenue (Ronald R. Aguilar) Item #’s: G-5 Presenter(s): Marsha Kaslon, Community Development Background The City of Grand Island has a Deed of Trust filed on property owned by Ronald R. Aguilar at 715 North White Avenue, in the amount of $17,400.00. On January 1, 1994, Community Development Block Grant funds in the amount of $17,400.00 were loaned to Ronald R. Aguilar, a single person, to assist in the purchase of a home in the Community Development Block Grant program. The legal description is: Lot 11 and the south 5 feet of Lot 12, Block 3, Lambert’s 2nd Subdivision to the City of Grand Island, Hall County, Nebraska. The owner is requesting permission to assume a first mortgage, behind which the City would become the second mortgage. Discussion The City’s current Deed of Trust is junior in priority to a Deed of Trust to Morequity, Inc., in the amount of $17,400.00. A new lien in the amount of $61,200.00 with Popular Financial Service, LLC would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Popular Financial Service, LLC, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The new appraised value of the property is $68,000 and is sufficient to secure the first mortgage of $61,200.00 and the City’s original mortgage of $17,400.00. The City’s loan of $17,400.00 will be forgiven if the original owner of the property (Ronald R. Aguilar) resides in the house for a period of 15 years from the date the lien was filed which was July 1, 1994. The lien amount decreases 10% per year. (There is $3,383.33 left on the loan balance.) ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. RECOMMENDATION City Administration recommends that the Council approves the Subordination Request. Sample Motion Motion to approve the Subordination Agreement with Ronald .R. Aguilar to Popular Financial Service, LLC, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 8th day of August, 2006, by Ronald R. Aguilar, a single person, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Morequity, Inc., present owner and holder of the Deed of Trust and Note first and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Ronald R. Aguilar, a single person, DID EXECUTE a Deed of Trust dated July 1, 1994 to the City of Grand Island, covering: Lot Eleven (11) and the south five (5) feet of Lot Twelve (12), Block Three (3), Lambert’s Second Addition to the City of Grand Island, Hall County, Nebraska. To secure a Note in the sum of $17,400.00 dated July 1, 1994 in favor of the City of Grand Island, which Deed of Trust was recorded July 5, 1994 as Document No. 94- 105774 in the Official Register of Deeds Office of Hall County (remaining amount owed as of August 8, 2006 is $3,383.33); and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $61,200.00 dated August 8, 2006 in favor of Popular Financial Service, LLC, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2006. ___________________________________ Notary Public Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney R E S O L U T I O N 2006-212 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated July 1, 1994, and recorded on July 5, 1994, as Instrument No. 94-105774, in the amount of $17,400.00, with a remaining balance owed of $3,383.33 as of August 8, 2006, secured by property located at 715 North White Avenue and owned by Ronald R. Aguilar, said property being described as follows: Lot Eleven (11) and the south five (5) feet of Lot Twelve (12), Block Three (3), Lambert’s Second Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, Ronald R. Aguilar wishes to execute a Deed of Trust and Note in the amount of $61,200.00 with Popular Financial Service, LLC to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to his lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Ronald R. Aguilar, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Popular Financial Service, LLC, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2006-217 - Approving Request for Subordination Agreement for 1115 East 9th Street (Victor M. & Gina A. Henriquez) Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Marsha Kaslon, Community Development Council Meeting: August 8, 2006 Subject: Subordination Request for 1115 East 9th Street (Victor M. and Gina A. Henriquez) Item #’s: G-6 Presenter(s): Marsha Kaslon, Community Development Background The City of Grand Island has a Deed of Trust filed on property owned by Victor M. and Gina A. Henriquez at1115 East 9th Street, in the amount of $12,500.00 and $9,000.00 on December 31, 2002. Community Development Block Grant funds in the amount of $21,500.00 was loaned to Victor M. and Gina A. Henriquez, married persons, to assist in the purchase of a home in the Community Development Block Grant program. The legal description is: Lot Nine (9), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska. The owner is requesting permission to assume a first mortgage, behind which the City would become the second mortgage. Discussion The City’s current Deed of Trust is junior in priority to a Deed of Trust to Country Wide Mortgage, in the amount of $21,500.00. A new lien in the amount of $66,104.69 with Wells Fargo would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Wells Fargo, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The new appraised value of the property is $87,000 and is sufficient to secure the first mortgage of $66,104.69 and the City’s original mortgage of $21,500.00. The City’s loan of $21,500.00 will be forgiven if the original owner of the property (Victor M. and Gina A. Henriquez) resides in the house for a period of 10 years from the date the lien which was December 31, 2002. The lien amount decreases 10% per year on the lien of $12,500. (There is a balance of $17,020.81 left on the loan.) ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. RECOMMENDATION City Administration recommends that the Council approve the Subordination Request. Sample Motion Motion to approve the Subordination Agreement with Victor M. & Gina A. Henriquez to Wells Fargo, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 8th day of August, 2006, by Victor M. and Gina A. Henriquez, husband and wife, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Country Wide Mortgage, present owner and holder of the Deed of Trust and Note first and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Victor M. and Gina A. Henriquez, married persons, DID EXECUTE a Deed of Trust dated December 31, 2002 to the City of Grand Island, covering: Lot Nine (9), Lincoln View Estates Subdivision in the City Of Grand Island, Hall County, Nebraska. To secure a Note in the sum of $12,500.00 and $9,000 dated December 31, 2002 in favor of the City of Grand Island, which Deed of Trust was recorded December 31, 2002 as Document No. 200214703 and Document No. 200214704 in the Official Register of Deeds Office of Hall County (remaining amount owed as of August 8, 2006 is $17,020.81); and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $66,104.69 dated August 8, 2006 in favor of Wells Fargo, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Be neficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2006. ___________________________________ Notary Public Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney R E S O L U T I O N 2006-217 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated December 31, 2002, and recorded on December 31, 2002, as Instrument No. 0200214703, in the amount of $12,500.00, and a separate Deed of Trust dated December 31, 2002, and recorded on December 31, 2002, as Instrument No. 0200214704, in the amount of $9,000.00, secured by property located at 1115 East 9th Street and owned by Victor M. Henriquez and Gina A. Henriquez, husband and wife, said property being described as follows: Lot Nine (9), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska. WHEREAS, Victor and Gina Henriquez wish to execute a Deed of Trust and Note in the amount of $66,104.69 with Wells Fargo Bank, N.A. to be secured by the above-described real estate conditioned upon the City subordinating its two Deeds of Trust to its lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure all the loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Victor M. Henriquez and Gina A. Henriquez, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Wells Fargo Bank, N.A., Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-218 - Approving Acquisition of a Public Utilities Easement Located Along 1149 South Stuhr Rd (Amy Anderson) This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 08, 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 ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-218 WHEREAS, a public utility easement is required by the City of Grand Island, from Amy Anderson, a single person, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on August 8, 2006, for the purpose of discussing the proposed acquisition of an easement located in part of the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Rage Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, the easement being more particularly described as follows: Beginning at the southeast corner of Lot One (1), Hemmingsen Subdivision; thence North on the east line of Lot One (1), Hemmingsen Subdivision for a distance of twenty (20.0)feet, thence east on a line perpendicular to the east line of Hemmingsen Subdivision for a distance of seven (7.0) feet to the west line of an existing twenty (20.0) foot easement; thence south on the west line of said existing twenty (20.0) foot easement for a distance of forty (40.0) feet; thence west on a line perpendicular to said west line of the existing twenty (20.0) foot easement for a distance of seven (7.0) feet; thence north on a line being an extension of the east line of Lot One (1), Hemmingsen Subdivision for a distance of twenty (20.0) feet to the point of beginning and containing 280 sq ft more or less, as shown on Exhibit "A" dated October 18, 2005, attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Amy Anderson, a single person, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-219 - Approving Continuation of Street Improvement District 1256; Widening of Capital Avenue from the Moores Creek Drain to Webb Road Tuesday, August 08, 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: August 8, 2006 Subject: Approving Continuation of Street Improvement District 1256; Widening of Capital Avenue from the Moores Creek Drain to Webb Road Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Street Improvement District 1256 was created by the City Council on July 12, 2005. Legal notice of creation of the District was published in the Grand Island Independent on July 22, 2005. Notification was also mailed to the property owners stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. An information meeting was held on May 5, 2005 to explain the process to the abutting property owners. The District consists of widening Capital Avenue from the Moores Creek Drain to Webb Road. The district is an upgrade to a multi-lane concrete curb and gutter roadway with storm sewer. The costs for construction of sidewalks will be assessed where sidewalks do not already exist. A width of 41’ or no more than 20% of the project costs will be assessed to the benefiting properties, with the balance of the project paid with by federal funds. Discussion The Nebraska Department of Roads (NDOR) and the Federal Highway Administration have approved the mandated noise study that was completed in April 2006 by Olsson Associates of Grand Island, NE. Both the NDOR and the Federal Highway Administration have authorized the City of Grand Island to proceed with the Right-of-Way acquisitions and to continue the district. This district completed the 20-day protest period at 5:00 p.m., August 8, 2005. No protests were filed against this district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the continuation and construction of Street Improvement District 1256. 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 continuation and construction of Street Improvement District 1256. Sample Motion Motion to approve continuation and construction. Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-219 WHEREAS, Street Improvement District No. 1256 (widening of Capital Avenue from the Moore's Creek Drainway to Webb Road), was created by Ordinance No. 8985 on July 12, 2005; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, an informational meeting was held on May 5, 2005 to further explain said project; and WHEREAS, on July 22, 2005, letters were sent to abutting property owners advising them of the creation of such improvement district; and WHEREAS, the protest period ended on August 8, 2005, and no protests were filed with the City Clerk against the creation of Street Improvement District No. 1256. WHEREAS, a mandated noise study has been completed, and the Nebraska Department of Roads and the Federal Highway Administration have now authorized the City to proceed with right-of- way acquisitions and the construction such project; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1256, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G9 #2006-220 - Approving Certificate of Final Completion for Street Improvement District 1257; Shanna Street in Western Heights 4th Subdivision Tuesday, August 08, 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: August 8, 2006 Subject: Certificate of Final Completion for Street Improvement District 1257; Shanna Street in Western Heights 4th Subdivision Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Street Improvement District 1257 was awarded to The Diamond Engineering Company of Grand Island, NE on March 7, 2006. Work commenced on April 19, 2006 and was completed on May 31, 2006. Discussion Street Improvement District 1257 was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and the specifications. The project was completed on schedule at a construction price of $117,704.47. Total cost of the project, including contract administration, is $129,474.92. The bulk of the overruns were for removal and replacement of driveways to make a transition to the new concrete roadway. Costs for the project break down as follows: Original Bid $ 104,273.72 Overruns $ 12,608.95 Underruns ($ 178.20) Remove & Replace Mailboxes $ 1,000.00 Sub Total (Construction Price) $ 117,704.47 Additional Costs: Contract Administration, Engineering, and Publication Costs $ 11,770.45 Total Cost $ 129,474.92 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 and schedule the Board of Equalization hearing. 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 Certificate of Final Completion and set the Board of Equalization date of September 12, 2006 for Street Improvement District 1257. Sample Motion Motion to approve the Certificate of Final Completion and set the Board of Equalization hearing. ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT DISTRICT 1257 CITY OF GRAND ISLAND, NEBRASKA AUGUST 8, 2006 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1257 has been fully completed by The Diamond Engineering Company of Grand Island, NE under the contract dated March 21, 2006. The construction of this Street Improvement District has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement District is hereby accepted for the City of Grand Island, Nebraska, by me, Steven P. Riehle, Public Works Director, in accordance with the provisions of Section 16-650 R.R.S., 1943. District No. 1257, Shanna Street in Western Heights 4th Subdivision Final Quantities- Street Improvement District No. 1257 Shanna Street in Western Heights Fourth Sub. 7/27/2006 Bids Opened March 1, 2006 Diamond Engineering Co. No. Description Quantity Unit Unit Price Total Price 1 6" PCC Pavement 3021.7 sy $ 23.60 $ 71,312.12 2 PCC Integral Curb 1290 lf $ 1.55 $ 1,999.50 3 PC Concrete Header 37 lf $ 12.20 $ 451.40 4 5" PCC Driveway 552 sy $ 26.40 $ 14,572.80 5 4" PCC Sidewalk 500 sf $ 3.30 $ 1,650.00 6 Type "D" Modified Inlets 2 ea $ 1,510.00 $ 3,020.00 7 18" RCP, Cls. III 26 lf $ 37.60 $ 977.60 8 Adjust Manhole 2 ea $ 355.00 $ 710.00 9 Remove Conc. Or Asph. Pavement 2318 sy $ 5.85 $ 13,560.30 10 Remove Sidewalk 301 sf $ 0.70 $ 210.70 11 Remove Conc. Or Asph. Driveway 721 sy $ 7.75 $ 5,587.75 12 Pavement Sawcut 24 lf $ 3.15 $ 75.60 13 Remove 6" PVC Culvert 28 lf $ 7.15 $ 200.20 14 Remove 12" CMP Culvert 187 lf $ 7.50 $ 1,402.50 15 Remove 15" RCP Culvert 50 lf $ 7.60 $ 380.00 16 Remove & Relay 18" RCP St. Sewer 40 lf $ 14.85 $ 594.00 Total Contract Cost $ 116,704.47 Remove & Replace mailboxes 10 ea $ 100.00 $ 1,000.00 Total Construction Cost $ 117,704.47 Engineering-10% $ 11,770.45 Total Cost- St. Imp. Dist. 1257 $ 129,474.92 Respectfully submitted, Steven P. Riehle Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - August 8, 2006 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement District No. 1257, be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from Account No. 40033530-90061 in the amount of $11,770.45. I further recommend that the City Council sit as the Board of Equalization on September 12, 2006 to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-220 WHEREAS, the City Engineer of the City of Grand Island have issued a Certificate of Final Completion for Street Improvement District No. 1257 located on Shanna Street in Western Heights 4th Subdivision in Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract approved on March 7, 2006, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer recommends the acceptance of the 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: 1. The Certificate of Final Completion for Street Improvement District No. 1257 is hereby confirmed and approved. 2. The City Council will sit as a Board of Equalization on September 12, 2006 to determine benefits and set assessments for Street Improvement District No. 1257. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-221 - Approving Change Order No. 2 with Chief Construction for Law Enforcement Center Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: August 8, 2006 Subject: Change Order #2 Law Enforcement Center Item #’s: G-10 Presenter(s): Steven Lamken, Police Chief Background Additional costs associated with this change order result from the required use of 16 gauge studs in lieu of 20 gauge studs for lobby walls. Although the structural drawings do indicate 16 gauge studs, the architectural drawings are unclear. Discussion The proposal was reviewed and approved by the project engineer and architect. Accepting Change Order #2 in the amount of $2,526.30 will reduce the contingency fund for the project to a total of $155,078.70. The initial contingency fund amount for the project was set at $150,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Change Order #2. 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 Change Order #2 for the Law Enforcement Center. Sample Motion Motion to approve Change Order #2 for the construction of the Law Enforcement Center with Chief Construction of Grand Island, Nebraska for a deduction in the contingency fund in the amount of $2,526.30. Wilson Estes Police Architects 5799 Broadmoor Suite 520 Mission, Kansas 66202 www.policearchitects.com Ph: (913) 384-1115▲ E-mail: tom@policearchitects.com ▲ Fax: (913) 384-2292 1 August 2006 Captain Robert Falldorf GRAND ISLAND POLICE DEPARTMENT 131 South Locust Grand Island, Nebraska 68801 Re: Grand Island / Hall County Law Enforcement Center Change Order No. 2 Dear Robert, We have reviewed and recommend acceptance of the accompanying Changer Order No. 2. Change Order No. 2 Summary Requested By: Bohnert Construction Description of Change: Change Relocate column lines 19 and 24 as described in the letter from A. T. Renczarski dated June 8, 2006. Make changes to sheets S000 and S301 as described in the letter from A. T. Renczarski dated June 8, 2006. Construct two-story lobby walls as indicated on ASD-77. Additional cost associated with this change result from the requirement that lobby walls required the use of sixteen gage studs in lieu of 20 gage. Although the structural drawings do indicate 16 gage studs, the architectural drawings are unclear. Grand Island / Hall County Law Enforcement Center Change Order Summary Page: 2 Ph: (913) 384-1115▲ E-mail: tom@policearchitects.com ▲ Fax: (913) 384-2292 Purpose of Change: Correction of discrepancies between the architectural and structural drawings. Change to Contract Time: No Change Substantial Completion Date after this Change Order: 20 August, 2007 Original Contract Sum: 7,406,080.00 Contract Sum prior to this change: 7,406,080.00 Change in Contract Sum by this Change Order 0.00 New Contract sum after this Change Order: 7,406,080.00 Original Contingency Allowance: 150,000.00 Contingency Allowance prior to this Change Order: 157,605.00 Change in Contingency Allowance by this Change Order: -2526.30 New Contingency Allowance after this Change Order: 155,078.70 Reference Documents: Proposal Request No. 3 CR #1 REV If you have any questions or require any additional information, please let me know. Regards, WILSON ESTES POLICE ARCHITECTS Tom Zahn Project Manager Attachments: Change Order No. 2 Change Request CR #1 REV Bohnert Const, A Div Of Chief Ind 6124 Connecticut Ph : (816)231-2281 Kansas City, MO 64120 Change Request Phone: Job:06-363 GRAND ISLAND LAW ENFORCEMENT Number: Date: (308)385-5444 CR #1 REV 7/31/06 To:ZAHN, TOM WILSON ESTES POLICE ARCHITECTS 5799 BROADMOOR, SUITE 520 OVERLAND PARK, KS 66202 Ph: (913)384-1115 Fax: (913)384-2292 Description:Work Required By ASI # 3 We are pleased to offer the following specifications and pricing to make the following changes: ASI # 3 switches metal studs from 20ga. to 16ga. which incurs additional costs for both material and labor as follows: Add for 16ga. studs Material $2,250 Labor $1,101 Sub Mark-up $ 335 ------------------------------------------------------- Total ADD $3,686 Credit for 20ga. Studs Material ($723) Labor ($525) Sub Mark-up ($125) ________________________________ Total Credit (1,373) The total amount to provide this work is .................................................................................................. $2,526.30 (Please refer to attached sheet for details.) The schedule is not affected by this change. If you have any questions, please contact me at (816)231-2281. Submitted by:Approved by: Date: Cc: ACKERMAN, GRANT Page 1 of 2 Bohnert Const, A Div Of Chief Ind 6124 Connecticut Ph : (816)231-2281 Kansas City, MO 64120 Change Request CR #1 REV Price Breakdown Continuation Sheet Description:Work Required By ASI # 3 Description PriceMaterialSubcontractOtherEquipmentLabor E & K Costs $2,313.00$2,313.00 Subtotal:$2,313.00 $213.30Bohnert Fee 10%$2,313.00 9.22% $0.00 Total:$2,526.30 Page 2 of 2 Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-221 WHEREAS, on May 2, 2006, by Resolution 2006-151, the City of Grand Island awarded a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000; and WHEREAS, on July 11, 2006, by Resolution 2006-194, the City of Grand Island approved Change Order No. 1 to allow the use of aluminum instead of copper for the electrical feeder conductors for the project for a savings to the City of $7,605.00, increasing the construction contingency to $157,605.00; and WHEREAS, at this time it is necessary to correct a discrepancy between the architectural and structural drawings for the project with respect to the use of 16 gauge studs rather than 20 gauge studs for the lobby walls of the facility; and WHEREAS, such change has been incorporated into Change Order No. 2, and will result in an expense in the amount of $2,526.30, leaving a balance of $155,078.70 in the construction contingency. 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. 2 for the construction of the Law Enforcement Center to correct the discrepancy between the architectural and structural drawings for the project with respect to the use of 16 gauge studs rather than 20 gauge studs for the lobby walls of the facility. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2006-222 - Approving a Time Extension to the Contract with The Diamond Engineering Company for Construction of Street Improvement District 1258; Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) Tuesday, August 08, 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: August 8, 2006 Subject: Approving a Time Extension to the Contract with The Diamond Engineering Company for Construction of Street Improvement District 1258; Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background Any changes to a contract require council approval. The City Council awarded the bid for construction of Street Improvement District 1258 to The Diamond Engineering Company on April 11, 2006. The contract called for the work to be completed by July 15, 2006. Discussion The Diamond Engineering Company is requesting to extend the completion time to September 15, 2006. The contractor has paving work adjacent to schools which needs to be completed before the start of school. Administration believes this request is reasonable. The developer who requested the Street Improvement District has approved the time extension. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the time extension. 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 to extend the completion date to September 15, 2006. Sample Motion Motion to approve the time extension. City of Grand Island CONTRACT TIME EXTENSION 100 East First Street Grand Island NE 68801 PROJECT: Street Improvement District 1258; Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) CONTRACTOR: The Diamond Engineering Company AMOUNT OF ORIGINAL CONTRACT: $157,886.40 CONTRACT AWARD DATE: April 11, 2006 CONTRACT DATE: April 25, 2006 Notice to Proceed Date……………………………………..……………….... April 26, 2006 Original Completion Date …………………….…………………………...…….July 15, 2006 Revised Completion Date ……………...…………………..……...…...September 15, 2006 Contractor The Diamond Engineering Company By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-222 WHEREAS, on April 11, 2006, by Resolution 2006-111, the City Council of the City of Grand Island approved the bid of the Diamond Engineering Company of Grand Island, Nebraska for Street Improvement District No. 1258 [Faidley Avenue extending west for 650 feet]; and WHEREAS, the Diamond Engineering Company has requested an extension of the completion date for the project, with a new proposed completion date of September 15, 2006; and WHEREAS, the developer requesting the paving project and city staff believe that the extension request is reasonable and should be granted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for Street Improvement District No. 1258 is hereby extended until September 15, 2006. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-223 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District 452 - Knott Subdivision Area Tuesday, August 08, 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 Meeting: August 8, 2006 Subject: Water Main District 452 – Knott Subdivision Area Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background Water Main District 452 was created at the request of area property owners to serve Knott Avenue, Lake Street, and Tri Street within the Knott Subdivision and Palu Subdivision. The neighborhood is located south of US Highway 34 and west of Locust Street (just west of Wal-Mart south) and is a combination of single family homes and commercial development. A map of the district is attached for reference. The district passed protest with only 3.3% protest. Discussion The construction was done as an “Assessment District”. This is the standard method used by the City to recoup costs when new water mains are installed at the request of the area property owners in developed areas. The total project cost was $82,176.85. Of the total, the amount chargeable to the district is $72,353.26. The City’s cost for oversized mains and extending lines to the area is $9,823.59. Since the area is a combination of single family homes and commercial development, the calculations for assessments are based on 8” diameter mains in commercial areas and 6” diameter mains for residential. Additionally, the properties within the district vary substantially in shape, size, and configuration. By state statute, assessments are to be determined by the benefit added to the properties. With the variation in configuration, staff selected an assessment computation method utilizing two separate property characteristics, the front footage and property area. Half of the assessment is based on front footage and half on property area. The assessment is due 50 days after the Council sets the assessments at the Board of Equalization (BOE) Hearing. The Water Department will finance the assessment for five years at 7% simple interest on the unpaid balance. Attached for reference are copies of the district’s costs, ownership records, and calculated assessments. 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 and set the date of the Board of Equalization 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 Certificate of Final Completion and set the Board of Equalization for September 12, 2006 to determine benefits and assessments for the properties within the boundaries of Water Main District 452. Sample Motion Make a motion to approve the Certificate of Final Completion for Water Main District 452, Knott Subdivision area, and set the Board of Equalization for September 12, 2006. WATER MAIN DISTRICT 452Knott Subdivision - Lake St, Knott Ave, Tri StWWO 22141QUANTITIESTOTAL AMT6" Equivalent 8" OversizeItem Description Bid Unit $ PLACED COMPLETED $ Residential Commercial CityC. 1.01 12" x 12" x 8" Tapping Sleeve 1,964.92 1.00 EA 1,964.92 $859.65 $982.46 $122.81C. 1.02 8" D.I. Pipe (sj) 21.38 1,631.51 LF 34,881.68 $15,858.35 $16,757.86 $2,265.47C. 1.03 8" x 8" x 8" Tee (mj) 251.22 2.00 EA 502.44 $219.82 $251.22 $31.40C. 1.04 8" x 8" x 6" Tee (mj) 192.21 4.00 EA 768.84 $336.37 $384.42 $48.05C. 1.05 8" x 6" Reducer (mj) 109.52 1.00 EA 109.52 $0.00 $109.52 $0.00C. 1.06 8" x 90° Ell (mj) 174.03 1.00 EA 174.03 $76.14 $87.02 $10.87C. 1.07 8" x 45° Ell (mj) 161.33 2.00 EA 322.66 $141.16 $161.33 $20.17C. 1.08 8" Cap (mj) w/ 2" Tap 136.53 2.00 EA 273.06 $119.46 $136.53 $17.07C. 1.09 8" Set Screw Ring 49.28 2.00 EA 98.56 $43.12 $49.28 $6.16C. 1.10 8" RS Gate Valve 792.26 3.00 EA 2,376.78 $1,039.84 $1,188.39 $148.55C. 1.11 8" RS Tapping Valve 966.51 1.00 EA 966.51 $422.85 $483.26 $60.40C. 1.12 Valve Box 152.35 4.00 EA 609.40 $304.70 $304.70 $0.00C. 1.13 1" Water Service Complete 861.37 12.00 EA 10,336.44 $10,336.44 $0.00 $0.00C. 1.14 Thrust Block 109.03 10.00 EA 1,090.30 $545.15 $545.15 $0.00C. 1.15 Bell Block 395.07 2.00 EA 790.14 $395.07 $395.07 $0.00C. 1.16 Poly Wrap 0.76 1,568.00 LF 1,191.68 $619.17 $572.51 $0.00C. 1.17 Fire Hydrant Assembly 1,144.10 4.00 EA 4,576.40 $2,288.20 $2,288.20 $0.00C. 1.18 Remove Asph / Conc Roadway 4.67 44.00 SY 205.48 $102.74 $102.74 $0.00C. 1.19 Replace Asph / Conc Roadway 33.91 44.00 SY 1,492.04 $746.02 $746.02 $0.00C. 1.20 Saw Cut 2.76 49.50 LF 136.62 $68.31 $68.31 $0.00C. 1.21 TOTAL$62,867.50 $34,522.56 $25,613.99 $2,730.95Water Dept Materials3,999.03 $1,999.51 $1,999.52 $0.00Engineering / Overhead / Administration 15,310.32 $4,108.84 $4,108.84 $7,092.64TOTAL PROJECT COST$82,176.85$40,630.91 $31,722.35 $9,823.59 WMD 452 RESIDENTIAL AREAAssessable $SUBDIVISION LOT & Blk Owner and Address Sq Footage Front Ft1/2 SF+1/2 FFPalu Subdivision Part of 8 Dorothy Menke Revocable Trust 15,470.25 101.00 $2,985.49See attached description Dorothy Menke Trustee3412 Tri StreetGrand Island, NE 68801Palu Subdivision 9 Gaylord A & Susan Martens H & W 16,311.50 101.00 $3,061.50Tomas Palu, David Palu, Amy Palu, and Micheal Palu3422 Tri StreetGrand Island, NE 68801Palu Subdivision 11 Manuel & Cathern E Vega H & W 14,719.82 101.80 $2,930.27324 Lake StreetGrand Island, NE 68801Palu Subdivision 12 Dennis L Beins, a single person 16,384.18 101.60 $3,077.493428 Tri StreetGrand Island, NE 68801Knott Subdivision 1 1 Lyle E & Arlene M Knott 22,101.38 157.07 $4,466.061 2 321 Lake Street 15,000.00 100.00 $2,927.282 2 Grand Island, NE 68801 17,397.89 100.00 $3,143.925 2 16,000.00 100.00 $3,017.63$13,554.89Knott Subdivision 2 1 Marlene R & Jerald W Andersen W & H 23,401.70 140.00 $4,315.18407 Lake StreetGrand Island, NE 68801Knott Subdivision 9 1 Ronnie L & Solveig L Knott H & W 19,422.98 117.79 $3,606.564 2 321 Knott Ave 18,397.94 90.00 $3,077.07Grand Island, NE 68801 $6,683.63Knott Subdivision 3 2 Randy L & Terri L Knott H & W 30,254.14 82.00 $4,022.46313 Knott AveGrand Island, NE 68801224,861.78 1,292.26 $40,630.91$0.1806928 $31.4417455WMD 452 COMMERCIAL AREAAssessable $SUBDIVISION / SECTION LOT & Blk Owner and Address Sq Footage Front Ft1/2 SF+1/2 FFValentine Motel Subdivision 1 R S Wheel, LLC a NE Limited Liability Co 18,750.00 125.00 $4,522.332514 S Locust StreetGrand Island, NE 68801Palu Subdivision 7 R2S2, LLC a NE Limited Liability Co 16,311.50 101.00 $3,816.6010 2024 Stagecoach Road 14,554.10 101.00 $3,570.63Pt NE 1/4, NE 1/4 Sec 33-11-9 Grand Island, NE 68801 63,709.22 717.58 $19,812.80See attached description$27,200.03113,324.82 1,044.58 $31,722.36$0.2799241 $30.3685200 Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-223 WHEREAS, the City Engineer and the Utilities Director of the City of Grand Island have issued a Certificate of Final Completion for Water Main District No. 452 in Knott Subdivision and Palu Subdivision in Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer and the Utilities Director recommend the acceptance of the 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: 1. The Certificate of Final Completion for Water Main District No. 452 is hereby confirmed and approved. 2. The City Council will sit as a Board of Equalization on September 12, 2006 to determine benefits and set assessments for Water Main District No. 452. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-224 - Approving Contract with Flatwater Materials for Sale of Fly Ash from Platte Generating Station - Utilities Department Tuesday, August 08, 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: August 8, 2006 Subject: Platte Generating Station Fly Ash Purchase Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background As part of the combustion process of the coal in the boiler at the Platte Generating Station, ash is entrained in the exhaust gas. This ash, referred to as fly ash, is removed by an electrostatic precipitator before the gas enters the chimney. It is conveyed from the precipitator to a storage silo. The ash must then be disposed in on-site landfill areas or used for off-site applications such an additive for concrete or asphalt, or soil stabilization. Almost all of the ash is of a quality usable for these off-site uses and has been sold to contractors since shortly after plant start-up. The contractor is responsible for removal of the ash to ensure that the operation of the plant is not impacted. Discussion The specifications for the Platte Generating Station Fly Ash Purchase were prepared and issued for bid in accordance with City purchasing procedures. This five year contract is based on a “take all” basis during each calendar year with a price per ton paid to the City. Responses were received from the following bidders. Bidder Bid Price Headwaters Resources, Fargo, ND $ 2.00 per ton Flatwater Materials, Inc., Grand Island, NE $ 0.76 per ton The specifications include a provision requiring the contractor to remove all ash produced at the plant. That has been a standard provision in the Ash Contract for over ten years. The high bidder, Headwaters Resources, took exception to that provision with no indications as to how much ash they would re-use. If that exception were allowed, the Contract would allow the contractor to remove no ash, which would require the Utilities Department to provide for on-site landfill at the Department’s expense. This bid is therefore evaluated as non-compliant with the specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Contract for the Platte Generating Station Fly Ash Purchase 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 the Bid to Flatwater Materials, Inc. from Grand Island, NE, as the high responsive bidder, with the bid purchase price of $0.76 per ton. Sample Motion Motion to approve the bid of $0.76 per ton from Flatwater Materials, Inc. for the Platte Generating Station Fly Ash Purchase as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 20, 2006 at 11:00 a.m. FOR: Fly Ash Purchase (PGS) DEPARTMENT: Utilities ESTIMATE: None FUND/ACCOUNT: 520 PUBLICATION DATE: July 6, 2006 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Headwaters Resources Flatwater Materials Inc. Fargo, ND Grand Island Exceptions: Noted None Bid Price: $2.00 per ton $0.76 per ton cc: Gary Mader, Utilities Director Tim Luchsinger, Asst. Utilities Director Pat Gericke, Utilities Admin. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1094 Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-224 WHEREAS, the City of Grand Island invited bids for Platte Generating Station Fly Ash Purchase from the Utilities Department, according to the plans and specifications on file in the office of the Utilities Department; and WHEREAS, on July 6, 2006, bid were received, opened and reviewed; and WHEREAS, Flatwater Materials, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $.76 per equivalent dry ton. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Flatwater Materials, Inc. of Grand Island, Nebraska, in the amount of $.76 per equivalent dry ton to purchase fly ash from the Platte Generating Station is hereby approved as the highest responsive bid submitted. BE IT FURTHER RESOLVED, that a contract for such project be entered into between the City and such contractor ; and that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-225 - Approving Acquisition of Hike/Bike Easement Located at 3645 South Locust Street (Judith K. Poland) This item relates to the aforementioned Public Hearing Item E-3. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-225 WHEREAS, a hike/bike trail easement is required by the City of Grand Island, from Judith K. Poland, a single person, to install, upgrade, maintain, and repair a hike/bike path along the west side of South Locust Street south of U.S. Highway 34; and WHEREAS, a public hearing was held on August 8, 2006, for the purpose of discussing the proposed acquisition of an easement and right-of-way located in the Northwest Quarter (NW1/4) of Section 34, Township 11 North, Range 9 West of the 6th P.M., city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: Referring to the southwest corner of the Northwest Quarter of said Section 34; thence easterly along the south line of said Northwest Quarter a distance of 25.761 meters (84.52 feet) to a point, said point also being the true Point of Beginning; thence easterly deflecting 00º00'00" right along the south line of said Northwest Quarter a distance of 11.384 meters (37.35 feet) to a point; thence northwesterly deflecting 95º20'59" left a distance of 98.221 meters (322.25 feet) to a point; thence northerly deflecting 03º24'06" right a distance of 117.565 meters (385.71 feet) to a point; thence northerly deflecting 0º34'09" left a distance of 69.919 meters (229.39 feet) to a point; thence northerly deflecting 0º34'08" left a distance of 99.946 meters (327.91 feet) to a point; thence easterly deflecting 90º00'00" right a distance of 8.300 meters (27.23 feet) to a point; thence northerly deflecting 90º00'00" left a distance of 10.424 meters (34.20 feet) to a point; thence westerly deflecting 87º04'20" left a distance of 13.317 meters (43.69 feet) to a point; thence southerly deflecting 92º55'40" left a distance of 111.037 meters (364.29 feet) to a point; thence southerly deflecting 0º34'08" right a distance of 69.846 meters (229.15 feet) to a point; thence southerly deflecting 0º34'09" right a distance of 215.227 meters (706.12 feet) to the point of beginning. Said easement containing an area of 0.241 hectares (0.60 acres) more or less. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public hike/bike trail easement from Judith K. Poland, a single person, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item H1 Consideration of Request of CXT/LB Foster for Conditional Use Permit to Extend the Temporary Use of Office Trailers Located at 710 East US Highway 30 This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2006-226 - Consideration of Request of Delfino Vargas-Bernal dba Las Vegas Bar and Grill, 316 East 2nd Street for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-226 WHEREAS, an application was filed by Delfino Vargas-Bernal, doing business as Las Vegas Bar and Grill at 316 East 2nd Street 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 July 29, 2006; such publication cost being $13.60; and WHEREAS, a public hearing was held on August 8, 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, with the stipulation that a state approved alcohol server/seller training program be completed by Mr. Vargas-Bernal. ____ 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: ________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-227 - Consideration of Economic Development Incentive Agreement with J.C. Doyle, Ltd. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: Marlan Ferguson, EDC President City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, Interim City Attorney Meeting: August 8, 2006 Subject: Authorizing the City to Enter Into an Incentive Agreement for Inducement Grants and Benefits to J.C. Doyle, Ltd. Item #’s: I-2 Presenter(s): Dale M. Shotkoski, Interim City Attorney Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives. J.C. Doyle, Ltd. has applied for a forgivable loan from the Grand Island Area Economic Development Corporatio n pursuant to the Economic Development Plan. This application has been reviewed and approved by the executive committee of the Economic Development Corporation and by the Citizens Advisory Review Committee. The J.C. Doyle, Ltd. application is now being forwarded to the City Council for its approval pursuant to the city’s economic development plan. Discussion The Economic Development Corporation has taken the application of J.C. Doyle, Ltd., for a $20,000 forgivable loan as an incentive to assist with the production of computer software in the City of Grand Island. An incentive agreement for inducement grants and benefits has been prepared by the Economic Development Corporation which sets forth the terms under which J.C. Doyle, Ltd. would receive these benefits. J.C. Doyle, Ltd. would receive a $20,000 forgivable loan which would not have to be repaid if J.C. Doyle, Ltd. meets all of the employment targets during the five year period for which the agreement would be in effect. The Incentive Agreement spells out in detail how the employment targets would be calculated and what amount of funds would be paid back if these targets are not met. The application of J.C. Doyle, Ltd. meets all of the criteria for extending economic incentives and the Economic Development Corporation’s executive board as well as the Citizens Advisory Review Committee have both unanimously recommended approval of the incentive agreement by the Grand Island City Council. For the above mentioned reasons, city administration is seeking City Council approval of the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with J.C. Doyle, Ltd.. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits. 2. Disapprove or /Deny the agreement for inducement grants and benefits. 3. Modify the agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with J.C. Doyle, Ltd.. Sample Motion Approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with J.C. Doyle, Ltd. Approved as to Form ¤ ___________ August 3, 2006 ¤ City Attorney R E S O L U T I O N 2006-227 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, J.C. Doyle, Ltd. has applied for a forgivable loan in the amount of $20,000 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on July 26, 2006 by the Citizens Advisory Review Committee; and WHEREAS, J.C. Doyle, Ltd. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to J.C. Doyle, Ltd. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation, and J.C. Doyle, Ltd. to provide $20,000 in economic assistance through a forgivable loan to J.C. Doyle, Ltd. to be used to expand its existing computer software and maintenance operations. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item I3 #2006-228 - Consideration of Statement on EPA Proposed Action Concerning the Parkview Superfund Site Tuesday, August 08, 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 Meeting: August 8, 2006 Subject: EPA Proposed Action concerning the Parkview Superfund Site Item #’s: I-3 Presenter(s): Gary R. Mader, Utilities Director Background As a part of the Parkview Superfund Program, EPA has conducted detailed analyses of the Volatile Organic Compound (VOC) contamination plume in the southern and southwestern portions of Grand Island. The contamination plume is now well defined. EPA has developed an interim remediation plan that was presented at a public meeting held at City Hall on July 27, 2006. At that meeting EPA presented its information concerning the extent and origin of the contamination and a number of alternatives concerning remediation. Along with the comment received at the public meeting, EPA will receive additional written comment on the information presented and on the remediation alternatives presented. The public comment period closes on August 20, 2006. Discussion The recommended remediation alternative from EPA involves the installation of extraction wells in the contaminated portion of the aquifer, near the leading edge of the plume. The leading edge is currently in the Parkview Subdivision of the City. The design includes wells fo r the removal of the contaminated groundwater, piping systems to move the extracted water to a filter treatment facility to remove the VOC’s, and return of the cleaned water to area lakes or natural drainage in the area. Restoration of the aquifer is estimated to take decades. In the Parkview Subdivision, most of the residents utilize private wells which tap the underlying aquifer for water supply. A significant portion of that underlying aquifer is contaminated above standards for drinking water. At the public meeting, there were a number of comments requesting the extension of the City water system into the Parkview area, in order to provide a safe water supply during the interim time period that the recommended remediation system is operating. The extension of City water lines is not now a part of the EPA’s proposed plan. From comments heard at the public meeting and from some Council members, staff felt that the Council might wish to make formal comments concerning the proposed EPA remediation plan. The attached Resolution has been drafted for Council’s consideration as comment to EPA during the formal comment period. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Modify the Resolution 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council make its wishes known to EPA concerning this matter, via the proposed Resolution, and that the Mayor be directed to provide comments to EPA expressing the City’s position. Sample Motion Motion to approve the Resolution stating the position of the Grand Island City Council. Approved as to Form ¤ ___________ August 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-228 WHEREAS, the City of Grand Island, Nebraska is the site of the Parkview Well Superfund Site; and WHEREAS, the Environmental Protection Agency has conducted extensive analyses of the ground water contamination by Volatile Organics Compounds, which affects a wide area in the southern and southwestern areas of the City; and WHEREAS, the high levels of contamination have great potential to cause adverse health affects, have resulted in the loss of numerous private wells and a municipal well, and have caused grave concern among the City’s citizenry; and WHEREAS, the Environmental Protection Agency has proposed an interim remedy under CERCLA (the Comprehensive Environmental Response, Compensation and Liability Act) to remediate the distal groundwater contamination affecting numerous private drinking water wells and potentially affecting additional municipal wells; and WHEREAS, the proposed interim remedy includes provisions to clean the contaminated ground water to protect public health and municipal wells; and WHEREAS, the Preferred Alternative estimated time to achieve the Remedial Action Objectives (ROA) is of concern at a 30 year time frame. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island does hereby support the remediation Proposed Alternative as presented by EPA at the Public Meeting held in Grand Island on July 27, 2006 for the long term clean-up of contaminated ground water. BE IT FURTHER RESOLVED, that the City of Grand Island is concerned that the 30 year time frame for clean-up is too long and that EPA, at its cost, should extend the municipal water system into the Parkview area to immediately address the contaminated private wells in the area in order to protect the public health in the immediate future. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to provide comments to the EPA expressing the City’s position. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 8, 2006. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of July 26, 2006 through August 8, 2006 The Claims for the period of July 26, 2006 through August 8, 2006 for a total amount of $2,391,075.13. A MOTION is in order. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of July 12, 2006 through August 8, 2006 The Claims for the Library Expansion for the period of July 12, 2006 through August 8, 2006 for the following requisitions. #32 $239,102.86 #33 $ 429.19 A MOTION is in order. Tuesday, August 08, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council