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12-05-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 05, 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 Call to Order City of Grand Island City Council 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. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Jay Vetter, Trinity United Methodist Church, 511 North Elm Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item -1 Approving Minutes of November 28, 2006 City Council Regular Meeting Tuesday, December 05, 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 November 28, 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 November 28, 2006. Notice of the meeting was given in The Grand Island Independent on November 22, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and Interim City Attorney Dale Shotkoski. INVOCATION was given by Pastor Josh Sikes, Third City Christian Church, 4100 West 13th Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek acknowledged Community Youth Council members Kasey Grim and Ben Robbins. PRESENTATIONS AND PROCLAMATIONS: Presentation of the Howard Eakes Award to 1-R School 8th Grade Class from Clean Community System. The Mayor and City Council recognized the efforts of District 1-R eighth grade students for work on an anti-littering campaign. Betty Curtis representing Clean Community Systems presented the “Howard Eakes Award” to the eight h-graders. ADJOURN TO BOARD OF EQUALIZATION: Motion by Cornelius, second by Pielstick, carried unanimously to adjourn to the Board of Equalization. #2006-BE-12 – Consideration of Determining Benefits for Sanitary Sewer District No. 519, Lots 10 through 21 of Westwood Park Second Subdivision. Steve Riehle, Public Works Director reported that Sanitary Sewer District No. 519 was completed by The Starostka Group Unlimited, Inc. and a certificate of final completion was approved on October 24, 2006. The cost to be assessed was $167,939.30. Bill Foster, 817 Redwood Road spoke in opposition. Motion by Pielstick, second by Hornady to approve Resolution #2006-BE-12. Upon roll call vote, all voted aye. Motion adopted. #2006-BE-13 – Consideration of Determining Benefits for Sanitary Sewer District No. 521; Lot 9 of Westwood Park Second Subdivision. Steve Riehle, Public Works Director reported that Sanitary Sewer District No. 521 was completed by The Starostka Group Unlimited, Inc. and a Page 2, City Council Regular Meeting, November 28, 2006 certificate of final completion was approved on October 24, 2006. The cost to be assessed was $13,994.94. Motion by Pielstick, second by Hornady to approve Resolution #2006-BE-13. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Change of Zoning for a Tract of Land Proposed for Platting as Ponderosa Village Subdivision Located West of Highway 281 and South of Rae Road from RD Residential Development to B2 General Business. Chad Nabity, Regional Planning Director reported that the developer was proposing to move James Road to the west creating more space between U.S. Highway 281 and the frontage road and reconfigure the intersection of James Road and Rae Road. No public testimony was heard. Public Hearing on Amendment to Redevelopment Plan for Blighted and Substandard Area #2 for Southeast Crossings LLC for a Commercial Center to be Located at 939 South Locust Street (Ray O’Connor) Chad Nabity, Regional Planning Director reported that Ray O’Connor of Southeast Crossings LLC had applied for tax increment financing for the development of and expansion of commercial retail/office space at 939 South Locust Street. A proposed redevelopment contract would extend tax increment financing for 15 years and not exceed $182,560.00 during that period of time. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3203 Frontage Road – Webb Road and Highway 30 (Grand Island Commercial Ventures, LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 3203 Frontage Road, Webb Road and Highway 30 was needed in order to have access to install, upgrade, maintain, and repair water mains. This easement would be used to place a three-phase pad-mounted transformer to provide electrical service to a new commercial building. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1312 Sky Park Road (Central Nebraska Humane Society) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 1312 Sky Park Road was needed in order to have access to install, upgrade, maintain, and repair water mains. This easement would be used to place underground conduit, cable, and a pad-mounted transformer to provide electrical service to the new Humane Society building. No public testimony was heard. 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: #9083 – Consideration of Creation of Water Main District No. 453T – Grand Island Army Aviation Support Facility #9086 – Consideration of Creation of Water Main District No. 455 – Parkview Area Page 3, City Council Regular Meeting, November 28, 2006 #9090 – Consideration of Creating Sanitary Sewer Connection District No. 522T; Gravity Main, Force Main, and Lift Station for the Nebraska Army National Guard Aviation Support Facility #9091 – Consideration of Assessments for Sanitary Sewer District No. 519; Lots 10 through 21 of Westwood Park Second Subdivision #9092 – Consideration of Assessments for Sanitary Sewer District No. 521; Lot 9 of Westwood Park Second Subdivision #9093 – Consideration of Vacating a Portion of James Road Right-of-Way South of Rae Road #9094 – Consideration of Amending Chapter 4 of the Grand Island City Code Relative to Alcoholic Beverages #9095 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Ponderosa Village Subdivision Located West of Highway 281 and South of Rae Road from RD Residential Development to B2 General Business 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 Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9083 – Consideration of Creation of Water Main District No. 453T – Grand Island Army Aviation Support Facility #9086 – Consideration of Creation of Water Main District No. 455 – Parkview Area Gary Mader, Utilities Director reported that Ordinance #9083 would extend a water system trunk line to the Central Nebraska Regional Airport as part of competing for the Army Aviation Support Facility. Ordinance #9086 would create a Water Main District in the Parkview Subdivision at the request of residents in the area. Discussion was held concerning the annexation of the Parkview area. Motion by Gilbert, second by Cornelius to approve Ordinances #9083 and #9086. City Clerk: Ordinances #9083 and #9086 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 #9083 and #9086 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 #9083 and #9086 are declared to be lawfully adopted upon publication as required by law. #9090 – Consideration of Creating Sanitary Sewer Connection District No. 522T; Gravity Main, Force Main, and Lift Station for the Nebraska Army National Guard Aviation Support Facility Page 4, City Council Regular Meeting, November 28, 2006 #9091 – Consideration of Assessments for Sanitary Sewer District No. 519; Lots 10 through 21 of Westwood Park Second Subdivision #9092 – Consideration of Assessments for Sanitary Sewer District No. 521; Lot 9 of Westwood Park Second Subdivision #9093 – Consideration of Vacating a Portion of James Road Right-of-Way South of Rae Road Steve Riehle, Public Works Director reported that Ordinance #9090 would create Sanitary Sewer Connection District No. 522T to provide sanitary sewer service to the Nebraska Army National Guard Helicopter facility, Ordinance #9091 and #9092 related to the aforementioned Public Hearing and Ordinance #9093 would vacate a portion of James Road right-of-way south of Rae Road and west of Ponderosa Village Subdivision. Motion by Hornady, second by Gilbert to approve Ordinances #9090, #9091, #9092, and #9093. City Clerk: Ordinances #9090, 9091, 9092, and #9093 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 #9090, #9091, #9092, and #9093 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vo te. 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 #9090, 9091, 9092, and #9093 are declared to be lawfully adopted upon publication as required by law. #9094 – Consideration of Amending Chapter 4 of the Grand Island City Code Relative to Alcoholic Beverages Dale Shotkoski, Interim City Attorney reported that changes to Chapter 4 of the Grand Island City Code had been brought before Council at their November 21, 2006 Study Session. Mr. Shotkoski reviewed the suggested changes. Terry Pielstick, 722 East 7th Street spoke in opposition. Robert Bonk, 1616 Stagecoach Road clarified Project Extra Mile’s position and definition of bar and restaurant. Heather Tjaden representing Central Nebraska Council on Alcoholism spoke of strengthening the City Code and promoting public health and safety. A lengthy discussion was held regarding the definition of restaurant and bars relating to minors in bars after 9:00 p.m. Motion by Whitesides, second by Nickerson to approve Ordinance #9094. City Clerk: Ordinance #9094 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase voted aye. Councilmember Pielstick voted no. Motion adopted. Page 5, City Council Regular Meeting, November 28, 2006 City Clerk: Ordinance #9094 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase voted aye. Councilmember Pielsitck voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9094 is declared to be lawfully adopted upon publication as required by law. #9095 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Ponderosa Village Subdivision Located West of Highway 281 and South of Rae Road from RD Residential Development to B2 General Business Chad Nabity, Regional Planning Director reported this item related to the aforementioned Public Hearing. Motion by Cornelius, second by Gilbert to approve Ordinance #9095. City Clerk: Ordinance #9095 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9095 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9095 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-3 was pulled for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding item G-3. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 14, 2006 City Council Regular Meeting. Approving Minutes of November 21, 2006 City Council Study Session. #2006-341 – Approving Final Plat and Subdivision Agreement for Ponderosa Village Subdivision. It was noted that the Husker Retail Group, LLC, owner had submitted a Final Plat for Ponderosa Village Subdivision located on a tract of land consisting of part of Outlot B and part of Outlot C4 of Ponderosa Lake Estates Subdivision, all of Block 4 and all of Block 5 of Ponderosa Lake Estates Fourth Subdivision and vacated James Road Right-of-Way located in the SE1/4 of Section 36-11-10 consisting of approximately 4.49 acres for the purpose of creating 4 lots. #2006-342 – Approving Amendments to Personnel Rules & Regulations Relative to Severance Pay. #2006-343 – Approving Interlocal Cooperation Agreement with Hall County Airport Authority for Law Enforcement Security at the Airport. Page 6, City Council Regular Meeting, November 28, 2006 #2006-344 – Approving Contract Renewal with Hall County Housing Authority for Police Services. #2006-345 – Approving State Bid Contract for Three (3) 2007 Ford SUV Expedition Police Vehicles with Anderson Ford of Grand Island, Nebraska for a Total Amount of $77,595.00. #2006-346 – Approving Change Order No. 8 with Chief Construction of Grand Island, Nebraska for Law Enforcement Center for Decrease in the Contingency Fund of $3,337.40 and a Revised Contingency Amount of $146,893.24. #2006-347 – Approving Change Order No. 1 to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for Construction of Street Improvement District No. 1258 for an Increase of $1,485.00 and a Revised Contract Amount of $159,371.40. #2006-348 – Approving Certificate of Final Completion for Street Improvement District No. 1258 with The Diamond Engineering Company of Grand Island, Nebraska. #2006-349 – Approving Acquisition of Utility Easement Located at 3203 Frontage Road – Webb Road and Highway 30. (Grand Island Commercial Ventures, LLC) #2006-350 – Approving Acquisition of Utility Easement Located at 1312 Sky Park Road. (Central Nebraska Humane Society) #2006-351 – Approving Amendment to the Redevelopment Plan for Blighted and Substandard Area #2 for Southeast Crossings LLC for a Commercial Center to be Located at 939 South Locust Street. (Ray O’Connor) Approving Preliminary Plat for Prairie Acres Subdivision. Chad Nabity, Regional Planning Director reported that Shafer Commercial Properties LLC, owner had submitted a Preliminary Plat for Prairie Acres Subdivision located on a tract of land comprising a part of the E1/2 SW1/4 of Section 12-11-10 consisting of approximately 69.4 acres for the purpose of creating 190 lots. The following people spoke in opposition: Doug Bandemer, 3904 Meadow Way Trail Corby Flagel, 3932 Meadow Way Trail Jim Brisnehan, 3927 Partridge Circle Ryan Bartels, 3933 Partridge Circle Todd Enck, 511 Fleetwood Circle Ken Thompson, 3915 Meadow Way Trail Dana Ferguson, 1521 Warbler Circle The following people spoke in support: Lisa Heinemann, 4077 Dack Avenue Joel Shafer, 66 Ponderosa Drive, developer Pat Heng, Attorney for Shafer Commercial Properties, Omaha Page 7, City Council Regular Meeting, November 28, 2006 Mr. Shafer stated these would be affordable housing single family homes with a minimum of 1,100 to 1,500 square feet with 2 car garages and basements in the range of $130,000 to $180,000. He stated there would be 190 lots total with approximately 72 lots in the first phase with a public street connecting 13th Street and State Street. He also stated he would not be building the homes. Mr. Shafer stated there would be covenants and they would be compatible with Summerfield Estates covenants. Chad Nabity, Regional Planning Director reported that there had been approximately 1,500 preliminary lots and 400 lots with final plats approved this year. Discussion was held regarding the lot size for Prairie Acres which were from 6,000 to 10,000 square feet. Motion by Nickerson, second by Whitesides to approve the Preliminary Plat for Prairie Acres Subdivision. Upon roll call vote, Councilmember’s Whitesides, Gilbert, Nickerson, Cornelius, Pauly, and Hornady voted aye. Councilmember’s Meyer, Pielstick and Walker vote no. Councilmember Haase abstained. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of November 15, 2006 through November 28, 2006, for a total amount of $3,395,772.77. Motion adopted unanimously. Councilmember Pielstick abstained from Claim #142637. Motion by Cornelius, second by Hornady to approve the following Claim for the Library Expansion for the Period of November 15, 2006 through November 28, 2006: #44 $1,250.00 Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. RaNae Edwards City Clerk Item -2 Acceptance of Election Certificate State law requires the governing body to formally accept the certificate of election issued by the Hall County Election Commissioner for the November 7, 2006 City Council General Election. An election certificate containing the vote totals and results is attached. A MOTION to accept the election certificate is in order. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item -3 Comments by Outgoing Officials This is an opportunity for comments by the outgoing elected Officials. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item -4 Recess The meeting will be recessed momentarily to prepare for the transition to the new governing body. The newly elected officials will remain seated in the audience until such time as they are called forward for the Oath of Office which will be administered by the City Clerk at the podium. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item -5 Administration of Oath to Newly Elected Mayor and Councilmember's City Clerk RaNae Edwards will administer the Oath of Office to newly Elected Mayor Margaret Hornady, newly elected Councilmember John Gericke - Ward 5 and the four returning Councilmember's Carole Cornelius - Ward 1, Peg Gilbert - Ward 2, Robert Meyer - Ward 3, and Mitchell Nickerson - Ward 4. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item -6 Seating of Newly Elected Mayor and Councilmember's Followed by Roll Call Following the administration of the Oath of Office to Mayor Margaret Hornady, Councilmember's Carole Cornelius, Peg Gilbert, Robert (Bob) Meyer, Mitchell Nickerson, and John Gericke, along with the current Councilmember's, seating will take place at the City Council table. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item -7 Comments by Newly Elected Officials At this time, comments will be made by the newly elected Officials. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item -8 Election of City Council President The City Council is required to elect one Councilmember to the office of Council President. The term is for a one-year period. The Council President automatically assumes the duties of the Mayor in the event that the Mayor is absent or otherwise unable to fulfill his/her duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk will prepare, distribute, and count ballots. Nominations to fill the vacancy are in order. A second is not required on nominations. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Item F1 #9096 - Consideration of Vacating a 60’ Utility and Ingress/Egress Easement along Lots Five (5) and Six (6) of Cedar Ridge Second Subdivision (GILD Investments, LLC) Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Pubic Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 5, 2006 Subject: Consideration of Vacating a 60’ Utility and Ingress/Egress Easement along Lots Five (5) and Six (6) of Cedar Ridge Second Subdivision (GILD Investments, LLC) 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 The developer reconfigured the lots as platted in Cedar Ridge 2nd Subdivision with the platting of Cedar Ridge 3rd Subdivision. The 60’ easement along Lots Five (5) and Six (6) of Cedar Ridge 2nd Subdivision has no utilities in it and is not needed as an ingress/egress easement; therefore, it can be vacated. 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 and Ingress/Egress 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 and Ingress/Egress Easement. Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney ORDINANCE NO. 9096 An ordinance to vacate a portion of an existing sixty foot (60’) wide easement and 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 a portion of an existing sixty foot (60’) wide easement on Lots Five (5) and Six (6) of Cedar Ridge Ridge Second Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A tract of land being part of Outlot A of Cedar Ridge Second Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Re ferring to the Northwest Corner of Lot 2 of Cedar Ridge First Subdivision in the City of Grand Island, Hall County, Nebraska and assuming the North line of said Lot 2 of Cedar Ridge First Subdivision as bearing N 89°16’50” W and all bearings contained herein are relative thereto; thence S 00°00’15” E and on the West line of said Lot 2, Cedar Ridge First Subdivision and the West line of Lot 2 and Lot 4 of Cedar Ridge Second Subdivision a replat of Lot 3, Cedar Ridge First Subdivision in the City of Grand Island, Hall County, Nebraska, a distance of 650.79 feet to the Southwest Corner of Lot 4 of said Cedar Ridge Second Subdivision; thence S 89°16’47” E and on the South line of said Lot 4, Cedar Ridge Second Subdivision a distance of 269.99 feet to THE * This Space Reserved for Register of Deeds * ORDINANCE NO. 9096 - 2 - ACTUAL PLACE OF BEGINNING, said point being on the West line of said Outlot A of Cedar Ridge Second Subdivision; thence N 89°59’41” E a distance of 60.00 feet to a point on the East line of said Outlot A of Cedar Ridge Second Subdivision, said point also being on a nontangent 180.0 foot radius curve concave Northwesterly; thence Southerly on the East line of said Outlot A and on said nontangent curve forming a central angle of 39°56’03” an arc distance of 125.46 feet to a point of reverse curvature, said point being S 19°57’56” W a chord distance of 122.93 feet from the previously described point; thence continuing Southerly on the East line of said Outlot A and on a 120.0 foot radius curve to the left forming a central angle of 39°55’57” an arc distance of 83.63 feet to a point of tangency; thence tangent and continuing on the East line of said Outlot A, SOUTH 46.53 feet to the Southeast Corner of said Outlot A; thence N 89°46’47” W and on the South line of said Outlot A a distance of 60.00 feet to the Southwest Corner of said Outlot A; thence North and on the West line of said Outlot A a distance of 45.78 feet to a point of curvature; thence on a 120.0 foot radius curve to the right forming a central angle of 39°56’03” an arc distance of 83.64 feet to a point of reverse curvature; thence on a 180.0 foot radius curve to the left forming a central angle of 39°55’57” an arc distance of 125.45 feet to the place of beginning. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. 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, witho ut the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: December 5, 2006. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, Cit y Clerk Item H1 Consideration of Request from Mark Galvan to Contest the Contract for Softball Fields at Ryder Park Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item I1 #2006-352 - Approving Appointment of City Administrator Gary Greer and Employment Contract Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Council Agenda Memo From: Mayor Margaret Hornady Meeting: December 5, 2006 Subject: Approving City Administrator Employment Agreement Item #’s: I-1 Presenter(s): Mayor Margaret Hornady Background Section 2-35 Administrator; Appointment; Duties of the Grand Island City Code, (see attached) indicates that “The employment of the City Administrator may be administered by negotiated contract.” The City Administrators term, like other statutory officers runs with the term of the Mayor. Therefore, his contract expires with the end of Mayor Vavricek’s term. In order to secure a new contract, I have spoken with Gary Greer about a new contract. Discussion Attached is a new Employment Agreement requested by the City Administrator for the next four years. The contract is substantially the same as the last contract with a few modifications as noted in Gary’s cover letter. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve Resolution #2006-352 approving an Employment Agreement for the City Administrator. 2. Deny Resolution #2006-352 to approve the City Administrators Employment Agreement. 3. Modify Resolution #2006-352 to meet the needs of the City Council. 4. Table the issue. Recommendation The City Council is recommended to approve Resolution #2006-352 to approve the City Administrators Employment Agreement. Sample Motion Motion to approve Resolution #2006-352 approving the City Administrators Employment Contract. Division 2. City Administrator §2-35. Administrator; Appointment; Duties There is hereby created and established the office of city administrator, to be appointed by the mayor, with the approval of the city council; provided, no elective officer of the City of Grand Island shall hold the position of city administrator. The city administrator shall be the chief operating officer of the City of Grand Island. The administrator shall hold office until the end of the mayor's term of office, and until a successor is appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as otherwise provided by law. The employment of the city administrator may be administered by a negotiated contract. The purpose of the office of city administrator is to provide for the day-to-day administration of the City of Grand Island, Nebraska. The city administrator will remain under the direction of the mayor and be responsible thereto for the efficient conduct of the office. The city administrator shall not participate in a local election that affects the office of mayor or city council, or any other elective municipal position or issue, except for the casting of an individual ballot. The city administrator will keep the mayor informed and seek input on any actio n he or she takes or will take. The salary of the city administrator shall be established by ordinance. Council Agenda Memo From: Mayor Margaret Hornady Meeting: December 5, 2006 Subject: Appointment of Statutory Officer's Item #’s: I-1, I-2, I-3, I-4, & I-5 Presenter(s): Mayor Margaret Hornady Background According to Article III - Appointed and Hired Officials, Section 2-30 Officers; Appointive of the Grand Island City Code, (see attached) the Mayor is required to appoint statutory officers for her term. Statutory officers include: 1.) City Administrator 2.) City Attorney 3.) City Clerk 4.) City Engineer/Public Works Director 5.) City Treasurer/Finance Director These officers also must be approved by the City Council. Discussion According to Section 2-30 of the Grand Island City Code, I am requesting approval of the following statutory officers: 1.) City Administrator – Gary D. Greer ICMA-CM 2.) City Attorney (Interim) – Dale Shotkoski 3.) City Clerk – RaNae Edwards CMC 4.) City Engineer/Public Works Director – Steve Riehle 5.) City Treasurer/Finance Director – David Springer Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the statutory officers 2. Deny the statutory officers 3. Ask the Mayor to reconsider her recommendation for the appointment of statutory officers Recommendation City Council is recommended to approve the appointments of the statutory officers. Sample Motion Motion to approve the appointments of City Administrator – Gary D. Greer ICMA-CM; City Attorney (Interim) – Dale Shotkoski; City Clerk – RaNae Edwards CMC; City Engineer/Public Works Director – Steve Riehle; and City Treasurer/Finance Director – David Springer. Article III. Appointed and Hired Officials Division 1. General §2-30. Officers; Appointive The following shall constitute the statutory officers of the City of Grand Island which shall be appointed by the mayor and approved by the council. These officers shall hold office until the end of the mayor's term and until their successors are appointed and qualified. These appointive officers may be removed at any time by the mayor, with the approval of a majority of the council: City Administrator City Attorney City Clerk City Engineer / Public Works Director City Treasurer / Finance Director 1 EMPLOYMENT AGREEMENT GARY D. GREER THIS AGREEMENT is made and entered into this 5th day of December, 2006, by and between the CITY OF GRAND ISLAND, A Municipal Corporation, hereinafter called the “City”, as party of the first part, and Gary D. Greer, hereinafter called “Employee”, as party of the second part, both of whom understand and agree as follows: Witnesseth: WHEREAS, the City desires to employ the services of said Employee as the Administrator of the City of Grand Island, as provided by the Code of the City of Grand Island; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, it is the desire of the City Council to: (1) secure and retain the services of the Employee and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring Employee’s morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee’s services at such time as he may be unable to fully discharge his duties due to age or disability or when the City may desire to otherwise terminate his employment; and WHEREAS, Employee desires to accept employment as Administrator of said City pursuant to the laws of the State of Nebraska and the Code of the City of Grand Island; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1 – Duties The City hereby agrees to employ said Employee as Administrator of the City to perform the principal functions and duties specified in the City Code for the City of Grand Island and the laws of the State of Nebraska, and to perform such other legally permissible and proper duties and functions as the Mayor and/or City Council shall from time to time assign. 2 Section 2 – Term A. Expiration at the end of Term of Appointing Official. This Agreement shall expire at the end of the elected term of the current elected Mayor for the City of Grand Island. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the Employee at any time prior to the end of the term, subject only to the provisions set forth in Section 3, paragraph A(1) and A(2), of this Agreement. B. Expiration after resignation. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provision set forth in Section 3, paragraph B, of this Agreement. C. Exclusive Employment. Employee agrees to rema in in the exclusive employ of the City until termination or resignation as provided in Section 3 of this Agreement occurs. The employee shall not use any confidential information obtained through his position as City Administrator for personal gain. Both parties acknowledge that exclusive employment shall mean that Employee shall not accept any outside employment from any source whatsoever without first obtaining written approval from Employer. Outside employment shall not be construed to include occasional teaching, writing or consulting performed on the employee’s time off. It is further understood that any activity of this nature outside of the workplace cannot represent a conflict of interest. D. Job Performance Evaluation. Employee’s job performance shall be evaluated by the Mayor with the advice of the Council in December of 2007, and at least once annually thereafter. Section 3 – Termination A(1). Termination for Just Cause. The Mayor with approval of the City Council shall have the right at any time during the term of this Agreement to terminate the Employee for just cause. “Just cause” is defined as (a) a conviction of a felony or misdemeanor involving moral turpitude, (b) breach of this agreement, (c) commission of any dischargeable offense as defined in the Personnel Rules and Regulations for the City of Grand Island. A(2). Termination for Reasons Other Than Just Cause and Consideration Given for the release of all Claims Against the City. In the event that the Mayor, with the approval of the City Council, during the term of this Agreement, terminates Employee for reasons other than just cause, the City agrees to pay Employee in a single lump-sum payment an amount equal to (6) months of the employee’s salary, excluding the City’s obligation for retirement, insurance, benefits or allowances for said six (6) month period, within thirty (30) days of termination of Employee’s employment. Upon payment of such lump sum payment to the Employee, the Employee does hereby waive and release the City, and its elected officials, managers, employees, and agents, from any and all claims of any nature whatsoever which may arise by reason of such termination, including, but not limited to, an alleged breach of this contract (or any other express or implied 3 contract), or federal law, state law or local ordinance, or constitutional due process claim that Employee’s termination by the City deprived Employee of a property interest and continued employment with the City and of a liberty interest in the Employee’s good name and reputation. B. Notice Period for Voluntary Resignation. In the event Employee voluntarily resigns his position with the City before the expiration of the aforesaid term of employment, then Employee shall give the City two (2) months notice in advance, unless the parties otherwise agree. Section 4 – Salary The City agrees to pay Employee for his services rendered pursuant hereto an annual salary initially established at $122,622.39, which is Step 6 of the pay range for the City Administrator position, as established in the City’s pay plan. In addition, the City agrees to increase said salary or other benefits or both of Employee in such amounts and to such an extent as the Mayor and City Council may determine that it is desirable to do so for all employees. The annual salary shall be established in the annual budget and any salary adjustment shall conform to the City’s pay plan system. Section 5 – Hours of Work It is recognized and understood by Employee that the normal work week for City employees is forty (40) hours per week. It is further understood and recognized by Employee that he is the City Administrator and, as such, is expected to and shall devote whatever time is necessary and desirable to his employment activities in order to promote and carry out his job and the duties associated therewith. Section 6 – Automobile Employee shall receive a car allowance to compensate for the use of Employee’s private vehicle. The amount of such car allowance is established at the rate of $300.00 per pay period. Section 7 – Dues and Subscriptions The City agrees to budget and to pay the professional dues and subscriptions of Employee’s membership to the International City Manager’s Association (ICMA) and Nebraska City Manager’s Association (NCMA) and any other organizations the Employer deems beneficial to the City. Section 8 - Professional Development A. Travel and Professional Development. The City hereby agrees to budget and to pay the travel and other expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City, including but not 4 limited to the State League of Municipalities meetings, and the Annual Conference of the ICMA or the National League of Cities Conference. B. Service Club Participation. The City agrees to pay the employee’s annual dues to one (1) community service organization on behalf of the employee. Section 9 – Vacation Leave, Medical Leave and Holiday Pay Employee shall be entitled to receive the same vacation leave, sick leave, and holiday benefits as those accorded to other employees of the City pursuant to the Personnel Rules and Regulations, including provisions governing accrual and payments therefor on termination of employment, provided that Employee shall earn fifteen (15) days of vacation leave per calendar year. Upon termination employee will be paid for all accrued vacation leave. Additionally, upon termination the value of all accrued medical leave shall be deposited in Employee’s VEBA account. Section 10 – Disability, Health, and Life Insurance Employee shall be entitled to receive the same insurance coverage for life, accident, sickness, disability income benefits, and major medical as is accorded to employees pursuant to the Personnel Rules and Regulations for the City of Grand Island. The employee will receive an additional life insurance benefit of $200,000 to be paid for by the employer. Section 11 – Retirement Employee shall be entitled to receive the same retirement benefits as are accorded to other employees of the City, provided said employee’s retirement pension shall be paid to ICMA. Additionally, the Employee will receive the maximum annual deferral limit allowable by the Internal Revenue Service deposited in Employees ICMA-RC 457 account. Section 12 – Other Terms and Conditions of Employment A. Conditions of Employment. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code, or any other law. B. Personal Rules and Regulations Applicability. The provisions of the Personnel Rules and Regulations of the City of Grand Island as they now exist or hereafter may be amended shall apply to the Employee as they would to all other employees of the City with the exception of any other items specifically referenced in this agreement. 5 Section 14 – General Provisions A. Employee shall meet with the Mayor and City Council on an annual basis in the first quarter to set goals for the City. B. The text herein sha ll constitute the entire agreement between the parties. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law and personal representative of the Employee. D. This Agreement shall become effective commencing the date herein before written. E. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion hereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Grand Island has caused this Agreement to be signed and executed in its behalf by its Mayor and duly authenticated by its City Clerk, and the Employee has signed and executed this Agreement, in triplicate, the day and year first above written. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation By:_________________________________ Mayor Attest: __________________________________ City Clerk ______________________________ Gary D. Greer Approved by the City Attorney: __________________________________ Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney R E S O L U T I O N 2006-352 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Administrator; and WHEREAS, a proposed Employment Agreement between the City of Grand Island and Gary D. Greer has been prepared by the Mayor for the City of Grand Island; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Gary D. Greer is hereby duly appointed the City Administrator for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. BE IT FURTHER RESOLVED that the Employment Agreement between the City and Gary D. Greer, City Administrator, is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-353 - Approving Appointment of Interim City Attorney Dale Shotkoski Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney R E S O L U T I O N 2006-353 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Interim City Attorney for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Interim City Attorney; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position to which they may be appointed until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Dale M. Shotkoski is hereby duly appointed the Interim City Attorney for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office or a City Attorney is appointed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2006-354 - Approving Appointment of City Clerk RaNae Edwards Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney R E S O L U T I O N 2006-354 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Clerk for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Clerk; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that RaNae Edwards is hereby duly appointed the City Clerk for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2006-355 - Approving Appointment of Public Works Director Steve Riehle Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney R E S O L U T I O N 2006-355 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Public Works Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Public Works Director; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Steve Riehle is hereby duly appointed the Public Works Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I5 #2006-356 - Approving Appointment of Finance Director David Springer Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Margaret Hornady City of Grand Island City Council Approved as to Form ¤ ___________ November 30, 2006 ¤ City Attorney R E S O L U T I O N 2006-356 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Finance Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Finance Director; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that David Springer is hereby duly appointed the Finance Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of November 29, 2006 through December 5, 2006 The Claims for the period of November 29, 2006 through December 5, 2006 for a total amount of $1,819,041.92. A MOTION is in order. Tuesday, December 05, 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 November 29, 2006 through December 5, 2006 The Claims for the Library Expansion for the period of November 29, 2006 through December 5, 2006 for the following requisitions. #45 $235,981.76 #46 $ 5,250.00 #47 $ 350.00 A MOTION is in order. Tuesday, December 05, 2006 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council