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03-27-2007 City Council Regular Meeting PacketCity of Grand Island Tuesday, March 27, 2007 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Vacant City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Tom Brown Carole Cornelius John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson 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 Randy Fett, St. Paul's Lutheran Church, 1515 South Harrison 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 C1 Proclamation "Public Health Week" April 2-8, 2007 Public health services benefit all Nebraskans, regardless of age, culture or race. It is important that we do not take public health for granted and that we recognize the need to maintain and improve our current public health efforts. Mayor Hornady has proclaimed the week of April 2-8, 2007 as "Public Health Week" in the City of Grand Island. See attached PROCLAMATION. Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, Nebraskans have achieved almost 30 additional years of life expectancy since 1900; and WHEREAS, public health efforts are credited with the majority of improvements in our health status and expanded life expectancy; and WHEREAS, public health succeeds by identifying and addressing patterns of disease, illness, and injury in populations; and WHEREAS, public health is about ensuring healthy living and working environments; and WHEREAS, public health efforts protect against bioterrorism and new and emerging public health threats; and WHEREAS, public health measures such as controlling the spread of disease, maintaining safe food and drinking water, and providing maternal and child health services, have prevented countless deaths and improved our quality of life; and WHEREAS, public health services benefit all Nebraskans, regardless of age, culture or race; and WHEREAS, public health services result in healthy Nebraskans in healthy communities; and WHEREAS, it is important that we do not take public health for granted and that we recognize the need to maintain and improve our current public health efforts. NOW, THEREFORE, I, Margaret Hornady, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the week of April 2-8, 2007 as “PUBLIC HEALTH WEEK” in the City of Grand Island. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this twent y seventh day of March in the year of our Lord Two Thousand and Seven. ________________________________________ Margaret Hornady, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Valentino's of Lincoln, Inc. dba Valentino's, 2245 North Webb Road for a Class "C" Liquor License Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 27, 2007 Subject: Public Hearing on Request of Valentino’s of Lincoln, Inc. dba Valentino’s, 2245 North Webb Road for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Valentino’s of Lincoln, Inc. dba Valentino’s, 2245 North Webb Road has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. 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. Also included with this applicatio n is a request from James Scott, 3720 State Street Apt. H9 for a Liquor Manager Designation. 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. Sample Motion Move to approve the application of Valentino’s of Lincoln, Inc. dba Valentino’s, 2245 North Webb Road for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for James Scott, 3720 State Street Apt. H9 with the stipulation that Mr. Scott complete a state approved alcohol server/seller training program. Item E2 Public Hearing on Request of La Quscatleca Liquor, Inc. dba La Quscatleca Liquor, 411 North Vine Street for a Class "D" Liquor License Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 27, 2007 Subject: Public Hearing on Request of La Quscatleca Liquor, Inc. dba La Quscatleca Liquor, 411 North Vine Street for a Class “D” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion La Quscatleca Liquor, Inc. dba La Quscatleca Liquor, 411 North Vine Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. 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. Also included with this application is a request from Jose C. Cruz Mejicano, 1726 Hanover Lane for a Liquor Manager Designation. 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 deny the application. Sample Motion Move to deny the application of La Quscatleca Liquor, Inc. dba La Quscatleca Liquor, 411 North Vine Street for a Class “D” Liquor License and Liquor Manager Designation for Jose C. Cruz Mejicano, 1726 Hanover Lane. Item E3 Public Hearing on Request of Corrasan, Inc. dba 2nd Street Family Market, 1710 West 2nd Street for a Class "D" Liquor License Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 27, 2007 Subject: Public Hearing on Request of Corrasan, Inc. dba 2nd Street Family Market, 1710 West 2nd Street for a Class “D” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Corrasan, Inc. dba 2nd Street Family Market, 1710 West 2nd Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. 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. Also included with this application is a request from Jacinto Corona Jiminez, 119 East 18th Street for a Liquor Manager Designation. 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 Liquo r Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application of Corrasan, Inc. dba 2nd Street Family Market, 1710 West 2nd Street for a Class “D” Liquor License and Liquor Manager Designation for Jacinto Corona Jiminez, 119 East 18th Street with the stipulation that Mr. Jiminez complete a state approved alcohol server/seller training program. Item E4 Public Hearing on Request of Bradley Shearer dba Bogey's, 2848 South Locust Street for a Class "C" Liquor License Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: March 27, 2007 Subject: Public Hearing on Request of Bradley Shearer dba Bogey’s, 2848 South Locust Street for a Class “C” Liquor License Item #’s: E-4 & I-4 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Bradley Shearer dba Bogey’s, 2848 South Locust 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. 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. Sample Motion Move to approve the application of Bradley Shearer dba Bogey’s, 2848 South Locust Street for a Class “C” Liquor License contingent upon final inspections and with the stipulation that Mr. Shearer complete a state approved alcohol server/seller training program. Item E5 Public Hearing on Change of Zoning for Land Proposed for Platting as Woodland Park Fifth Subdivision Located North of Capital Avenue and East of Independence Avenue Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: March 27, 2007 Subject: Change of Zoning East of Independence Avenue and North of Capital Avenue Item #’s: E-5 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning on approximately 9.28 acres for a tract of land proposed for platting as Woodland Park Fifth Subdivision located in the West Half of the Southeast Quarter (W1/2SE1/4) of Section 2, Township 11 North, Range 10 West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska from R2 Low Density Residential to R3 Medium Residential. This property is located east of Independence Avenue and north of Capital Avenue. Discussion The subject property is designated for low to medium density residential redevelopment, typically R1 to R3, making this zoning change consistent with the City’s Comprehensive Land Use Plan. City water and sewer services are available to service the rezoning area. This subdivision will fill in a hole within the existing development along Independence Avenue and north of Capital Avenue. The proposed housing at this location will be age restricted duplex units for elderly individuals. All of the providers of elderly housing in the city have waiting lists. This rezoning would allow the applicant to develop this property in a manner consistent with the application for funding approved by the Nebraska Investment Finance Authority. The houses surrounding this field will no longer look out over a corn field. Rather than farm ground, these houses will have a view of developed property. Any development along this stretch of road is likely to increase traffic. The proposed houses on this property will generate an average of ten trips per day, per household. The proposed preliminary plat for this development shows housing densities that would be consistent with the R2 zoning district. The R2 zoning district does not allow for the construction of public and quasi-public buildings for cultural use, as a permitted or conditional use, but the R3 zone does allow them as permitted use. Staff recommended that the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from R2 Low Density Residential to R3 Suburban Density Residential as requested, and as shown, on the attached map. The Planning Commission held a hearing on this application at their meeting on March 7, 2007. Gary Lantzer, 4204 New York Avenue, commented at the public hearing. Mr. Lantzer expressed concerns with drainage issues, stating that even with some reported storm sewer improvements, drainage continues to be an issue. Steve Riehle addressed Mr. Lantzer’s concerns. 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 A motion was made by Ruge and seconded by Niemann to approve the change of zoning as proposed finding that such change is consistent with the Comprehensive Plan for the City of Grand Island. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Ruge, Reynolds, Eriksen, Niemann, Snodgrass, Monter) voting in favor. Sample Motion Motion to approve the rezoning for approximately 9.28 acres of land between east of Independence Avenue and north of Capital Avenue, in the City of Grand Island, Nebraska, from R2 Low Density Residential to R3 Medium Density Residential Zone, as recommended. Item E6 Public Hearing on Request from Lyman-Richey Corp. dba Central Sand and Gravel on Behalf of Garry Williams and Roger Luebbe for a Conditional Use Permit for a Sand and Gravel Mining Operation Located at 1672 South Shady Bend Road and 3116 Stolley Park Road Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: March 27, 2007 Subject: Public Hearing on Request of Lyman-Richey Corp. dba Central Sand and Gravel for a Conditional Use Permit to Allow the Operation of a Sand and Grave l Mining Operation at 1672 S. Shady Bend Road. Garry and Jeanne Williams are the Owners of Tract “A” 56 Acres Located within the North One-Half of the Southeast Quarter Section of 23-11-9. Midland Ag. Service, Inc. and Roger Luebbe are the Owners of Tract “B” 72 Acres Located within the South One-Half of the Southwest and Southeast Quarter of Section 23-11-9 in Hall County. Item #’s: E-6 & H-1 Presenter: Craig Lewis, Building Department Director Background This request is for council approval to allow for the operation of a sand and gravel facility at the above referenced location. A conditional use permit is required as the current zoning classification, TA or transitional agriculture does not allow for this type of use as a permitted principal use. The zoning classification does list as a conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved by the City Council. Discussion Sand and gravel operations have been a part of Grand Island and the surrounding areas for a long time, as residential development continues to expand and the two uses become closer neighbors more conditions need to be implemented to assure a compatible existence for both uses. City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations. 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. 2). CLOSURE: A drawing of the proposed development of the property after the closing of the sand and gravel operation has been provided along with the application. The finished width of developable property at the time the operation of mining is terminated shall be 300’ adjacent to public right of way and 200’ adjacent to neighboring property lines. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line shall be maintained between the pumping operation. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the months of March, April, October, and November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter condition. The second exception shall be that trucking of the product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. No product, material or equipment shall be stored within any easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code. (f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel form the premises and over and across any public highway or road unless said sand and gravel is complete dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fail to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally if at anytime during the life of the permit issued the operation shall cease for a period of a continuous 18 months the permit shall become void and a renewal shall be obtained before becoming once again operational. ALTERNATIVES It appears the Council has the following alternatives concerning the issue. 1. Approve the request with the proposed conditions, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and findings of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. RECOMMENDATION Approve the request if all conditions are met as presented by City Administration and if the City Council finds that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. SAMPLE MOTION Motion to approve the conditional use with the conditions identified by the City Administration, published in the Council packet and presented at the Council meeting and finding that the application conforms with the purpose of the zoning regulations. Item E7 Public Hearing Concerning Acquisition of Utility Easement - 1420 S. Ada Street - Sunrise Express Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: March 27, 2007 Subject: Acquisition of Utility Easement – 1420 S. Ada Street – Sunrise Express Item #’s: E-7 & G-4 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Sunrise Express, Inc., located at 1420 S. Ada Street, west of Henry Street and north of South Street, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to add underground power lines and a pad-mounted transformer to provide increased electrical capacity to the existing building on the west side of Sunrise Trucking property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item F1 #9110 - Consideration of Change of Zoning for Land Proposed for Platting as Woodland Park Fifth Subdivision Located North of Capital Avenue and East of Independence Avenue Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9110 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land located in the West Half of the Southeast Quarter (W½SE¼) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, from R2 Low Density Residential to R3 Medium Density Residential; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36- 44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on March 7, 2007, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on March 27, 2007, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from R2 Low Density Residential to R3 Medium Density Residential: A tract of land located in the West Half of the Southeast Quarter (W½SE¼)of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Southwest Corner of the West Half of the Southeast Quarter (W½SE¼) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; thence on a record bearing of N00°07’47”E, along the West Line of said West Half of the Southeast Quarter (W½ E¼), a distance of Four Hundred Seven Feet (407.00’) to ORDINANCE NO. 9110 (Cont.) - 2 - the point of beginning; thence continuing Northerly along the last described course, to the Southwest Corner of Woodland Park Third Subdivision, a distance of Five Hundred Seventy-Eight and Twenty-Four Hundredths Feet (578.24’), thence S88°28’08”E, along the South line of Woodland Park Third Subdivision, a distance of Three Hundred Fifty and Two Hundredths Feet (350.02’); thence S00°07’47”W a distance of Five Hundred Seventy-Seven and Fifty-One Hundredths Feet (577.51’); thence N88°35’18”W a distance of Three Hundred Fifty Feet (350.00’) to the West Line of said West Half of the Southeast Quarter (W½SE¼), said point being the point of beginning. Said tract contains Two Hundred Two Thousand Two Hundred Four and Fourteen Hundredths Square Feet (202,204.14’) or Four and Sixty-Four Hundredths Acres (4.64), subject to easements and restrictions of record. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 27, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9111 - Consideration of Amendment to Salary Ordinance Tuesday, March 27, 2007 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: March 27, 2007 Subject: Salary Ordinance Amendment Item #’s: F-2 Presenter(s): Brenda Sutherland Background City Administration has the ability to pay employees based on the approved salary ranges found in the City’s Salary Ordinance. These ranges are tied to job classifications. Typically, salary ordinances come before the City Council for approval in the late summer as part of the budget process. However, from time to time, it is necessary to update the Ordinance with the addition or removal of positions or due to labor negotiations. Discussion City Administration has been given the charge in recent years to take a look at every job as it comes open to evaluate the continued need for the position or the duties assigned should there be a more efficient way to provide the same service to the citizens of Grand Island. Recently, the Administrative Assistant position assigned to Administration has become vacant. Evaluation of the position has led to the conclusion that an Administrative Assistant skill set is not needed to handle the work required in that department. Administration is recommending that the position of Administrative Assistant – Administration be eliminated and the position of Receptionist be added in its place. The change will result in an overall savings of approximately 23% or nearly $7500. The needs of the department will be more closely met with the new position and the savings to the taxpayer makes it a win-win on both sides. 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 actio n on the issue Recommendation City Administration recommends that the Council approve Salary Ordinance #9111. Sample Motion Motion to approve Salary Ordinance #9111. Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney ORDINANCE NO. 9111 An ordinance to amend Ordinance No. 9099 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend the salary range for the Audio-Video Technician eliminate the position of Administrative Assistant in the Administration Department and to include the position of Receptionist; to repeal Ordinance No. 9099, and any ordinance or parts of ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAN D, 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 Exempt Accounting Technician – Solid Waste, Streets, WWTP 1018.28/1432.90 40 hrs/week Administrative Assistant – Administration, Fire, Public Works, Utilities 1099.42/1547.94 40 hrs/week Assistant to the City Administrator 1433.28/2017.83 Exempt Assistant Public Works Director 2086.00/2934.85 Exempt Assistant Utility Director – Administration 2798.73/3938.43 Exempt Assistant Utility Director – PGS & PCC 3031.68/4266.42 Exempt Attorney 2003.06/2818.62 Exempt ORDINANCE NO. 9111(Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Audio-Video Technician 1038.69/1461.54 40 hrs/week Biosolids Technician 1185.21/1668.38 40 hrs/week Building Department Director 2283.50/3211.95 Exempt Building Inspector 1318.18/1854.63 40 hrs/week Building Secretary 930.41/1308.76 40 hrs/week Cemetery Superintendent 1364.25/1920.65 Exempt City Administrator 3694.74/5199.60 Exempt City Attorney 2667.93/3754.87 Exempt City Clerk 1533.36/2157.82 Exempt Civil Engineering Manager – Public Works Engineering 2032.23/2860.65 Exempt Civil Engineering Manager – Utility, PCC 2235.14/3146.78 Exempt Collection System Supervisor 1406.27/1979.02 40 hrs/week Communications Specialist/EMD 960.06/1354.25 40 hrs/week Community Development Administrator 1159.73/1631.88 Exempt Community Service Officer – Police Department 826.58 / 1162.73 40 hrs/week Custodian 826.10/1165.76 40 hrs/week Development/Grants Specialist 1159.73/1631.88 Exempt Electric Distribution Superintendent 2238.54/3149.39 Exempt Electric Distribution Supervisor 1891.18/2660.18 40 hrs/week Electric Underground Superintendent 1993.46/2804.93 Exempt Electrical Engineer I 1828.81/2574.69 Exempt Electrical Engineer II 2119.69/2983.49 Exempt Electrical Inspector 1318.18/1854.63 40 hrs/week Emergency Management Clerk 861.38/1211.86 40 hrs/week Emergency Management Deputy Director 1472.18/2071.60 Exempt Emergency Management Director 2095.21/2948.19 Exempt EMS Division Chief 1780.80/2505.67 Exempt Engineering Technician 1321.22/1858.91 40 hrs/week Engineering Technician Supervisor 1510.15/2125.74 Exempt Equipment Operator, Solid Waste 1126.58/1586.55 40 hrs/week Equipment Operator, WWTP 1115.42/1570.85 40 hrs/week Evidence Technician 826.58/1162.73 40 hrs/week ORDINANCE NO. 9111(Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Finance Director 2658.80/3741.50 Exempt Finance Secretary 930.41/1308.76 40 hrs/week Fire Chief 2422.44/3407.86 Exempt Fire Operations Division Chief 1916.76/2696.98 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 Exempt Fleet Services Supervisor 1265.20/1780.43 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 40 hrs/week Human Resources Director 2337.34/3287.67 Exempt Human Resources Specialist 1211.46/1704.40 40 hrs/week Information Technology Manager 2157.10/3035.07 Exempt Information Technology Supervisor 1809.78/2546.93 Exempt Legal Secretary 1063.89/1498.93 40 hrs/week Librarian I 1193.05 / 1678.11 Exempt Librarian II 1312.53 / 1846.64 Exempt Library Assistant I 832.39/1170.95 40 hrs/week Library Assistant II 918.16/1291.93 40 hrs/week Library Assistant Director 1556.71/2190.42 Exempt Library Clerk 697.70/983.03 40 hrs/week Library Director 2106.85/2965.64 Exempt Library Page 528.02/743.20 40 hrs/week Library Secretary 930.41/1308.76 40 hrs/week Maintenance Mechanic I 1087.13/1533.71 40 hrs/week Maintenance Mechanic II 1220.54/1717.26 40 hrs/week Maintenance Worker I – Building, , Library 957.65/1347.30 40 hrs/week Maintenance Worker I – Golf, Shooting Range 986.38/1387.72 40 hrs/week Maintenance Worker I – WWTP 1038.80/1461.49 40 hrs/week Maintenance Worker II – Building 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 40 hrs/week ORDINANCE NO. 9111(Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Meter Reading Supervisor 1306.49/1839.94 Exempt Office Manager – Police Department 1113.70/1567.54 40 hrs/week Parking Monitor 553.72/780.02 40 hrs/week Parks and Recreation Director 2382.92/3351.66 Exempt Parks and Recreation Secretary 930.41/1308.76 40 hrs/week Parks Maintenance Superintendent 1589.78/2236.34 Exempt Payroll Specialist 1187.70/1670.98 40 hrs/week Planning Director 2362.77/3324.06 Exempt Planning Secretary 930.41/1308.76 40 hrs/week Planning Technician 1416.78/1993.34 40 hrs/week Plans Examiner 1318.18/1854.63 40 hrs/week Plumbing Inspector 1318.18/1854.63 40 hrs/week Police Captain 1807.51/2543.25 Exempt Police Chief 2537.12/3571.25 Exempt Police Records Clerk 871.29/1226.77 40 hrs/week Power Plant Maintenance Supervisor 2089.82/2939.61 Exempt Power Plant Operations Supervisor 2175.14/3060.41 Exempt Power Plant Superintendent – Burdick 2382.59/3352.74 Exempt Power Plant Superintendent – PGS 2746.76/3863.40 Exempt Public Information Officer 1369.46/1926.70 Exempt Public Works Director 2669.02/3755.90 Exempt Purchasing Technician 998.25/1404.18 40 hrs/week Receptionist Recreation Superintendent 895.68/1260.31 1507.29/2120.18 40 hrs/week Exempt Regulatory and Environmental Specialist 2060.93/2898.97 Exempt Senior Accountant 1700.63/2392.34 Exempt Senior Communications Specialist/EMD 1116.24/1570.09 40 hrs/week Senior Electrical Engineer 2320.75/3265.33 Exempt Senior Equipment Operator, Solid Waste 1182.93/1664.51 40 hrs/week Senior Equipment Operator, WWTP 1159.74/1631.87 40 hrs/week Senior Maintenance Worker 1206.77/1698.62 40 hrs/week Senior Utility Secretary 933.15/1316.05 40 hrs/week Shooting Range Superintendent 1507.29/2120.18 Exempt ORDINANCE NO. 9111(Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Solid Waste Division Clerk 836.78/1177.23 40 hrs/week Solid Waste Superintendent 1711.93/2409.00 Exempt Stormwater Technician 1321.22/1858.91 40 hrs/week Street Superintendent 1637.98/2307.06 Exempt Street Supervisor 1300.21/1828.62 40 hrs/week Turf Management Specialist 1317.93/1854.27 40 hrs/week Utility Director 3628.53/5104.31 Exempt Utility Production Engineer 2449.49/3447.23 Exempt Utility Secretary 930.41/1308.76 40 hrs/week Utility Services Manager 1917.91/2698.95 Exempt Utility Warehouse Supervisor 1491.57/2097.88 40 hrs/week Victim Assistance Unit Coordinator 871.29/1226.77 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 40 hrs/week Wastewater Plant Operator I 1002.93/1411.43 40 hrs/week Wastewater Plant Operator II 1121.13/1578.63 40 hrs/week Wastewater Plant Process Supervisor 1464.03/2061.29 40 hrs/week Wastewater Plant Senior Operator 1185.21/1668.38 40 hrs/week Water Superintendent 1804.48/2538.25 Exempt Water Supervisor 1538.58/2166.80 40 hrs/week Worker / Seasonal 412.00/1600.00 Exempt Worker / Temporary 412.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9111(Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 984.46/1384.40 40 hrs/week Fleet Services Attendant/Clerk 894.96/1262.27 40 hrs/week Fleet Services Inventory Specialist 981.67/1381.61 40 hrs/week Fleet Services Mechanic 1123.02/1579.46 40 hrs/week Horticulturist 1039.48/1464.57 40 hrs/week Maintenance Worker – Cemetery 977.01/1375.08 40 hrs/week Maintenance Worker – Parks 970.48/1366.69 40 hrs/week Maintenance Worker – Streets 949.97/1336.86 40 hrs/week Senior Equipment Operator – Streets 1078.62/1518.66 40 hrs/week Senior Maintenance Worker – Parks 1078.62/1518.66 40 hrs/week Senior Maintenance Worker – Streets 1078.62/1518.66 40 hrs/week Traffic Signal Technician 1078.62/1518.66 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 40 hrs/week Computer Programmer 1513.68/2128.69 40 hrs/week Computer Technician 1180.80/1661.14 40 hrs/week Custodian 872.70/1228.05 40 hrs/week Electric Distribution Crew Chief 1737.62/2444.21 40 hrs/week Electric Underground Crew Chief 1737.62/2444.21 40 hrs/week Engineering Technician I 1240.47/1745.26 40 hrs/week Engineering Technician II 1511.46/2127.79 40 hrs/week GIS Technician 1628.85/2291.16 40 hrs/week Instrument Technician 1798.26/2529.78 40 hrs/week Lineworker Apprentice 1229.67/1730.06 40 hrs/week ORDINANCE NO. 9111(Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Lineworker First Class 1574.93/2215.29 40 hrs/week Materials Handler 1465.89/2061.87 40 hrs/week Meter Reader 992.30/1396.84 40 hrs/week Meter Technician 1235.44/1738.16 40 hrs/week Power Dispatcher I 1728.75/2431.52 40 hrs/week Power Dispatcher II 1815.74/2554.09 40 hrs/week Power Plant Maintenance Mechanic 1540.86/2167.37 40 hrs/week Power Plant Operator 1662.33/2338.11 40 hrs/week Senior Accounting Clerk 1026.27/1445.68 40 hrs/week Senior Engineering Technician 1628.85/2291.16 40 hrs/week Senior Materials Handler 1618.58/2276.58 40 hrs/week Senior Meter Reader 1068.55/1501.93 40 hrs/week Senior Power Dispatcher 2003.52/2817.99 40 hrs/week Senior Power Plant Operator 1834.38/2580.48 40 hrs/week Senior Substation Technician 1798.26/2529.78 40 hrs/week Senior Water Maintenance Worker 1330.48/1872.17 40 hrs/week Substation Technician 1670.29/2349.30 40 hrs/week Systems Technician 1798.26/2529.78 40 hrs/week Tree Trim Crew Chief 1574.93/2215.29 40 hrs/week Utilities Electrician 1670.29/2349.30 40 hrs/week Utility Technician 1745.98/2455.96 40 hrs/week Utility Warehouse Clerk 1114.27/1568.30 40 hrs/week Water Maintenance Worker 1175.57/1654.54 40 hrs/week Wireworker I 1357.38/1909.78 40 hrs/week Wireworker II 1574.93/2215.29 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9111(Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 1238.20/1730.92 40 hrs/week Police Sergeant 1520.42/2083.33 40 hrs/week SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1472.52/2118.93 212 hrs/28 days Firefighter / EMT 1131.42/1627.96 212 hrs/28 days Firefighter / Paramedic 1276.52/1836.72 212 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 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 ORDINANCE NO. 9111(Cont.) - 9 - 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, the IBEW labor union, and IAFF labor union may receive an annual stipend not to exceed $1,000 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 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 ORDINANCE NO. 9111(Cont.) - 10 - 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. (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 medical 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 ORDINANCE NO. 9111(Cont.) - 11 - contribution to a VEBA made on their behalf in lieu of payment for one-half of their accumulated medical 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 have a contribution made to their VEBA for one- half of their accumulated medical 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 City Administrator shall have a contribution made to his VEBA for the total hours of accumulated medical leave upon termination, the rate of compensation to be based upon the salary at the time of termination. (E) 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 medical leave. SECTION 8. The city administrator shall receive a vehicle allowance of $300 per pay period in lieu of mileage for use of personal vehicle travel within Hall County. SECTION 9. The City Administrator shall receive the maximum annual deferral limit allowable by the Internal Revenue Service deposited in his ICMA-RC 457 Account. The amount will be paid over the course of 26 pay periods. SECTION 10. 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. 9111(Cont.) - 12 - SECTION 11. 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 12. The salary adjustments identified herein shall be effective with the pay period beginning on April 16, 2007. SECTION 13. Ordinance No. 9099 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 14. 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: March 27, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9112 - Consideration of Creation Sanitary Sewer District No. 523, Lots 1-8 & Lots 22-31 of Westwood Park 2nd Subdivision Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: March 27, 2007 Subject: Consideration of Creation of Sanitary Sewer No. 523, Lots 1-8 & Lots 22-31 of Westwood Park 2nd Subdivision Item #’s: F-3 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is needed to create a sanitary sewer district. The boundary for the proposed district was selected because these lots would be served by extending a sanitary sewer main from the west along Driftwood Drive stopping just short of Sweetwood Drive. The homes east of the proposed district would be served by a future sanitary sewer main from the south on Sweetwood Drive. See attached sketch. A petition for sanitary sewer with the above district boundary was circulated in the area and signed by seven (7) residents. A resident outside the proposed district boundary at 832 Sweetwood Drive also signed the petition. Discussion There are a few property owners on Sweetwood Drive (including 832 Sweetwood Drive) as well as Driftwood Drive that desire to have city sanitary sewer, yet they are outside of the boundary of the sanitary sewer district that was on the petition. Administration recommends that they be included in a separate district if a petition is turned in to the city. If the district is created, a notice will be mailed to all affected property owners, a 30-day protest period allowed and an open house meeting held to review the project with property owners. The public works department would recommend that the assessments for the district be spread equally across the lots in the district. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the recommendation to create Sanitary Sewer District 523. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the creation of Sanitary Sewer District 523. A ten (10) year assessment period is recommended. Sample Motion Move to approve the creation of Sanitary Sewer District # 523. Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney ORDINANCE NO. 9112 An ordinance creating Sanitary Sewer District No. 523 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing 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. Sanitary Sewer District No. 523 is hereby created for the construction of an eight (8.0) inch sanitary sewer main and appurtenances thereto for Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8) and Lots Twenty- Two (22), Twenty-Three (23), Twenty-Four (24), Twenty-Five (25), Twenty-Six (26), Twenty- Seven (27), Twenty-Eight (28), Twenty-Nine (29), Thirty (30) and Thirty-One (31), Westwood Park Second Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: * This Space Reserved for Register of Deeds * ORDINANCE NO. 9112 (Cont.) - 2 - Beginning at the Northeast Corner, Lot Thirty-One (31), Westwood Park Second Subdivision; thence South on the East Line of Lot Thirty-One (31), Westwood Park Second Subdivision to the North Line of Driftwood Drive; thence West on the North Line of Driftwood Drive for a Distance of Five Feet (5’); thence South on the East Line of Lot One (1), Westwood Park Second Subdivision and a Prolongation thereof to the Southeast Corner of Lot One (1), Westwood Park Second Subdivision; thence West on the South Line of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) of Westwood Park Second Subdivision to the Southwesterly Corner of Lot Eight (8), Westwood Park Second Subdivision; thence Northwesterly on the Westerly Line of Lot Eight (8), Westwood Park Second Subdivision to the Southerly Line of Redwood Road; thence Southwesterly on the Southerly Line of Redwood Road to a point where the prolongation of the Southerly Line of Lot Twenty-Two (22) of Westwood Park Second Subdivision intersects; thence Northwesterly on the Southerly Line of Lot Twenty-Two (22) of Westwood Park Second Subdivision to the Westerly most corner of Lot Twenty-Two (22) of Westwood Park Second Subdivision; thence Northeasterly on the Westerly Line of Lot Twenty-Two (22) of Westwood Park Second Subdivision to the Southwest Corner of Lot Twenty-Three (23) of Westwood Park Second Subdivision; thence North on the West Line of Lot Twenty-Three (23) of Westwood Park Second Subdivision to the Northwest Corner of Lot Twenty-Three (23) of Westwood Park Second Subdivision; thence East on the North Line of Westwood Park Second Subdivision to the Point of Beginning, all as shown on the plat dated February 2, 2007, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. ORDINANCE NO. 9112 (Cont.) - 3 - SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: March 27, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of March 13, 2007 City Council Regular Meeting Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 13, 2007 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on March 13, 2007. Notice of the meeting was given in The Grand Island Independent on March 7, 2007. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Pielstick, Walker, Cornelius, Nickerson, Gericke, Brown, Gilbert, and Haase. Councilmember’s Whitesides, and Meyer were absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director David Springer, and Public Works Director Steve Riehle. INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council members Jeff Seim and Allen Buck. Introduced was Jon Rosenlund, new Emergency Management Director and his family. The Mayor also mentioned the Big Brothers/Big Sister’s Fund Raiser. PRESENTATIONS AND PROCLAMATIONS: Recognition of Life Saving Efforts by Celine Stahlnecker and Lynne Kelly, Library Employees. Mayor Hornady and the City Council recognized the life saving efforts of Library Employees Celine Stahlnecker and Lynne Kelly for performing the Heimlich maneuver on fellow employee Patsy Arnold who was choking. Ranae Foster with the American Red Cross was present and stated they were making application for a Presidential Life Saving Award for Celine Stahlnecker. Library Director Steve Fosselman, Celine Stahlnecker, Lynne Kelly, and Patsy Arnold were present for the recognition. PUBLIC HEARINGS: Public Hearing on Re-Adopting the City of Grand Island Official Zoning Map. Chad Nabity, Regional Planning Director reported that this map would be used as the official map to show zoning, the Grand Island City Limit lines and 2 mile extraterritorial jurisdiction incorporating all annexation and zoning actions since the map became official on March 7, 2006. No public testimony was heard. Public Hearing Concerning Acquisition of Utility Easement Located South of State Street and East of North Road (Little B’s Corporation). Gary Mader, Utilities Director reported that acquisition of a utility easement located south of State Street and east of North Road was needed in order to have access to install, upgrade, maintain, and repair water mains. This easement would be used to construct water mains from the existing main in Summerfield Avenue to Page 2, City Council Regular Meeting, March 13, 2007 complete the loop to State Street and would allow for continued expansion to the north. The easement would be within the future street right-of-way. No public testimony was heard. ORDINANCES: #9108 – Consideration of Annexation of Property Located Between the East Side of the Platte Valley Industrial Park and South Locust Street and Between Wildwood Drive and Schimmer Drive (Third Reading) Chad Nabity, Regional Planning Director reported Ordinance #9108 was the third and final reading. Motion by Pielstick, second by Walker to approve Ordinance #9108 on third reading. Upon roll call vote, all voted aye. Motion adopted. CONSENT AGENDA: Consent items G-3, G-11 and G-13 were pulled for further discussion. Motion by Gilbert, second by Haase to approve the Consent Agenda excluding items G-3, G-11, and G-13. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Document – Tort Claim Filed by STL Transportation. Approving Minutes of February 27, 2007 City Council Regular Meeting. #2007-51 – Approving Re-Adopting the City of Grand Island Official Zoning Map. #2007-52 – Approving Acquisition of Utility Easement Located South of State Street and East of North Road (Little B’s Corporation). #2007-53 – Approving Bid Award for 2007 Concrete Ready-Mix for the Streets Division of the Public Works Department with Gerhold Concrete Company of Grand Island, Nebraska in an Amount of $59.00 per cubic yard. #2007-54 – Approving Bid Award for 2007 Concrete Pavement and Storm Sewer Repair for the Streets Division of the Public Works Department with OK Paving of Hordville, Nebraska in an Amount of $608,585.00. #2007-55 – Approving Bid Award for 2007 Hot Mix Asphalt for the Streets Division of the Public Works Department with J.I.L. Asphalt Paving of Grand Island, Nebraska for an Amount of $35.55 per ton for Type “A”, $28.90 per ton for Type “B” Asphalt Hot-Mix and $34.65 per ton for Type “C” Asphaltic Concrete Hot-Mix. #2007-56 – Approving Bid Award for 26,000 GVW Dump Truck for Streets Division of the Public Works Department with Hansen International Truck, Inc. of Grand Island, Nebraska in an Amount of $57,415.00. #2007-57 – Approving Bid for Sale of Lot One (1) of Dale Roush Third Subdivision Located at 1 Navajo Drive to Steven A. Manolidis of Grand Island, Nebraska in an Amount of $3,110.00. Page 3, City Council Regular Meeting, March 13, 2007 #2007-59 – Approving Contract for Operation and Management Services for Jackrabbit Run Golf Course with Don E. Kruse of Grand Island, Nebraska. #2007-61 – Approving Lease Agreement with the Hall County Historical Society for the Rental of the Burlington Depot by the Grand Island Police Department in an Amount of $565.00 per month. #2007-62 – Approving Interlocal Agreement with Metropolitan Area Planning Agency (MAPA) for Aerial Photography. #2007-63 – Approving Grant Award from Region III Behavioral Health Services in the Amount of $900.00 for the Community Youth Council 2007 Family Day in the Park. #2007-64 – Approving Interlocal Agreement with the Communities of Beatrice, Columbus, Fremont, Hastings, Kearney, Lexington, Norfolk, North Platte, and Scottsbluff for the Nebraska Storm Water Communities Cooperative. #2007-65 – Approving Program Agreement with the Nebraska Department of Roads Regarding the Wasmer Detention Cell. Approving Preliminary Plat for Woodland Park Fifth Subdivision. Chad Nabity, Regional Planning Director reported this preliminary plat proposed to create 45 lots on a tract of land located in the W1/2 of the SE1/4 of Section 2-11-10 consisting of approximately 9.28 acres. Gary Lantzer, 4203 New York Avenue spoke in support with concerns about the drainage. Motion by Gilbert, second by Nickerson to approve the preliminary plat for Woodland Park Fifth Subdivision. Upon roll call vote, all voted aye. Motion adopted. #2007-58 – Approving Contract for City Administrator Recruitment Services with The Mercer Group, Inc. of Santa Fe, New Mexico in an Amount of $16,500.00 plus expenses not to exceed $8,000.00. Human Resources Director Brenda Sutherland explained the process of hiring a new City Administrator. Discussion was held regarding council input, guarantee, and time frame. Motion by Walker, second by Pielstick to approve Resolution #2007-58. Upon roll call vote, all voted aye. Motion adopted. #2007-60 – Approving Bid Award for (1) Commercial 72” Turf Mower, Hard Cab and Snow Thrower with TurfWerks of Omaha, Nebraska in an Amount of $27,654.00. Park and Recreation Director Steve Paustian reported the recommendation of the department was to award this bid to TurfWerks which was not the low bid, but met all specifications. Discussion was held regarding awarding bids to the lowest bidder. Motion by Nickerson, second by Cornelius to approve Resolution #2007-60. Upon roll call vote, all voted aye. Motion adopted. Introduced was Don Kruse the new Jackrabbit Run Golf Course Professional and Manager. Mr. Kruse thanked the Mayor, Council, and public for the opportunity to serve. Page 4, City Council Regular Meeting, March 13, 2007 RESOLUTION: #2007-66 – Approving Marketing Plan for the Parks and Recreation Department. Steve Paustian, Park and Recreation Director reported the department had formulated a policy to allow for promotions, give-a-ways, and cross marketing promotions to help generate additional revenues and increase public awareness for various Park and Recreation Department facilities such as Island Oasis, Jackrabbit Run Golf Course, and the Heartland Public Shooting Park. Motion by Pielstick, second by Walker to approve Resolution #2007-66. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Nickerson to approve the Claims for the period of February 28, 2007 through March 13, 2007, for a total amount of $2,307,448.08. Motion adopted unanimously. Motion by Cornelius, second by Nickerson to approve the following Claims for the Library Expansion for the period of February 28, 2007 through March 13, 2007: #54 $2,261.54 #55 580.66 #56 285,558.05 #57 3,842.69 #58 70.00 #59 1,800.00 #60 455.00 #61 1,234.18 #62 2,407.41 Motion adopted unanimously. ADJOURNMENT: There being no future business the meeting was adjourned at 7:40 p.m. RaNae Edwards City Clerk Item G2 Approving Appointment of Karen Bredthauer to the Regional Planning Commission The Mayor has submitted the appointment of Karen Bredthauer to the Regional Planning Commission to fill the unexpired term of Tom Brown. This appointment would become effective immediately upon approval by Council, and would expire on October 31, 2009. Approval is recommended. Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G3 #2007- 67- Approving Renewal of Farm Leases Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, City Attorney Meeting: March 27, 2007 Subject: Renewal of Farm Leases Item #’s: G-3 Presenter(s): Dale M. Shotkoski, City Attorney Background The Utilities, Public Works and Parks and Recreation Departments lease lands owned, but not currently required for actual equipment or building installations, for agricultural use. This process reduces department maintenance expense and provides revenue from the farming operations. The leases are for one year terms with access for utility purposes guaranteed at any time. Areas included are: unsold property at Platte Valley Industrial Park, Platte Generating Station, Burdick Station, the Well Field, land north of the Waste Water Treatment Plant, land at the former Cornhusker Army Ammunition Plant and the City Landfill. Discussion A summary of the leases for 2007 is listed below: Farm #5 – Fire Department Training Center Jeff Johnson 31 +/- acres $140/Acre Cash Rent; All Def. Payments Farm #7 – Platte Generating Station Mike Lilienthal 255 +/- acres 33% Alfalfa or rotation crops Farm #8 – City Well Field Kenneth Clausen 114 +/- acres 50% Prairie Hay Farm #9 – City Well Field Larry Knuth 520 +/- acres 50% Prairie Hay Farm #10 – City Well Field Jack Webb 650 +/- acres 50% Prairie Hay Farm #11 – GI Industrial Subdivision Mike Peters 116.4 +/- acres $12,500 Cash Rent Farm #11A – Burdick-Rough Hay Meadow Gerald Bremer 16.5 +/- acres $50 Cash Rent Farm #12 – City Landfill Quaring Farms 170 +/- acres $3,500 Cash Rent 50% Prairie Hay Farm #16 – CAAP Robert Nunnenkamp 48 +/- acres $3,000 Cash Rent Farm #16 – CAAP Matt Turek 51 +/- acres 33% Prairie Hay Receipt of revenue by the department from the crop share leases depends on success of the farming year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the annual farm leases. 2. Disapprove the leases. 3. Modify the leases to meet the wishes of the Council. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the farm leases. Sample Motion Approve the farm leases. Item G4 #2007- 68- Approving Acquisition of Utility Easement - 1420 S. Ada Street - Sunrise Express Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-68 WHEREAS, a public utility easement is required by the City of Grand Island, from Sunrise Express, Inc., to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on March 27, 2007, for the purpose of discussing the proposed acquisition of an easement located in a part of the Northeast Quarter of the Southwest Quarter (NE¼ SW¼) Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility easement, being more particularly described as follows: Beginning at the Southeast Corner of Lot One (1) Wilson Concrete Subdivision; thence on an assumed bearing of N0°00’00”E along the Easterly Line of Lot One (1) Wilson Concrete Subdivision, a distance of Six Hundred Sixty Three and Nine Tenths (663.9) feet; thence S89°05’36”E along the Northerly Line of a tract of land described in Document 93- 109087 recorded in the office of the Hall County Register of Deeds, a distance of Twenty (20.0) feet; thence S0°00’00”W, a distance of Six Hundred Sixty Four and Three Tenths (664.3) feet; thence N89°05’36”W, a distance of Seventeen and Five Tenths (17.5) feet; thence N87°16’55”W, a distance of Two and Fifty One Hundredths (2.51) feet to the Point of Beginning. The above-described easement and right-of-way containing a total of 0.305 acres, more or less, as shown on the plat dated 3/12/2007, marked Exhibit “A”, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Sunrise Express, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G5 #2007- 69- Approving Bid Award for Project 2007-WWTP-1 Final Clarifier Launder Covers Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: March 27, 2007 Subject: Approving bid Award for Project 2007-WWTP-1 Final Clarifier Launder Covers Item #’s: G-5 Presenter(s): Steven P. Riehle, Public Works Director Background The Advertisement to Bidders for Project 2007-WWTP-1 (Final Clarifier Launder Covers at the Waste Water Treatment Plant) was published in the Grand Island Independent on Thursday, March 1, 2007. The project will furnish all materials and appurtenances necessary to install Launder Covers manufactured out of Fiberglass Reinforced Plastic (F.R.P.) on the three (3) existing Final Clarifier Basins. The Launder Covers shall be designed to inhibit the growth of algae on the launder troughs and weirs of the clarifier basin(s) by minimizing incident sunlight on these surfaces. Discussion At 11:00 AM on March 16, 2007, two (2) bids were received, opened, and reviewed. Bidder Exceptions Total Bid MFG Water Treatment Products Company of Union City, Pennsylvania The bidder submitted an alternate design for attaching the angle bracket to the final clarifier basin. The alternate design is equal to or better then what was shown on the plans. $110,205.00 NEFCO Gardens, Florida Noted $120,600.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to award the bid to MFG Water Treatment Products Company and authorize the mayor to execute the contract. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation Administration recommends that the council approve a resolution awarding the bid to MFG Water Treatment Products Company of Union City, Pennsylvania and authorizing the mayor to execute the contract. Sample Motion Motion to approve awarding the bid to MFG Water Treatment Products Company. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 16, 2007 at 11:00 a.m. FOR: Final Clarifier Launder Covers – Project 2007-WWTP-1 DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $200,000.00 FUND/ACCOUNT: 53030054-85615 PUBLICATION DATE: March 1, 2007 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: NEFCO MFG Water Treatment Products Co. Gardens, FL Union City, PA Bid Security: $6,000.00 $5,600.00 Exceptions: Noted Noted Bid Price: $120,600.00 $110,205.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ben Thayer, WWTP Supervisor Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1151 Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-69 WHEREAS, the City of Grand Island invited sealed bids for Project 2007-WWTP-1, Final Clarifier Launder Covers, according to plans and specifications on file at Waste Water Treatment Plant; and WHEREAS, on March 16, 2007, bids were received, opened and reviewed; and WHEREAS, MFG Water Treatment Products Company of Union City, Pennsylvania, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $110,205.00; and WHEREAS, MFG Water Treatment Products Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of MFG Water Treatment Products Company of Union City, Pennsylvania, in the amount of $110,205.00 for Project 2007-WWTP-1, Final Clarifier Launder Covers is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2007- 70- Approving Funding of Economic Development Corporation Request for CNH America, LLC (NWPS Rate Agreement Funds) Tuesday, March 27, 2007 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: March 27, 2007 Subject: Approving Funding of Economic Development Corporation Request for Case IH Plant Expansion (NWPS Rate Agreement Funds) Item #’s: G-6 Presenter(s): Dave Springer, Finance Director Background On September 26, 2000, the City Council approved Resolution #2000-291 establishing an Economic Development Policy for the annual contribution from Northwestern Public Service (NWPS). A request has been received for funding and recommended for approval by the NWPS Funds Review Committee. Discussion The Grand Island Area Economic Development Corporation (GIAEDC) requests $50,000 to be used towards the expansion of the Case IH plant in Grand Island and increased usage of their paint line. These funds represent direct cash contributions previously made by NWPS to the City of Grand Island and the usage of these funds for this purpose falls within the guidelines of the economic development policy set forth in the rate agreement. Adequate funds will not be in Account #10011102-85454 until the next quarterly contribution from NWPS is received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for funds 2. Disapprove or /Deny the request for funds 3. Table the issue Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Approve the request for funds to allow payment to Case IH. Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney R E S O L U T I O N 2007-70 WHEREAS, Northwestern Public Service (NWPS) makes an annual contribution for economic development purposes to the City of Grand Island in the amount of $86,000; and WHEREAS, on September 26, 2000, the Mayor and City Council approved Resolution 2000-291 establishing an economic development policy for receiving, considering and making recommendations regarding requests for disbursement of said funds; and WHEREAS, the office of the Mayor of the City of Grand Island received a recommendation for funding from the local economic development committee for $50,000 payable to the Grand Island Area Economic Development Corporation on behalf of Case IH to assist with the expansion of the plant and increased usage of their paint line; and WHEREAS, said request is consistent with the intent of NWPS in making its annual economic development contribution, and the policy established by the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the request for disbursement in the amount of $50,000 to fund a portion of the expansion of Case IH and their increased usage of their paint line is hereby approved, and a payment is authorized to be made to the Grand Island Area Economic Development Corporation on behalf of Case IH for such purpose. - - - Adopted by the City Council of the City of Grand Island, Nebraska on March 27, 2007. _____________________________________ Margaret Hornady, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Item G7 #2007- 71- Approving Bid Award - Mercury Emissions Monitoring Equipment - Platte Generating Station Tuesday, March 27, 2007 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, City Attorney Meeting: March 27, 2007 Subject: Approving Bid Award – Mercury Monitoring Equipment – Platte Generating Station Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background Power Plants across the country are required to monitor certain emissions resulting from the burning of fuels. Platte Generating Station (PGS) currently monitors, reports and controls sulfur and nitrogen oxide emissions and opacity in accordance with state and federal regulations. Recent federal law expands monitoring requirements to include emissions of Mercury resulting from burning fossil fuel. The plant is mandated by the federal Clean Air Mercury Rule (CAMR) to have a mercury emissions monitor in service by January 1, 2009. Refinements of the monitor technology and the details of the final regulations are still being worked out, but approximately 2,200 sites will be required to ha ve these monitors in place by 2009. There are a very limited number of qualified suppliers; therefore, pricing and availability are very volatile. Because of this, the plant staff plans to have the monitor installed during the first quarter of 2008 in order to ensure delivery and reliable operation for the 2009 deadline. In September 2006, the engineering firm of Black & Veatch was awarded a contract for engineering services for the procurement and installation of the required mercury monitor equipment. Discussion Black & Veatch developed the specifications for PGS Mercury Emissions Monitoring Equipment. The specifications were advertised and the bids publicly opened in accordance with the City Purchasing Code. Three bids were received, but two were rejected as the bidders would not provide bid bonds as required by the Purchasing Code. The compliant bid is tabulated below. Bidder Bid Price Sick Maihak, Bloomington, MN $149,900.00 The engineers estimate for this contract was $450,000. The engineers developed this estimate from information provided by the two major domestic manufacturers of this developing technology equipment, Thermo Electron Corporation and Tekran Instruments Corporation. The only bid received that was comp liant with the City’s bid requirements was from Sick Maihak, a European manufacturer with a smaller share of the American market. Black & Veatch and the Utility staff have researched the compliant bidder and found that the company is well established in Europe, providing a variety of emission monitoring devices, including Mercury monitors, and now has North American sales outlets and an engineering/services office in Houston, Texas. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for PGS Mercury Emissions Monitoring Equipment to Sick Maihak of Bloomington, MN as the low responsive bidder, at the bid price of $149,900.00. Sample Motion Make a motion to approve the award of the contract to Sick Maihak for PGS Mercury Emissions Monitoring Equipment 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: March 13, 2007 at 11:00 a.m. FOR: PGS Mercury Emissions Monitoring Equipment DEPARTMENT: Utilities ENGINEER’S ESTIMATE: $450,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: February 9, 2007 & February 24, 2007 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Sick Maihak Altech ThermoFisher Bloomington, MN Geneva, IL Franklin, MA Bid Security: $7,500.00 No Bid Security No Bid Security Exceptions: Noted Submitted Submitted Bid Price: $149,900.00 Bid Rejected Bid Rejected cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist. Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1148 Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-71 WHEREAS, the City of Grand Island invited sealed bids for Mercury Emissions Monitoring Equipment, according to plans and specifications on file with the Utilities Department, Platte Generating Station; and WHEREAS, on March 13, 2007, bids were received, opened and reviewed; and WHEREAS, Sick Maihak of Bloomington, Minnesota, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $149,900.00; and WHEREAS, Sick Maihak’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Sick Maihak of Bloomington, Minnesota, in the amount of $149,900.00 for Mercury Emissions Monitoring Equipment is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2007-72-Approving Supplemental Agreement #2 with the Nebraska Department of Roads for the Grand Island River Way Trail Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: March 27, 2007 Subject: Approving Supplemental Agreement #2 with the NE Dept. of Roads for the Grand Island River Way Trail Item #’s: G-8 Presenter(s): Steve Paustian Background On August 23, 2005 Council authorized the acceptance of a contract to provide funding toward the development of the River Way Hike/Bike Trail. The trail will extend the existing trail from Hall County Park to South Locust and then North to Hwy 34. Discussion As the trail is designed to be constructed on top of the south levy of the Wood River Flood Way it is necessary to get Army Corp of Engineer approval. Staff has been in discussions with the Corp for over a year and a half regarding this approval. To date the Corp has not finished its review. Because of this delay, the original contract with the State of Nebraska Department of Roads has expired along with Supplemental Agreement #1. The state is willing to grant a second extension to the contract to allow more time to construct the project. 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 authorize they Mayor to sign the extension. Sample Motion Motion to approve extension #2 of the existing contract with the Nebraska Department of Roads to construct the River Way hike/bike trail. Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-72 WHEREAS, on August 23, 2005, an agreement with the Nebraska Department of Roads was approved for the development of a ten foot wide hike/bike trail to start at Hall County Park and follow the south Wood River drainage dike one and one-half miles to South Locust Street in Grand Island, Nebraska; and WHEREAS, because the hike/bike trail is designed to be constructed on top of the south levy of the Wood River Flood Way, it is necessary to obtain the approval of the Army Corp of Engineers; and WHEREAS, on January 9, 2007, by Resolution No. 2007-11, an extension of the agreement with the Nebraska Department of Roads was approved by Supplemental Agreement #1; and WHEREAS, the Army Corp of Engineers has not completed it’s review of the hike/bike trail, and it is therefore necessary to obtain an extension of Supplemental Agreement #1 with the Nebraska Department of Roads for the development of the hike/bike trail; and WHEREAS, the Nebraska Department of Roads has agreed to Supplemental Agreement #2 of the agreement so that the hike/bike trail can be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement #2 with the Nebraska Department of Roads for the Grand Island River Way Trail is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ____________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Lyman-Richey Corp. dba Central Sand and Gravel on Behalf of Garry Williams and Roger Luebbe for a Conditional Use Permit for a Sand and Gravel Mining Operation Located at 1672 South Shady Bend Road and 3116 Stolley Park Road This item relates to the aforementioned Public Hearing Item E-6. Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from Jerry & Teresa Sinner for Non- Conforming Use and Building Permit Located at 1822 East 7th Street Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: March 27, 2007 Subject: Request of Jerry & Teresa Sinner of 1822 East 7th Street, Grand Island, NE for Approval of an Extension to a Legal Non-Conforming Use Item #’s: H-2 Presenter(s): Craig Lewis – Building Department Director Background This request is for Council approval to allow for the expansion of the existing single family dwelling at 1822 East 7th Street. The applicant is proposing to construct a 24’ x 34’ addition onto the approximately 22’ x 34’ dwelling. The property is currently zoned M-2 (Heavy Manufacturing) zoning classification that does not allow for residential uses and specifically excludes any residential use. The existing dwelling along with others neighboring this property have been in existence for decades as manufacturing entities have grown around this cluster of residential properties. The Grand Island Zoning Code considers these types of residential uses in manufacturing zones as legal non-conforming uses and requires that any expansion of such legal non-conforming uses must first be approved by the City Council. Discussion The City code section 36-35 allows for extensions and expansions of such structures in all cases where refusal to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the same. The City Council may attach appropriate conditions to the granting of any such relief. The site location is such that expansions would not appear to have any negative impact on the neighboring properties. As a condition to this request I would suggest that a time limit requiring the exterior be completed within a 12 month period be included in any approvals. 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 expansion of the non-conforming use with the condition that the exterior construction be completed within the next 12 month period. Sample Motion Motio n to approve the request to allow for an expansion of the legal non-conforming use with the condition that the exterior construction be completed within the next 12 months. Item H3 Consideration of Request from Wile E. Investment LLC, 210 East Stolley Park Road for Extension of Conditional Use Permit Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: March 27, 2007 Subject: Request of Wile E. Investment Properties for an Extension to the Time Approved for a Conditional Use Permit to Allow for the Temporary Use of an Exis ting Single Family Dwelling at 210 E. Stolley Park Road for a Veterinary Clinic during Construction of a Permanent Facility Item #’s: H-3 Presenter(s) Craig Lewis, Building Department Director Background The zoning classification for this property is B-2/A-C, General Business Zone with an Arterial Commercial Overlay Zone. That classification specifies only one principal building shall be permitted on any one zoning lot. The property had an existing single family dwelling on the lot and the applicant received approval from the City Council on March 28, 2006 to renovate that building and utilize that structure as a Veterinary Clinic during the construction of a permanent facility on the site. This request is for an extension of time for an additional six month or until September 28, 2007 at which time it is anticipated the permanent facility will be complete and available for occupancy. Discussion A building permit for the construction of a permanent facility was granted on November 2, 2006. The property is currently bounded on the west and south by commercial operations and on the north and east by residential properties. The temporary use of the existing building during construction of the permanent structure and to allow for the operation to commence and then remove the existing building at the completion of the construction does not appear to have any negative impact on the site or the surrounding properties. Approval of an extension of the time appears appropriate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for an extension of time for the Conditional Use. 2. Disapprove or /Deny the Request. 3. Modify the Conditional Use Permit to meet the wishes of the Counc il. 4. Table the issue. Recommendation City Administration recommends that the Council approve the extension of time for the conditional use permit to allow for the completion of the construction of a permanent fa cility. Sample Motion Motion to approve the requested extension of time for an additional six month period. Item I1 #2007- 73- Consideration of Request of Valentino's of Lincoln, Inc. dba Valentino's, 2245 North Webb Road for a Class "C" Liquor License and Liquor Manager Designation for James Scott, 3720 State Street Apt. H9 Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-73 WHEREAS, an application was filed by Valentino’s of Lincoln, Inc., doing business as Valentino’s at 2245 North Webb Road for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 17, 2007; such publication cost being $13.60; and WHEREAS, James Scott has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on March 27, 2007, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of James Scott as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2007- 74- Consideration of Request of La Quscatleca Liquor, Inc. dba La Quscatleca Liquor, 411 North Vine Street for a Class "D" Liquor License and Liquor Manager Designation for Jose C. Cruz Mejicano, 1726 Hanover Lane Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-74 WHEREAS, an application was filed by La Quscatleca Liquor, Inc., doing business as La Quscatleca Liquor, 411 North Vine Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 17, 2007; such publication cost being $15.34; and WHEREAS, Jose C. Cruz Mejicano has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on March 27, 2007, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of Jose C. Cruz Mejicano as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item I3 #2007- 75- Consideration of Request of Corrasan, Inc. dba 2nd Street Family Market, 1710 West 2nd Street for a Class "D" Liquor License and Liquor Manager Designation for Jacinto Corona Jiminez, 119 East 18th Street Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-75 WHEREAS, an application was filed by Corrasan, Inc., doing business as 2nd Street Family Market, 1710 West 2nd Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 17, 2007; such publication cost being $13.60; and WHEREAS, Jacinto Corona Jiminez has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on March 27, 2007, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of Jacinto Corona Jiminez as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item I4 #2007-76- Consideration of Request of Bradley Shearer dba Bogey's, 2848 South Locust Street for a Class "C" Liquor License Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ March 22, 2007 ¤ City Attorney R E S O L U T I O N 2007-76 WHEREAS, an application was filed by Bradley Shearer doing business as Bogey’s, 2848 South Locust 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 March 17, 2007; such publication cost being $14.03; and WHEREAS, a public hearing was held on March 27, 2007, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 27, 2006. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of March 14, 2007 through March 27, 2007 The Claims for the period of March 14, 2007 through March 27, 2007 for a total amount of $3,509,109.95. A MOTION is in order. Tuesday, March 27, 2007 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 March 14, 2007 through March 27, 2007 The Claims for the Library Expansion for the period of March 13, 2007 through March 27, 2007 for the following requisitions: #63 $589.48 Total: $589.48 A MOTION is in order. Tuesday, March 27, 2007 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council