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08-14-2007 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 14, 2007 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Dale Shotkoski - Interim City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Tom Brown Larry Carney John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson Bob Niemann Fred Whitesides Jose Zapata 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 John Hayes, Grace Baptist Church, 1115 South Vine 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 Recognition of Teresa Svoboda, Human Resources Specialist for 20 Years of Service with the City of Grand Island The Mayor and City Council will recognize Teresa Svoboda, Personnel Specialist/HR Specialist with the Human Resources Department for 20 Years of Service with the City. Ms. Svoboda was hired on August 17, 1987 as Accounting Clerk I. She was promoted to Accounting Clerk II on July 18, 1988, to Utility Clerk IV on January 31, 1989, to Administrative Secretary on March 1, 1990 which was reclassified Sr. Administrative Secretary on April 1, 1992. She then moved to Accountant on May 16, 1994 and was promoted to her current position of Personnel Specialist/HR Specialist on January 6, 1997. We Congratulate Ms. Svoboda for her dedication and service to the City of Grand Island. Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item C2 Recognition of Patricia Buettner, Parks and Recreation Secretary for 25 Years of Service with the City of Grand Island The Mayor and City Council will recognize Patricia Buettner, Parks & Recreation Secretary with the Parks and Recreation Department for 25 Years of Service with the City of Grand Island. Ms. Buettner was hired on August 9, 1982 as Clerk III in the Parks Department. She was promoted to Assistant Recreation Director on February 3, 1986, to Recreation Assistant on February 1, 1988, to Recreation Programs Coordinator on April 1, 1992, and to Administrative Secretary on August 2, 1993. She then moved to her current position of Parks & Recreation Secretary on September 24, 1997. We Congratulate Ms. Buettner for her dedication and service to the City of Grand Island. Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item E1 Public Hearing on Request from CXT/LB Foster Co. for a Conditional Use Permit for a Temporary Office Trailer Located at 710 East US Highway 30 Tuesday, August 14, 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: August 14, 2007 Subject: Request of James McCaslin of CXT/LB Foster Company for Approval of a Conditional Use Permit to Allow for the Continued Use of One Temporary Build ing at 710 East Hwy #30 Item #’s: E-1 & H-1 Presenter(s): Craig Lewis – Building Department Director Background This request is for approval of a conditional use to allow for the continued use of one temporary building at the above referenced site. In 1998 the City Council approved a two year conditional use permit to place two temporary buildings at the site to serve as office and break room facilities for the newly constructed fabrication plant. Subsequent approvals have been granted by the City Council on July 24, 2000 for two years, June 25, 2002 for two years, June 7, 2004 for two years, and August 8, 2006 for an additional one year. Five separate approvals bringing the duration of this temporary use to nine years. The recent request is for approval of an additional one year period ending in August of 2008. Discussion The City code allows for temporary buildings and uses if approved by the City Council in the form of a Conditional Use Permit. These buildings and their intent have been to provide temporary facilities for the past nine years, three times in the past CXT has stated in the application for renewal that plans are either in the works or the buildings were intended to be replaced with permanent facilities. The current application request is for a one year approval and states that a permanent building is expected within the next 12 months. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council deny the request of a conditional use permit for an additional 12 month period. The creditability of the statement of intending to build a permanent facility is questionable, at least for the last two times stated. Sample Motion Motio n to deny the request for a conditional use permit for a temporary office structure for a twelve month period. Item E2 Public Hearing on Referral of Blighted and Substandard Study for Site Known as Redevelopment Area No. 6 Including Five Points, Eddy Street, Broadwell Avenue, and 2nd Street West to the Regional Planning Commission Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: August 14, 2007 Subject: Public Hearing Referral of Blighted and Substandard Study for Site Know as Redevelopment Area No. 6 Including Five Pints, Eddy Street, Broadwell Avenue, and 2nd Street West to the Regional Planning Commission Item #’s: E-2 & I-1 Presenter(s): Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for the Grand Island Community Redevelopment Authority (CRA)by RDG Planning and Design. This study is for 412 acres of property in central and northern Grand Island including 5-Points, North Eddy Street, North Broadwell Avenue and the Second Street West area. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. The Community Redevelopment Authority (CRA) has forwarded this study for the review and consideration of the Grand Island City Council. The CRA approved a resolution recommending approval of the area as Blighted and Substandard. The resolution also requested that Council forward this study to the Regional Planning Commission for their review and then make a final determination. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. This item will come before the City Council at their meeting on August 14th for a Public Hearing. The question before Council will be whether to send the Study to the Planning Commission for their review and feedback. If the item is not sent to the Planning Commission the Council cannot declare the area substandard and blighted. Planning Commission will meet on September 5th and would have a recommendation ready for last Council meeting in September. Once an area has been declared substandard and blighted the CRA can accept redevelopment proposals for the area that might or might not include an application for Tax Increment Financing. Discussion The public hearing and action item tonight relate to the Study for proposed CRA Area #6 located in north and central Grand Island as shown below. The study was prepared for 412 acres, of all of which are in the Grand Island City Limits Wes Nespor, Assistant City Attorney has reviewed the Nebraska Statures and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutory procedures for accomplishing blight relief include the following steps: (1) the identification of a community redevelopment area consisting of portions of a city declared to be substandard or blighted in accordance with statutory definitions and in need of redevelopment, (2) the formulation of a redevelopment plan for such area or a redevelopment project within such area, and (3) the implementation of the redevelopment plan through various means including acquisition, sale, leasing, and contracting for redevelopment. Nebraska Revised State Statutes (NRSS) 18-2103, 18-2107, and 18-2109. Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment. See Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998) At this point, Council is only considering point 1 of Mr. Nespor’s opinion. According to NRSS §18-2109, it is clear that the City Council must send the Study to the Planning Commission prior to declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight State Statute requires the Council to submit the question of whether an area is substandard and blighted to the Planning Commission for its review and recommendation. The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Blighted Area of the Community The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of today, August 6, 2007, 11.63% of the City has been declared blighted and substandard. The area proposed for Five Points, Eddy, Broadwell and Second Street (Area 6) would add another 2.27%. The EDC study (Area 7) would add 2.75%. If both Areas 6 and 7 were to be declared substandard and blighted by the Council 16.66% of the community would bear that designation. A map of the current blighted areas is attached. It does not appear that the declaration of both Area 6 and Area 7 would significantly impact the City’s ability to declare other areas substandard and blighted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to forward the Study to the Planning Commission for their recommendation. 2. Move to not forward the Study to the Planning Commission for their recommendation 3. Refer the issue to a Committee 4. Postpone the issue to future date 5. Take no action on the issue Recommendation City Administration recommends that the Council Move to forward the Study to the Planning Commission. Sample Motion Motion to adopt resolution to forward the Study to the Planning Commission for their review and recommendation. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 406 N. St. Paul Road - Rodriguez and Lopez Tuesday, August 14, 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: August 14, 2007 Subject: Acquisition of Utility Easement – 406 N. St. Paul Road - Luis D. Melendez Rodriguez and Lidia E. Cajas Lopez Item #’s: E-3 & 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 Lous D. Melendez Rodriguez and Lid ia E. Cajas Lopez, located on the west side of 406 N. St. Paul Road, 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 locate primary underground electrical cables to provide electric service to a new building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Acquisition of Utility Easement - North Side of 4705 Juergen Road - Bosselman Tank & Trailer Tuesday, August 14, 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: August 14, 2007 Subject: Acquisition of Utility Easement – North side of 4705 Juergen Road – Bosselman Tank & Trailer, Inc. Item #’s: E-4 & G-5 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 Bosselman Tank & Trailer, Inc., located along the north side of 4705 Juergen Road, 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 locate primary underground cable and a pad-mounted transformer to provide electrical service to the new Bosselman Contracting Services building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item F1 #9132 - Consideration of Approving Salary Ordinance Tuesday, August 14, 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: August 14, 2007 Subject: Salary Ordinance Item #’s: F-1 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island brings forward to Council a salary ordinance every year for approval of wages for City employees. The salary ordinance is needed for the payment of wages. All employees are covered under this ordinance. Discussion The salary ordinance that is being presented for approval will address the wages for two employee groups. The first is the employees that are covered under the IBEW Utilities and IBEW Finance labor agreements. Per contract, there is to be an adjustment to the salary tables for the positions bargained for of 3%. This is the last year of a five year contract. The second group is the non-union employees. Administration is recommending a 3.5% adjustment to the salary tables for employees who are not represented by one of the labor unions. Administration recommends an adjustment every year based on either a survey or general movement whether internally, or externally with other communities that would be in the same array. There are three other groups that the City is currently involved in negotiations with. The numbers being recommended are represented in the proposed 2007-2008 budget. There are also recommendations to make changes that are “housekeeping” in nature. Recommended is the deletion of the Development/Grants Specialist position to more accurately realign it with the Community Development Administrator position. This represents no change in the number of FTE’s or salary. The next change recommended is the removal of the Emergency Management Clerk in order to replace it with the position of Emergency Management Coordinator. The new position was approved by Council as a part of the FTE schedule for the upcoming budget year. The next two changes are changes to job titles in the Wastewater division for clarification. We had two individuals with the same job title that did very different work and one will be covered by a labor agreement and the other will not. The Wastewater Senior Operator will become the Wastewater Chief Plant Operator (non-union) and the Wastewater Plant Laboratory Technician (union). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Salary Ordinance #9132. Sample Motion Motion to approve salary Ordinance # 9132. Approved as to Form ¤ ___________ August 13, 2007 ¤ City Attorney ORDINANCE NO. 9132 An ordinance to amend Ordinance No. 9121 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 ranges of non-union employees and employees covered under the IBEW Finance and IBEW Utilities bargaining agreements; to remove the classification and salary ranges for Development/Grants Specialist and Emergenc y Management Clerk; to add the classification and salary range for Emergency Management Coordinator; to remove the classification and salary range for Wastewater Plant Senior Operator and add the classification and salary ranges for Wastewater Plant Chief Operator and Wastewater Plant Laboratory Technician; to repeal those portions of Ordinance No. 9121 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1505.91/2119.64 1558.61/2193.83 Exempt Accounting Technician – Solid Waste, Streets, WWTP 1018.28/1432.90 1053.92/1483.06 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 1018.28/1432.90 40 hrs/week Administrative Assistant –Fire, Public Works, Utilities 1099.42/1547.94 1137.90/1602.11 40 hrs/week Assistant to the City Administrator 1433.28/2017.83 1483.44/2088.45 Exempt Assistant Public Works Director 2086.00/2934.85 2159.01/3037.57 Exempt Assistant Utility Director – Administration 2798.73/3938.43 2896.69/4076.27 Exempt Assistant Utility Director – PGS & PCC 3031.68/4266.42 3137.79/4415.74 Exempt Attorney 2003.06/2818.62 2073.17/2917.27 Exempt Audio-Video Technician 1038.69/1461.54 1075.04/1512.69 40 hrs/week Biosolids Technician 1185.21/1668.38 1226.69/1726.77 40 hrs/week Building Department Director 2283.50/3211.95 2363.43/3324.37 Exempt Building Inspector 1318.18/1854.63 1364.31/1919.54 40 hrs/week Building Secretary 930.41/1308.76 962.98/1354.57 40 hrs/week Cemetery Superintendent 1364.25/1920.65 1412.00/1987.87 Exempt City Administrator 3694.74/5199.60 3824.06/5381.58 Exempt City Attorney 2667.93/3754.87 2761.31/3886.29 Exempt City Clerk 1533.36/2157.82 1587.03/2233.34 Exempt Civil Engineering Manager – Public Works Engineering 2032.23/2860.65 2103.36/2960.78 Exempt Civil Engineering Manager – Utility PCC 2235.14/3146.78 2313.37/3256.91 Exempt Collection System Supervisor 1406.27/1979.02 1455.49/2048.29 40 hrs/week Communications Specialist/EMD 960.06/1354.25 993.66/1401.65 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Community Development Administrator 1159.73/1631.88 1200.32/1688.99 Exempt Community Service Officer Police Department 826.58 / 1162.73 855.50/1203.42 40 hrs/week Custodian 826.10/1165.76 855.02/1206.56 40 hrs/week Development/Grants Specialist 1159.73/1631.88 Exempt Electric Distribution Superintendent 2238.54/3149.39 2316.89/3259.62 Exempt Electric Distribution Supervisor 1891.18/2660.18 1957.37/2753.29 40 hrs/week Electric Underground Superintendent 1993.46/2804.93 2063.23/2903.10 Exempt Electrical Engineer I 1828.81/2574.69 1892.82/2664.80 Exempt Electrical Engineer II 2119.69/2983.49 2193.88/3087.91 Exempt Electrical Inspector 1318.18/1854.63 1364.31/1919.54 40 hrs/week Emergency Management Clerk Emergency Management Coordinator 861.38/1211.86 955.73/1344.42 40 hrs/week 40 hrs/week Emergency Management Deputy Director 1472.18/2071.60 1523.71/2144.11 Exempt Emergency Management Director 2095.21/2948.19 2168.54/3051.38 Exempt EMS Division Chief 1780.80/2505.67 1843.13/2593.37 Exempt Engineering Technician 1321.22/1858.91 1367.46/1923.98 40 hrs/week Engineering Technician Supervisor 1510.15/2125.74 1563.01/2200.14 Exempt Equipment Operator, Solid Waste 1126.58/1586.55 1166.02/1642.08 40 hrs/week Equipment Operator, WWTP 1115.42/1570.85 40 hrs/week Evidence Technician 826.58/1162.73 855.50/1203.42 40 hrs/week Finance Director 2658.80/3741.50 2751.86/3872.46 Exempt Finance Secretary 930.41/1308.76 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 962.98/1354.57 Fire Chief 2422.44/3407.86 2507.23/3527.14 Exempt Fire Operations Division Chief 1916.76/2696.98 1983.85/2791.37 Exempt Fire Prevention Division Chief 1780.80/2505.67 1843.13/2593.37 Exempt Fire Training Division Chief 1780.80/2505.67 1843.13/2593.37 Exempt Fleet Services Superintendent 1518.48/2138.12 1571.63/2212.95 Exempt Fleet Services Supervisor 1265.20/1780.43 1309.48/1842.74 40 hrs/week Golf Course Superintendent 1699.29/2391.18 1758.77/2474.87 Exempt Grounds Management Crew Chief – Cemetery 1274.19/1793.14 1318.79/1855.90 40 hrs/week Grounds Management Crew Chief - Parks 1312.42/1846.93 1358.35/1911.57 40 hrs/week Human Resources Director 2337.34/3287.67 2419.14/3402.74 Exempt Human Resources Specialist 1211.46/1704.40 1253.86/1764.06 40 hrs/week Information Technology Manager 2157.10/3035.07 2232.60/3141.30 Exempt Information Technology Supervisor 1809.78/2546.93 1873.12/2636.08 Exempt Legal Secretary 1063.89/1498.93 1101.13/1551.39 40 hrs/week Librarian I 1193.05 / 1678.11 1234.80/1736.85 Exempt Librarian II 1312.53 / 1846.64 1358.47/1911.27 Exempt Library Assistant I 832.39/1170.95 861.53/1211.94 40 hrs/week Library Assistant II 918.16/1291.93 950.30/1337.14 40 hrs/week Library Assistant Director 1556.71/2190.42 1611.20/2267.08 Exempt ORDINANCE NO. 9132 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Library Clerk 697.70/983.03 722.11/1017.44 40 hrs/week Library Director 2106.85/2965.64 2180.59/3069.43 Exempt Library Page 528.02/743.20 546.50/769.22 40 hrs/week Library Secretary 930.41/1308.76 962.98/1354.57 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 957.65/1347.30 991.17/1394.46 40 hrs/week Maintenance Worker I – Golf , Shooting Range 986.38/1387.72 1020.90/1436.29 40 hrs/week Maintenance Worker I – WWTP 1038.80/1461.49 40 hrs/week Maintenance Worker II – Building 1008.48/1422.21 1043.78/1471.98 40 hrs/week Maintenance Worker II – Golf 1038.74/1464.87 1075.09/1516.14 40 hrs/week Maintenance Worker II -– WWTP 1093.94/1542.74 40 hrs/week Meter Reading Supervisor 1306.49/1839.94 1352.22/1904.34 Exempt Office Manager – Police Department 1113.70/1567.54 1152.67/1622.41 40 hrs/week Parking Monitor 553.72/780.02 573.10/807.33 40 hrs/week Parks and Recreation Director 2382.92/3351.66 2466.33/3468.97 Exempt Parks and Recreation Secretary 930.41/1308.76 962.98/1354.57 40 hrs/week Parks Maintenance Superintendent 1589.78/2236.34 1645.42/2314.61 Exempt Payroll Specialist 1187.70/1670.98 1229.26/1729.46 40 hrs/week Planning Director 2362.77/3324.06 2445.47/3440.41 Exempt Planning Secretary 930.41/1308.76 962.98/1354.57 40 hrs/week Planning Technician 1416.78/1993.34 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1466.36/2063.10 Plans Examiner 1318.18/1854.63 1364.31/1919.54 40 hrs/week Plumbing Inspector 1318.18/1854.63 1364.31/1919.54 40 hrs/week Police Captain 1807.51/2543.25 1870.77/2632.27 Exempt Police Chief 2537.12/3571.25 2625.92/3696.25 Exempt Police Records Clerk 871.29/1226.77 901.78/1269.70 40 hrs/week Power Plant Maintenance Supervisor 2089.82/2939.61 2162.96/3042.49 Exempt Power Plant Operations Supervisor 2175.14/3060.41 2251.27/3167.53 Exempt Power Plant Superintendent – Burdick 2382.59/3352.74 2465.98/3470.08 Exempt Power Plant Superintendent – PGS 2746.76/3863.40 2842.89/3998.62 Exempt Public Information Officer 1369.46/1926.70 1417.39/1994.13 Exempt Public Works Director 2669.02/3755.90 2762.44/3887.35 Exempt Purchasing Technician 998.25/1404.18 1033.18/1453.33 40 hrs/week Receptionist Recreation Superintendent 895.68/1260.31 927.03/1304.42 1507.29/2120.18 1560.04/2194.39 40 hrs/week Exempt Regulatory and Environmental Specialist 2060.93/2898.97 2133.06/3000.43 Exempt Senior Accountant 1700.63/2392.34 1760.15/2476.08 Exempt Senior Communications Specialist/EMD 1116.24/1570.09 1155.31/1625.04 40 hrs/week Senior Electrical Engineer 2320.75/3265.33 2401.98/3379.62 Exempt Senior Equipment Operator, Solid Waste 1182.93/1664.51 1224.33/1722.77 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Equipment Operator, WWTP 1159.74/1631.87 40 hrs/week Senior Maintenance Worker 1206.77/1698.62 40 hrs/week Senior Utility Secretary 933.15/1316.05 965.82/1362.11 40 hrs/week Shooting Range Superintendent 1507.29/2120.18 1560.04/2194.39 Exempt Solid Waste Division Clerk 836.78/1177.23 866.06/1218.43 40 hrs/week Solid Waste Superintendent 1711.93/2409.00 1771.84/2493.32 Exempt Stormwater Technician 1321.22/1858.91 1367.46/1923.98 40 hrs/week Street Superintendent 1637.98/2307.06 1695.31/2387.81 Exempt Street Supervisor 1300.21/1828.62 1345.71/1892.62 40 hrs/week Turf Management Specialist 1317.93/1854.27 1364.06/1919.17 40 hrs/week Utility Director 3628.53/5104.31 3755.52/5282.96 Exempt Utility Production Engineer 2449.49/3447.23 2535.22/3567.88 Exempt Utility Secretary 930.41/1308.76 962.98/1354.57 40 hrs/week Utility Services Manager 1917.91/2698.95 1985.04/2793.41 Exempt Utility Warehouse Supervisor 1491.57/2097.88 1543.78/2171.30 40 hrs/week Victim Assistance Unit Coordinator 871.29/1226.77 901.78/1269.70 40 hrs/week Wastewater Clerk 820.37/1154.15 40 hrs/week Wastewater Engineering/Operations Superintendent Wastewater Plant Chief Operator 1843.96/2595.64 1908.50/2686.49 1226.69/1726.77 Exempt 40 hrs/week Wastewater Plant Maintenance Supervisor 1411.80/1986.92 1461.22/2056.46 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 ORDINANCE NO. 9132 (Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Wastewater Plant Process Supervisor 1464.03/2061.29 1515.27/2133.43 40 hrs/week Wastewater Plant Laboratory Technician 1185.21/1668.38 40 hrs/week Wastewater Senior Operator Water Superintendent 1804.48/2538.25 1867.64/2627.09 1185.21/1668.38 Exempt 40 hrs/week Water Supervisor 1538.58/2166.80 1592.43/2242.64 40 hrs/week Worker / Seasonal 468.00412.00/1600.00 Exempt Worker / Temporary 468.00/1600.00412.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 984.46/1384.40 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 ORDINANCE NO. 9132 (Cont.) - 9 - 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 1006.32/1418.39 40 hrs/week Computer Programmer 1513.68/2128.69 1559.09/2192.55 40 hrs/week Computer Technician 1180.80/1661.14 1216.22/1710.97 40 hrs/week Custodian 872.70/1228.05 898.88/1264.89 40 hrs/week Electric Distribution Crew Chief 1737.62/2444.21 1789.75/2517.54 40 hrs/week Electric Underground Crew Chief 1737.62/2444.21 1789.75/2517.54 40 hrs/week Engineering Technician I 1240.47/1745.26 1277.69/1797.62 40 hrs/week Engineering Technician II 1511.46/2127.79 1556.81/2191.62 40 hrs/week GIS Technician 1628.85/2291.16 1677.71/2359.90 40 hrs/week Instrument Technician 1798.26/2529.78 1852.21/2605.68 40 hrs/week Lineworker Apprentice 1229.67/1730.06 1266.56/1781.96 40 hrs/week Lineworker First Class 1574.93/2215.29 1622.18/2281.74 40 hrs/week Materials Handler 1465.89/2061.87 1509.86/2123.73 40 hrs/week Meter Reader 992.30/1396.84 1022.06/1438.74 40 hrs/week Meter Technician 1235.44/1738.16 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 10 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1272.50/1790.30 Power Dispatcher I 1728.75/2431.52 1780.62/2504.46 40 hrs/week Power Dispatcher II 1815.74/2554.09 1870.22/2630.71 40 hrs/week Power Plant Maintenance Mechanic 1540.86/2167.37 1587.08/2232.39 40 hrs/week Power Plant Operator 1662.33/2338.11 1712.20/2408.26 40 hrs/week Senior Accounting Clerk 1026.27/1445.68 1057.06/1489.05 40 hrs/week Senior Engineering Technician 1628.85/2291.16 1677.71/2359.90 40 hrs/week Senior Materials Handler 1618.58/2276.58 1667.14/2344.88 40 hrs/week Senior Meter Reader 1068.55/1501.93 1100.61/1546.98 40 hrs/week Senior Power Dispatcher 2003.52/2817.99 2063.62/2902.53 40 hrs/week Senior Power Plant Operator 1834.38/2580.48 1889.41/2657.90 40 hrs/week Senior Substation Technician 1798.26/2529.78 1852.21/2605.68 40 hrs/week Senior Water Maintenance Worker 1330.48/1872.17 1370.39/1928.34 40 hrs/week Substation Technician 1670.29/2349.30 1720.40/2419.78 40 hrs/week Systems Technician 1798.26/2529.78 1852.21/2605.68 40 hrs/week Tree Trim Crew Chief 1574.93/2215.29 1622.18/2281.74 40 hrs/week Utilities Electrician 1670.29/2349.30 1720.40/2419.78 40 hrs/week Utility Technician 1745.98/2455.96 1798.35/2529.64 40 hrs/week Utility Warehouse Clerk 1114.27/1568.30 1147.70/1615.35 40 hrs/week Water Maintenance Worker 1175.57/1654.54 1210.83/1704.18 40 hrs/week ORDINANCE NO. 9132 (Cont.) - 11 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Wireworker I 1357.38/1909.78 1398.10/1967.07 40 hrs/week Wireworker II 1574.93/2215.29 1622.18/2281.74 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 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 1607.04/2198.88 212 hrs/28 days Firefighter / EMT 1183.68/1661.04 212 hrs/28 days Firefighter / Paramedic 1354.32/1861.92 The above pay ranges and amendments made to all IAFF positions shall be retroactive to October 1, 2006, pursuant to the Commission of Industrial Relations Order filed May 15, 2007, in Case No. 1130. ORDINANCE NO. 9132 (Cont.) - 12 - 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 $484.00 per year, divided into twenty-four (24) pay periods. 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. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the AFSCME labor union, the FOP labor union, the IBEW labor union, 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, 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 ORDINANCE NO. 9132 (Cont.) - 13 - 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 medicalsick 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 medicalsick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 960 atat the rate of one-half day’s pay based on the employee’s current pay rate at the time of such compensation., for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee's unused medicalsick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 968 at 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. (B) All employees except non-union and those covered in the IAFFfire department bargaining agreement shall be paid for one-half of their accumulated medicalsick leave at the time of their retirement, the rate of compensation to be ORDINANCE NO. 9132 (Cont.) - 14 - based on the employee’s salary at the time of retirement. Employees covered in the IAFFfire 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 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 medicalsick 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. (DE) 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 ORDINANCE NO. 9132 (Cont.) - 15 - 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. SECTION 711. 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 812. The salary adjustments identified herein shall be effective with the pay period beginning on October 1, 2007. SECTION 913. Those portions of Ordinance No. 9121 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 1014. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: August 14, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ Paul Briseno, Deputy City Clerk Item G1 Approving Minutes of August 7, 2007 City Council Special Meeting Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL REGULAR MEETING August 7, 2007 Pursuant to due call and notice thereof, a Special 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 August 7, 2007. Notice of the meeting was given in The Grand Island Independent on August 1, 2007. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Whitesides, Niemann, and Meyer. The following City Officials were present: City Clerk RaNae Edwards, City Attorney/Interim City Administrator Dale Shotkoski, Finance Director David Springer, and Public Works Director Steve Riehle. INVOCATION was given by Father Richard Piontkowski, St. Mary’s Catholic Church, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady announced that Jackie Pielstick was receiving the La Von Crosby Policy Award posthumously from Project Extra Mile this week. PRESENTATIONS AND PROCLAMATIONS: Proclamation August 12-18, 2007 “The Week in Which the City Will Posthumously Honor Jackie Pielstick”. The Mayor has proclaimed the week of August 12-18, 2007 as “The Week in Which the City Will Posthumously Honor Jackie Pielstick”. Lex Ann Roach formerly with Project Extra Mile was present to receive the proclamation. Also present in the audience was Jackie Pielstick’s family. PUBLIC HEARINGS: Public Hearing on Proposed FY 2006-2007 City Single Budget. David Springer, Finance Director reported that Council needed to conduct a public hearing to take information from the citizens of Grand Island on the proposed FY 2007-2008 City Single Budget. A Special Budget meeting would be held on August 14, 2007 and August 15th and 16th if needed, followed by adoption of the budget and lid limit increase on August 28, 2007. Mark Galvan, 584 East 20th Street requested that money be put back in the budget for lights at the Senior High Softball Complex. No further public testimony was heard. ORDINANCES: Councilmember Whitesides moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9130 – Consideration of Repealing Ordinance No. 9090 Creating Sewer Connection District #522T #9131 – Consideration of Vacation of Easement at 3003 Frontage Road Page 2, City Council Regular Meeting, August 7, 2007 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase second the motion. Upon roll call vote, all voted aye. Motion adopted. Wes Nespor, Assistant City Attorney reported that Ordinance #9130 would repeal Ordinance #9090 which created Sewer Connection District #522T to serve the military helicopter facility at the Hall County Airport. The tap district was not feasible because of the inability to “tap” into this type of main. Later in the meeting Council would be asked to approve Resolution #2007-181 allowing for the construction of sanitary main, lift station, forced main, and appurtenances along with Resolution #2007-182 for an Interlocal Agreement with the Hall County Airport Authority. Steve Riehle, Public Works Director reported that Ordinance #9131 would vacate a public utility easement at 3003 Frontage Road that was not needed and would interfere with the proposed development. Motion by Whitesides, second by Haase to approve Ordinances #9130 and #9131. City Clerk: Ordinances #9130 and #9131 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9130 and #9131 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9130 and #9131 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-10 was removed for further discussion. Motion by Gilbert, second by Brown to approve the Consent Agenda excluding item G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 24, 2007 City Council Regular Meeting. Approving Request of Fonner Park Exposition and Events Center, Inc. for Ratification of Election of Board of Directors. #2007-177 – Approving Bid Award for SCBA Equipment with Heiman Fire Equipment of Ashton, Iowa in an Amount of $76,948.57; Municipal Emergency Services, Inc. of Fremont, Nebraska in an Amount of $441,077.00; and TSI Incorporated of St. Paul, Minnesota in an Amount of $30,450.00 for a Total Amount of $548,475.57. It was noted that grant funds would used with 80% being paid by federal funds and 20% by local funds. #2007-178 – Approving Annual Agreements for Support, License, Operating System and Database Administration with MUNIS, Inc. in an Amount of $118,589.94. Page 3, City Council Regular Meeting, August 7, 2007 #2007-179 – Approving Expansion of Police Department Telephone System with Business Telecommunication Systems, Inc. of Grand Island, Nebraska in an Amount not to exceed $32,095.00. #2007-180 – Approving Change Order No. 13 with Chief Construction of Grand Island, Nebraska for Law Enforcement Center for an Increase of $37,980.90 and a Revised Contingency Amount of $88,327.60. #2007-181 – Approving Construction of Sanitary Main, Lift Station, Forced Main, and Appurtenances Located East of Sky Park Road to the Army Aviation Support Facility and to Improve Sewer Line for New Construction on Sky Park Road. #2007-182 – Approving Interlocal Agreement with Hall County Airport Authority for Infrastructure Construction for Army Aviation Support Facility. #2007-183 – Approving Setting August 28, 2007 as Board of Equalization Date for Annual Mowing Assessments. #2007-185 – Approving Bid Award for Street Improvement Project 2007-P-5, Intersection of 10th Street and Adams Street/Broadwell Avenue with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $73,102.72. #2007-186 – Approving Storm Water Management Plan Program Grant Application through the Nebraska Department of Environmental Quality. #2007-184 – Approving Contract with Internal Medical Associates of Grand Island, Nebraska for Fire Department Physical Exams not to exceed $17,711.00. Wes Nespor, Assistant City Attorney reported that last year a request for bids for physical fitness testing for the Grand Island Fire Department was issued with one proposal submitted by the Internal Medical Associates. A proposal was submitted this year as a sole source vendor from Internal Medical Associates. Scott Kuehl, 1419 Independence Avenue and John Mayer, 4059 Horseshoe Place, Grand Island Firefighters commented about concerns of eliminating several of the tests from this proposal. They requested that the current testing stay the same. Motion was made by Whitesides, second by Gilbert to approve Resolution #2007-184. Discussion was held concerning the elimination of some testing due to the IAFF Union negotiations. City Attorney Dale Shotkoski explained the Commission on Industrial Relations (CIR) ruling. The last best offer by the City included heart and lung testing only. Comments were made concerning the Wellness Program passed at the last regular meeting which would cover some of these test. It was stated that each employees health insurance would cover the rest. Motion was made by Meyer, second by Gericke to amend the motion to approve the plan prior to the CIR ruling. This motion was considered out of order and not voted on. Page 4, City Council Regular Meeting, August 7, 2007 Upon roll call vote of the original motion, Councilmember’s Brown, Haase, Zapata, Nickerson, Carney, Gilbert, Whitesides, and Niemann voted aye. Councilmember’s Gericke and Meyer voted no. Motion adopted. RESOLUTIONS: #2007-187 – Approving Full Time Equivalents (FTE’s) for Fiscal Year 2007-2008. David Springer, Finance Director reported that at the June 19, 2007 City Council Study Session, staff presented requests for FTE’s. Costs concerns were expressed by council and administration responded by scaling back the request by five FTE’s. The revised request was for 7.27 FTE’s and $260,844.00 city-wide. Discussion was held on the Wireworker II position. Tim Luchsinger, Assistant Utilities Director at PGS explained the duties of this position and its importance to the department. Steve Paustian, Parks and Recreation Director commented on the possible increase of hours of operation and increased revenue at the Heartland Public Shooting Park with the additional FTE. Staff expected no further increase in FTE’s for the next 5 years unless the park was very successful requiring additional employees. Steve Fosselman, Library Director commented on the benefits of one full time employee versus two part-time employees. Motion by Nickerson, second by Whitesides to approve Resolution #2007-187. Upon roll call vote, Councilmember’s Brown, Haase, Zapata, Nickerson, Carney, Gilbert, Whitesides, Niemann, and Meyer voted aye. Councilmember Gericke voted no. Motion adopted. #2007-188 – Approving Settlement Agreement Relative to the Howard Maxon Litigation. Dale Shotkoski, City Attorney reported that a mediation settlement conference was held on July 23, 2007 with both parties expressing their desire to end all disputes concerning the termination of Mr. Maxon. A settlement amount of $325,000 was agreed upon with the first payment of $95,000 due October 1, 2007 and eight remaining semi-annual payments of $28,750 on January 1st and July 1st of each year until paid in full. Motion by Meyer, second by Whitesides to approve Resolution #2007-188. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of July 25, 2007 through August 7, 2007, for a total amount of $1,295,339.53. Motion adopted unanimously. Motion by Brown, second by Haase to approve the Claim submitted by Howard Maxon in an amount of $325,000 with the first payment of $95,000 due October 1, 2007 and eight remaining semi-annual payments of $28,750 on January 1st and July 1st of each year until paid in full. Motion adopted unanimously. Page 5, City Council Regular Meeting, August 7, 2007 OTHER ITEMS: Motion by Meyer, second by Whitesides to adjourn to executive session at 8:25 p.m. for the purpose of discussing Rod Thomas Litigation and AFSCME Union Negotiations. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Meyer, second by Whitesides to return to regular session at 9:40 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. RaNae Edwards City Clerk Item G2 Approving Preliminary Plat for Westgate Industrial Park Subdivision Tuesday, August 14, 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: August 14, 2007 Subject: Westgate Industrial Park Subdivision – Preliminary Plat Item #’s: G-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This preliminary plat proposes to create 25 lots on an unplatted tract of land located in the Northwest Quarter (NW1/4) of Section 24, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Nebraska. This tract of land consists of approximately 63.06 acres. Discussion The preliminary plat for Westgate Industrial Park Subdivision was considered under the Consent Agenda by the Regional Planning Commission at the August 1, 2007 meeting. A motion was made by Ruge and seconded by Miller to approve the plat as presented. A roll call vote was taken and the motion carried with 11 members present voting in favor ((Miller, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen, Bredthauer, Heineman, Snodgrass). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the preliminary plat as presented Sample Motion Motion to approve as recommended. Westgate Industrial Park Second Subdivision Preliminary Plat Summary Developer/Owner Little B’s Corporation Greg Baxter 4444 W. 13th Street Grand Island, NE 68803 25 Lots south of Old Potash Highway 34 and east of North Road. Size: 63.06Acres Zoning M2-Heavy Manufacturing, M-1 Light Manufacturing and B2-General Business Road Access: Public City Streets, New streets to be added Water Public: City Water is Available and will be extended to serve all lots Sewer Public: City Sewer is Available and will be extended to serve all lots. Item G3 #2007-189 - Approving Final Plat and Subdivision Agreement for Westgate Industrial Park Second Subdivision Tuesday, August 14, 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: August 14, 2007 Subject: Westgate Industrial Park 2nd Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 9 lots on a tract of land consisting of part of the Northwest Quarter (NW1/4) of Section 24, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Nebraska. This tract of land consists of approximately 22.84 acres. This property is zoned M2 Heavy Manufacturing and City Sewer and Water are available and can be extended. The new Silver Road will be built to 41' concrete curb and gutter standards a required by City specifications in commercial areas. Discussion The final plat for Westgate Industrial Park Second Subdivision was considered under the Consent Agenda by the Regional Planning Commission at the August 1, 2007 meeting. A motion was made by Ruge and seconded by Miller to approve the plat as presented. A roll call vote was taken and the motion carried with 11 members present voting in favor (Miller, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen, Bredthauer, Heineman, Snodgrass). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented Sample Motion Motion to approve as recommended. Westgate Industrial Park 2nd Subdivision Final Plat Summary Developer/Owner Little B’s Corporation Greg Baxter 4444 W. 13th Street Grand Island, NE 68803 9 Lots south of Old Potash Highway 34 and east of North Road. Size: 22.84 Acres Zoning M2-Heavy Manufacturing Road Access: Public City Streets, New streets to be added Water Public: City Water is Available and will be extended to serve all lots Sewer Public: City Sewer is Available and will be extended to serve all lots. Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-189 WHEREAS, Little B’s Corporation, as owners has caused to be laid out into lots, a tract of land comprising a part of the Northwest Quarter (NW ¼) of Section 24, Township 11 North, Range 10, West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, under the name of WESTGATE INDUSTRIAL PARK SECOND SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of WESTGATE INDUSTRIAL PARK SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G4 #2007-190 - Approving Acquisition of Utility Easement - 406 N. St. Paul Road - Rodriguez and Lopez Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-190 WHEREAS, a public utility easement is required by the City of Grand Island, from Luis D. Melendez Rodriguez and Lidia E. Cajas Lopez as joints tenants and not as tenants in common, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on August 14, 2007, for the purpose of discussing the proposed acquisition of an easement located in a part of Lot Two (2), Patrick Second Subdivision, located in the City of Grand Island, Hall County, Nebraska, the said Ten (10.0) foot wide easement being more particularly described as follows: The westerly ten (10.0) feet of the southerly one hundred forty and fifty five hundredths (140.55) feet of Lot Two (2), Patrick Second Subdivision in the City of Grand Island, Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.032 acres, more or less, as shown on the plat dated July 24, 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 Luis D. Melendez Rodriguez and Lidia E. Cajas Lopez as joints tenants and not as tenants in common, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G5 #2007-191 - Approving Acquisition of Utility Easement - North Side of 4705 Juergen Road - Bosselman Tank & Trailer Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-191 WHEREAS, a public utility easement is required by the City of Grand Island, from Bosselman Tank & Trailer, Inc., a Nebraska Corporation, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on August 14, 2007, for the purpose of discussing the proposed acquisition of an easement located in a part of Lot Two (2), Platte Valley Industrial Park Fifth Subdivision, located in the City of Grand Island, Hall County, Nebraska, the said Twenty (20.0) foot wide easement being more particularly described as follows: Beginning at the Northwest corner of Lot Two (2), Platte Valley Industrial Park Fifth Subdivision, in the City of Grand Island, Hall County, Nebraska; thence easterly, along the northerly line of said Lot Two (2) on an assumed bearing of S88°35’43”E, a distance of two hundred thirty one and six hundredths (231.06) feet; thence S00°27’12”E, a distance of one hundred twenty two and ninety eight hundredths (122.98) feet; thence S89°32’48”W, a distance of twenty (20.0) feet; thence N00°27’12”W, a distance of one hundred three and sixty one hundredths (103.61) feet; thence N88°35’43”W and parallel with the northerly line of said Lot Two (2), a distance of two hundred eleven and thirty hundredths (211.30) feet to a point on the westerly line of said Lot Two (2); thence N00°37’56”E, along the westerly line of said Lot Two (2) a distance of twenty (20.0) feet to the Northwest corner of said Lot Two (2), being the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.15 acres, more or less, as shown on the plat dated July 25, 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 Bosselman Tank and Trailer, Inc., a Nebraska Corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ Paul Briseno, Deputy City Clerk Item G6 #2007-192 - Approving Request for Proposal for Turbine Generator Overhaul - Technical Representation & Steam Path Audit - Platte Generating Station Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader; Wesley Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: August 14, 2007 Subject: Turbine Generator Overhaul: Technical Representation and Steam Path Audit Item #’s: G-6 Presenter(s): Gary R. Mader, Utilities Director Background Platte Generating Station has been in service since 1982, and a major inspection of the turbine generator is performed every five years. The next overhaul is scheduled for the fall of this year and will be performed by a contractor specializing in this type of work. The plant staff will monitor the work of the overhaul contractor, but typically procures the services of a separate contractor to provide technical consultation and oversight of the overhaul. In addition, this year the consultant will also analyze the condition of the turbine and provide recommendations for equipment life extension and efficiency improvements through the process of a steam path audit. This audit involves detailed dimensional and component surface analysis referenced to the original equipment specifications. Plant staff developed specifications for solicitation of these consulting services and issued them in accordance with City procurement procedures. This contract provides a qualified individual to serve as the owner’s technical representative for the duration of the turbine generator inspection and repair and provide reporting for the steam path auditing. Discussion The specifications for the Turbine Generator Overhaul: Technical Representation and Steam Path Audit were issued for bid and responses were received from the following bidders. The engineer’s estimate for this project was $105,000.00. Bidder Bid Price GE Energy, Omaha, NE $ 159,420.00 Power Generation Service, Anoka, MN $ 104,850.00 Department Staff reviewed the bids for compliance with the City’s detailed specifications. The bid of Power Generation Service is compliant with those specifications. 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 Council award the bid to Power Generation Service from Anoka, Minnesota, as the low responsive bidder, with the bid price of $104,850.00. Sample Motion Motion to approve the bid of $104,850.00 from Power Generation Service for the Turbine Generator Overhaul: Technical Representation and Steam Path Audit as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR TURBINE GENERATOR OVERHAUL – TECHNICAL REPRESENTATION AND STEAM PATH AUDIT RFP DUE DATE: July 12, 2007 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: June 28, 2007 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED GE Energy Power Generation Service Omaha, NE Anoka, MN Mechanical Dynamics and Analysis, LTD Latham, NY (Proposal was rejected because there was no original and the proposal was not in a sealed envelope as required.) cc: Gary Mader, Utilities Director David Springer, Finance Director Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Rodger Zawodniak, Utilities PGS Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1178 Approved as to Form ¤ _______________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-192 WHEREAS, the City of Grand Island invited proposals for Turbine Generator Overhaul, Technical representation and Steam Path Audit, according to Request for Proposals on file with the Utilities Department; and WHEREAS, on July 12, 2007, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Power Generation Service of Anoka, Minnesota, submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code, such proposal not to exceed the amount of $104,850.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Power Generation Service of Anoka, Minnesota, in an amount not to exceed $104,850.00 for Turbine Generator Overhaul, Technical Representation and Steam Path Audit is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on August 14, 2007. _____________________________________ Margaret Hornady, Mayor Attest: ________________________________ Paul Briseno, Deputy City Clerk Item G7 #2007-193 - Approving Bid Award for Sanitary Sewer District Numbers 523 & 525 in Westwood Park Subdivision Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 14, 2007 Subject: Approving Bid Award for Sanitary Sewer District Numbers 523 & 525 in Westwood Park Subdivision Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background On July 16, 2007 the Waste Water Division of the Public Works Department advertised for bids for the construction of Sanitary Sewer District Number 523; Lots 1-8 & Lots 22- 31 of Westwood Park 2nd Subdivision and Sanitary Sewer District Number 525; Lots 8 & 9 of Westwood Park Subdivision. The two (2) districts will be built under one construction contract. The completion date listed in the bid specifications was 120 days after the notice to proceed. We originally anticipated this being completed in December 2007. Discussion There were five (5) potential bidders One (1) bid was received and opened on August 2, 2007. The Waste Water Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bid. The bid of $292,970.62 from The Diamond Engineering Company is under the Engineer’s estimate of $319,578.00. The bid contained an exception of a June 2008 completion date. If awarded, the work on these two (2) Sanitary Sewer Districts will begin late Winter 2007/early Spring 2008. There are sufficient funds in Account No. 53030055-85213. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to The Diamond Engineering Company of Grand Island, NE in the amount of $292,970.62. Sample Motion Motion to approve the award of the contract to The Diamond Engineering Company of Grand Island, NE in the amount of $292,970.62. 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: August 2, 2007 at 11:00 a.m. FOR: Sanitary Sewer Districts #523 & #525 DEPARTMENT: Public Works ESTIMATE: $319,578.00 FUND/ACCOUNT: 53030050-85213 PUBLICATION DATE: July 16, 2007 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: Noted Bid Price: $292,970.62 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ben Thayer, WWTP Supt. Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1180 Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-193 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 523; Lots 1-8 and Lots 22-31 of Westwood Park Second Subdivision and Sanitary Sewer District No. 525, Lots 8 and 9 of Westwood Park Subdivision, according to plans and specifications on file with the City Engineer; and WHEREAS, on August 2, 2007, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $292,970.62; and WHEREAS, The Diamond Engineering 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 The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $292,970.62 for Sanitary Sewer District No. 523 and Sanitary Sewer District No. 525 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, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G8 #2007-194 - Approving Subordination Request for 107 East 7th Street (Dennis & Diane Gebers) Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party and hereby partially subordinates its real estate lien recorded on March 12, 1986, on the following described real estate: All of Lots Two (2) and Three (3), except the Southerly 33 feet of the Westerly 25 feet of Lot Three (3), Block Six (6), Original Town, now City of Grand Island, Hall County, Nebraska according to the recorded plat thereof. It is the intent of this Agreement that the trust deed for amounts loaned by Charter West National Bank (New Lender) to Dennis A. Gebers and Diane L. Gebers (Borrowers) that has been or is about to be filed, shall be superior to the real estate lien of the City of Grand Island, its successors and assigns recorded March 12, 1986, up to the amount of $44,800.00 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the real estate lien recorded March 12, 1986 at Document Number 86-101197 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 86-101197. It is understood that Charter West National Bank (New Lender) intends to lend funds to Borrowers but that the subordinated amount is not to exceed $44,800.00 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to make payments to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Dated: __________________ City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA ) Margaret Hornady, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 20___, by Margaret Hornady, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-194 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated March 10, 1986 and recorded on March 12, 1986, as Instrument No. 86-101197, in the amount of $13,500.00, secured by property located at 107 East 7th Street and owned by Dennis A. Gebers and Diane L. Gebers, husband and wife, said property being described as follows: All of Lots Two (2) and Three (3), except the Southerly 33 feet of the westerly 25 feet of Lot Three (3), Block Six (6), Original Town, now City of Grand Island, Nebraska, according to the record plat thereof. WHEREAS, Dennis A. and Diane L. Gebers wish to execute a Deed of Trust and Note in the amount of $44,800.00 with Charter West National Bank to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Dennis A. Gebers and Diane L. Gebers, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Charter West National Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Council Agenda Memo From: Marsha Kaslon, Community Development Council Meeting: August 14, 2007 Subject: Subordination Request for 107 East 7th Street (Dennis A. Gebers and Diane L. Gebers) Item #’s: G-8 Presenter(s): Marsha Kaslon, Community Development Background The City of Grand Island has a Real Estate Lien filed on property owned by Dennis A. Gebers and Diane L. Gebers, in the amount of $13,500.00. On March 10, 1986, Community Development Block Grant funds in the amount of $13,500.00 were loaned to Dennis A. Gebers and Diane L. Gebers, to assist in the rehabilitation of a home in the Community Development Block Grant program. The legal description is: All of Lots Two (2) and Three (3), except the Southerly 33 feet of the westerly 25 feet of Lot Three (3), Block Six (6), Original Town Addition, an addition to the City of Grand Island, Nebraska according to the record plat thereof, The owner is requesting permission to assume a first lien, behind which the City would become the second lien. Discussion The City’s current Real Estate Lien is junior in priority to a Deed of Trust to Home Federal Savings and Loan Association of Grand Island, in the amount of $13,500.00. A new lien in the amount of $44,800.00 with Charter West National Bank would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Charter West National Bank, has asked the City to subordinate its Real Estate Lien to the new Deed of Trust. The new appraised value of the property is $72,500.00 and is sufficient to secure the first mortgage of $44,800.00 and the City’s original lien of $13,500.00. The City’s loan of $13,500.00 runs with the ownership of the property. The lien amount does not decrease and is only forgiven once the City of Grand Island has been paid back in full. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. RECOMMENDATION City Administration recommends that the Council approves the Subordination Request. Sample Motion Recommend approval to the Grand Island City Council of the Subordination Agreement with Charter West National Bank, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 14th day of August, 2007, by Dennis A. Gebers and Diane L. Gebers, married persons, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Home Federal Savings and Loan Association of Grand Island, present owner and holder of the Deed of Trust and Note first and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Dennis A. Gebers and Diane L. Gebers, married persons, DID EXECUTE a Deed of Trust dated March 10, 1986 to the City of Grand Island, covering: All of Lots Two (2) and Three (3), except the Southerly 33 feet of the westerly 25 feet of Lot Three (3), Block Six (6), Original Town Addition, an addition to the City Of Grand Island, Nebraska according to the record plat thereof, To secure a Note in the sum of $13,500.00 dated March 10, 1986 in favor of the City of Grand Island, which Deed of Trust was recorded March 12, 1986 as Document No. 86- 101197 in the Official Register of Deeds Office of Hall County (remaining amount owed as of August 14, 2007 is $13,500.00); and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $44,800.00 dated August 16, 2007 in favor of Charter West National Bank, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2007. ___________________________________ Notary Public Item G9 #2007-195 - Approving Subordination Request for 310 East 6th Street (Deborrah Jeanne Scroggin Krugman) Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Marsha Kaslon, Community Development Council Meeting: August 14, 2007 Subject: Subordination Request for 310 East Sixth Street (Deborrah Jeanne Scroggin, (n/k/a Deborrah Jeanne Krugman) Item #’s: G-9 Presenter(s): Marsha Kaslon, Community Development Background The City of Grand Island has a Deed of Trust filed on property owned by Deborrah Jeanne Scroggin at 310 East Sixth Street, in the amount of $20,000.00. On June 29, 1994, Community Development Block Grant funds in the amount of $20,000.00 were loaned to Deborrah Jeanne Scroggin, a single person, to assist in the purchase of a home in the Community Development Block Grant program. The legal description is: Lot 6, Block 4, Original Town, Grand Island, Hall County, Nebraska The owner is requesting permission to assume a first mortgage, behind which the City would become the second mortgage. Discussion The City’s current Deed of Trust is junior in priority to a Deed of Trust to Equitable Building and Loan Association, in the amount of $20,000.00. A new lien in the amount of $28,000.00 with Advance Financial Services would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Advance Financial Services, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The new appraised value of the property is $67,000 and is sufficient to secure the first mortgage of $28,000.00 and the City’s original mortgage of $20,000.00. The City’s loan of $20,000.00 will be forgiven if the original owner of the property (Deborrah Jeanne Scroggin (n/k/a Deborrah Jeanne Krugman) resides in the house for a period of 15 years from the date the lien was filed which was June 30, 1994. The lien amount does not decrease and is only forgiven after the fifteen year affordability period is up. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. RECOMMENDATION City Administration recommends that the Council approves the Subordination Request. Sample Motion Recommend approval to the Grand Island City Council of the Subordination Agreement with Advanced Financial Services, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 14th day of August, 2007, by Deborrah Jeanne Scroggin (n/k/a Deborrah Jeanne Krugman), a single person, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Equitable Building and Loan Association, present owner and holder of the Deed of Trust and Note first and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Deborrah Jeanne Scroggin, a single person, DID EXECUTE a Deed of Trust dated June 29th, 1994 to the City of Grand Island, covering: Lot 6, Block 4, Original Town, Grand Island, Hall County, Nebraska To secure a Note in the sum of $20,000.00 dated June 29, 1994 in favor of the City of Grand Island, which Deed of Trust was recorded June 30, 1994 as Document No. 94- 105664 in the Official Register of Deeds Office of Hall County (remaining amount owed as of August 14, 2007 is $20,000.00); and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $28,000.00 dated August 16, 2007 in favor of Advance Financial Services, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2007. ___________________________________ Notary Public SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party and hereby partially subordinates its trust deed lien recorded on June 30, 1994, on the following described real estate: All of Lots Six (6), Block Four (4), Original Town, now City of Grand Island, Hall County, Nebraska according to the recorded plat thereof. It is the intent of this Agreement that the trust deed for amounts loaned by AFS Financial, Inc. (New Lender) to Deborrah Jeanne Krugman FKA Deborrah Jeanne Scroggin (Borrower) that has been or is about to be filed, shall be superior to the trust deed lien of the City of Grand Island, its successors and assigns recorded June 30, 1994, up to the amount of $28,000.00 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed recorded June 30, 1994 at Document Number 94-105664 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 94-105664. It is understood that AFS Financial, Inc. (New Lender) intends to lend funds to Borrowers but that the subordinated amount is not to exceed $28,000.00 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to make payments to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Dated: __________________ City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA ) Margaret Hornady, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 20___, by Margaret Hornady, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-195 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated June 29, 1994 and recorded on June 30, 1994, as Instrument No. 94-105664, in the amount of $20,000.00, secured by property located at 310 East 6th Street and owned by Deborrah Jeanne Scroggin n/k/a Deborrah Jeanne Krugman, said property being described as follows: Lot Six (6), Block Four (4), Original Town, Grand Island, Hall County, Nebraska. WHEREAS, Deborrah Jeanne Scroggin n/k/a Deborrah Jeanne Krugman wishes to execute a Deed of Trust and Note in the amount of $28,000.00 with Advance Financial Services to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Deborrah Jeanne Scroggin n/k/a Deborrah Jeanne Krugman, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Advance Financial Services, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G10 #2007-196 - Approving Renewal of Microsoft License with ASAP Software Express Tuesday, August 14, 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: August 14, 2007 Subject: Approving Upgrade and Compliance of Microsoft Licensing Item #’s: G-10 Presenter(s): Dave Springer, Finance Director Background On July 23, 2002, Council adopted Ordinance No. 2002-228 for the purchase of Microsoft licenses and renewals for City departments. Those licenses included a 2 year upgrade feature that expired on June 30, 2004. As of July1, 2004, the State of Nebraska entered into a new state-wide Microsoft Select Agreement with a three year contract term through June 30, 2007. The end of this term necessitates that a contract renewal be done. We are currently in a grace period to complete a new contract. Discussion The new agreement for the City of Grand Island from ASAP Software Express, Inc., a Nebraska State Contract reseller with special pricing available to government agencies, would extend all existing licenses purchased under the 2002 agreement plus those devices and users added in the past three years, until June 30, 2010 and can be paid in three installments of $77,024.84 each for a total of $231,074.52. The number of users varies by application, but just for the Windows Operating System, there are 387 and for Office Pro, there are 367 devices that require licensing. There would be an annual true up for added or deleted desktops/users each period. This purchase is budgeted for in the IT Department and the cost is included in the annual computer charge out to user departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the three year renewal of Microsoft licenses. 2. Disapprove or deny the agreement. 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the new three year Microsoft licensing agreement for $231,074.52, payable in three installments. . Sample Motion Approve the three year Microsoft Licensing Agreement with ASAP Software Express, Inc., in the amount of $231,074.52. Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-196 WHEREAS, the Information Technology Division of the Finance Department continually works on maintaining the city's computer network, computer hardware, software, etc.; and WHEREAS, due to the number of computer users, the variety of computer software programs utilized, and the constant need for computer upgrades, it is imperative to consistently maintain the entire city network system; and WHEREAS, on June 30, 2004, by Resolution 2004-277, the City Council of the City of Grand Island authorized the Information Technology Division of the Finance Department to update expired computer software licenses and renewals on the City computers, which included a three-year maintenance feature providing the option to receive additional upgrades during that period; and WHEREAS, the upgrade feature expired on June 30, 2007; and WHEREAS, as of July 1, 2007, the State of Nebraska entered into a new state-wide Microsoft Select Agreement with a three year contract term; and WHEREAS, the City of Grand Island can utilize the Microsoft Select Agreement to extend all existing software licenses purchased in 2002 until June 30, 2010; and WHEREAS, the cost for such license extension is $231,074.52, which can be paid in three installments of $77,024.84; and WHEREAS, this is the most cost effective approach to updating and upgrading the city computer system. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Information Technology Division of the Finance Department is hereby authorized to utilize the Microsoft Select Agreement to extend all existing software licenses purchased in 2002 until June 30, 2010 at a cost of $231,074.52, which can be paid in three annual installments. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ___________________________________ - 2 - Paul Briseno, Deputy City Clerk Item H1 Consideration of Request from CXT/LB Foster Co. for a Conditional Use Permit for a Temporary Office Trailer Located at 710 East US Highway 30 This item relates to the aforementioned Public Hearing Item E-1. Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from James Truell on Behalf of Jerel Ross Regarding City Code Section 36-06 Relative to Parking Lot Surfaces Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: August 14, 2007 Subject: Request from James Truell on behalf of Jerel Ross Regarding City Code Section 36-96 Relative to Parking Lot Surfaces. Item #’s: H-2 Presenter(s): Craig Lewis Background This is a request to allow for the use of asphalt millings and a top coating of oil to comply with the requirements of the City Code as an approved permanent type dust free parking lot surface, equivalent to asphaltic cement concrete, Portland cement concrete, or paving brick. This request stems from a requirement for Mr. Ross to provide parking for his establishment recently renovated and required with the building permit for that renovation. Additionally Mr. Ross had requested of the Zoning Board of Adjustment at their July 10, 2007 meeting, a variance to allow the substitution of this alternative parking lot surfacing. That request was denied by the board, finding the request did not meet the criteria established in the City code nor was a hardship identified. Discussion The City has the obligation to continue to look at new and recently developed construction methods and materials for adoptions and approvals. The adoption of current International Building Codes and the constant updating of the City code assure that new materials and methods of construction are approved. Additionally the developers of these new products have the responsibility to provide testing and documentation that the new proposed methods and materials perform as promoted. Typically when a new product is developed the manufacture enlists a third party testing agency to evaluate the product to assure that it meets expectations. A UL or Underwriters Laboratories Inc. label is a typical example of a product being tested for quality and safety. This request contains no documentation as to the performance or suitability of this product. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Refer to the Regional Planning Commission for review. 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 deny the request as no documentation has been presented that the request chance would be in the best interest of the Community. Sample Motion Motio n to deny the request to allow crushed asphalt with an oil top coat as an equivalent to concrete paving. Item I1 #2007-197 - Consideration of Referring Blighted and Substandard Study for Site Known as Redevelopment Area No. 6 Including Five Points, Eddy Street, Broadwell Avenue, and 2nd Street West to the Regional Planning Commission Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 10, 2007 ¤ City Attorney R E S O L U T I O N 2007-197 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, the Community Redevelopment Authority caused to be prepared a Blight/Substandard Study for 412 acres located primarily in central and northern Grand Island, including, Five Points, North Eddy Street, North Broadwell Avenue and the Second Street West area, referred to as Area No. 6; and WHEREAS, on July 12, 2007, the Grand Island Community Redevelopment Authority accepted a Blight/Substandard Study for Redevelopment Area No. 6 as prepared by RDG Planning and Design; and WHEREAS, the Community Redevelopment Authority forwarded this study to the Grand Island City Council for review and consideration; and WHEREAS, a public hearing was held on August 14, 2007; and WHEREAS, City Council is required to send areas under consideration as substandard and blighted to the Regional Planning Commission for their review and recommendation before an area can be declared blighted and substandard. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the matter shall be forwarded to the Regional Planning Commission for their review and recommendation as to whether Area No. 6 should be declared blighted and substandard. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - Paul Briseno, Deputy City Clerk Item J1 Approving Payment of Claims for the Period of August 8, 2007 through August 14, 2007 The Claims for the period of August 8, 2007 through August 14, 2007 for a total amount of $2,553,440.77. A MOTION is in order. Tuesday, August 14, 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 July 11, 2007 through August 14, 2007 The Claims for the Library Expansion for the period of 07/11/07 through 08/14/07 for the following requisitions: #76 $1,967.70 #77 $193,375.42 #78 $303.24 #79 $6,339 A MOTION is in order. Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Item X1 Review of Proposed FY 2007/2008 City Single Budget Tuesday, August 14, 2007 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council City Council, August 7, 2007 The City of Grand Island management team is honored to present the 2007-08 budget. This year’s budget has been prepared with the goal of continuing the financial strength of the city while keeping up with the demands of the citizens. Over the last decade a conscious plan to transform the community has taken place. Many significant projects have been evolving over a period of time and are in various stages of maturity. The city has participated in important community upgr ades such as the Heartland Events Center, LB 840 Economic Development program, South Grand Island Flood Control Project and the South Locust Redevelopment and Interstate Connection project. Last budget year the City was in the middle of major constructio n projects funded by the voter approved ½ % sales tax including construction of a new Fire Station # 1, the Law Enforcement Center, expansion of the Library, and beginning the Capital Avenue upgrade project. The first three of these are nearing completion and Capital Avenue will proceed rapidly once needed properties are acquired. This year the city will be faced with important quality of life decisions concerning the wastewater treatment plant operation. All of these projects are major additions to the community designed to increase the quality of life and provide benefits to citizens. They have required a considerable investment of resources from the city of Grand Island. Some of the projects were paid from existing city funds, some from new revenue such as the ½ % sales tax, or grant funds. Even though the transformation that has come about in the community has created an expanded and positive future for the city, the unprecedented level of investment in major projects should not continue at this time. It appears that it is prudent to throttle back and concentrate on making current investments successful and allow economic projects to provide a return on their investment. The city will be facing unprecedented increases in many of the costs of doing business that will require all departments to tighten their belts and find ways to absorb or reduce these costs. It is also time to save revenue for upcoming projects that will be needed in the future. Therefore, the 2007-08 budget has been constructed in a very prudent manner with emphasis on increasing efficiency and effectiveness to the greatest level possible. The focus throughout the budget is to strengthen internal operations, complete those projects in process, and engage in long range planning. Focusing on current projects and prioritizing spending in this year’s budget has allowed the city to hold the line on the tax rate while still responding to community needs. Moving forward, it will be critical to allocate resources in the most efficient and effective way to assure continued financial health. Following are summary sections geared to provide an understanding of the priorities of the budget along with highlights of the fiscal plan. Fiscal Summary The total 2007-08 budget is projected to be $150,326,410. This is $16,354,555 or 12.2% more than was proposed $133,471,855 in the 2006-07 budget. Following is a summary of the budget for each of the fund groups contained in the 2007-08: General Fund $ 34,312,270 Permanent Funds $ 0 Special Revenue Funds $ 5,004,463 Debt Service Fund $ 1,607,263 Capital Projects Fund $ 6,467,847 Special Assessments Fund $ 0 Enterprise Funds $ 91,561,892 Internal Service Fund $ 9,824,846 Agency Fund $ 753,750 Trust Fund $ 794,079 Property Taxes The proposed property tax requirement for the 2007-08 budget year is $5,479,000 or 5.1 % more than the 2006-07 requirement of $5,212,064. The City of Grand Island projected va luation for 2007 is $2,299,019,381; therefore, the property tax levy for the 2007-08 budget year is $.238319 per $100 of valuation. The property tax levy is proposed to be the same as it was in 2006-07. User Fees A great deal of scrutiny has taken place on User Fees to assure proper revenue for the departments that collect fees for their services. In reviewing the various fee based departments some deficiencies were identified and are addressed in the 2007-08 budget. There are adjustments to fees planned to offset increased cost of operation, regulation, and demand regarding the building, administration, ambulance, humane society, shooting park, cemetery, aquatics, planning, wastewater, water and electric activities. Compensation, Benefits, and Staffing Compensation In order to keep salaries competitive, comparable and in accordance with agreed upon contracts the following salary adjustments are included in the 2007-08 budget: Non-union employees 3.5% IBEW-Utilities 3.0% IBEW-Wastewater in negotiations FOP in negotiations AFSCME 4.25% IAFF in negotiations Benefits The administration of the city’s health insurance was moved to Mutual of Omaha a year ago which held our costs in check, but we are now seeing the costs of providing health care again rising. Therefore, the insurance committee has recommended changes in premiums and deductibles that will result in increased employee costs for health care coverage in 2007-08 and only minor impact on the City’s costs. A wellness program is also being implemented for the new year. Staffing As charged by the Mayor, city administration reviewed the workforce to see if there were opportunities for productivity improvement. Each position was evaluated to see if it was essential and priorities were reviewed to see if the workforce was appropriate to deliver city services. After reviewing all positions of the City there will be a 7.27 increase in FTE’s for the 2007-08 budget. Following are the key position changes included in the 2007-08 budget by department: Finance Department Reduction of .580 FTE accounting clerk is proposed in the Finance Department due to efficiencies associated with the implementation of the Cities computer system. Police Department Increase of .35 FTE for a School Crossing Guard and 1.0 FTE for a Custodian. Emergency Management Increase of one position, Communications Specialist, and a reclass of Emergency Management Clerk to Coordinator. Library Increase of 1.0 FTE for full time Library Assistant. Parks & Recreation Department Increase of 2.0 Seasonal Workers at the Heartland Public Shooting Park. These positions will support the operations of the shooting facility which is projected to provide a revenue stream from fees to help offset the cost of the employees Sanitary Landfill Increase of 1.0 FTE for an Equipment Operator due to increases in service volumes. Golf Course Reduction of one full time Maintenance Worker and an increase of .500 FTE for a Part- Time Seasonal, with a savings of over $40,000. Electric Utility Increase of 1.0 FTE for an Electrical Engineer and 1.0 FTE for a Wireworker II. Electric utility operations continue to grow and there have been no personnel additions in three years. Cash Balance It is extremely important to maintain cash balances in the city budget to assure cash flow strength, promote prudent spending and to have adequate reserves in case of an emergency. Grand Island’s conservative approach to budgeting and spending has allowed for proper levels of cash balance over the last decade. The 2007-08 budget again includes $38,813,309 in cash balance in all funds and $4,712,625 in the general fund. The budgeted cash balance in 2006-07 was $36,152,609 for all funds and $4,968,649 for the general fund. Strong economic conditions and conservative spending should allow the city to maintain an appropriate level of contingency. ½ % Sales Tax On May 11th, 2004 the voters passed a ½ % city sales tax that was to be used for property tax relief and to build capital improvements. This year it is projected that we will collect $4,575,000 from this sales tax. About 63% or $2,894,000 will be placed in the general fund to offset property taxes. The remaining $1,681,000 will be used to pay a portion of the costs for the following projects: · Grand Generation Center $ 100,000 · Debt Service Library $ 834,465 · Debt Service Law Enforcement Center $ 859,600 · Shooting Park Development $ 150,000 · Railroad Safety Directional Horns $ 150,000 Total $ 2,094,065 Notable Projects/Expenditures Following is a list of notable projects/expenditures tha t have been included in the 2007- 08 budget: General Fund · $750,000 is included to fund economic development activities as determined by the city’s LB 840 plan. · Lease payments for the Heartland Events Center are included in the amount of $575,313. · The city’s contribution to the Prairie/Silver/Moore’s Creek flood control project is included for $250,000. · $834,465 is included to fund the lease payments for the Library expansion project. · One replacement inspection vehicle for the Buildings Department is included for $20,000. · Concrete drive work at Stations #2, #3, & #4 are included for $40,000. · Roof replacements at Stations #3 & #4 are included for $45,000. · A pumper truck or elevated water stream vehicle is included, but only if grant monies are obtained to cover approximately 90% of the cost, $650,000. · Defibrillator replacements are included for $25,000. · Two unmarked ($37,000), four mobile data video systems ($50,000) and six marked ($140,460) police vehicles along with one police motorcycle ($18,500) are included to replace aging units. · $119,190 is included in the Police Department budget to continue to contract with Hall County for use of the computerized law enforcement management system. · Emergency Management includes a replacement 4-wheel drive vehicle ($25,000) and the start of a replacement program for outdoor warning sirens ($36,000). · The Street Department budget includes a replacement skid steer loader ($25,300), a 4x4 pickup with utility box ($29,400); a 10 cubic yard dump truck ($77,750); and two ½ ton pickups ($45,400). · The Library will continue the automation system enhancement program for $35,000 and includes a pickup truck for ($19,000). . · The Parks Department will purchase playground equipment ($28,000) and two pickup trucks ($34,000) · The Cemetery will renovate a public restroom to ADA compliance, $13,500. Capital Improvement Fund · $100,000 is included in this year’s budget for Grand Generation Center improvements. · The City’s contribution to the Northwest Drainage Project for 2008 is ($375,000). · There is $735,000 for development of the Wasmer Detention Cell. · The Street Department is budgeting for the Capital Avenue project ($3,974,203) of which $2,925,000 is reimbursable. · $269,644 is included to realign the entrance to Walnut Middle School and $25,000 is included for annual sidewalk projects. · $150,000 is targeted in Safety Enhancements for Railroad Crossing Horns. · There is $150,000 for development of the Heartland Public Shooting Park, $75,000 for park land acquisition, and $50,000 for miscellaneous park projects. Enterprise Funds · The Solid Waste Department is including a semi-tractor ($90,000); a loader ($230,000), a transfer trailer ($65,000), and GPS system ($80,000). · There are projects to keep up with growth in the Electric Department including $1,100,000 in materials to expand the overhead distribution system; $1,400,000 in materials to expand the underground distribution system; $1,800,000 to pay for substation modifications and expansion, $4,500,000 for leasing gas pipeline capacity, and $1,110,000 for transmission line improvements. · The Platte Generation Station is planned for upgrades to the Boiler, Precipitator, and Chimney with total associated costs of $10,080,000, of which $8 million of this is for the procurement and installation of mercury control equipment to comply with the Federal Clean Air Mercury Rule. · The Water Department includes $200,000 for water main replacement and $300,000 for new water main districts. · The Water Department is also planning for trunk line expansions at Copper Creek, $500,000 and $500,000 for an additional storage tank at the Rogers Pumping Station. · The Sewer Department plans to proceed with compost facilities improvements for $4,240,000 over two years, replace and repair vehicles for $199,000, and install sewer districts at the airport for $350,000; Driftwood $290,000 and other districts for $250,000. The Capital Avenue widening will necessitate the relocation of Lift station #19; $860,000 and the 2008 sewer rehabilitation program is $300,000. Acknowledgments A great deal of time and hard work has gone into the construction of the 2007-08 budget. Special thanks go to Jaye Monter, senior accountant and Yolanda Rayburn, senior accounting clerk who were very dedicated in their efforts, as was Paul Briseno, assistant to the city administrator who served as an outstanding budget analyst. The city directors should also be complimented for their hard work, conservative and pragmatic approach to creating their budgets. Although the challenges were great to bring in an effective and efficient budget the directors focused their efforts and were committed to the fiscal goals of the City. Finally, we would like to thank the City Council for it’s policy direction and support. We look forward to working together for another successful year on behalf of the citizens of Grand Island. Respectfully Submitted, City of Grand Island Margaret Hornady, Mayor David Springer, Finance Director Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 26, 2007 Subject: Waste Water Division's Proposed FY 2008 Budget Item #’s: Presenter(s): Steven P. Riehle, Public Works Director Background 1. Solids Handling Alternatives Three presentations were made to the city council in 2006 with four options discussed for improving the solids handling process. •Land filling of sewage sludge •On-site Aerated Static Pile (ASP) Composting •Conventiona l Anaerobic Digestion •Acid Gas Anaerobic Digestion The acid gas anaerobic digestion was the recommended alternative because it had the lowest overall cost. The proposed acid gas anaerobic digestion facility was sized to accommodate both the city and Swift’s loading with a capital cost of almost $11 million. The city is working with Swift to reduce their peaks and loading on the WWTP. City staff communicate almost daily and meet weekly with Swift personnel. Swift has three significant projects that have been pending since 2006. If the projects are successful in reducing Swifts loading on the WWTP, the needed size of the city’s acid gas anaerobic digestion facility and revenue to the Waste Water Division would decline. Because of the unknowns with Swift’s loading on the city’s WWTP, the council chose to implement the onsite ASP composting. ASP composting had a lower initial capital cost and minimized the city’s risk regarding future revenue declines. 2. Collection System Rehabilitation The collection system contains reinforced concrete pipe interceptor sanitary sewer mains upstream of the WWTP that are experiencing significant deterioration from Hydrogen Sulfide gas. 3. Guard Facility Sanitary Sewer The city is proceeding with the projects to extend city water and sanitary sewer service to the Nebraska Army National Guard (NE ANG) Aviation Support Facility. Discussion 1. Solids Handling Alternatives The costs for the 4 sludge handling alternatives have changed since the original comparisons were made in 2006. · The sewage sludge that is hauled to the city’s landfill is now used as an Alternative Daily Cover (ADC) to cover solid waste at the end of the workday. That resulted in the disposal fee for the sewage sludge dropping 30%. · The corn stalks that are used as an amendment in the ASP composting operation have increased in cost by $20 per ton of finished compost. The price increase is being driven by the demand for corn stalks to mix with ethanol plant byproducts and used as cattle feed. The result of these cost changes ha ve increased the cost to compost, lowered the cost to landfill sewage sludge and opened the door for a different alternative. An acid gas anaerobic digestion system can be sized to meet the current loading (w/o Swift) plus growth for 20 years at an estimated construction cost of $7.5 million. A normal level of loading from Swift can be accommodated with the acid gas anaerobic digestion system. Any peaks in loading from Swift can be accommodated by disposing of extra sewage sludge in a landfill. The odors from the acid gas anaerobic digestion facility at the WWTP will be lower than what the community has experienced the last 17 months from the straw piles and ASP pilot composting unit. Building an acid gas anaerobic digestion facility while using the landfill to shave Swifts loading peaks keeps initial capital costs down, minimizes future operational costs and reduces the risk to the city. 2. Collection System Rehabilitation The proposed FY 2008 budget includes $300,000 to start a program of rehabilitation of the concrete interceptor mains. 3. Guard Facility Sanitary Sewer The proposed FY 2008 budget includes $350,000 for Sanitary Sewer District 522T. The construction estimate for the project based on the final plans and specifications is $650,000. The original lift station design was substandard and was upgraded to be consistent with the design for lift stations throughout the city. The construction estimate for the project also increased because of FAA and storm water bid specification requirements. 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 make the following changes to the proposed FY 2008 budget for the Waste Water Division of the Public Works Department. 1. Solids Handling Alternatives · The Enterprise Funds – Five Year Capital budget shows Compost Facilities Improvements at $2,250,000 for FY 2008 and $1,990,000 for FY 2009. Administration recommends elimination of the ASP project, originally budgeted in the amount of $4,240,000. · Add $750,000 to the FY 2008 Budget for the engineering of an acid gas anaerobic digestion project. Add $750,000 to the FY 2009 Budget for the construction. · The Digester Project will significantly reduce sewage sludge hauled to landfills. · The Digester Project has a higher capital cost than the ASP Project, but has a significantly lower operation and maintenance cost. 2. Collection System Rehabilitation · Administration recommends increasing the proposed FY 2008 for sanitary sewer rehabilitation from $300,000 to $1,000,000 so we can stay ahead of the deterioration. 3. Guard Facility Sanitary Sewer · Increase the proposed FY 2008 budget for the construction of a force main and sanitary sewer to the NE ANG Aviation Support Facility from $350,000 to $636,410. Sample Motion Motion to approve changes to the Waste Water Division Budget.