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09-25-2007 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 25, 2007 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson 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 - Reverend Hart Edmonds, First Presbyterian Church, 2103 West Anna 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 E1 Public Hearing on Request of Camargo Family Market, Inc. dba Camargo Family Market, 304 West 15th Street for a Class "D" Liquor License Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: September 25, 2007 Subject: Public Hearing on Request of Camargo Family Market, Inc. dba Camargo Family Market, 304 West 15th Street for a Class “D” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Carmargo Family Market, Inc. dba Camargo Family Market, 304 West 15th Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. Also included with the application was a request from Shelia Camargo, 304 West 15th Street for a Liquor Manager Application. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. The Police Department background check revealed a DUI conviction for Pablo Camargo, owner of Camargo Family Market, Inc. which was not included in the application. Failure to disclose this conviction makes the application false under the Nebraska Liquor Control Act Part II Chapter 2 “Falsification of Application” 010.01. The Police Department recommends that the Camargo Family Market resubmit their application with the correct information or an explanation as to why the required information was omitted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny the application. Sample Motion Motion to deny the application of Camargo Family Market, Inc. dba Camargo Family Market, 304 West 15th Street for a Class “D” Liquor License based on the findings from the Police Department investigation for falsification of application. Item E2 Public Hearing Concerning Acquisition of Utility Easement - Northeast Corner of US Hwy. 34 & US Hwy. 281 - College Park of Grand Island Tuesday, September 25, 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: September 25, 2007 Subject: Acquisition of Utility Easement – Northeast Corner of Hwy. 34 & Hwy. 281 – College Park at Grand Island Item #’s: E-2 & G-6 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 College Park at Grand Island, located in the northeast corner at U.S. Highway 34 and U.S. Highway 281, 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 Lamar Outdoor Advertising is going to locate a three sided digital sign at the northeast corner of Hwy. 281 and Hwy. 34. They have requested power for the sign. The proposed easement will be used to locate a single phase pad-mounted transformer to provide the necessary electricity for the new sign. 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 #9140 - Consideration of Salary Ordinance Tuesday, September 25, 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: September 25, 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. An ordinance was brought forward recently to approve wages for employees covered by the IBEW bargaining unit and non-union City employees. Discussion The salary ordinance being brought forward for consideration has proposed wage changes for employees covered by the AFSCME bargaining unit. City staff has participated in negotiations with representatives from the AFSCME bargaining unit. The wages proposed here are the result of the negotiated contract. The financial impact of the proposed wage change is a 4.25% increase in overall wages for the members of this bargaining group. There are also changes recommended to the maximum limit of medical leave due to comparability and a change to the percentage paid out at retirement. There is also a couple of housekeeping changes recommended. The car allowance for the City Administrator is being put back in the ordinance at a rate of $500 per month to be divided into two equal monthly payments. This reflects the offer made by the Mayor to Mr. Pederson in the offer of employment. There is also a change to the Police Captain range. 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 #9140. Sample Motion Motion to approve Salary Ordinance #9140. Approved as to Form ¤ ___________ September 21, 2007September 18, 2007 ¤ City Attorney ORDINANCE NO. 9140 An ordinance to amend Ordinance No. 9132 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 AFSCME bargaining agreement; to amend the salary range of Police CaptainsIBEW Finance and IBEW Utilities bargaining agreements; to remove the classification and salary ranges for Development/Grants Specialist and Emergency 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 range s for Wastewater Plant Chief Operator and Wastewater Plant Laboratory Technician; to repeal those portions of Ordinance No. 9132 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 1558.61/2193.83 Exempt Accounting Technician – Solid Waste, Streets Accounting Technician – WWTP 1053.92/1483.06 1018.28/1432.90 40 hrs/week 40 hrs/week ORDINANCE NO. 9140 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Administrative Assistant – 1137.90/1602.11 40 hrs/week Assistant to the City Administrator 1483.44/2088.45 Exempt Assistant Public Works Director 2159.01/3037.57 Exempt Assistant Utility Director – Administration 2896.69/4076.27 Exempt Assistant Utility Director – PGS & PCC 3137.79/4415.74 Exempt Attorney 2073.17/2917.27 Exempt Audio-Video Technician 1075.04/1512.69 40 hrs/week Biosolids Technician 1226.69/1726.77 40 hrs/week Building Department Director 2363.43/3324.37 Exempt Building Inspector 1364.31/1919.54 40 hrs/week Building Secretary 962.98/1354.57 40 hrs/week Cemetery Superintendent 1412.00/1987.87 Exempt City Administrator 3824.06/5381.58 Exempt City Attorney 2761.31/3886.29 Exempt City Clerk 1587.03/2233.34 Exempt Civil Engineering Manager – Public Works Engineering 2103.36/2960.78 Exempt Civil Engineering Manager – Utility PCC 2313.37/3256.91 Exempt Collection System Supervisor 1455.49/2048.29 40 hrs/week Communications Specialist/EMD 993.66/1401.65 40 hrs/week Community Development Administrator 1200.32/1688.99 Exempt Community Service Officer 855.50/1203.42 40 hrs/week Custodian 855.02/1206.56 40 hrs/week Electric Distribution Superintendent 2316.89/3259.62 Exempt Electric Distribution Supervisor 1957.37/2753.29 40 hrs/week Electric Underground Superintendent 2063.23/2903.10 Exempt Electrical Engineer I 1892.82/2664.80 Exempt Electrical Engineer II 2193.88/3087.91 Exempt Electrical Inspector 1364.31/1919.54 40 hrs/week Emergency Management Coordinator 955.73/1344.42 40 hrs/week Emergency Management Deputy Director 1523.71/2144.11 Exempt Emergency Management Director 2168.54/3051.38 Exempt EMS Division Chief 1843.13/2593.37 Exempt ORDINANCE NO. 9140 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Engineering Technician 1367.46/1923.98 40 hrs/week Engineering Technician Supervisor 1563.01/2200.14 Exempt Equipment Operator, Solid Waste 1166.02/1642.08 40 hrs/week Equipment Operator, WWTP 1115.42/1570.85 40 hrs/week Evidence Technician 855.50/1203.42 40 hrs/week Finance Director 2751.86/3872.46 Exempt Finance Secretary 962.98/1354.57 40 hrs/week Fire Chief 2507.23/3527.14 Exempt Fire Operations Division Chief 1983.85/2791.37 Exempt Fire Prevention Division Chief 1843.13/2593.37 Exempt Fire Training Division Chief 1843.13/2593.37 Exempt Fleet Services Superintendent 1571.63/2212.95 Exempt Fleet Services Supervisor 1309.48/1842.74 40 hrs/week Golf Course Superintendent 1758.77/2474.87 Exempt Grounds Management Crew Chief – Cemetery 1318.79/1855.90 40 hrs/week Grounds Management Crew Chief - Parks 1358.35/1911.57 40 hrs/week Human Resources Director 2419.14/3402.74 Exempt Human Resources Specialist 1253.86/1764.06 40 hrs/week Information Technology Manager 2232.60/3141.30 Exempt Information Technology Supervisor 1873.12/2636.08 Exempt Legal Secretary 1101.13/1551.39 40 hrs/week Librarian I 1234.80/1736.85 Exempt Librarian II 1358.47/1911.27 Exempt Library Assistant I 861.53/1211.94 40 hrs/week Library Assistant II 950.30/1337.14 40 hrs/week Library Assistant Director 1611.20/2267.08 Exempt Library Clerk 722.11/1017.44 40 hrs/week Library Director 2180.59/3069.43 Exempt Library Page 546.50/769.22 40 hrs/week Library Secretary 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 991.17/1394.46 40 hrs/week ORDINANCE NO. 9140 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Maintenance Worker I – Golf, Shooting Range 1020.90/1436.29 40 hrs/week Maintenance Worker I – WWTP 1038.80/1461.49 40 hrs/week Maintenance Worker II – Building 1043.78/1471.98 40 hrs/week Maintenance Worker II – Golf 1075.09/1516.14 40 hrs/week Maintenance Worker II – WWTP 1093.94/1542.74 40 hrs/week Meter Reading Supervisor 1352.22/1904.34 Exempt Office Manager – Police Department 1152.67/1622.41 40 hrs/week Parking Monitor 573.10/807.33 40 hrs/week Parks and Recreation Director 2466.33/3468.97 Exempt Parks and Recreation Secretary 962.98/1354.57 40 hrs/week Parks Superintendent 1645.42/2314.61 Exempt Payroll Specialist 1229.26/1729.46 40 hrs/week Planning Director 2445.47/3440.41 Exempt Planning Secretary 962.98/1354.57 40 hrs/week Planning Technician 1466.36/2063.10 40 hrs/week Plans Examiner 1364.31/1919.54 40 hrs/week Plumbing Inspector 1364.31/1919.54 40 hrs/week Police Captain 1870.77/2632.27 1908.19/2684.91 Exempt Police Chief 2625.92/3696.25 Exempt Police Records Clerk 901.78/1269.70 40 hrs/week Power Plant Maintenance Supervisor 2162.96/3042.49 Exempt Power Plant Operations Supervisor 2251.27/3167.53 Exempt Power Plant Superintendent – Burdick 2465.98/3470.08 Exempt Power Plant Superintendent – PGS 2842.89/3998.62 Exempt Public Information Officer 1417.39/1994.13 Exempt Public Works Director 2762.44/3887.35 Exempt Purchasing Technician 1033.18/1453.33 40 hrs/week Receptionist Recreation Superintendent 927.03/1304.42 1560.04/2194.39 40 hrs/week Exempt Regulatory and Environmental Specialist 2133.06/3000.43 Exempt Senior Accountant 1760.15/2476.08 Exempt Senior Communications Specialist/EMD 1155.31/1625.04 40 hrs/week ORDINANCE NO. 9140 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Electrical Engineer 2401.98/3379.62 Exempt Senior Equipment Operator, Solid Waste 1224.33/1722.77 40 hrs/week Senior Equipment Operator, WWTP 1159.74/1631.87 40 hrs/week Senior Maintenance Worker 1206.77/1698.62 40 hrs/week Senior Utility Secretary 965.82/1362.11 40 hrs/week Shooting Range Superintendent 1560.04/2194.39 Exempt Solid Waste Division Clerk 866.06/1218.43 40 hrs/week Solid Waste Superintendent 1771.84/2493.32 Exempt Stormwater Technician 1367.46/1923.98 40 hrs/week Street Superintendent 1695.31/2387.81 Exempt Street Supervisor 1345.71/1892.62 40 hrs/week Turf Management Specialist 1364.06/1919.17 40 hrs/week Utility Director 3755.52/5282.96 Exempt Utility Production Engineer 2535.22/3567.88 Exempt Utility Secretary 962.98/1354.57 40 hrs/week Utility Services Manager 1985.04/2793.41 Exempt Utility Warehouse Supervisor 1543.78/2171.30 40 hrs/week Victim Assistance Unit Coordinator 901.78/1269.70 40 hrs/week Wastewater Clerk 820.37/1154.15 40 hrs/week Wastewater Engineering/Operations Superintendent Wastewater Plant Chief Operator 1908.50/2686.49 1226.69/1726.77 Exempt 40 hrs/week Wastewater Plant Maintenance Supervisor 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 Wastewater Plant Process Supervisor 1515.27/2133.43 40 hrs/week Wastewater Plant Laboratory Technician 1185.21/1668.38 40 hrs/week Water Superintendent 1867.64/2627.09 Exempt Water Supervisor 1592.43/2242.64 40 hrs/week Worker / Seasonal 468.00/1600.00 Exempt Worker / Temporary 468.00/1600.00 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 ORDINANCE NO. 9140 (Cont.) - 6 - (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 1026.30/1443.24 40 hrs/week Fleet Services Attendant/Clerk 894.96/1262.27 932.99/1315.92 40 hrs/week Fleet Services Inventory Specialist 981.67/1381.61 1023.39/1440.33 40 hrs/week Fleet Services Mechanic 1123.02/1579.46 1170.74/1646.58 40 hrs/week Horticulturist 1039.48/1464.57 1083.66/1526.82 40 hrs/week Maintenance Worker – Cemetery 977.01/1375.08 1018.53/1433.52 40 hrs/week Maintenance Worker – Parks 970.48/1366.69 1011.73/1424.78 40 hrs/week Maintenance Worker – Streets 949.97/1336.86 990.34/1393.67 40 hrs/week Senior Equipment Operator – Streets 1078.62/1518.66 1124.46/1583.20 40 hrs/week Senior Maintenance Worker – Parks 1078.62/1518.66 1124.46/1583.20 40 hrs/week Senior Maintenance Worker – Streets 1078.62/1518.66 1124.46/1583.20 40 hrs/week Traffic Signal Technician 1078.62/1518.66 1124.46/1583.20 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9140 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 1006.32/1418.39 40 hrs/week Computer Programmer 1559.09/2192.55 40 hrs/week Computer Technician 1216.22/1710.97 40 hrs/week Custodian 898.88/1264.89 40 hrs/week Electric Distribution Crew Chief 1789.75/2517.54 40 hrs/week Electric Underground Crew Chief 1789.75/2517.54 40 hrs/week Engineering Technician I 1277.69/1797.62 40 hrs/week Engineering Technician II 1556.81/2191.62 40 hrs/week GIS Technician 1677.71/2359.90 40 hrs/week Instrument Technician 1852.21/2605.68 40 hrs/week Lineworker Apprentice 1266.56/1781.96 40 hrs/week Lineworker First Class 1622.18/2281.74 40 hrs/week Materials Handler 1509.86/2123.73 40 hrs/week Meter Reader 1022.06/1438.74 40 hrs/week Meter Technician 1272.50/1790.30 40 hrs/week Power Dispatcher I 1780.62/2504.46 40 hrs/week Power Dispatcher II 1870.22/2630.71 40 hrs/week Power Plant Maintenance Mechanic 1587.08/2232.39 40 hrs/week Power Plant Operator 1712.20/2408.26 40 hrs/week Senior Accounting Clerk 1057.06/1489.05 40 hrs/week Senior Engineering Technician 1677.71/2359.90 40 hrs/week Senior Materials Handler 1667.14/2344.88 40 hrs/week Senior Meter Reader 1100.61/1546.98 40 hrs/week Senior Power Dispatcher 2063.62/2902.53 40 hrs/week Senior Power Plant Operator 1889.41/2657.90 40 hrs/week Senior Substation Technician 1852.21/2605.68 40 hrs/week Senior Water Maintenance Worker 1370.39/1928.34 40 hrs/week Substation Technician 1720.40/2419.78 40 hrs/week Systems Technician 1852.21/2605.68 40 hrs/week Tree Trim Crew Chief 1622.18/2281.74 40 hrs/week Utilities Electrician 1720.40/2419.78 40 hrs/week Utility Technician 1798.35/2529.64 40 hrs/week Utility Warehouse Clerk 1147.70/1615.35 40 hrs/week ORDINANCE NO. 9140 (Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Water Maintenance Worker 1210.83/1704.18 40 hrs/week Wireworker I 1398.10/1967.07 40 hrs/week Wireworker II 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 1354.32/1861.92 212 hrs/28 days 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. 9140 (Cont.) - 9 - 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, 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 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 personnel in the ORDINANCE NO. 9140 (Cont.) - 10 - 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 medical leave as follows: (A) For all employees except those cove red 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 medical 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 at the employee’s current pay rate at the time of such compensation. For those employees covered in the AFSCME bargaining agreement, the City will include in the second paycheck in January, 2008 of each year, payment for an employee's unused medical 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. (B) All employees except non-union and those covered in the IAFF bargaining agreement shall be paid for one-half of their accumulated medical leave at the time of their retirement, the rate of compensation to be based on the employee’s salary at the time of retirement. Employees covered in the IAFF bargaining agreement shall have a contribution to a VEBA made on their behalf in lieu of ORDINANCE NO. 9140 (Cont.) - 11 - 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. All employees covered by the AFSCME bargaining agreement shall be paid forty-five percent (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement. (C) The City Administrator and 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 medical leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave. SECTION 8. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00) retroactive to date of employment. SECTION 97. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. ORDINANCE NO. 9140 (Cont.) - 12 - SECTION 108. The salary adjustments identified herein shall be effective with the pay period beginning on October 15, 2007, except employees of the AFSCME bargaining agreement whose salary adjustments will be calculated retroactive to October 1, 2007.. SECTION 119. Those portions of Ordinance No. 9132 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 1210. 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: September 25, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9141 - Consideration of Creation of Sidewalk District No. 1, 2007 Tuesday, September 25, 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: September 25, 2007 Subject: Consideration of Creation of Sidewalk District No. 1, 2007 Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required to create Sidewalk Districts. July 26, 2006 the City Council passed a Resolution authorizing City Staff to notify property owners to install sidewalk. On September 14, 2006 le tters were sent out to property owners outlined in year one of the One and Five Year Sidewalk Plan. The deadline for the sidewalks to be installed was July 31, 2007. Discussion The owners of the following properties were notified to install sidewalk and have not taken action: ADDRESS LEGAL DESCRIPTION 507 E 13th St Lot 4, Block 65, Wheeler & Bennett’s 2nd Addition 511 E 13th St Lot 3, Block 65, Wheeler & Bennett’s 2nd Addition 515 E 13th St Lots 1 & 2, Block 65, Wheeler & Bennett’s 2nd Addition 412 E 14th St Lot 8, Block 78, Wheeler & Bennett’s 3rd Addition 424 E 14th St Lot 10, Block 78, Wheeler & Bennett’s 3rd Addition 504 E 14th St Lot 6, Block 79, Wheeler & Bennett’s 3rd Addition 507 E 14th St Lot 4, Block 66, Wheeler & Bennett’s 2nd Addition 519 E 14th St Lot 2, Block 66, Wheeler & Bennett’s 2nd Addition 523 E 14th St Lot 1, Block 66, Wheeler & Bennett’s 2nd Addition 304 E 16th St Lot 6, Block 91, Wheeler & Bennett’s 4th Addition 667 Bischeld St Lot 1, Block 9, Meves 1st Addit ion 2224 S Blaine St Lot 1, Elmer’s Subdivision 2226 S Blaine St Lot 2, Elmer’s Subdivision, an addition to the City of Grand Island, Hall County, Nebraska, excepting therefrom a tract conveyed to the City of Grand Island by warranty deed recorded as Document NO. 88-101716 2305 S Blaine St Lots 31 & 33, Block C, Parkview Subdivision 2315 S Blaine St Lots 32 & 34, Block C, Parkview Subdivision 2409 S Blaine St Lot 40, Block D, Parkview Subdivision 2410 S Blaine St A tract of land comprising a part of the West Half of the Northeast Quarter (W1/2NE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th p.m., in Hall County, Nebraska, more particularly described as follows: Beginning at a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4), said point being One Thousand Three Hundred Twenty-Five and Seven Tenths (1,325.7) feet west and One Thousand Three Hundred Twenty- One and Five Tenths (1,321.5) feet south of the northeast corner of said Section Twenty-Nine (29); thence running westerly and parallel to the north line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Four Hundred Twenty-Eight (428.0) feet; thence southerly parallel to the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Nine and Fifty-Five Hundredths (609.55) feet; thence easterly, a distance of Four Hundred Twenty-Eight (428.0) feet, to a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4); thence northerly along the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Ten and Seven Tenths (610.7) feet to the place of beginning and containing 5.995 acres, more or less. 4177 W Capital Ave The easterly Eighty Eight and Ninety Four Hundredths (88.94) feet of Lot Two (2) and the westerly Nineteen and Seventy Hundredths (19.70) feet of Lot Three (3) in Sunset Subdivision, in the North Half of the Northeast Quarter (N1/2NE1/4) of Section Eleven (11), Township Eleven (11) North, Range Ten (10), West of the 6th p.m., in Hall County, Nebraska. 230 S Cherry St Lot 5, Griesman Subdivision 234 S Cherry St Lot 4, Griesman Subdivision 238 S Cherry St Lot 3, Griesman Subdivision 246 S Cherry St Lot 1, Griesman Subdivision 250 N Darr Ave Lot 4, and the South Six (6) feet of Lot Five (5), Block 20, Packer & Barr’s 2nd Addition 667 Groff St Lot 1, Block 10 Joehnck’s Addition 706 Kennedy Dr Lot 10, Block 1, Colonial Estates 2nd Subdivision 2104 W North Front St Lot 1, Block 13, Packer & Barr’s Addition 2117 W North Front St The Easterly One-Half (E1/2) of Lot 6, in Block Twenty (20), in Packer & Barr’s 2nd Addition 2123 W North Front St The West Half (W1/2) of Lot Six (6), in Block Twenty (20), in Packer & Barr’s 2nd Addition 414 N Oak St Lot 2, Habitat for Humanity Subdivision 2526 Pioneer Ave Lot 2, Parkview 2nd Subdivision 359 S Plum St The North Fifty-Four (54) Feet of Lot Twenty Two (22), in Block One (1), in Koehler Place an addition to the City of Grand Island, Hall County, Nebraska and also a certain part of Lot Twenty-Two (22) in Block One (1), Koehler Place as originally platted, more particularly described in warranty deed recorded as Document No. 97-104819 828 Saint Paul Rd Lot 1, Nabob Subdivision – Being a part of Lot Twenty (20), part of Lots Twenty-One (21) and Twenty Two (22) of the County Subdivision of the West Half of the Southwest Quarter (W1/2SW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9), West of the 6th p.m., Hall County, Nebraska and in part of Lots One (1) and Two (2) and Three (3), Block Four (4), Voitle’s Addition, all in the City of Grand Island, Hall County, Nebraska 930 Saint Paul Rd Lot 5, Nabob Subdivision 1020 Saint Paul Rd Those portions of Lots 1, 2, 3, 4, 7, 8, and 9 of Block 33 of Russell Wheeler’s Addition to Grand Island, Hall County, Nebraska, lying West of Saint Paul Road and lying Easterly of a line drawn parallel with a distance 65.0 feet Easterly, as measure at right angels from the Westerly line of said Block 33 AND also known as a tract of land comprising all of Lots Two (2), Three (3) and Eight (8) and a part of Lots Four (4) and Seven (7) and that part of the vacated alley lying adjacent to said aforementioned lots, all being in Block Thirty Three (33), Russell Wheeler’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the point of intersection of the northwesterly line of said Block Thirty Three (33) and the Westerly right of way line of Saint Paul Road; thence running Southerly, along and upon said Westerly right of way line of Saint Paul Road, a distance of Two Hundred Eighty Nine and Forty Seven Hundredths (289.47) feet; thence deflecting right 150 degrees 06’24’ and running northwesterly, a distance of Two Hundred Fifty Two and Five Tenths (252.50) feet to a point on the Northwesterly line of said Block Thirty Three (33); thence deflecting right 90 degrees 36’49” and running Northeasterly along and upon the northwesterly line of said Block Thirty Three (33), a distance of One Hundred Forty Four and Twenty Seven Hundredths (144.27) feet to the point of beginning 1804 N Webb Rd Lot 1, Conestoga North Subdivision 1812 N Webb Rd Lot 2, Conestoga North Subdivision 1816 N Webb Rd Lot 3, Conestoga North Subdivision 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 an ordinance creating Sidewalk District No. 1, 2007. Sample Motion Motion to approve creation of Sidewalk District No. 1, 2007. Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney ORDINANCE NO. 9141 An ordinance to create Sidewalk District No. 1, 2007; to define the district where sidewalks are to be constructed; to provide for the construction or repair of such sidewalks within the district by paving and all incidental work in connection therewith; and to provide for publication and the effective date of this ordinance. WHEREAS, the Mayor and Council of the City of Grand Island have heretofore by Resolution 2002-323 determined the necessity for certain sidewalk improvements, pursuant to Section 19-2417, R.R.S., 1943, and Section 32-58 of the Grand Island City Code; and WHEREAS, a number of property owners have failed to construct sidewalks within the time specified; and WHEREAS, it is the determination of this Council that such sidewalks should be constructed by the district method. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sidewalk District No. 1, 2007, of the City of Grand Island, Nebraska, is hereby created. SECTION 2. The district where sidewalks shall be constructed shall include the following lots and parcels of ground: ADDRESS LEGAL DESCRIPTION 507 E 13th St Lot 4, Block 65, Wheeler & Bennett’s 2nd Addition 511 E 13th St Lot 3, Block 65, Wheeler & Bennett’s 2nd Addition 515 E 13th St Lots 1 & 2, Block 65, Wheeler & Bennett’s 2nd Addition 412 E 14th St Lot 8, Block 78, Wheeler & Bennett’s 3rd Addition 424 E 14th St Lot 10, Block 78, Wheeler & Bennett’s 3rd Addition 504 E 14th St Lot 6, Block 79, Wheeler & Bennett’s 3rd Addition 507 E 14th St Lot 4, Block 66, Wheeler & Bennett’s 2nd Addition 519 E 14th St Lot 2, Block 66, Wheeler & Bennett’s 2nd Addition ORDINANCE NO. 9141 (Cont.) - 2 - 523 E 14th St Lot 1, Block 66, Wheeler & Bennett’s 2nd Addition 304 E 16th St Lot 6, Block 91, Wheeler & Bennett’s 4th Addition 667 Bischeld St Lot 1, Block 9, Meves 1st Addition 2224 S Blaine St Lot 1, Elmer’s Subdivision 2226 S Blaine St Lot 2, Elmer’s Subdivision, an addition to the City of Grand Island, Hall County, Nebraska, excepting therefrom a tract conveyed to the City of Grand Island by warranty deed recorded as Document NO. 88-101716 2305 S Blaine St Lots 31 & 33, Block C, Parkview Subdivision 2315 S Blaine St Lots 32 & 34, Block C, Parkview Subdivision 2409 S Blaine St Lot 40, Block D, Parkview Subdivision 2410 S Blaine St A tract of land comprising a part of the West Half of the Northeast Quarter (W1/2NE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th p.m., in Hall County, Nebraska, more particularly described as follows: Beginning at a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4), said point being One Thousand Three Hundred Twenty-Five and Seven Tenths (1,325.7) feet west and One Thousand Three Hundred Twent y- One and Five Tenths (1,321.5) feet south of the northeast corner of said Section Twenty-Nine (29); thence running westerly and parallel to the north line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Four Hundred Twenty- Eight (428.0) feet; thence southerly parallel to the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Nine and Fifty-Five Hundredths (609.55) feet; thence easterly, a distance of Four Hundred Twenty-Eight (428.0) feet, to a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4); thence northerly along the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Ten and Seven Tenths (610.7) feet to the place of beginning and containing 5.995 acres, more or less. 4177 W Capital Ave The easterly Eighty Eight and Ninety Four Hundredths (88.94) feet of Lot Two (2) and the westerly Nineteen and Seventy Hundredths (19.70) feet of Lot Three (3) in Sunset Subdivision, in the North Half of the Northeast Quarter (N1/2NE1/4) of Section Eleven (11), Township Eleven (11) North, Range Ten (10), West of the 6th p.m., in Hall County, Nebraska. 230 S Cherry St Lot 5, Griesman Subdivision 234 S Cherry St Lot 4, Griesman Subdivision 238 S Cherry St Lot 3, Griesman Subdivision 246 S Cherry St Lot 1, Griesman Subdivision 250 N Darr Ave Lot 4, and the South Six (6) feet of Lot Five (5), Block 20, ORDINANCE NO. 9141 (Cont.) - 3 - Packer & Barr’s 2nd Addition 667 Groff St Lot 1, Block 10 Joehnck’s Addition 706 Kennedy Dr Lot 10, Block 1, Colonial Estates 2nd Subdivision 2104 W North Front St Lot 1, Block 13, Packer & Barr’s Addition 2117 W North Front St The Easterly One-Half (E1/2) of Lot 6, in Block Twenty (20), in Packer & Barr’s 2nd Addition 2123 W North Front St The West Half (W1/2) of Lot Six (6), in Block Twenty (20), in Packer & Barr’s 2nd Addition 414 N Oak St Lot 2, Habitat for Humanity Subdivision 2526 Pioneer Blvd. Lot 2, Parkview 2nd Subdivision 359 S Plum St The North Fifty-Four (54) Feet of Lot Twenty Two (22), in Block One (1), in Koehler Place an addition to the City of Grand Island, Hall County, Nebraska and also a certain part of Lot Twenty-Two (22) in Block One (1), Koehler Place as originally platted, more particularly described as follows: Beginning at a point on the West line of said Lot, such point being 69.3 feet South of the Northwest corner of said Lot; running thence North along the West line of said Lot, 11.3 feet; running thence East, parallel to the North line of said Lot, 54.8 feet; to the Easterly line of said Lot; running thence Southwesterly along the Southeasterly line of said Lot, 32.2 feet; to a point 10.0 feet Northeasterly from, as measured at right Angles, to the concrete curb now located; running thence Northwesterly on a line concentric with, and parallel to, the concrete curb as now located, 36.8 feet to the point of beginning. 828 Saint Paul Rd Lot 1, Nabob Subdivision – Being a part of Lot Twenty (20), part of Lots Twenty-One (21) and Twenty Two (22) of the County Subdivision of the West Half of the Southwest Quarter (W1/2SW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9), West of the 6th p.m., Hall County, Nebraska and in part of Lots One (1) and Two (2) and Three (3), Block Four (4), Voitle’s Addition, all in the City of Grand Island, Hall County, Nebraska, except a tract of land comprising a part of Lot One (1), Nabob Subdivision, in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of said Lot One (1); thence running northwesterly along the westerly line of said Lot One (1), a distance of Sixty Six and Thirty Six Hundredths (66.36.) feet to the northwest corner of said Lot One (1); thence deflecting right 90°28’00” and running northwesterly along the northerly line of said Lot One (1), a distance of Thirty Three and Eighty Eight Hundredths (33.88) feet; thence deflecting ORDINANCE NO. 9141 (Cont.) - 4 - right 89°07’06” and running southeasterly a distance of Sixty Six and Seven Hundredths (66.07) feet to a point on the southerly line of said Lot One (1); thence deflecting right 90°24’30” and running southwesterly along the southerly line of said Lot One (1), a distance of Thirty Four and Thirty Five Hundredths (34.35) feet, to the point of beginning. 930 Saint Paul Rd Lot 5, Nabob Subdivision 1020 Saint Paul Rd Those portions of Lots 1, 2, 3, 4, 7, 8, and 9 of Block 33 of Russell Wheeler’s Addition to Grand Island, Hall County, Nebraska, lying West of Saint Paul Road and lying Easterly of a line drawn parallel with a distance 65.0 feet Easterly, as measure at right angels from the Westerly line of said Block 33 AND also known as a tract of land comprising all of Lots Two (2), Three (3) and Eight (8) and a part of Lots Four (4) and Seven (7) and that part of the vacated alley lying adjacent to said aforementioned lots, all being in Block Thirty Three (33), Russell Wheeler’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the point of intersection of the northwesterly line of said Block Thirty Three (33) and the Westerly right of way line of Saint Paul Road; thence running Southerly, along and upon said Westerly right of way line of Saint Paul Road, a distance of Two Hundred Eighty Nine and Forty Seven Hundredths (289.47) feet; thence deflecting right 150 degrees 06’24’ and running northwesterly, a distance of Two Hundred Fifty Two and Five Tenths (252.50) feet to a point on the Northwesterly line of said Block Thirty Three (33); thence deflecting right 90 degrees 36’49” and running Northeasterly along and upon the northwesterly line of said Block Thirty Three (33), a distance of One Hundred Forty Four and Twenty Seven Hundredths (144.27) feet to the point of beginning 1804 N Webb Rd Lot 1, Conestoga North Subdivision 1812 N Webb Rd Lot 2, Conestoga North Subdivision 1816 N Webb Rd Lot 3, Conestoga North Subdivision SECTION 3. The sidewalks in the district shall be constructed or repaired by paving and all incidental work in connection therewith; said improvements shall be made in accordance with plans and specifications prepared by the Public Works Department for the City. ORDINANCE NO. 9141 (Cont.) - 5 - SECTION 4. The improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by Section 19-2418, R.R.S. 1943. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Enacted: September 25, 2007. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 11, 2007 City Council Meeting Tuesday, September 25, 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 REGULAR MEETING September 11, 2007 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 11, 2007. Notice of the meeting was given in The Grand Island Independent on September 5, 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: Interim City Administrator/City Attorney Dale Shotkoski, City Clerk RaNae Edwards, Finance Director David Springer, and Assistant Public Works Director Bud Buettner. INVOCATION was given by Interim Pastor Harold Stromer, Messiah Lutheran Church, 708 North Locust Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council members Sam Bolton and Laura Wirth along with CYC Board member Officer Buthc Hurst. ADJOURN TO BOARD OF EQUALIZATION: Motion by Gilbert, second by Nickerson, carried unanimously to adjourn to the Board of Equalization. #2007-BE-5 – Consideration of Determining Benefits for Business Improvement District #3. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #3. Special assessments were for the amount of $42,260.29. #2007-BE-6 – Consideration of Determining Benefits for Business Improvement District #4. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #4. Special assessments were for the amount of $22,174.87. #2007-BE-7 – Consideration of Determining Benefits for Business Improvement District #6. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #5. Special assessments were for the amount of $80,004.04. Motion by Meyer, second by Brown to approve Resolutions #2007-BE-5, #2007-BE-6 and #2007-BE-7. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Gilbert carried unanimously to return to Regular Session. Page 2, City Council Regular Meeting, September 11, 2007 PUBLIC HEARINGS: Public Hearing on Request from Melodee Anderson for a Conditional Use Permit for a Temporary Modular Office Located at 3515 West Old Potash Highway. Craig Lewis, Building Department Director reported that Melodee Anderson requested a conditional use permit to allow for the placement of a temporary modular office building to facilitate operation of a sales office during renovations of the existing building currently on the site located at 3515 West Old Potash Highway. Mr. Lewis recommended approval with the following stipulations: 1) the conditional use permit shall expire within a one year period or within 30 days of the completion of the renovation of the existing building on the site, which ever occurs first, and; 2) the exact location shall be approved by the City Fire and Building Departments prior to placement. No public testimony was heard. Public Hearing on Request from Randy & Cynthia Evans for a Conditional Use Permit for a Temporary Car Dealership Office Located at 1407 West 2nd Street. Craig Lewis, Building Department Director reported that Randy & Cynthia Evans requested a conditional use permit to allow for the placement of a temporary office building to facilitate operations of the existing car dealership during removal of existing buildings and the construction of a new building and facilities located at 1407 West 2nd Street. Mr. Lewis recommended approval with the following stipulation: the conditional use permit will expire within one year or within 30 days of the completion of a permanent facility, which ever occurs first. Attorney Ralph Bradley, representing Randy & Cynthia Evans spoke in support. No public testimony was heard. Public Hearing on Request from Olsson & Associates for a Conditional Use Permit for a Temporary Soil Vapor Extraction Trailer Located at 373 North Vine Street. Craig Lewis, Building Department Director reported that Olsson & Associates requested a conditional use permit to allow for the temporary placement of a vapor extraction trailer to facilitate the removal of free phase petroleum from groundwater at the location of 373 North Vine Street. Mr. Lewis recommended approval for a two year period of time. No public testimony was heard. Public Hearing on General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported that state statutes requires the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the general property tax was $5,280,591, Parking District No. 2 at $9,000, and the Community Redevelopment Authority property tax at $500,000. No 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: #9136 – Consideration of Assessments for Business Improvement District #3 #9137 – Consideration of Assessments for Business Improvement District #4 #9138 – Consideration of Assessments for Business Improvement District #5 #9139 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 Page 3, City Council Regular Meeting, September 11, 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. Ordinances #9136, #9137 and #9138 referred to the aforementioned Public Hearings. David Springer, Finance Director reported that Ordinance #9139 related to the Downtown Improvement and Parking District No. 1 assessments. The FY 2007-2008 occupation tax factor was $.1432 which would provide for occupation taxes in the amount of $39,997. Motion by Whitesides, second by Haase to approve Ordinances #9136, #9137, #9138 and #9139. City Clerk: Ordinances #9136, #9137, #9138 and #9139 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 #9136, #9137, #9138 and #9139 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vo te. Upon roll call vote, all voted aye. Motion adopted. President Meyer: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9136, #9137, #9138 and #9139 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda Item G-14 was pulled for further discussion. Motion by Gilbert, second by Haase to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 28, 2007 City Council Regular Meeting. Approving Request of Alfredo Ascencion, 816 South Pine street for Liquor Manager Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street. #2007-212 – Approving Bid Award for Police Department Office Furnishings at the Law Enforcement Center with Eakes Office Plus, Grand Island, Nebraska in an Amount of $61,367.00; Krueger International, Inc. of Green Bay, Wisconsin in an Amount of $848.94; Office Net, Grand Island, Nebraska in an Amount of $50,003.37; and Surroundings of Omaha, Nebraska in an Amount of $30,174.50 for a Total Amount of $142,393.81. #2007-213 – Approving Bid Award for Window Treatments at the Law Enforcement Center with Naber Enterprises, LLC, Floor to Ceiling of Grand Island, Nebraska in an Amount of $19,136.15. #2007-214 – Approving Change Order No. 14 with Chief Construction of Grand Island, Nebraska for Law Enforcement Center for an Increase of $6,080.20 and a Revised Contingency Amount of $82,247.40. Page 4, City Council Regular Meeting, September 11, 2007 #2007-215 – Approving Bid Award for Inspection & Permitting Software Programs for the Building Department with TerraScan, Inc. of Lincoln, Nebraska in an Amount not to exceed $37,454.00. #2007-216 – Approving Authorization for Emergency Sanitary Sewer Force Main Repairs on South Locust Street and 10th Street with the Diamond Engineering Company of Grand Island, Nebraska in an Estimated Amount of $55,000.00. #2007-217 – Approving Amendment to Agreement for Waste Water Comprehensive Plan Update with CH2M Hill, Inc. of Englewood, Colorado. #2007-218 – Approving Application for 2007 Transportation Enhancement Program Grant. #2007-219 – Approving Contract with Olsson Associates of Grand Island, Nebraska for Engineering Services for Construction of the River-Way Hike/Bike Trail in an Amount of $29,957.00 with the City responsible for 20% of the Project Costs. #2007-220 – Approving Bid Award for High Energy Piping Inspection at Platte Generating Station with MHT Access Services, Inc. of Houston, Texas in an Amount of $120,908.00. #2007-221 – Approving Rene wal of Boiler & Machinery Insurance with Factory Mutual Insurance Co. of St. Louis, Missouri in an Amount of $375,813.00. #2007-222 – Approving Request of Extension of Time for Completion of Water Main District No. 455 – Park-View Area with Starostka Group Unlimited, Inc. of Grand Island, Nebraska until October 12, 2007. #2007-224 – Approving Memorandum of Agreement with Offutt Air Force Base for Aircraft Rescue Firefighting Training. #2007-225 – Approving Purchase of Automation Equipment and Supplies with SirsiDynix in an Amount of $122,240.50. #2007-226 – Approving Authorization to Negotiate with Funk Family LLC for Land Swap with the Parks and Recreation Property Located South of the Webb Road Soccer Complex. #2007-223 – Approving Contract with AVI Systems of Omaha, Nebraska for Master Control & Studio Relocation in an Amount of $68,361.00. Discussion was held concerning the GITV relocation and the affect that had on Charter Communications. City Attorney Dale Shotkoski explained the remodeling for GITV would be paid for by the City. The City was in the process of negotiating with Charter Communications for a stipend to cover costs and enhance the equipment in the GITV studio. Motion by Whitesides, second by Gilbert to approve Resolution #2007-223. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, September 11, 2007 REQUESTS AND REFERRALS: Consideration of Request from Melodee Anderson for a Conditional Use Permit for a Temporary Modular Office Located at 3515 West Old Potash Highway. Craig Lewis, Building Department Director reported this item referred to the aforementioned Public Hearing. Motion by Gilbert, second by Whitesides to approve the request from Melodee Anderson with the recommended stipulations. Upon roll call vote, all voted aye. Motion adopted. Consideration of Request from Randy & Cynthia Evans for a Conditional Use Permit for a Temporary Car Dealership Office Located at 1407 West 2nd Street. Craig Lewis, Building Department Director reported this item referred to the aforementioned Public Hearing. Motion by Gilbert, second by Whitesides to approve the request from Randy & Cynthia Evans with the recommended stipulation. Upon roll call vote, all voted aye. Motion adopted. Consideration of Request from Olsson & Associates for a Conditional Use Permit for a Temporary Soil Vapor Extraction Trailer Located at 373 North Vine Street. Craig Lewis, Building Department Director reported this item referred to the aforementioned Public Hearing. Motion by Gilbert, second by Whitesides to approve the request from Olsson & Associates for a two year period of time. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2007-227 – Consideration of Approving General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported that this item related to the aforementioned Public Hearing. Motion by Meyer, second by Brown to approve Resolution 2007-227. Upon roll call vote, all voted aye. Motion adopted. #2007-228 – Consideration of Additio nal Engineering Fees with Olsson Associates for Water Park Design. Steve Paustian, Parks and Recreation Director reported that on March 24, 2005 the City entered into a contract with Olsson Associates for the design of a Children’s Wet Play Area at Island Oasis in the amount of $42,700.00. Olsson Associates requested additional fees dues to additional services and increased cost of the wet play area in the amount of $31,520.00. A settlement payment of $20,000.00 was agreed upon between Olsson Associates and the City. Motion by Meyer, second by Brown to approve Resolution #2007-288. Discussion was held regarding the design of the web play area and the increased cost. Mr. Paustian stated materials had increased and the actual cost would not be know until formal bids were taken. Page 6, City Council Regular Meeting, September 11, 2007 ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Haase to adjourn to executive session at 7:30 p.m. to discuss the additional fees with Olsson Associates for the water park design. 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 8:05 p.m. Upon roll call vote, all voted aye. Motion adopted. Motion was made by Meyer to withdraw his motion, second by Zapata. Upon roll call vote, all voted aye. Motion adopted. There was no further action taken on Resolution #2007-228. #2007-229 – Consideration of Approving Appointment of Jeff Pederson as City Administrator and Approving Offer of Employment. Mayor Hornady submitted her appointment of Jeff Pederson as the new City Administrator to the Council for their approval. Motion by Gilbert, second by Whitesides to approve Resolution #2007-229. 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 August 28, 2007 through September 11, 2007, for a total amount of $3,964,784.78. Motion adopted unanimously. Motion by Brown, second by Haase to approve the following Claims for the Library Expansion for the period of August 28, 2007 through September 11, 2007: #82 $181,688.74 #83 $ 237.80 Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of September 18, 2007 City Council Study Session Tuesday, September 25, 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 STUDY SESSION September 18, 2007 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First Street, on September 18, 2007. Notice of the meeting was given in the Grand Island Independent on September 12, 2007. President Bob Meyer called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gilbert, Whitesides, Niemann, and Meyer. Councilmember’s Gericke, Carney, and Mayor Hornady were absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director David Springer. INVOCATION was given by Pastor Gary Schulte, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. Groundwater Removal Study and Computer Model Presentation. Gary Mader, Utilities Director reported that in July of this year City Council authorized Olsson Associates to update the 2002 Ground Water Model Study for future presentation to Council at a Study Session. Explained was the geography of Grand Island and the ground water problems. The last seven years the city had been in a drought with this year being a particularly wet year causing high ground water. Mr. Mader updated the Council on the history of groundwater problems and what the city had done in the past. Mr. Mader introduced Olsson Associates representative Kevin Prior who gave a PowerPoint presentation updating the groundwater study from 2002. Key issues presented were: · Wet Basements · Sanitary Sewer Infiltration and Residential Pumping to Sanitary Sewer · Property Values · Future Growth in Grand Island · Discharge Location Options Groundwater Dewatering Options: · Deep/High Capacity Wells · Shallow/Low Capacity Wells · Horizontal Wells · French Drain Mr. Prior introduced Jeff Johnson who presented the following modeling objectives: · Simulate existing water table conditions · Evaluate aquifer response to pumping Page 2, City Council Study Session, September 18, 2007 · Examine affects of pumping on contamination · Examine affects of pumping and water disposal on existing surface water bodies · Assess potential subsidence due to dewatering The following modeling aspects were used to create the study: · Utilized BMS – MODFLOW, MODPATH, and MT3DMS · Utilized GMS’s capabilities for data evaluation and exhibits · Large data base for model · Modeled worse-case scenarios including high and low water tables Key points from past records showed whenever there was rainfall the ground water level increased. In general, the water level had not exceeded the historical records. A computer model was presented showing water draw down with dewatering wells pumping from 300 to 500 gallons a minute 24 hours a day for 365 days a year. The following conveyance/disposal options were presented: · Discharge of the water into the Wood River Diversion Channel just south of Stuhr Museum · Discharge of the water into the Platte River where it crosses Shady Bend Road · Discharge of the water into the Platte River south of the Stuhr Museum, and using the water for downstream industrial or other uses The following modeling summaries were presented: · Combination of low-and high-capacity wells meets project objectives · System would consist of eleven 500 gpm wells in NW and seventeen 300 gpm wells and one 1100 gpm in SE · Maximum capacity is 11,700 gpm or 16.85 mgd · Subsidence should not be an issue · Discharge would need to be piped to the Platte River · Surface water impacts are unlikely Mr. Prior presented the probable costs for three alternatives ranging between $17,802,000 to $23,385,000 and annual operation and maintenance costs ranging between $1,895,602 to $2,343,582. The following findings were presented: · The opinion of costs for the construction of the capital improvements is $23,385,000. Annual costs to amortize the capital improvements is $1,876,412 (20 yrs., i=5%). · Operation and maintenance costs are estimated to be $467,170/year. · Total cost of the project on a per resident basis is estimated at $44.00/month. · Several potential methods of payment to retire the capital costs and annual operation exist. The following financing options presented were: · Nebraska Natural Resources Commissio n Page 3, City Council Study Session, September 18, 2007 -Development Fund – Grants/Loans Nebraska Cooperative Agreement/Water Action Plan · District Creation -Drainage District – Assessment of project benefits to the designated area · Off-Set Water on the Platte River -Market Water to Platte River Users --Potential sources include: Downstream Communities and Industry -Market Water to Environmental Agencies --Potential sources include: Fish and Wildlife Service, Nebraska Game and Parks, State of Nebraska Department of Water Resources/New Depletion Plan · Utility User Fees Wastewater Department Water Department · General Fund General Fund – Municipal Bonds The following people spoke concerning water problems in their homes: · Liz Gerberding, 404 West 14th Street · Randy Stueven, 233 South Gunbarrel Road · Vern Rempe, 1739 South Arthur Street · Carolyn Bresee, 303 East Nebraska Avenue · Jim Waters, 1733 South Arthur Street · Ruth McDonald, 2525 Mill River Road · Cynd ie Larson, 2811 Circle Drive · Dayle Schutte, 1742 Arthur Street · Kevin Rathjen, 2509 Pioneer Blvd Councilmember Nickerson commented on the options of dewatering and forming districts. In the past these districts had been voted out and would likely be voted out again. Mr. Prior answered the question as to how long a project would take - approximately two years. The problem would be finding the financing. Mr. Mader commented that it was possible of take the water to the Platte River but would be very expensive due to the cost of discharging pipe. Steve Riehle, Public Works Director commented on the detention cell on Stagecoach Road being at ground water level thereby the cell had water in it continually. The five test dewatering wells were discussed. Pulling water out of one area created a problem in another. The model showed that the water needed to be piped south to the Platte River. Craig Lewis, Building Department Director answered questions concerning changing building code requirements to eliminate basements and/or regulate elevation. He said the council could change the city code. Mr. Lewis explained the subsurface drainage. Mr. Riehle explained the process of a dewatering district. Mr. Mader explained those city wells which were contaminated were no longer in use. These wells would be used only for an emergency. Page 4, City Council Study Session, September 18, 2007 Discussion was held concerning costs and if the dewatering wells could be done in segments. Mr. Johnson said it could be done but there would have to be bigger pipe put in and we would have to plan for the future. Discussion was held regarding a short term fix. Mr. Johnson stated there was no short term fix and this project would take time to lower the ground water. Comments were made by council that this issue needed to move forward. Council President Meyer recommended that City Administration look into this and come up with a plan to be discussed at the Council Retreat. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. RaNae Edwards City Clerk Item G3 Approving Re-Appointment of Barry Sandstrom to the Community Redevelopment Authority Board The Mayor has submitted the re-appointment of Barry Sandstrom to the Community Redevelopment Authority Board. This appointment would become effective October 1, 2007 upon approval by Council, and would expire on September 30, 2012. Approval is recommended. Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G4 Approving Re-Appointment of Scott Ericksen to the Regional Planning Commission The Mayor has submitted the re-appointment of Scott Ericksen to the Regional Planning Commission. This appointment would become effective November 1, 2007 upon approval by Council, and would expire on October 31, 2010. Approval is recommended. Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G5 Approving Garbage Permits for Central Waste Disposal, Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal and Refuse Permits for Full Circle and Scott's Hauling Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: September 25, 2007 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2007/2008: Central Waste Disposal, 147 East Roberts Garbage Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 4331 Juergen Road Refuse Scott’s Hauling, 3230 Westside Street Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2007/2008. Sample Motion Approve the renewal for garbage/refuse permits for 2007/2008. Item G6 #2007-230 - Approving Acquisition of Utility Easement - Northeast Corner of US Hwy. 34 & US Hwy. 281 - College Park of Grand Island Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-230 WHEREAS, a public utility easement is required by the City of Grand Island, from College Park at Grand Island, a Nebraska non-profit corporation, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on September 25, 2007, for the purpose of discussing the proposed acquisition of an easement located in a part of the Southwest Quarter of the Southwest Quarter (SW¼SW¼) of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; the said One Hundred (100.0) foot wide easement being more particularly described as follows: Commencing at the southeast corner of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) West; thence northerly on an assumed bearing of N00°16’02”E, along the easterly line of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of said Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) West, a distance of seventy nine and three tenths (79.3) feet to the point of intersection with the northerly right-of-way line of U.S. Highway #34 and the westerly right-of-way line of Tech Drive; thence N88°20’16”W, along the northerly right-of-way line of said U.S. Highway #34, a distance of four hundred twenty nine and six tenths (429.6) feet; thence N86°20’19”W, along the northerly right-of-way line of said U.S. Highway #34, a distance of one hundred seventy and one tenth (170.1) feet; thence N86°41’59”W, along the northerly right-of-way line of said U.S. Highway #34, a distance of five hundred thirty and two tenths (530.2) feet to the ACTUAL Point of Beginning; thence N58°11’47”W, along the northerly right-of-way line of said U.S. Highway #34, a distance of twenty (20.0) feet; thence N31°48’13”E, a distance of twenty (20.0) feet; thence S58°11’47”E, a distance of twenty (20.0) feet; thence S31°48’13”W, a distance of twenty (20.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 400.0 square feet, more or less, as shown on the plat dated 8/28/2007, 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 College Park at Grand Island, a Nebraska non-profit corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________RaNae Edwards, City Clerk Item G7 #2007-231 - Approving Bid Award for Railroad Track Repair at Platte Generating Station Tuesday, September 25, 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: September 25, 2007 Subject: Bid Award - Railroad Track Repair – Platte Generating Station Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background As part of normal maintenance, the rail spur at the Platte Generating Station must periodically have ties replaced and additional rail bed ballast applied. This project will restore the track elevation, replace 400 deteriorated ties and return the rails to the correct spacing. Our plant staff developed specifications for this work. These specifications were advertised for bid and sent out in accordance with City purchasing procedures. Discussion Responses for the Railroad Track Repair were received from the following bidders. The engineer’s estimate for this project was $100,000.00. Bidder Bid Price R & S Track Maintenance, Inc. $76,558.85 Judds Bros. Construction Co. $73,429.00 The bids were reviewed by plant staff. The bid from Judds Brothers Construction Company is compliant with 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 the Council award the Contract for Railroad Track Repair to Judds Bros. Construction Co. from Lincoln, NE, as the low responsive bidder, with the bid price of $73,429.00. Sample Motion Motion to approve award of the bid of $73,429.00 from Judds Bros. Construction Co. for the Railroad Track Repair as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 4, 2007 at 11:00 a.m. FOR: Railroad Track Repair DEPARTMENT: Utilities ESTIMATE: $100,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 25, 2007 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: R & S Track Maintenance, Inc. Judds Bros. Construction Co. Columbus, NE Lincoln, NE Bid Security: $3,827.94 Island Insurance Co. Exceptions: None Noted Bid Price: $76,558.85 $73,429.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist. Rodger Zawodniak, Utilities Dept. Karen Nagel, Utilities Secretary Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1187 Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-231 WHEREAS, the City of Grand Island invited sealed bids for railroad track repair at the Platte Generating Station according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 4, 2007, bids were received, opened and reviewed; and WHEREAS, Judds Bros. Construction Co. of Lincoln, 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 $73,429.00; and WHEREAS, the bid of Judds Bros. Construction Co. is less than the estimate for railroad track repair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Judds Bros. Construction Co. of Lincoln, Nebraska, in the amount of $73,429.00 for railroad track repair at the Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2007-232 - Approving Bid Award to Replace Roof at Fire Station 3 Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Jim Rowell, Fire Chief Meeting: September 25, 2007 Subject: Fire Station 3 Roof Replacement Item #’s: G-8 Presenter(s): Jim Rowell, Fire Chief Background Bids for replacing the roof at Fire Station 3 were opened on September 6, 2007 at 11:00 a.m. There was one bidder on the project. Husker Sales and Distribution Inc. of Grand Island, NE submitted the only bid of $38,461.00. Discussion Fire Station 3 has had reoccurring problems with leaks in the roof. The new roof will use the standing seam metal roofing. The new roof will provide higher quality materials and eliminate the current problem. The roofing material is the same as that being used for the new Fire Station 1 and was used at Fire Station 4 in 2006. 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. Sample Motion Motion to approve the awarding of the contract to Husker Sales and Distribution Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 6, 2007 at 11:00 a.m. FOR: Replace Roof – Fire Station 3 DEPARTMENT: Fire Department ESTIMATE: $45,000.00 FUND/ACCOUNT: 10022101-85612 PUBLICATION DATE: August 26, 2007 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Husker Sales & Dist., Inc. Grand Island, NE Bid Security: Inland Insurance Company Exceptions: None Bid Price: $38,461.00 cc: Jim Rowell, Fire Chief Chris Hoffman, Public Safety Sec. Curt Rohling, Operation Division Chief Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1188 Approved as to Form ¤ ___________ September 21, 2007 ¤ City Attorney R E S O L U T I O N 2007-232 WHEREAS, the City of Grand Island invited sealed bids for roof replacement for Fire Station No. 3, according to plans and specifications on file with the Fire Department; and WHEREAS, on September 6, 2007, bids were received, opened and reviewed; and WHEREAS, Husker Sales and Distribution, Inc. 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 $38,461.00; and WHEREAS, the bid of Husker Sales and Distribution, Inc. is less than the estimate for the roof replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Husker Sales and Distribution, Inc. of Grand Island, Nebraska in the amount of $38,461.00 for roof replacement for Fire Station No. 3 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2007-233 - Approving Grant Funding for Gang Resistance Education and Training (GREAT) Program Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: September 25, 2007 Subject: 2007 Gang Resistance Education and Training Grant (G.R.E.A.T) Item #’s: G-9 Presenter(s): Steve Lamken, Chief of Police Background The Grand Island Police Department has been awarded a 2007 Gang Resistance Education and Training Grant in the amount of $31,889. The city match for this grant is $3,189, which was an expense approved in the 2008 FY Budget. The program period for this grant is from 6-1-07 through 11-30-08, however the police department just received confirmation of the grant award on 09-10-07. Discussion A requirement for acceptance of the grant is that the grant award be signed by the Mayor and the special conditions page be agreed to and initialed on the bottom right corner by the Mayor. The Grand Island Police Department is requesting that the listed grant award be signed for acceptance of the award. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the award and accept the G.R.E.A.T. grant funds. 2. Send to committee for further discussion. 3. Table for more discussion. 4. Take no action. Recommendation City Administration recommends that the Council approve the award and accept the 2007 G.R.E.A.T. grant funding in the amount of $31,889. Sample Motion Approve the award and accept the 2007 G.R.E.A.T. grant funding. Department of Justic e Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 2 1 . RECIPIENT NAME AND ADDRESS (Including Zip Code)4. AWARD NUMBER : 2007-JV-FX-0170 City of Grand Islan d P .O. Box 1968 5. PROJECT PERIOD: FROM 06/01/2007 TO 11/30/200 8 Grand Island, NE 68802 BUDGET PERIOD : FROM 06/01/2007 TO 11/30/2008 6 . AWARD DATE 09/07/2007 7 . ACTION InitialI A. GRANTEE IRSNENDOR NO. 476006205 8 . SUPPLEMENT NUMBE R 00 9 . PREVIOUS AWARD AMOUNT $0 3 . PROJECT TITLE 10 . AMOUNT OF THIS AWARD $ 31,88 9 City of Grand Island Gang Resistance Education and Training Grant $ 3 1 ,88 9I I . TOTAL AWARD 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORT H ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under Pub. L . No. 110-5, embedded secs . 101-104 and 20940 ; Pub. L . No . 109-108, 119 Stat . 2290, 2303(Gang resistance F Y 2007 ) 15 . METHOD OF PAYMENT PAPR S 16 . TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIA L Regina B . Schofield Assistant Attorney General 19 . SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A . DAT E17. SIGNATURE OF APPROVING OFFICIAL AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21 . JV07U0013 1 FISCAL FUND BUD . DIV. – YEAR CODE ACT. OFC. REG . SUB . POMS AMOUNT X F JV 80 00 00 3188 9 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justic e Office of Justice Program s Bureau of Justice Assistance AWARD CONTINUATION SHEE T Grant PAGE 2 OF 2 PROJECT NUMBER 2007-JV-FX-0170 AWARD DATE 09/07/200 7 SPECIAL CONDITIONS 1.The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of th e Office of Justice Programs (OJP) Financial Guide . 2.The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient i s required to submit one pursuant to 28 C .F .R. Section 42 .302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as th e recipient is in compliance . 3.The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States , Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financia l Guide, Chapter 19 . 4.Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of th e enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without th e express prior written approval of OJP . 5.The grantee shall arrange with local area middle/junior high schools, to schedule at least 13 one period classes t o instr uct the minimum number of students as proposed in its application for funding approved by BJA . Classroo m lessons are to be presented during the project period of the grant award . 6.The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other writte n materials that will be published, including web-based materials and web site content, through funds from this grant a t least thirty (30) working days prior to the targeted dissemination date . 7.The award recipient agrees to participate in a data collection process measuring program outputs and outcomes . Th e data elements for this process will be outlined by the Office of Justice Programs . 8.The recipient agrees to track and report to BJA on its training and technical assistance activities and deliverable s progress using the guidance and format provided by BJA. 9.Bureau of Justice Assistance grant recipients must purchase their G .R .E .A .T . branded items only from approved G.R.E .A .T. vendors (see tp ://w ww .great-online.org/Links/Merchandise.Aspx). OJP FORM 4000/2 (REV .4 -88) Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-233 WHEREAS, the Police Department of the City of Grand Island received notification that it will receive $31,889.00 in grant funds through the 2007 Gang Resistance Education and Training Grant (G.R.E.A.T.) Program; and WHEREAS, in acceptance of the grant, the City of Grand Island is required to match funds in the amount of $3,189.00; WHEREAS, the City’s match of this grant in the amount of $3,189.00 has been approved for the 2008 fiscal year; and WHEREAS, the amount awarded is to be used by the Grand Island Police Department in accordance with criteria established by the grant program; and WHEREAS, the Grand Island Police Department will serve as the fiscal agency on the grant; and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in acceptance of the same. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the Police Department of the City of Grand Island in the amount of $31,889 through the 2007 Gang Resistance Education and Training Grant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ______________________________ - 2 - RaNae Edwards, City Clerk Item G10 #2007-234 - Approving Amendment No. 1 to the Interlocal Agreement with the Grand Island Community Redevelopment Authority Tuesday, September 25, 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: September 25, 2007 Subject: Amended Interlocal Agreement with CRA Relative to Compensation of the City for Staffing the CRA Item #’s: G-10 Presenter(s): Wesley Nespor, Attorney Background The Community Redevelopment Authority and the City of Grand Island entered into an interlocal agreement to have the Regional Planning Director act as Director of the CRA beginning July 1, 2005. According to the terms of the agreement the CRA would pay 10% of the Director's salary and benefits and 10% of the planning department's secretary's salary and benefits to offset the cost this service. Based on two years of experience with the workload the CRA Director suggested during the budget planning sessions that it would be appropriate for the CRA to pay 20% of the Director's benefits and salary. The CRA Board passed an amendment to the interlocal agreement to increase the payment to the City at their budget approval meeting on August 24, 2007. Discussion Based on two years of experience working with the CRA the Director requested that CRA pay a larger share of the Director’s salary and benefits. The current 10% only provides for 4 hours of work a week relative to CRA activities and the actual time spent is 8 or more hours. CRA activities must be handled in a timely fashion. The proposed changes would allocate 20% of the Director’s time or 8 hours per week to CRA activities and would compensate the City for that time. Discussions on these changes were part of the budgeting process at the CRA, County and City. The 2007-2008 budget for the Hall County Regional Planning Department was prepared with these changes. The CRA approved and signed the amended agreement at their meeting on August 24, 2007. A copy of the approved amendment is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the amendments to the interlocal agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the amended interlocal agreement with the CRA as presented. Sample Motion Motion to approve the amendment to the interlocal agreement with the CRA as presented. Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-234 WHEREAS, on June 28, 2005, by Resolution 2005-191, the City of Grand Island approved an Interlocal Cooperation Agreement with the Grand Island Community Redevelopment Authority (CRA) which directed that the Regional Planning Director would serve as the Director of the CRA; and WHEREAS, according to the terms of the Interlocal Agreement, 10% of the Director’s salary and benefits are paid by the CRA; and WHEREAS, on August 24, 2007, the CRA Board passed an amendment wherein the CRA would pay 20% of the Director’s salary and benefits; and WHEREAS, the City Attorney's office has reviewed and approved the amendment to the Interlocal Cooperation Agreement setting out such changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to the Interlocal Cooperation Agreement for the Community Redevelopment Authority is hereby approved BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ____________________________________ RaNae Edwards, City Clerk Item G11 #2007-235 - Approving Purchase of a Skid Steer Loader for Use in Concrete Repair Operations at the Street Division Tuesday, September 25, 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: September 25, 2007 Subject: Approving Purchase of a Skid Steer Loader for Use in Concrete Repair Operations at the Street Division Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background The Bobcat Skid Steer Loader at the Street Division was last replaced by Central Nebraska Bobcat in the 2005/2006 budget as per replacement agreement in the original bid package. The City has utilitized that replacement agreement in the past. The replacement agreement is based on $6.00 per operating hour. At 500 hours of use the replacement price is $3,000. Discussion It is to the advantage of the City of Grand Island to continue using a Bobcat Skid Steer Loader from Central Nebraska Bobcat of Grand Island, Nebraska. Each unit remains constantly under warranty so that the only cost to the City is for fuel and routine service. 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 a Resolution awarding the purchase of the Skid Steer Loader under the replacement agreement with Central Nebraska Bobcat of Grand Island, Nebraska. Sample Motion Motion to approve awarding the purchase of the Skid Steer Loader under the replacement agreement with Central Nebraska Bobcat of Grand Island, Nebraska for $3,000 (after trade-in). Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-235 WHEREAS, the Street Division of the Public Works Department of the City of Grand Island is in need of a replacement for a Bobcat Skid Steer Loader; and WHEREAS, the City of Grand Island has a replacement agreement with Central Nebraska Bobcat of Grand Island, Nebraska, for a Bobcat Skid Steer Loader, for a cost not to exceed $6.00 per operating hour, or approximately $3,000.00; and WHEREAS, it is in the best interest of the City of Grand Island to purchase the Bobcat Skid Steer Loader from Central Nebraska Bobcat. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a Bobcat Skid Steer Loader from Central Nebraska Bobcat of Grand Island, Nebraska, in the amount of $6.00 per operating hour, or approximately $3,000.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Galen Stehlik, Attorney on Behalf of Juan Valle for Non-Conforming Use Located at 1120 North Eddy Street Tuesday, September 25, 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: September 25, 2007 Subject: Request of Juan Valle and Carlos Salinas Regarding the Property at 1120 North Eddy Street, Grand Island, NE for Approval of an Extension to a Legal Nonconforming Use Item #’s: H-1 Presenter(s): Craig Lewis – Building Department Director Background This request is for City Council approval of a nonconforming use to allow for the operation of an automotive repair facility at 1120 N. Eddy St. The zoning classification of the property is R-2 or a low density residential use and as such the operation of an automotive repair facility is not a permitted use. This property was in the past an automotive service station and was a legal non conforming use, however that legal use was abandoned and has since lost any “grandfather status ”. The approval of the City Council is required to once again operate a repair facility at this location. Discussion The City code section 36-35 (Nonconforming Buildings and Uses) allows for extensions and expansions of such uses in all cases where refusal to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the same. The City Council may attach appropriate conditions to the granting of any such relief. The site location and the existing building do not appear to be conducive to modifications such that a residential use would appear attractive or profitable. The proposed use does not appear that it would have a significant negative impact on the neighboring properties. As a condition to this request the City Code would require that three off street parking stalls be provided for each automotive service stall provided. There appears to be adequate space on site to provide these six stalls but as other repair facilities in the recent past have created enforcement problems with the parking of vehicles on the “parkway” and in City street right of way, parking needs to be specifically addressed. Because of these concerns and the limited open space on the property it should be a condition of this approval that the required parking is identified, marked, and no parking of any vehicles shall be allowed in the Public Right of Way adjacent to Eddy Street. Additionally the applicant should be aware that it is illegal to block, at any time, the public sidewalk that is adjacent to Eddy and 12th Street. There currently exists a grass area in the “parkway” between Eddy Street the public sidewalk and the building parking lot and that green space should be maintained. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request and allow the non- conforming use with the conditions that all required parking be provided as per City Code and that the right of way adjacent to Eddy Street be cleared of debris, sand and concrete piles and maintained as green space. Sample Motion A motion to approve the request to allow for the legal non-conforming use with the conditions as identified in the staff memorandum. Clark S t N E d d y S t N11th St W12th St W 10th St W13th St W G re e n w ic h S t N C le b u r n S t N 809 807 811 823 917 904 908 912 818 824 823 904 924 816 824 908 912 917 915 806 724 816 824 904 913 911 901 823912916 908 807 804 808 814 818 819 811 805 812 819 813 905 903 824 706 712 716 719 804 724 804808 817 811 803 810 618 622 703 710 714 719 715 707 1108 1022 1014 1007 1010 1013 1117 1111 1224 1216 1210 1113 1111 1118 1120 1222 1211 1023 1013 1024 1014 1010 1116 1123 1112 1204 917.5 819.5 1108.5 1118.5 LOCATION MAP 1120 North Eddy St. Item I1 #2007-236 - Consideration of Approving Request of Camargo Family Market, Inc. dba Camargo Family Market, 304 West 15th Street for a Class "D" Liquor License and Request from Shelia Camargo, 304 West 15th Street for Liquor Manager Designation This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ September 20, 2007 ¤ City Attorney R E S O L U T I O N 2007-236 WHEREAS, an application was filed by Camargo Family Market, Inc., doing business as Camargo Family Market at 304 West 15th Street, Grand Island, Nebraska, for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 15, 2007; such publication cost being $14.03; and WHEREAS, Sheila Camargo, 304 West 15th Street, Grand Island, Nebraska, has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on September 25, 2007, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the approval of Sheila Camargo, 304 West 15th Street, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item I2 #2007-237 - Consideration of Directing Property Owner to Repair Sidewalk at 1504 N Broadwell Avenue Tuesday, September 25, 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: September 25, 2007 Subject: Resolution Directing Property Owner to Repair Sidewalk at 1504 N Broadwell Avenue Item #’s: I-2 Presenter(s): Steven P. Riehle, Public Works Director Background On August 1, 2007 a letter was sent to Grim's Home Repair, Inc. concerning necessary repairs to the sidewalk at 1504 North Broadwell Avenue (Lot 186, except the Westerly Fifty (50) feet thereof, in West Lawn, an addition to the City of Grand Island, Hall County, Nebraska). The letter stated these repairs needed to be made by August 23, 2007 to prevent accident or injury to citizens using the sidewalk. Section 32-58 and 32-59 of the City Code and Section 16-662 R.S. Nebraska Statues, make the property owner responsible for repairing sidewalks adjacent to their property. Discussion The Public Works Department is requesting that a resolution be passed giving the property owner 10 days to repair the sidewalk at 1504 North Broadwell Avenue (Lot 186, except the Westerly Fifty (50) feet thereof, in West Lawn, an addition to the City of Grand Island, Hall County, Nebraska), as this is a public safety concern. If the property owner fails to repair the sidewalk within the time allotted the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of Grim's Home Repair, Inc. 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 a resolution directing Grim's Home Repair, Inc. to repair the sidewalk located at 1504 North Broadwell Avenue (Lot 186, except the Westerly Fifty (50) feet thereof, in West Lawn, an addition to the City Of Grand Island, Hall County, Nebraska). Sample Motion Motion to approve a resolution directing Grim's Home Repair, Inc. to repair the sidewalk located at 1504 North Broadwell Avenue (Lot 186, except the Westerly Fifty (50) feet thereof, in West Lawn, an addition to the City of Grand Island, Hall County, Nebraska) within 10 days and if the property owner fails to do so, the City can issue the work to be done and assess the lot. Approved as to Form ¤ ___________ September 21, 2007 ¤ City Attorney R E S O L U T I O N 2007-237 WHEREAS, the city has the authority under Neb. Rev. Stat., §16-662, to direct the repair and replacement of sidewalks by owners of the abutting property; and WHEREAS, the sidewalk abutting 1504 North Broadwell Avenue, legally described as the West Fifty Feet (50’) of Lot One Hundred Eighty-Six (186) in West Lawn Addition to the City of Grand Island, Hall County, Nebraska, has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to Grim’s Home Repair, Inc., to replace the sidewalk abutting the property located at 1504 North Broadwell Avenue (Lot 186 in Westlawn Addition to the City of Grand Island, Hall County, Nebraska, except the westerly 50 feet thereof.) within ten days. If the property owner shall fail to replace the sidewalk within ten days after notice is sent, the city will cause the work to be done and assess the cost against the property at a later date. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2007-238 - Consideration of Approving AFSCME Contract Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: B City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: September 25, 2007 Subject: Approval of AFSCME, Local 251, Bargaining Agreement Item #’s: I-3 Presenter(s): Brenda Sutherland, Human Resources Director Background City staff has been participating in negotiations with representatives of the AFSCME (American Federation of State, County, and Municipal Employees), Local 251. The current contract which has been in place for five years will expire on September 30, 2007 at midnight. The employees represented by this bargaining unit are employed in the streets and parks divisions. Discussion The agreement that is being brought to Council for consideration is the product of a successful negotiation process between City staff and representatives of the bargaining unit. Compromises were made by both sides and an agreement has been reached. The proposed agreement will cover a four year period to begin on October 1, 2007 and remain in effect until September 30, 2011. The changes are evident in the red-lined copy. Some of the more notable changes from the current contract are as follows; actual hours worked being used for the calculation of overtime, changing stand-by pay from four hours to seven, exchanging Arbor Day for a personal day to be more in line with the rest of the City, increasing the amount of the medical leave bank from 968 hours to 1064 hours with the last payment for excess hours over 968 occurring in January 2008, and the percentage at retirement moving from 50% to 45%. There were some changes in the vacation accruals and salary adjustments in future years of 4% in year two, 4% in year three and 3.5% in year four Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed agreement between the City and AFSCME, Local 251. Sample Motion Motion to approve the proposed agreement between the City and AFSCME, Local 251. Approved as to Form ? _______________ September 20, 2007 ? City Attorney R E S O L U T I O N 2007-238 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement by and between the City of Grand Island and the Nebraska Public Employees, Local 251 of the American Federation of State, County, and Municipal Employees, AFL-CIO (AFSCME), for the period of October 1, 2007 through September 30, 2011. - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 25, 2007. _____________________________________ Margaret Hornady, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 12, 2007 through September 25, 2007 The Claims for the period of September 12, 2007 through September 25, 2007 for a total amount of $4,541,687.26. A MOTION is in order. Tuesday, September 25, 2007 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council