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10-28-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 28, 2008 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 Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Aaron Utecht, Evangelical Free Church, 2609 South Blaine Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Larry Christensen, Electric Distribution Supervisor in the Utilities Department for 35 Years of Service with the City of Grand Island The Mayor and City Council will recognize Larry Christensen, Electric Distribution Supervisor with the Utilities Department for 35 Years of Service with the City of Grand Island. Mr. Christensen was hired on October 1, 1973 as a Groundman and was promoted to Lineman Apprentice on January 1, 1974. On May 16, 1975 he was promoted to Lineman 2nd Class and on December 11, 1975 he was promoted to Lineman 1st Class. I. On March 28, 1977 he became Line Crew Chief and was promoted to Line Foreman on October 3, 1985. From there he was promoted to Assistant Line Superintendent on July 25, 1986 and on March 27, 1992 he was promoted to his current position of Electric Distribution Supervisor. We Congratulate Mr. Christensen for his dedication and service to the City of Grand Island. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Proclamation "Pulmonary Hypertension Awareness Month" November, 2008 Pulmonary Hypertension is a rare disorder causing intolerable blood pressure levels in the arteries between the lungs and heart. This disease has historically been chronic and incurable with a poor survival rate. Education, awareness, and research is the goal of the Pulmonary Hypertension Association to improve the quality of life for those with pulmonary Hypertension. The Mayor has proclaimed the month of November, 2008 as "Pulmonary Hypertension Awareness Month". See attached PROCLAMATION. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on Request from Kenneth and Amy Friesen for Conditional Use Permit for a Parking Lot Located at 903 West Anna Street Tuesday, October 28, 2008 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: October 28, 2008 Subject: Request of Kenneth and Amy Friesen for Approval of a Conditional Use Permit to Construct a Parking Lot at 903 West Anna Street Item #’s: E-1 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This request is for approval of a conditional use permit to allow for the construction of a parking lot at the above referenced address. The property is currently zoned R-4 High Density Residential and as such a parking lot is a listed conditional use. Conditional uses as listed in the zoning code must be approved by the city council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to construct a concrete parking lot on approximately one half of the residential zoned property at the south west corner of Clark and Anna Streets. The property is located west of the applicants existing automotive repair business and it is proposed to utilize the property for additional parking for the established business. A single family dwelling currently on the site is proposed to be removed to facilitate the construction and provide additional parking for the adjacent business. As the property is zoned R-4 the landscaping regulations provided in the City code are required. The landscape provisions in the City code would require a six foot landscape buffer adjacent to the street, which has been reflected in the proposed plan, and plantings of two canopy trees, two understory trees, and six shrubs, which are currently identified in the proposed plan. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2. Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3. Modify the request to meet the wishes of the Council. 4. Refer the matter to a special committee for a determination of a finding of fact. 5. Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit with the condition that the existing building on the property be demolished in compliance with City codes prior to any other construction of the proposed parking lot and finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and find ing that the application will conform with the purpose of the zoning regulations. Item E2 Public Hearing on Request from Geotechnical Services, Inc. for Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street Tuesday, October 28, 2008 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: October 28, 2008 Subject: Request from Geotechnical Services on behalf of RD&D, Inc. for a Conditional Use Permit for a Temporary Trailer Located at 417 N. Sycamore Street, Grand Island, NE Item #’s: E-2 & H-2 Presenter(s): Craig Lewis , Building Department Director Background This request is for approval of a conditional use permit to allow for the continual placement of a vapor extraction trailer to facilitate the removal of free phase petroleum from groundwater at the site. The site is currently zoned (B-2) General Business. Trailers and temporary buildings are only allowed within this zoning classification if approved by the City Council in the form of a conditional use permit. A permit was granted by the City Council on November 14, 2006 for a two year period, an additional two years is requested. Discussion This proposal is to allow for the continued use of the trailer at the site to aid in the clean up of groundwater. The proposed length of time is for three to five additional years, however, City code provides a two year approval. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties and no concerns have been presented in the last two years of operation. In 1995 as a building addition was constructed, landscaping regulations were applicable and the proposed location for the trailer conflicts with the location of that required landscaping. Thee approval in 2006 required any landscaping removed was to be replaced. It does not appear that the required landscaping has been maintained and additional approvals of this request should only be allowed if the landscaping is replaced and brought into compliance with landscaping regulations. 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 Staff recommends that the Council approve the request with the condition that the required landscaping be replaced within 60 days of approval and authorize the issuance of a conditional use permit for a two year period. Sample Motion Move to approve the request for a conditional use permit to allow for the continued use of a temporary vapor extraction facility for a two year period and install the displaced landscaping within the next sixty days. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 4220 Lariat Court - Boehle Tuesday, October 28, 2008 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: October 28, 2008 Subject: Acquisition of Utility Easement – 4220 Lariat Court - Boehle Item #’s: E-3 & G-8 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 Jonathan R. Boehle and Shannon K. Boehle, located along the northwesterly property line of 4220 Lariat Court, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit and secondary wire to provide additional electrical service to 4220 Lariat Court and a street light on the cul-de-sac. 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 Move to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Acquisition of Utility Easement - Between 3305 and 3333 Old Potash Hwy. - State of Nebraska Dept. of Roads Tuesday, October 28, 2008 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: October 28, 2008 Subject: Acquisition of Utility Easement – Between 3305 and 3333 Old Potash Hwy. – The State of Nebraska Item #’s: E-4 & G-9 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 the State of Nebraska, located between the Nebraska Department of Roads Office (3305 Old Potash Hwy.) and Carpet Plus (3333 Old Potash Hwy.), in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place primary underground cable and a pad-mounted transformer to provide increased electrical service to the expanded Dept. of Roadways building at 3305 Old Potash Highway in Grand Island. 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 Move to approve acquisition of the Utility Easement. Item E5 Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski, Dehn Renter, Chairman City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, City Attorney Meeting: October 28, 2008 Subject: Public Hearing Concerning the Semi-Annual Report by the Citizen’s Review Committee on the Economic Development Program Plan Item #’s: E-5 & G-12 Presenter(s): Dale M. Shotkoski, City Attorney Dehn Renter, Chairman, Citizen’s Advisory Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizens Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of October 14, 2008, and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the semi-annual report of the Citizens’ Advisory Review Committee. 2. Do not accept the semi-annual report of the Citizens’ Advisory Review Committee. Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizens ’ Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizens’ Advisory Review Committee. Item E6 Public Hearing Concerning Annexation of Property Located at 908 East Capital Avenue Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: October 28, 2008 Subject: Annexation - Public Hearing, Ordinance (First Reading) Item #’s: E-6 & F-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Steven Riehle, Public Works Director Background Annexation of land, located in the S ½ of the SW ¼ 3-11-09 (908 E. Capital Avenue) into the Grand Island City Limits see the attached map. The owner of this property petitioned Council to consider annexation of this property. He desires to hook this property up to city sewer services. Discussion On September 3, 2008 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City along a portion of its southern property line (Capital Avenue). Water is available to the property. Sewer is available to the property. This property is within the Grand Island Utilities Electrical Service District. This property is within the Grand Island School District. Annexing this property will not impact the two mile extraterritorial jurisdiction of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge to approve the annexation request and seconded by Miller. A roll call vote was taken and the motion passed with 10 members present (Miller, O’Neill, Ruge, Reynolds, Hayes, Eriksen, Monter, Haskins, Bredthauer, Snodgrass) all voting in favor. Sample Motion Move to approve the annexation as Submitted. Item E7 Public Hearing on Request from Global Industries for Expansion of Easement on Property Owned by Eugene and Janice Penrose Located at 2810 East Highway 30 Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: October 28, 2008 Subject: Request of Eugene & Janice Penrose and Global Industries to Expand an Existing No-Build Easement on the Property Located at 2810 East Highway #30, Grand Island, NE Item #’s: E-7 & G-15 Presenter(s): Craig Lewis, Building Department Director Background This is a request to modify or expand an existing easement that was created on October 19, 2000 to accommodate construction of an addition onto the existing manufacturing facility at 2928 E. Highway #30, the location of Global Industries manufacturing facility. Discussion The Building Codes adopted by the City of Grand Island provides for a basic allowable area of buildings based on the occupanc y and type of construction, that allowable area may be increased because of factors such as fire sprinkler systems and open yard space surrounding the building. The code does provide that certain occupancies that are one story in height shall not be limited in area if the building is provided with an automatic fire sprinklers system and is surrounded on all sides with public ways or yards not less than 60 feet in width. Typically the required yard space is on the same property that the building occupies, but in the case of existing buildings it is sometimes difficult to provide that yard space and is not unreasonable to allow neighboring properties to share the benefit of an existing open yard space, with the provision that the City is included in an agreement for that use. This request is to expand the existing easement granted in 2000 to accommodate another addition onto the manufacturing facility and create an additional easement including the City of Grand Island as a third party participant to assure the open yard space remains. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request and accept the no-build easement. 2. Disapprove or /Deny the Request. 3. Modify the easement agreement to meet the wishes of the Council. 4. Table the issue. Recommendation City Staff recommends that the Council approve the agreement to create a no-build easement to accommodate construction at Global Industries facility at 2928 East Highway #30, Grand Island, NE. Sample Motion Move to approve the requested easement agreement as specified in the staff recommendation. 1 NO-BUILD EASEMENT AGREEMENT THIS AGREEMENT made and entered into this ______ day of October, 2008, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as "City"; GLOBAL INDUSTRIES, INC., a Corporation, he reinafter referred to as "Grantee"; and EUGENE J. PENROSE and JANICE K. PENROSE, Husband and Wife, hereinafter referred to as "Grantors". 1. STATEMENT OF PURPOSE. This No-Build Easement Agreement is made for the purpose of setting forth the terms and conditions under which the Grantors will sell and convey to the Grantee a no-build easement on the tract of land which is shown and described more particularly on Exhibit "A", attached hereto. The purpose of the no-build easement is to create sufficient set back for the Grantee to construct a manufacturing facility on a tract of land owned by the Grantee and described in paragraph 2 below. Said set back is required by the Grand Island City Code and the International Building Code as adopted by the City. 2. GRANTEE'S REAL ESTATE. The Grantee owns the following-described real estate: Lot Two (2), Connell Industrial Park Third Subdivision to the City of Grand Island, Hall County, Nebraska. 3. GRANTORS' REAL ESTATE. The Grantors own the following-described real estate: Lot Two (2), Connell Industrial Park Second Subdivision to the City of Grand Island, Hall County, Nebraska. 4. EASEMENT TO BE CONVEYED. In consideration of the payment by the Grantee to the Grantors in the amount of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged and stated more specifically hereafter, the Grantors do hereby sell and convey to the Grantee, its successors and assigns, a non- exclusive right to use a "no-build easement" on the tract of land shown and described on Exhibit "A", attached hereto and made a part hereby by reference, subject to the conditions stated hereafter. 5. CONDITIONS OF NO-BUILD EASEMENT. The no-build easement referred to above shall include the following conditions: a. The Grantors shall have the right to use and enjoy fully the premises shown and described on Exhibit "A", but shall not construct or permit to be constructed any buildings or structures thereon without the written consent of the Grantee and the City. b. The easement granted herein is a permanent easement and shall continue in full force and effect so long as the no-build easement is used or required by the Grantee, its successors and assigns, or the City. 2 6. ACCESS ROAD EASEMENT. The Parties agree that the non-monetary consideration for this no-build easement shall include the right of the Grantors to use the Grantee's portion of the existing driveway serving the parties' properties for access to the Grantors' real estate at any point not further than Seven Hundred Feet (700') from the Southeast Corner of Lot 2, Connell Industrial Park Second Subdivision to the City of Grand Island, Hall County, Nebraska. This easement may be used by the Grantors, their successors, assigns, business invitees, customers, and representatives. This easement shall include the right to cross the Grantee's real estate from such portions of the access drive as are wholly on the Grantee's property directly to the Grantors' real estate. 7. SUCCESSORS AND ASSIGNS. This no-build easement contains all the agreements and stipulations between the Grantors and Grantee with respect to said easement and the same shall inure to the benefit and be binding on the Grantors and Grantee, their respective successors and assigns. 8. AMENDMENTS. The terms of this no-build easement may be modified or terminated only by a written agreement executed by the Grantors and Grantee, their respective successors and assigns, and approved by the Mayor and City Council of the City. 9. CHOICE OF LAWS. This No-Build Easement Agreement shall be construed in accordance with the laws of the State of Nebraska and the United States of America. DATED this _____ day of October, 2008. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation Attest: ___________________________ By: ______________________________________ RaNae Edwards, City Clerk Margaret Hornady, Mayor GLOBAL INDUSTRIES, INC., A Corporation, Grantee Attest: ___________________________ By: ______________________________________ Todd Kleint Douglas D. Fargo, C.F.O./Executive V.P. By: ______________________________________ EUGENE J. PENROSE, Grantor By: ______________________________________ JANICE K. PENROSE, Grantor 3 STATE OF NEBRASKA ) )ss: COUNTY OF HALL ) On _______________, 2008, before me, a notary public, qualified in said County, personally came Margaret Hornady, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing document and acknowledged that the execution thereof was her voluntary act and deed on behalf of the municipal corporation, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. __________________________________________________ Notary Public STATE OF NEBRASKA ) )ss: COUNTY OF HALL ) On _______________, 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Douglas D. Fargo, C.F.O./Executive Vice President of Global Industries, Inc., a corporation, known personally to me to be the identical person who signed the foregoing document and acknowledged the execution thereof was his voluntary act and deed on behalf of the corporation. WITNESS my hand and notarial seal the date above written. __________________________________________________ Notary Public STATE OF NEBRASKA ) )ss: COUNTY OF HALL ) On _______________, 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Eugene J. Penrose and Janice K. Penrose, Husband and Wife, known personally to me to be the identical persons who signed the foregoing document and acknowledged the execution thereof was their voluntary act and deed. WITNESS my hand and notarial seal the date above written. __________________________________________________ Notary Public Item F1 #9195 - Consideration to Amend and Restate the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust Tuesday, October 28, 2008 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: October 28, 2008 Subject: Amend and Restate City of Grand Island Police Officer’s and Firefighter’s Retirement System Plan and Trust Item #’s: F-1 & F-2 Presenter(s): Brenda Sutherland, Human Resources Director and Greg Anderson, Vice President and Trust Officer, Wells Fargo Background Wells Fargo is the administrator of the City of Grand Island’s Police Officer’s and Firefighter’s Retirement System Plan and Trust. As administrator of this plan, Wells Fargo is charged with making sure that the plan stays in compliance with IRS rules that regulate these types of plans. Discussion Attached is a synopsis of the changes that are being recommended by Wells Fargo to maint ain IRS compliance for the City’s Police Officer’s and Firefighter’s Retirement System Plan and Trust. As you can see in the attachment, these are plan changes that are reflected in IRS code and need to be adopted by our plan for compliance purposes. A copy of both plans are available at the Clerk’s office for review. 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 to amend the Police Officer’s and Firefighter’s Retirement System Plan and Trust as outlined by Wells Fargo. Sample Motion Move to approve to amend the Police Officer’s and Firefighter’s Retirement System Plan and Trust. Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney ORDINANCE NO. 9195 An ordinance to amend and restate the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust; to authorize further actions and repeal conflicting ordinances previously enacted; and to provide for severability and an effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Pursuant to Nebraska Statutes, Sections 16-1001 through 16-1019, the Mayor and Council of the City of Grand Island maintain the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust (“Plan”) for its paid police officers, embodied in plan documents including an adoption agreement and basic plan document attached thereto and constituting an integral part thereof, as well as various amendments required by applicable law. SECTION 2. Applicable tax law requires that the Plan be amended and restated, and for this purpose, there has been presented to the City a proposed retirement plan and trust embodied in instruments entitled “Adoption Agreement” and “Basic Municipal Employees Plan and Trust Agreement” as an integral part thereof (“Basic Plan Document”; and together the Adoption Agreement and Basic Plan Document sometimes are referred to herein together as “Agreements”), which Agreements have been reviewed by legal counsel for the City. SECTION 3. The City does hereby approve and adopt said Agreements as the amendment and restatement of the Plan, and makes the designations and elections with respect to the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the Adoption Agreement or Basic Plan Document. ORDINANCE NO. 9195 (Cont.) - 2 - SECTION 4. That the Mayor is authorized to execute said Adoption Agreement and Basic Plan Document on behalf of the City, and the City Administrator is authorized and directed to provide the same to the Trustee (for its written acceptance, if determined necessary or appropriate), and if directed herein or otherwise determined necessary or advisable, to cause said Agreements to be submitted, together with such supporting data as may be necessary or advisable and applicable application fee, to the Internal Revenue Service for ruling as to whether the same complies with the pertinent provisions of the Internal Revenue Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, with authority to make any changes in or to the designations, elections or provisions under or of said Adoption Agreement or Basic Plan Document and take such further actions as he or she determines necessary or appropriate to obtain a favorable ruling. SECTION 5. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances as previously enacted that are in conflict with this ordinance or any part hereof are herby repealed. SECTION 6. Severability Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance. The Mayor and City Council hereby declare that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall be in force and take effect from and after passage, approval and publication as provided by law. ORDINANCE NO. 9195 (Cont.) - 3 - Enacted: October 28, 2008 ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9196 - Consideration to Amend and Restate the City of Grand Island, Nebraska Firefighters’ Retirement System Plan and Trust This item relates to Ordinances Item F-3. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney ORDINANCE NO. 9196 An ordinance to amend and restate the City of Grand Island, Nebraska Police Firefighters’ Retirement System Plan and Trust; to authorize further actions and repeal conflicting ordinances previously enacted; and to provide for severability and an effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Pursuant to Nebraska Statutes, Sections 16-1020 through 16-1042, the Mayor and Council of the City of Grand Island maintain the City of Grand Island, Nebraska Firefighters’ Retirement System Plan and Trust (“Plan”) for its paid firefighters, embodied in plan documents including an adoption agreement and basic plan document attached thereto and constituting an integral part thereof, as well as various amendments required by applicable law. SECTION 2. Applicable tax law requires that the Plan be amended and restated, and for this purpose, there has been presented to the City a proposed retirement plan and trust embodied in instruments entitled “Adoption Agreement” and “Basic Municipal Employees Plan and Trust Agreement” as an integral part thereof (“Basic Plan Document”; and together the Adoption Agreement and Basic Plan Document sometimes are referred to herein together as “Agreements”), which Agreements have been reviewed by legal counsel for the City. SECTION 3. The City does hereby approve and adopt said Agreements as the amendment and restatement of the Plan, and makes the designations and elections with respect to the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the Adoption Agreement or Basic Plan Document. ORDINANCE NO. 9196 (Cont.) - 2 - SECTION 4. That the Mayor is authorized to execute said Adoption Agreement and Basic Plan Document on behalf of the City, and the City Administrator is authorized and directed to provide the same to the Trustee (for its written acceptance, if determined necessary or appropriate), and if directed herein or otherwise determined necessary or advisable, to cause said Agreements to be submitted, together with such supporting data as may be necessary or advisable and applicable application fee, to the Internal Revenue Service for ruling as to whether the same complies with the pertinent provisions of the Internal Revenue Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, with authority to make any changes in or to the designations, elections or provisions under or of said Adoption Agreement or Basic Plan Document and take such further actions as he or she determines necessary or appropriate to obtain a favorable ruling. SECTION 5. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances as previously enacted that are in conflict with this ordinance or any part hereof are herby repealed. SECTION 6. Severability Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance. The Mayor and City Council hereby declare that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall be in force and take effect from and after passage, approval and publication as provided by law. ORDINANCE NO. 9196 (Cont.) - 3 - Enacted: October 28, 2008 ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9197 - Consideration Amendments to Chapters 10 and 22 of the Grand Island City Code Relative to Cemetery and Parking in Front Yards Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: October 28, 2008 Subject: Amendments to Chapters 10 and 22 of the City Code Item #’s: F-3 Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor, Attorney Background The City Council adopted a goal to comprehensively review and update the City Code. These proposed revisions are part of that process. Discussion The changes to Chapter 10 clarify provisions relating to designated cemetery grounds and the role of the cemetery superintendent. There is also a change relating to the distance between markers to coincide with actual practice. Chapter 22 has a minor revision to harmonize it with a change in numbering in the zoning code. A red-line version of the changes follows: §10-1. Cemetery – Defined The city cemetery shall consist of all those certain tracts, lots, and parcels of land described as the Grand Island City Cemetery by Ordinance No. 3690, a copy of which is on file in the office of the city clerk, and all lands acquired after the passage of Ordinance No. 3690 and designated as cemetery grounds by the Mayor and City Council. §10-2. Administration (A) The Parks and Recreation Director shall have the general care, management and supervision of the city cemetery. (B) The City may employ a cemetery superintendent under the direction of the Parks and Recreation Director. The cemetery superintendent shall have such general supervisory authority over the daily operations of the cemetery as is delegated by the Parks and Recreation Director or granted by the Mayor and City Council. The Parks and Recreation Director shall perform the duties of the cemetery superintendent during any period that the superintendent is absent or such position is vacant . (C) , and Tthe city council shall have the power and authority to adopt such rules and regulations as may be required therefor, and may repeal or amend the same at pleasure; provided, however, that no such rule or regulation shall become operative until a copy thereof shall have been filed with the city clerk. §10-17. Tombstones, Monuments, Copings, etc. No tombstone, monument, gravemarker or vases shall be erected in the city cemetery except those that meet the approval of the cemetery and the following provisions: (1) All markers in the South Block of Section J shall be set flush with the turf. (2) A minimum five-inch wash shall be used on all new or reset stone or monument work, and all spaces of 3024 inches or less between stones or monuments shall be filled with concrete on new or reset work. (3) No stone or monument shall extend beyond the property boundary of the lot owner. (4) No lot or grave copings, curbs, or above-ground corner stones shall be constructed within the cemetery. (5) All new foot stones shall be set flush with the turf, except to match existing above-ground foot stones on the same lot. (6) Permanent vases shall not be allowed in alleys in front of stones or monuments, nor shall they be allowed on the grave side of an individual pre-need marker. Permanent vases shall only be allowed on the ends of stones or monuments in Sections M, N and P of the cemetery. (7) It shall be the responsibility of the lot owner to reset any stones, monuments, or vases removed by the cemetery to allow room for a burial. (8) The maximum width of any stone or monument, including the wash, shall be 26 inches. No stone or monument requiring more than 26 inches for width shall be delivered to the cemetery without the prior written approval of the cemetery superintendent. §22-141.1. Parking In Front Yards It shall be unlawful for anyone to park a motor vehicle on any unimproved area of a front yard of any property in the city of Grand Island. For the purpose of this section, "unimproved area" shall mean any area that has not been improved with concrete, asphalt, brick, stone, gravel, or crushed rock. The term "motor vehicle" shall mean every self-propelled land vehicle, not operated on rails, except mopeds or self- propelled invalid chairs. No front yard area shall be improved for parking unless it meets all of the requirements of the Grand Island City Code for off-street parking, including but not limited to, the provisions of Chapter 36Section 36-48. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Take no action 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve the amendments to Chapters 10 and 22 of the City Code. Sample Motion Move to approve the ordinance amending Chapters 10 and 22 of the City Code. Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney ORDINANCE NO. 9197 An ordinance to amend Grand Island City Code Section 22-141.1 regarding parking in front yards to harmonize it with the Zoning Code; to amend Section 10-1 relating to cemetery grounds; to amend Section 10-2 relating to the duties of the Cemetery Superintendent; to amend Section 10-17 relating to spaces between cemetery stones; to repeal sections in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 10-1, 10-2 and 10-17 of the Grand Island City Code are amended to read as follows: §10-1. Cemetery – Defined The city cemetery shall consist of all those certain tracts, lots, and parcels of land described as the Grand Island City Cemetery by Ordinance No. 3690, a copy of which is on file in the office of the city clerk, and all lands acquired after the passage of Ordinance No. 3690 and designated as cemetery grounds by the Mayor and City Council. §10-2. Administration (A) The Parks and Recreation Director shall have the general care, management and supervision of the city cemetery. (B) The City may employ a cemetery superintendent under the direction of the Parks and Recreation Director. The cemetery superintendent shall have such general supervisory authority over the daily operations of the cemetery as is delegated by the Parks and Recreation Director or granted by the Mayor and City Council. The Parks and Recreation Director shall perform the duties of the cemetery superintendent during any period that the superintendent is absent or such position is vacant. (C) The city council shall have the power and authority to adopt such rules and regulations as may be required therefor, and may repeal or amend the same at pleasure; provided, however, that no such rule or regulation shall become operative until a copy thereof shall have been filed with the city clerk. §10-17. Tombstones, Monuments, Copings, etc. No tombstone, monument, gravemarker or vases shall be erected in the city cemetery except those that meet the approval of the cemetery and the following provisions: (1) All markers in the South Block of Section J shall be set flush with the turf. ORDINANCE NO. 9197 (Cont.) - 2 - (2) A minimum five-inch wash shall be used on all new or reset stone or monument work, and all spaces of 30 inches or less between stones or monuments shall be filled with concrete on new or reset work. (3) No stone or monument shall extend beyond the property boundary of the lot owner. (4) No lot or grave copings, curbs, or above-ground corner stones shall be constructed within the cemetery. (5) All new foot stones shall be set flush with the turf, except to match existing above- ground foot stones on the same lot. (6) Permanent vases shall not be allowed in alleys in front of stones or monuments, nor shall they be allowed on the grave side of an individual pre-need marker. Permanent vases shall only be allowed on the ends of stones or monuments in Sections M, N and P of the cemetery. (7) It shall be the responsibility of the lot owner to reset any stones, monuments, or vases removed by the cemetery to allow room for a burial. (8) The maximum width of any stone or monument, including the wash, shall be 26 inches. No stone or monument requiring more than 26 inches for width shall be delivered to the cemetery without the prior written approval of the cemetery superintendent. SECTION 2. Section 22-141.1 of the Grand Island City Code is amended to read as follows: §22-141.1. Parking In Front Yards It shall be unlawful for anyone to park a motor vehicle on any unimproved area of a front yard of any property in the city of Grand Island. For the purpose of this section, "unimproved area" shall mean any area that has not been improved with concrete, asphalt, brick, stone, gravel, or crushed rock. The term "motor vehicle" shall mean every self-propelled land vehicle, not operated on rails, except mopeds or self-propelled invalid chairs. No front yard area shall be improved for parking unless it meets all of the requirements of the Grand Island City Code for off-street parking, including but not limited to, the provisions of Chapter 36. SECTION 3. Section 10-1, 10-2, 10-17, and 22-141.1 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 4. 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. 9197 (Cont.) - 3 - SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 28, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9198 - Consideration of Annexation Property Located at 908 East Capital Avenue (First Reading) This item relates to the aforementioned Public Hearing Item E-6. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney ORDINANCE NO. 9198 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land North of Capital Avenue in the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County in the area of 908 East Capital Avenue, Nebraska as more particularly described hereinafter; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on September 3, 2008, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tracts of land in Hall County, Nebraska: Beginning at a point 843.8 feet East of the Southwest Corner of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; running thence North on a line parallel with the Section line 516 feet; thence East on a line parallel with the Section line 421.4 feet; thence South parallel with the Section line 516 feet to the South line of said Section; thence West along said Section line 421.4 feet to the place of beginning. AND Commencing at a point 452.8 feet West of the center of the Omaha and Republican Valley Railroad now known as the Ord Branch of the Union Pacific * This Space Reserved For Register of Deeds * ORDINANCE NO. 9198 (Cont.) - 2 - Railroad Company, and the Northeast Corner of the North Twelve (12) acres, more of less of the South Thirty Two (32) acres of that part of the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range Nine (9), West of the 6th P.M., and lying West of said Railroad; thence running in a Southerly direction 312.5 feet; thence in a Westerly direction 697.0 feet; thence in a Northerly direction 312.5 feet; thence in an Easterly direction 697.0 feet to the place of beginning. WHEREAS, after public hearing on October 28, 2008, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 28, 2008, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that the extraterritorial zoning jurisdiction is extended as allowed by law. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9198 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2008-274 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9198 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 28, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 14, 2008 City Council Regular Meeting Tuesday, October 28, 2008 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 October 14, 2008 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 October 14, 2008. Notice of the meeting was given in The Grand Island Independent on October 8, 2008. Mayor 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, Ramsey, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Pub lic Works Director Steve Riehle. INVOCATION was given by Pastor Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna Street followed by the PLEDGE OF ALLEGIANCE. COMMUNICATION: Mayor Hornady introduced Community Youth Council members Mikayla Walsh and Claire Mackey. Mayor Hornady congratulated the Community Youth Council for receiving one of three Join Hands Day State Excellence Awards from the Nebraska Fraternal Congress and the Unite Way of the Midlands. PUBLIC HEARINGS: Public Hearing on Request from Sluggers, Inc. dba Sluggers Sports Bar, 707 West Anna Street for an Addition to Class “C-46334” Liquor License. RaNae Edwards, City Clerk reported that an application for an addition to Class “C-46334” Liquor License had been received from Sluggers, Inc. dba Sluggers Sport Bar, 707 West Anna Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on September 29, 2008; notice to the general public of date, time, and place of hearing published on October 4, 2008; notice to the applicant of date, time, and place of hearing mailed on September 29, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. CONSENT AGENDA: Consent Agenda item G-24 was pulled for further discussion. Motion by Zapata, second by Brown to approve the Consent Agenda excluding item G-24. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 23, 2008 City Council Regular Meeting. Approving Minutes of October 7, 2008 City Council Study Session. Approving Re-Appointment of Bob Loewenstein to the Animal Advisory Board. Approving Preliminary Plat for Hornady Subdivision. Page 2, City Council Regular Meeting, October 14, 2008 #2008-276 – Approving Final Plat and Subdivision Agreement for Hornady Subdivision. It was noted that owner, Michael Lee McArty had submitted the Final Plat and Subdivision Agreement for Hornady Subdivision located east of Arthur Street and north of Stolley Park Road consisting of approximately 7.822 acres for the purpose of creating 5 lots. #2008-277 – Approving Final Plat and Subdivision Agreement for HW Subdivision. It was noted that owner, Northridge Assembly of God had submitted the Final Plat and Subdivision Agreement for HW Subdivision located south of Highway 2 and east of Independence Avenue consisting of approximately 16.067 acres for the purpose of creating 2 lots. #2008-278 – Approving Final Plat and Subdivision Agreement for Vanosdall Subdivision. It was noted that owner, Wayne Vanosdall Sanitation Service, Inc. had submitted the Final Plat and Subdivision Agreement for Vanosdall Subdivision located west of South Locust Street and north of US Highway 34 consisting of approximately 3.1606 acres for the purpose of creating 2 lots. #2008-279 – Approving Storm Water Management Plan Program Grant Application with the Nebraska Department of Environmental Quality. #2008-280 – Approving Bid Award for One (1) 81,000 Pound Landfill Compactor for the Solid Waste Division with Al-Jon Manufacturing, LLC of Ottumwa, Iowa in an Amount of $323,512.00. #2008-281 – Approving Bid Award for Snow Removal Services for the 2008/2009 Winter Season for the Streets Division with The Diamond Engineering Company of Grand Isla nd, Nebraska in an Amount of $135.00 per our for Front End Loaders, $155.00 per hour for Motor Graders, and $115.00 per hour for Hauling Snow. #2008-282 – Approving Bid Award for Downtown Parking Lots Snow Removal Operations for the 2008/2009 Winter Season with A-1 Snow Removal of Grand Island, Nebraska in an Amount of $50.00 per load for Trucks, $132.00 per hour for Front End Loaders/Tractors, and $330.00 per hour for Tractor with Pull Blade. #2008-283 – Approving Bid Award for Downtown Land/Landscape Maintenance and Snow Removal with Rick’s Lawn Care Company of Grand Island, Nebraska in an Amount of $30.00 each Mowing, $8,890.00 yearly lump sum for Maintenance, and $125.00 per hour for Snow Removal. #2008-284 – Approving Bid Award for Sanitary Sewer District No. 16 Partial Replacement, Between 5th Street and 6th Street, from Wheeler Avenue to Locust Street with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $37,470.00. #2008-285 – Approving Agreement for Funding with the Central Nebraska Ethnic Festival in an Amount of Approximately $900.00. #2008-286 – Approving Agreement for Funding with the Crisis Center, Inc. in an Amount of $12,000.00. Councilmember Gilbert voted no. Page 3, City Council Regular Meeting, October 14, 2008 #2008-287 – Approving Agreement for Funding with the Clean Community System in an Amount of $20,000.00. #2008-288 – Approving Agreement for Funding with the Grand Island Area Council for International Visitors in an Amount of $1,000.00. Councilmember Gilbert voted no. #2008-289 – Approving Agreement for Funding with the Grand Island Hall County Convention & Visitors Bureau in an Amount of $10,000.00. #2008-290 – Approving Agreement for Funding with Izaak Walton Kids Fishing Derby in an Amount of $2,000.00. Councilmember Gilbert voted no. #2008-291 – Approving Agreement for Funding with Hope Harbor in an Amount of $4,500.00. Councilmember Gilbert voted no. #2008-292 – Approving Agreement for Funding with the Grand Island Multicultural Coalition in an Amount of $10,000.00. Councilmember Gilbert voted no. #2008-293 – Approving Agreement for Funding with the Retired Senior Volunteer Program in an Amount of $10,000.00. Councilmember Gilbert voted no. #2008-294 – Approving Agreement for Funding with Senior Citizens Industries, Inc. in an Amount of $15,000.00. Councilmember Gilbert voted no. #2008-296 – Approving City Council Meeting Schedule for 2009. #2008-297 – Approving Change Order #2 for Riverway Hike/Bike Trail Engineering with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $6,636.25 and a Revised Contract Amount of $347,770.10. #2008-298 – Approving Certificate of Final Completion for Riverway Hike/Bike Trail Engineering with The Diamond Engineering Company of Grand Island, Nebraska. #2008-299 – Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 523 and 525 with The Diamond Engineering Company of Grand Island, Nebraska. #2008-300 – Approving Bid Award for One (1) 2009 Ford F-650 Type I Class I Ambulance with Medtec Ambulance Corporation of Goshen, Indiana in an Amount of $212,224.00. #2008-295 – Approving Contract with Central Nebraska Humane Society for Animal Control. Tim Dethloff, 4204 Kay Avenue spoke in support. Laurie Dethloff answered questions concerning feral cats, cost and refund of using cages. Motion by Carney, second by Ramsey to approve Resolution #2008-295. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Page 4, City Council Regular Meeting, October 14, 2008 Adoption of 2008-2009 City Council Goals. Jeff Pederson, City Administrator reported on June 3, 2008 the City Council revised the 2007-2008 Goals. Formally adopting the goals would give them the highest standing to proceed into the new budget year. Motion by Nickerson, second by Brown to approve the adoption of the 2008-2009 City Council Goals. Councilmember Gilbert commented on the process of setting goals, timing, and lack of funding. She recommended a strategic planning session so council could establish priorities. Discussion was held on the importance of setting goals. Motion by Gilbert, second by Carney to table the adoption of the 2008-2009 City Council Goals until early next year. Upon roll call vote, Councilmember’s Gilbert, Carney, and Haase voted aye. Councilmember’s Meyer, Niemann, Ramsey, Gericke, Nickerson, Zapata, and Brown voted no. Motion failed. Upon roll call vote of the main motion, Councilmember’s Meyer, Niemann, Ramsey, Gericke, Nickerson, Zapata, Haase, and Brown voted aye. Councilmember’s Gilbert and Carney voted no. Motion adopted. RESOLUTIONS: #2008-301 – Consideration of Request from Sluggers, Inc. dba Sluggers Sports Bar, 707 West Anna Street for an Addition to Class “C-46334” Liquor License. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Nickerson to approve Resolution #2008-301 contingent upon final inspections. 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 September 24, 2008 through October 14, 2008, for a total amount of $6,284,013.74. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of October 21, 2008 City Council Study Session Tuesday, October 28, 2008 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 October 21, 2008 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 Council Chambers of City Hall, 100 East First Street, on October 21, 2008. Notice of the meeting was given in the Grand Island Independent on October 15, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Brown, Haase, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Zapata was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, and Finance Director David Springer. INVOCATION was given by Mayor Margaret Hornady followed by the PLEDGE OF ALLEGIANCE. Update on Storm Water Drainage Maintenance. Steve Riehle, Public Works Director gave a PowerPoint presentation on the June 2008 rainfall, ground water levels, and impacts from the storm. Actions taken during the event were: Ground Water Intrusion Parkview drinking water wells were operated Sanitary Sewer Collection System Auxiliary pumps Lift Station #7 Lift Station #19 Monitoring, Flushing and Cleaning Storm Drainage Sand bagging Clearing ditches of blockages Unplugging culverts and inlets Clearing Blockage of Piccadilly Ditch Digging Circle Drive Ditch Auxiliary pump for Stolley Park Storm Sewer The following actions had been taken since the event: Neighborhood Meetings De-watering Project Sanitary Sewer Collection System Storm Drainage Maintenance Plan Storm Drainage Capital Improvements Lift Station #7 and #19 Improvements Page 2, City Council Study Session, October 21, 2008 Storm Drainage Work Ditch Clean Out Projects Storm Drainage Capital Projects Engineering Study of Stolley Drainage System Southwest Grand Island Storm Drainage Improvements Integrated Capital Improvement Plan Mr. Riehle commented on the difference in sanitary sewer pipes and how they are fixed. Councilmember Zapata was present at 7:25 p.m. Comments were made on the improvements to drainage when the ditches were cleaned out. Detention cells were discussed including possible clean-up techniques. Petitioning de-watering districts were explained. City Attorney Dale Shotkoski stated Nebraska State Statutes do not allow de-watering districts and questioned how they would be assessed. Comments were made about the age of the studies and the possibility of updating these studies. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. RaNae Edwards City Clerk Item G3 Approving Appointments to Business Improvement District (BID) No. 6 The Mayor has submitted the appointments of Phil Maltzahn, Mike Wanek, Cheryl Nietfeldt, Dallas Kime, Randy Evans, Bill Raile, John Folsom, Bob Dodendorf, and Fred Groenke to the Business Improvement District No. 6 Board. These appointments would become effective immediately upon approval by City Council and would expire at the end of the five year life of BID 6 or September 2013. Approval is recommended. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G4 Approving Appointments to Business Improvement District (BID) No. 7 The Mayor has submitted the appointments of David Bartz, Gene McCloud, Bud Rasmussen, Rhonda Saalfeld, Bill Lawrey, Jeff Reed, and Dan Naranjo to the Business Improvement District No. 7 Board. These appointments would become effective immediately upon approval by City Council and would expire at the end of the five year life of BID 7 or September 2013. Approval is recommended. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 Approving Appointments to Business Improvement District (BID) No. 8 The Mayor has submitted the appointments of Matt Armstrong, Bruce Eberle, Craig Hand, Mark Stelk, Dee Johnson, Tom Ziller, Mark Tracy, Kurt Haecker, and KC Hehnke to the Business Improvement District No. 8 Board. These appointments would become effective immediately upon approval by City Council and would expire at the end of the five year life of BID 8 or September 2013. Approval is recommended. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 Approving Request from Dominic Montavon, 2830 Forth Worth Avenue for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue Tuesday, October 28, 2008 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: October 28, 2008 Subject: Request from Dominic Montavon, 2830 Fort Worth Avenue for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue Item #’s: G-6 Presenter(s): RaNae Edwards, City Clerk Background Dominic Montavon, 2830 Fort Worth Avenue has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “IK- 39333” Liquor License for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Dominic Montavon, 2830 Fort Worth Avenue for Liquor Manager Designation in conjunction with the Class “IK-39333” Liquor License for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue with the stipulation that Mr. Montavon complete a state approved alcohol server/seller training program. Item G7 #2008-302 - Approving Community Oriented Policing (COPS) Secure Our Schools Grant Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: October 28, 2008 Subject: COPS Secure Our Schools Grant Item #’s: G-7 Presenter(s): Steven Lamken, Police Chief Background The Police Department in partnership with the Grand Island Public Schools applied for a federal Community Oriented Policing Secure Our Schools Grant in 2008. The grant provides funding for the installation of cameras and security equipment at four elementary schools in Grand Island. The Grand Island Public Schools will be providing the match costs of the grant. We received formal notification that the Police Department has been awarded a $95,612.00 grant. Discussion The Police Department applied for a COPS Secure Our Schools grant in 2008 in partnership with the Grand Island Public Schools. Grant funds are awarded to improve and enhance school security. The grants benefit schools; however, the applicant must be a law enforcement agency in partnership with the schools. The Police Department was informed that we have been awarded a $95,612.00 Secure Our Schools grant. We have budget approval for the grant funds and Grand Island Public Schools are providing the matching funds required with the grant. It is our understanding that the funds are going to be used to provide camera security systems at four of our grade schools. This is a continuation of the School System's efforts to enhance security at all of the schools. The camera systems will provide access to our officers via the Internet during an incident or time of crisis. 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 acceptance of a federal Secure Our Schools grant from the Community Oriented Policing Services Office for $95,612.00. Sample Motion Move to approve the acceptance of a federal Secure Our Schools grant from the Community Oriented Policing Services Office for $95,612.00 in cooperation with the Grand Island Public Schools for the purpose of improving and enhancing security at schools in the City. Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-302 WHEREAS, the Police Department in partnership with the Grand Island Public Schools applied for a federal Community Oriented Policing Secure Our Schools grant; and WHEREAS, the purpose of the grant is to provide improved security at schools with the installation of security camera systems; and WHEREAS, the Grand Island Public Schools are providing required matching funds for the grant and will be responsible for the installation and maintenance of the security camera systems; and WHEREAS, the Police Department has been approved for a $95,612.00 Secure Our Schools grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that that the Mayor be, and hereby is, authorized and directed to accept federal Community Oriented Policing Secure Our Schools Grant, 2008CKWX0713 for the amount of $95,612.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-303 - Approving Acquisition of Utility Easement - 4220 Lariat Court - Boehle This item is related to the aforementioned Public Hearing Item E-3. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-303 WHEREAS, a public utility easement is required by the City of Grand Island, from Jonathan R. Boehle and Shannon K. Boehle, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 28, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the most northwesterly corner of Lot Eleven (11) Western Heights Second Subdivision in Grand Island, Hall County, Nebraska; thence southerly along the common boundary line between said Lot Eleven (11) and Lot Ten (10) said Western Heights Second Subdivision, a distance of one hundred seventy eight and sixty hundredths (178.60) feet to a point on the Lariat Court cul-de-sac right-of-way; thence southeasterly along the said cul-de-sac right-of-way, having a radius of sixty (60.0) feet, an arc distance of five and one hundredth (5.01) feet to a point being five (5.0) feet distant and perpendicular to the common boundary line between said Lot Eleven (11) and said Lot Ten (10); thence northeasterly, parallel with and five (5.0) feet distant from said boundary line between said Lot Eleven (11) and said Lot Ten (10) to a point on the northerly line of said Lot Eleven (11); thence westerly along the northerly line of said Lot Eleven (11), a distance of five and ninety four hundredths (5.94) feet to the said point of beginning. The above-described easement and right-of-way containing 0.021 acres, more or less, as shown on the plat dated 10/1/2008, 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 Jonathan R. Boehle and Shannon K. Boehle, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G9 #2008-304 - Approving Acquisition of Utility Easement - Between 3305 and 3333 Old Potash Hwy. - State of Nebraska Dept. of Roads This item is related to the aforementioned Public Hearing Item E-4. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-304 WHEREAS, a public utility easement is required by the City of Grand Island, from the State of Nebraska, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 28, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West; thence easterly along the northerly line of the said Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4), a distance of six hundred eighty seven (687.0) feet; thence southerly and parallel with the westerly line of the said Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4), a distance of thirty three (33.0) feet to a point on the southerly right-of-way line of Old Potash Highway, said point also being the ACTUAL Point of Beginning; thence S01°30’49”E along the westerly line of Antonson Second Subdivision and its northerly extension, a distance of three hundred twenty and eighteen hundredths (320.18) feet; thence S88°29’11”W, a distance of twenty (20.0) feet; thence N01°30’49”W and parallel with the westerly line of said Antonson Second Subdivision, a distance of one hundred fifty eight and thirteen hundredths (158.13) feet; thence N39°50’40”W, a distance of thirty eight and twenty six hundredths (38.26) feet; thence N88°39’20”W, a distance of sixty two and eighty seven hundredths (62.87) feet; thence N01°20’40”E, a distance of twenty (20.0) feet; thence S88°39’20”E, a distance of seventy one and ninety five hundredths (71.95) feet; thence S39°50’40”E, a distance of twenty two and three hundredths (22.03) feet; thence N01°30’49”W and parallel with the westerly line of said Antonson Second Subdivision, a distance of one hundred thirty and four hundredths (130.04) feet; thence N89°06’00”E along the southerly right-of-way line of said Old Potash Highway, 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 0.19 acres, more or less, as shown on the plat dated 10/1/2008, 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 the State of Nebraska, on the above-described tract of land. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-305 - Approving Farm Management Authority with Farmer’ s National Company (FSA) Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Attorney Meeting: October 28, 2008 Subject: Approving Farm Management Authority with FSA Item #’s: G-10 Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor, Attorney Background The city owns several farm properties that are rented each year to farm tenants. The properties are professionally managed by Farmer’s National Company. Representatives from that company must sign documents and forms with Federal agencies such as the Farm Service Agency of the USDA. Discussion Randy Hartmann who was previously authorized to sign documents on behalf of the City has moved to a different position within Farmer’s National Company and Tim Johnson with Farmer’s National will be taking over the management duties with respect to the City’s farm properties. New authorization documents will be needed. 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 authorizing Tim Johnson of Farmer’s National Company to sign farm-related documents and forms on behalf of the City with various Federal Agencies. Sample Motion Motion to authorize Tim Johnson of Farmer’s National Company to sign farm-related documents and forms on behalf of the City with various Federal Agencies. Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney R E S O L U T I O N 2008-305 WHEREAS, Farmers National Company of Grand Island, Nebraska, is under contract with the City of Grand Island to manage its farm properties; and WHEREAS, Tim Johnson of Farmer’s National Company is taking over the management duties; and WHEREAS, Margaret Hornady was duly elected Mayor and currently has authority to sign documents on behalf of the City of Grand Island, Nebraska NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Tim Johnson of Farmers National Company is authorized to sign forms and documents to Federal agencies, including, but not limited to, the FSA and the USDA related to the management of the City’s farm properties. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute any necessary powers of attorney or authorization forms needed to grant this authority to Tim Johnson. Nothing in this resolution is intended to authorize Tim Johnson to sell or encumber the City’s property other than leases and related documents in the ordinary course of business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-306 - Approving Settlement of Home Deferred Loan (Clifford H. Nelson) Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: October 28, 2008 Subject: Authorize Settlement of Home Deferred Loan Item #’s: G-11 Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor, Attorney Background The City has loaned money to homeowners through various grant programs. Many of these loans are deferred and forgiven if the homeowner lives in the property for a specified number of years. Clifford H. Nelson passed away in the final year of a 15 year deferred note. Discussion The City Council has authority to resolve disputes and settle claims of this nature. The Personal Representative of the estate is offering to settle the note for 1/15 of the face amount. The settlement would therefore be $1,334.00. This would be consistent with the practice of current grant programs which are designed to forgive debt on a pro-rata basis. If Mr. Nelson had lived until May 12, 2009, the entire debt would have been forgiven under the terms of the note and Trust Deed. The offer appears to be fair and reasonable under the circumstances. A resolution to accept the offer and authorizing the Mayor to sign a deed of reconveyance will be needed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Take no action 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve a resolution accepting the settlement and authorizing the Mayor to sign release documents. Sample Motion Move to approve a resolution accepting the settlement offer of $1,334.00 and authorizing the Mayor to sign release documents. SUBSTITUTION OF TRUSTEE Wesley D. Nespor, attorney at law, is hereby appointed successor trustee under the trust de ed executed by Clifford H. Nelson as Trustor, in which the City of Grand Island, Nebraska is named Beneficiary and the Grand Island City Attorney as Trustee, and filed for record May 13, 1994, and recorded as Instrument No. 94104009 in the office of the Register of Deeds Records of Hall County, Nebraska. The trust property affected is legally described as follows: Lots Twenty-two and Twenty-three, Hawthorne Place addition to the City of Grand Island, Hall County, Nebraska. Beneficiary requests the Trustee to reconvey the property. _____________________________________ Margaret Hornady, Mayor STATE OF NEBRASKA ) ) ss. COUNTY OF HALL ) On this ______ day of _______________________ 2008, before me, the undersigned, a General Notary Public, duly commissioned and qualified, personally came Margaret Hornady, Mayor of Grand Island, Nebraska, and acknowledged the execution of this substitution to be her voluntary act and deed on behalf of the Beneficiary. WITNESS my hand and notary seal the day and year last above written. _____________________________________ Notary Public DEED O F RECONVEYANCE KNOW ALL BY THESE PRESENTS: THAT WHEREAS, the indebtedness secured by the Deed of Trust executed by Clifford H. Nelson, a single person, Trustor , to the Grand Island City Attorney, named therein, Trustee, for the benefit of the City of Grand Island, the Beneficiary named therein, dated May 12, 1994 and filed for record on the 13th day of May, 1994 and recorded as Instrument 94104009 in the office of the Register of Deeds of Hall County, Nebraska, which secured an original indebtedness in an amount up to Twenty Thousand Dollars and Zero Cents ($20,000.00), and said Beneficiary has requested in writing that this Deed of Reconveyance be executed and delivered; NOW THEREFORE, in consideration of such payment and in accordance with the request of the Beneficiary named therein, the undersigned as Trustee does by these presents, grant, remise, release and reconvey to the person or persons entitled thereto all the interest and estate derived to said Trustee by or through said Deed of Trust in the following described premises: Lots Twenty-two and Twenty-three, Hawthorne Place addition to the City of Grand Island, Hall County, Nebraska. which has the address of 928 S. Sycamore Street, together with all buildings, fixtures, improvements, and appurtenances belonging to such premises. Signed this ________ day of _____________________ 2008. _____________________________________ Wesley D. Nespor, Attorney, Trustee STATE OF NEBRASKA ) ) ss. COUNTY OF HALL ) On this ______ day of _______________________ 2008, before me, the undersigned, a General Notary Public, duly commissioned and qualified, personally came Wesley D. Nespor, Attorney at Law, Trustee, and acknowledged the execution of this instrument was his voluntary act and deed as Trustee. WITNESS my hand and notary seal the day and year last above written. _____________________________________ Notary Public Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-306 WHEREAS, the City Council has authority to settle disputes and claims NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to accept $1,334.00 as settlement for the obligation of Clifford H. Nelson on Lots 22 and 23, Hawthorne Place, Grand Island , Hall County, Nebraska and authorizing the Mayor to sign any necessary release documents. . - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-307 - Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan This item is related to the aforementioned Public Hearing Item E-5. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski, Dehn Renter, Chairman City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-307 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on October 28, 2008; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-308 - Approving Continuation of Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision Tuesday, October 28, 2008 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: October 28, 2008 Subject: Approving Continuation of Sanitary Sewer No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background Sanitary Sewer District 526 was created by the City Council on September 9, 2008. Legal notice of the creation of the District was published in the Grand Island Independent on September 13, 2008. A letter and copy of Ordinance No. 9183 was mailed to the affected property owner. Discussion The district completed the 30-day protest period at 5:00 p.m., Monday, October 13, 2008. There were no protests filed against this District. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the continuation of Sanitary Sewer District No. 526. Sample Motion Move to approve the continuation of Sanitary Sewer District 526. Approved as to Form ¤ ___________ October 22, 2008 ¤ City Attorney R E S O L U T I O N 2008-308 WHEREAS, Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision, was created by Ordinance No. 9183 on September 9, 2008; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, that said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on October 13, 2008, and no protests representing the District frontage were received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 526, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-309 - Approving Bid Award for Repair of Concrete Surfaces of Odorous Air Scrubbing Filter (Bio-Filter) at the Waste Water Treatment Plant Tuesday, October 28, 2008 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: October 28, 2008 Subject: Approving Bid Award for Repair of Concrete Surfaces of Odorous Air Scrubbing Filter (Bio -Filter) at the Waste Water Treatment Plant Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background On October 14, 2008 the Waste Water Division of the Public Works Department advertised for bids for the application of a corrosive resistant coating system to concrete surfaces of the odorous air scrubbing filter (Bio-Filter) at the Waste Water Treatment Plant. The Bio-Filter is used to scrub odorous air from portions of the solids handling processes at the plant. Discussion Four (4) bids were received and opened on October 21, 2008. The Purchasing and Waste Water Divisions for the City have reviewed the bids. Mongan Painting of Cherokee, Iowa has met all specifications for the application. It is being recommended that staff of the Waste Water Division perform the removal of the fiberglass angle, which will reduce the bid of Mongan Painting from $45,077.69 to $41,481.29. 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 Public Works Administration recommends that the Council approve awarding the bid for the application of a corrosive resistant coating system to concrete surfaces of the odorous air scrubbing filter (Bio-Filter) at the Waste Water Treatment Plant to Mongan Painting of Cherokee, Iowa in the amount of $41,481.29. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 21, 2008 at 11:15 a.m. FOR: Application for Corrosive Resistant Coating System to Concrete Surfaces of Odorous Air Scrubbing Filter at WWTP DEPARTMENT: Public Works ESTIMATE: $40,000.00 FUND/ACCOUNT: 53030051-85325 PUBLICATION DATE: October 14, 2008 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: The Diamond Engineering Co. Industrial Process Technology, Inc. Grand Island NE Mitchell SD Bid Security: Universal Surety Company Travelers Casualty & Surety Co. Exceptions: None None Bid Price: $69,012.05 $55,378.23 Bidder: Mongan Painting Lindner Painting, Inc. Cherokee, IA Lincoln, NE Bid Security: Merchants Bonding Company Merchants Bonding Company Exceptions: None Noted Bid Price: $45,077.69 93,163.20 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Roger Scott, WWTP P1297 RESOLUTION 2008-309 WHEREAS, Advertisement to Bidders for Application of a Corrosive Resistant Coating System to Concrete Surfaces of the Odorous Air Scrubbing Filter (Bio-Filter) at Waste Water Treatment Plant was published in the Grand Island Daily Independent on October 14, 2008; and WHEREAS, the City of Grand Island invited sealed bids for Application of a Corrosive Resistant Coating System to Concrete Surfaces of the Odorous Air Scrubbing Filter (Bio-Filter) according to plans and specifications on file with the City Clerk; and WHEREAS, on October 21, 2008 bids were received, opened and reviewed; and WHEREAS, Mongan Painting Co, Inc., of Cherokee, Iowa, 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 $45,077.69; and WHEREAS, the City of Grand Island wishes to do the removal of fiberglass angle, thereby reducing the project bid by $3,596.40 and WHEREAS, the bid of Mongan Painting Co., Inc. of Cherokee, Iowa will be $41,481.29 for the Application of a Corrosive Resistant Coating System to Concrete Surfaces of the Odorous Air Scrubbing Filter (Bio-Filter); and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Mongan Painting Co., Inc. of Cherokee, Iowa, in the amount of $41,481.29 for Application of a Corrosive Resistant Coating System to Concrete Surfaces of the Odorous Air Scrubbing Filter (Bio-Filter) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form June 22, 2006 City Attorney Item G15 #2008-310 - Approving Request from Global Industries for Expansion of Easement on Property Owned by Eugene and Janice Penrose Located at 2810 East Highway 30 This item is related to the aforementioned Public Hearing Item E-7. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2008 ¤ City Attorney R E S O L U T I O N 2008-310 WHEREAS, the City desires to enter into a no-build easement contract with Global Industries, Inc. and Eugene J. Penrose and Janice K. Penrose; and WHEREAS, the Building codes adopted by the City of Grand Island require 60’ unobstructed yard spaces for unlimited areas. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized to sign on behalf of the City of grand Island, an agreement by and between the City of Grand Island, Nebraska; Global Industries, Inc.; and Eugene J. Penrose and Janice K. Penrose. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ RaNae Edwards, City Clerk Item G16 #2008-311 - Approving Identity Theft Improvement Program Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: October 28, 2008 Subject: Approving Identity Theft Prevention Program Item #’s: G-16 Presenter(s): Dave Springer, Finance Director Background The Fair and Accurate Credit Transactions Act of 2003 took effect January 1, 2008, but entities have until November 1, 2008 to comply with it. This new law requires municipalities to determine if they offer accounts susceptible to theft and if so, to create and implement a policy to detect signs of identify theft and methods to prevent-or at least mitigate the risk of-identify theft. Utilities accounts have been deemed to fall under this requirement. To comply with the Act, municipalities must develop a written program that detects signs of identity theft and responds to such signs and implement this plan and periodically review and update the plan. Discussion Last week we received a template from the League of Cities, developed by their Legal Counsel and Utilities Section Director, to cons titute the core of the required policy. We have amended this draft to include the data and information peculiar to the Grand Island utilities and a copy is available in the City Clerk’s office for review. 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 Recommendation City Administration recommends acceptance of the policy on identify theft prevention. Sample Motion Move to approve the identify theft prevention policy as presented. Approved as to Form ¤ ___________ October 24, 2008 ¤ City Attorney R E S O L U T I O N 2008-311 WHEREAS, the City of Grand Island is a retail seller of electric, water and wastewater handling services to residential and commercial customers in and around Grand Island, Nebraska; and WHEREAS, Public Law 108-159 went into effect on December 4, 2003 and amends the Fair Credit Reporting Act; and WHEREAS, such amendment, known as the FACT Act, requires creditors, including utility companies, to comply with the Act no latter than November 1, 2008; and WHEREAS, the City of Grand Island is, as defined under 15 U.S.C. 1681a(r)(5), a creditor that maintains and offers accounts for which there is a reasonably foreseeable risk of identify theft; and WHEREAS, compliance with the Act requires a creditor to create and implement a written Identity Theft Prevention Program. NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Grand Island, Nebraska that the City hereby adopts the “City of Grand Island Identity Theft Prevention Program”. BE IT FURTHER RESOLVED BY the Mayor and Council of the City of Grand Island, Nebraska that said Program is appropriate to the size and complexity of the City of Grand Island and the scope of its activities; and that the Program is reasonably calculated to identify and detect relevant Red Flags indicating a potential risk of identity theft, and includes appropriate responses to such Red Flags that will mitigate and prevent identity theft. BE IT FURTHER RESOLVED BY the Mayor and Council of the City of Grand Island that the Finance Director will review the Program from time to time in order to update policies as needed, in order to reflect changes in risks to the City’s customers. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Kenneth and Amy Friesen for Conditional Use Permit for a Parking Lot Located at 903 West Anna Street This item is related to the aforementioned Public Hearing Item E-1. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from Geotechnical Services, Inc. for Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street This item is related to the aforementioned Public Hearing Item E-2. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H3 Consideration from Electrical Board Recommending Revocation of Certificate of Registration for Stevens Electric, 1316 South Sylvan Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: October 28, 2008 Subject: Request of the City Electrical Board for Revocation of Certificate of Registration for Stevens Electric Item #’s: H-3 Presenter(s): Craig Lewis , Building Department Director Background The Grand Island City Code Section 15-46. Registration Certificate; License; Revocation, adopts the procedure for the licensing and revocation of electrical contractors within the City of Grand Island. That process is basically that the Electrical board conducts a hearing to review violations of the City and National Electric code, inappropriate trade practices, and enforcement problems presented by the electrical inspectors and after finding of fact presents a recommendation to the City Council. The Electrical board met on November 5, 2007 to review the certificate of registration for Stevens Electric, that meeting was continued to November 13, 2007 to await the outcome of the State Electric Board meeting to review Stevens Electric license scheduled for November 9, 2007. At the November 13, 2007 meeting a letter was submitted from the State Electric Board that reinstated Stevens Electric license with three conditions. The City Electrical Board then motioned to dismiss the revocation hearing against Stevens Electric with the provision that any future violations reaching the point that legal involvement is required be brought back to the board for an additional hearing. On September 4, 2008 Stevens Electric was notified that a September 25, 2008 meeting of the City Electrical Board was scheduled to review his certificate of registration because of additional violations and concerns received from citizens. At the September 25, 2008 Electrical Board meeting violations were presented along with correspondence from citizens concerning Stevens Electric and a motion was made to recommend to the City Council that Stevens Electric certificate of registration be revoked for period of one year as prescribed in the city code finding a lack of consideration for regulations, lack of timely repairs and corrections to deficiencies identified, continual code violations, failure to obtain permits in a timely manor, abandonment of jobs, inconsistent trade practices, excessive amount of time required from electrical inspectors and city personal in the enforcement of code regulations regarding Stevens Electric, and provisions stated in section 15-46 of the Grand Island City Code. Discussion The City Electrical Board has conducted a review of the past practices of Stevens Electric and found justification for a recommendation to the City Council that the certificate of registration be revoked for a period of one year as prescribed in the City Code. That revocation would prohibit Stevens Electric from operating within the City and its jurisdictional area for a one year period; it would not take away the State license that would allow Mr. Stevens to work as an electrician for an electrical contractor or from doing electrical work within other jurisdictions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation from the City Electrical Board and revoke the certificate of registration of Stevens Electric for one year, finding just cause as identified by the Electrical Board. 2. Disapprove or /Deny the recommendations from the Electrical Board and allow Stevens Electrical to continue to operate.. 3. Modify the request to meet the wishes of the Council 4. Refe r the matter to a special committee for a determination of a finding of fact. 5. Table the issue. Recommendation City Staff recommends that the Council approve the recommendation of the City Electrical Board and revoke the certificate of registration for Stevens Electric for 12 months as prescribed in City Code section 15-46. Sample Motion Move to approve the recommendation of the City Electrical Board and revoke the certificate of registration for Stevens Electric for a one year period. Item J1 Approving Payment of Claims for the Period of October 15, 2008 through October 28, 2008 The Claims for the period of October 15, 2008 through October 28, 2008 for a total amount of $3,399,918.62. A MOTION is in order. Tuesday, October 28, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council