The URL can be used to link to this page

07-27-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, July 27, 2010 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 Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck 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 This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Proclamation "Blue Ribbon Roll Out Week" August 2 - 8, 2010 The Nebraska State Fair started in 1868 and has been held at the State Fair Park in Lincoln since that time (108 years). Beginning in 2010, the Nebraska State Fair will be held at Fonner Park in Grand Island. The Nebraska State Fair 1868 Foundation, a non-profit organization whose purpose is to raise private funds for the Nebraska State Fair, will be celebrating the sixth annual "Blue Ribbon Roll Out" on Saturday, August 7, 2010 to raise funds for improvements to the grounds and facilities. The Mayor has proclaimed the week of August 2-8, 2010 as "Blue Ribbon Roll Out Week". See attached PROCLAMATION. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on Acquisition of Utility Easement - Between One R and White Cloud Roads and between North and Engleman Roads - George and Sherril Albin Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Acquisition of Utility Easement – Between One R and White Cloud Roads and between North and Engleman Roads – George and Sherril Albin Item #’s: E-1 & G-9 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by George and Sherril Albin, located between One R and White Cloud Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $2,458.63 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 Two Thousand Four Hundred Fifty-Eight and 63/100 Dollars ($2,458.63). Sample Motion Mocw to approve acquisition of the Utility Easement. Item E2 Public Hearing on Acquisition of Utility Easement - Between One R and White Cloud Roads and between North and Engleman Roads - Michael and Heidi Isley Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Acquisition of Utility Easement – Between One R and White Cloud Roads and between North and Engleman Roads – Michael and Heid i Isley Item #’s: E-2 & G-10 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Michael and Heidi Isley, located between One R and White Cloud Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $1,500.00 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 Thousand Five Hundred and 00/100 Dollars ($1,500.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing on Acquisition of Utility Easement - Between Abbott and White Cloud Roads and between North and Engleman Roads - Robert and Reburta Wenzl (#1) Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Acquisition of Utility Easement – Between Abbott and White Cloud Roads and between North and Engleman Roads – Robert and Reburta Wenzl (Tract #1) Item #’s: E-3 & G-11 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Robert and Reburta Wenzl, located between Abbott White Cloud Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $12,903.00. 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 Twelve Thousand Nine Hundred Three and 00/100 Dollars ($12,903.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Acquisition of Utility Easement - Between One R and Chapman Roads, and between North and Engleman Roads - Robert and Reburta Wenzl (#2) Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Acquisition of Utility Easement – Between One R and Chapman Roads and between North and Engleman Roads – Robert and Reburta Wenzl (Tract #2) Item #’s: E-4 & G-12 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Robert and Reburta Wenzl, located between One R and Chapman Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $24,442.36. 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 Twenty-four Thousand Four Hundred Forty-two and 36/100 Dollars ($24,442.36). Sample Motion Move to approve acquisition of the Utility Easement. Item E5 Public Hearing on Acquisition of Utility Easement - Between One R and White Cloud Roads and between North and Engleman Roads - Robert and Dianna Mettenbrink Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Acquisition of Utility Easement – Between One R and White Cloud Roads and between North and Engleman Roads – Robert L. Mettenbrink Jr. and Dianna K. Mettenbrink Item #’s: E-5 & G-13 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Robert Mettenbrink Jr. and Dianna Mettenbrink, located between One R and White Cloud Roads and between North and Engleman Roads, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $23,949.90. The price includes relocation of an existing irrigation well. 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 Twenty Three Thousand Nine Hundred Forty Nine and 90/100 Dollars ($23,949.90). Sample Motion Move to approve acquisition of the Utility Easement. Item E6 Public Hearing on Annexation Request of a Tract of Land Being Platted as Lake Heritage Second Subdivision located at the Southeast Corner of U.S. Highway 34 and Blaine Street Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 27, 2010 Subject: Lake Heritage Annexation - Public Hearing & Ordinance (First Reading) (C-18-2010GI) Item #’s: E-6 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located at the southeast corner of the intersection of Blaine Street and U.S. Highway 34, into the Grand Island City Limits see the attached map. The owner of this property has submitted Lake Heritage Second Subdivision as an addition to the City of Grand Island and by doing so asked Council to consider annexation of this property. Discussion On July 7, 2010 the Hall County Regional Planning Commission held a public hearing before considering this matter. O’Neill opened the Public Hearing. No members of the public testified at the hearing held by the Regional Planning Commission. Nabity explained this property is contiguous with the Grand Island City Limits. The owners have requested that Lake Heritage Subdivision be approved as an addition to the City so that they could receive subdivision approval. These properties are within the Grand Island Utilities Electrical Service District. These properties are all within the Cedar Hollow/Northwest School District. These annexations will not impact the two-mile extraterritorial jurisdiction of Grand Island. Water is available to the property. Sewer is available to the southern edge of property in Bass Road. Lots fronting onto Blaine Street and U.S. Highway 34 are estate sized lots 3+ acres and do not have sewer available. Septic systems will be permitted on these lots until such time as sewer can be extended. 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 of property south of US Hwy 34 and east of Blaine also to approve the Preliminary and Final Plat of Lake Heritage 2nd Subdivision as submitted and seconded by Haskins. A roll call vote was taken and the motion passed with 9 members present voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Eriksen, Haskins) and no member present voting against. Sample Motion Approve the annexation as Submitted. ANNEXATION PLAN –June 2010 June, 2010 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. 9. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 10. Provide long term visioning abilities as it relates to growth and provision of services. Other Factors Anne xation of adjacent properties can also be considered upon the request of the owner(s) of the property. The Jerome W. Niedfelt Revocable Trust has submitted Lake Heritage Second Subdivision for approval as an addition to the City. A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area. Water lines are available to this property and extensions can be made to those portions not adjacent to water lines. A private sewer line is available along the south side of the property and the developers will be responsible for negotiating connections o the sewer line. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. Lake Heritage Second Subdivision Property This property is located along in southeast Grand Island and is south of U.S. Highway 34 east of Blaine Street. The City of Grand Island provides electric services to the area. Sewer is available to portions of this property and water is available or can be extended to serve all lots in the subdivision. INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 90 FTE and 9 PTE. The Police Department is staffed at a rate of 1.66 officers per one thousand populations. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #3 located at Webb Road and Stolley Park Road, approximately 2 miles from the nearest part of the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area through existing sewer lines where available. Service to the lots along Blaine Street and U.S. Highway 34 will require the installation of septic systems until such time as sewer lines are extended. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing The portions of Blaine Street and Bass Road adjacent to the subdivision will become city streets. U.S. Highway 34 is maintained by the State of Nebraska Department of Roads. 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. Water service to this area is available. 8. Maintenance of Parks, Playgrounds, and Swimming Pools. No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available to portions of the property. New mains will be required to serve the remainder at some point in the future. Roads and Streets Approximately 1 mile of street will be added Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District Already ????? Financial Impacts of Lake Heritage Subdivision Annexation Financial Impact Before Annex After Annex Property Valuation $108,740 $300,000 City sales tax now applicable Yes Assume $108,740 Property 2007 Tax Levy Before Annex Tax Levy After Annex City Levy 0.000000 $0.00 0.207213 $621.64 City Bond 0.000000 $0.00 0.065287 $195.86 CRA 0.000000 $0.00 0.018076 $54.23 Hall County 0.430262 $188.09 0.430262 $1290.79 Rural Fire 0.052291 $22.86 $0.00 Fire Bond* 0.010873 $4.75 0.010873 $32.62 GIPS School 1.071624 $3214.87 Bond 0.081182 $243.55 Bond 0.044883 $134.65 NW School 82 1.062440 $464.46 $0 Bond 0.051780 $22.64 0.051780 $155.34 Bond 0.059060 $25.82 0.059060 $177.18 ESU 10 0.01500 $6.56 0.01500 $45.00 CCC 0.099275 $43.40 0.099275 $297.83 CPNRD 0.047295 $20.68 0.047295 $141.89 Ag Society 0.004350 $1.90 0.004350 $13.05 Airport 0.012342 $5.40 0.012342 $37.03 Airport Bond 0.010737 $4.69 0.010737 $32.21 Total Combined 1.855705 $811.24 2.229239 $6,687.72 *previously approved bond will remain with property until paid off Item F1 #9265 - Consideration of Amending Chapters 8, 15, 17, 18, 26, and 31 of the Grand Island City Code Relative to Insurance and Sign Hanger’s Licenses Tuesday, July 27, 2010 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: July 27, 2010 Subject: Amend City Code Sections to Modify Insurance Requirements and Provide Uniformity throughout the City Code Item #’s: F-1 Presenter(s): Craig Lewis, Building Department Director Background The City code currently has several sections that require insurance to be provided as part of licensing or registration. The insurance industry has revised available products and services and part of the existing requirements listed in the city code are no longer available within the insurance industry. One such product is the provision for notification of the additional insured as to cancellation of the policy, standards were to provide notification of any cancellation within 30 days. That provision is no longer available from the insurance company and in the recent past I believe we received notice not from the company but from the agent as a courtesy. The City code contains insurance requirement in chapters 8- Buildings, 15- Electrical, 17- Garbage, 18- Mechanical, 26- Plumbing, and 31- Signs, all of these sections have different language identifying requirements for insurance coverage. Discussion The proposed ordinance would amend City code sections to provide uniform language and modify the requirements of insurance coverage to meet current industry standards. The amounts of coverage does not change but the language provides uniformity in the code sections and deletes the notification no longer available within the industry. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the proposed ordinance. 2. Disapprove or /Deny the proposed ordinance. 3. Modify the Ordinance to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the proposed ordinance to modify city code section regarding insurance provision. Sample Motion Move to approve the proposed ordinance as presented. Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney ORDINANCE NO. 9265 An ordinance to amend Chapter 8 of the Grand Island City Code, Section 8-76 pertaining to insurance on moving buildings and Section 8-100 pertaining to insurance on razing and demolishing buildings; to amend Chapter 15 of the Grand Island City Code, Section 15-35 pertaining to registration for electrical contractors and Section 15-36 pertaining to insurance for electrical; to amend Chapter 17 of the Grand Island City Code, Section 17-29 pertaining to insurance for collection, transportation and disposal of garbage; to amend Chapter 18 of the Grand Island City Code, Section 18-43 and Section 18-57 pertaining to insurance for mechanical contractors; to amend Chapter 26 of the Grand Island City Code, Section 26-41 pertaining to insurance for plumbing contractors and Section 26-53 pertaining to water conditioning contractor's licenses; and to amend Chapter 31 of the Grand Island City Code, Section 31-3 pertaining to sign hanger's licenses; to repeal Sections 8-76; 8-100; 15-35; 15-36; 17-29; 18-43; 18-57; 26-41; 26-53 and 31-3 as now existing, and any ordinance or parts of ordinances 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 8-76 and Section 8-100 of the Grand Island City Code are hereby amended to read as follows: §8-76. Insurance (1) Every registranttion shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, and amounts, and provisions: (a1) Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b2) A provision makingthat the City of Grand Island is an additional insured as tofor any third party claims for bodily injury or property damage based upon occurrences in connection with the registrant's operations, including completed operations, within the City's zoning jurisdiction. ORDINANCE NO. 9265 (Cont.) - 2 - (cB) The registrant shall furnish the Ccity of Grand Island Bbuilding Ddepartment with a certificate or certificates of insurance for the above insurance coverage. which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. 9143, effective 1-1-2008 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. ______, effective ________ §8-100. Insurance (1) Every registrant shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, and amounts , and provisions: (a) Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b) A provision making tThe City of Grand Island an additional insured shall be listed as an additional party insured as tofor any third party claims for bodily injury or property damage based upon occurrences in connection with the registrant's operations, including completed operations, within the City's zoning jurisdiction. (c2) The registrant shall furnish the City of Grand Island Bbuilding Ddepartment with a certificate or certificates of insurance for the above insurance coverage, which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. 9143, effective 1-1-2008 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. ______, effective ________ SECTION 2. Section 15-35 and Section 15-36 of the Grand Island City Code are hereby amended to read as follows: §15.35. Registration Required No person shall engage in the business of installing, altering, or repairing any electrical wiring, fixtures, or apparatus for any purpose whatsoever in the City of Grand Island without first obtaining a Certificate of Registration as an electrical contractor. in the City until such person is registered in the Building Department as a contracting electrician. (A) Registration; Individual. No person shall be registered as a contracting electrician unless he or she is licensed as an electrical contractor or a master electrician and has the required insurance. All licenses shall be current and issued by the State of Nebraska. (B) Registration; Firm, Corporation. No firm, association, or corporation shall be registered as a contracting electrician unless the proper officers of the concern shall certify to the building department director that an identified licensed contracting electrician or master electrician is an officer, member, or a regular employee of such concern and that such electrical contractor or master electrician will be in direct supervision of all the electrical wiring work contracted and done by such concern, and unless such concern has the required insurance. (C) Registration Certificate; Fee. The fee to be collected by the building department for the registration of contracting electricians shall be in accordance with the City of Grand Island Fee Schedule. (D) Registration Certificate. The building director shall issue a certificate of registration to any contracting electrician applying for such and qualifying under the provisions of this article, for a period beginning on the date thereof and expiring on December 31 of the same year. The holder of the certificate shall display same at his or her regular place of business. ORDINANCE NO. 9265 (Cont.) - 3 - (E) Registration Certificate; Renewal. Renewal of a registration certificate may be obtained upon the showing of qualifications as provided for in this article and upon the payment of the proper fee. Amended by Ordinance No. ______, effective ________ §15-36. InsuranceRegistration and Insurance Required (1) Every registrant shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, amounts, and provisions: (a) Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the registrant's operations, including completed operations, within the City's zoning jurisdiction. (c) The registrant shall furnish the City of Grand Island Building Department a certificate or certificates of insurance for the above insurance coverage. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. (A) No person shall engage in the business of installing, altering, or repairing any electrical wiring, fixtures, or apparatus for any purpose whatsoever in the City without first having obtained a Certificate of Registration as a contracting electrician. (B) Every licensee shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, amounts, and provisions: (1) Comprehensive general liability insurance covering the operations of the licensee, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (2) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's business operations, including completed operations, within the City's zoning jurisdiction. (3) The licensee shall furnish the City a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. Amended by Ord. No. 9144, effective 01/01/2008 Amended by Ord. No. _____, effective ________ SECTION 3. Section 17-29 of the Grand Island City Code is hereby amended to read as follows: §17-29. Insurance (1A) Every registrant licensee shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the in the following coverages, amounts , and provisions: (a1) Worker's Compensation insurance in compliance with the laws of Nebraska, and Employer's Liability insurance with limits of not less than $100,000; except that a sole proprietor applying for a refuse hauler license who has no employees shall be exempt from providing proof of Worker's Compensation insurance. (b2) Comprehensive General Liability Insurance covering the operations of the licenseeregistrant with limits of not less than $500,000 per occurrence for bodily injury and property damage. (cB) The licenseeregistrant shall furnish the City of Grand Island cCity cClerk a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. ORDINANCE NO. 9265 (Cont.) - 4 - Amended by Ord. No. ______ effective ________ SECTION 4. Section 18-43 and Section 18-57 of the Grand Island City Code are hereby amended to read as follows: §18-43. Insurance (1) Every registrantlicensee shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, and amounts, and provisions:. (a) Comprehensive General Liability Insurance covering the operations of the licenseeregis trant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's businessregistrant's operations, including completed operations, within the City's zoning jurisdiction. (c2) The licenseeregistrant shall furnish the City of Grand Island Building Department with a certificate or certificates of insurance for the above insurance coverage. which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ord. No. ______ effective ________ §18-57. Insurance (1A) Every registrantmechanical contractor shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages , and amounts, and provisions:. (a1) Comprehensive General Liability Insurance covering the operations of the licenseeregistrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. (b2) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's businessregistrant's operations, including completed operations, within the City's zoning jurisdiction. (cB) The registrantSaid contractors shall furnish the City of Grand Island Building Department a certificate or certificates of insurance for the above insurance coverage. which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. ______, effective ________ SECTION 4. Section 26-41 and Section 26-53 of the Grand Island City Code are hereby amended to read as follows: §26-41. Insurance (1) Every licenseeregistrant shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, and amounts, and provisions:. (a) Comprehensive General Liability Insurance covering the operations of the licenseeregistrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and ORDINANCE NO. 9265 (Cont.) - 5 - property damage. (b) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's businessregistrant's operations, including completed operations, within the City's zoning jurisdiction. (c2) The licenseeregistrant shall furnish the City of Grand Island Building Department with a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. 9118, effective 05-15-2007 Amended by Ordinance No. _____, effective _________ §26-53. Water Conditioning Contractor (1) No person shall engage in the water conditioning appliance business in the city of Grand Island as a water conditioning contractor without first obtaining a license to do so from the Board.certificate of registration as a water conditioning contractor. (2) In case of any firm of more than one person or partnership engaged in the business of installing water conditioning appliances, only one of such persons shall be required to qualify for a contractor's license. In case of corporations, only one officer shall be required to qualify for such license. (3) No license as a water conditioning contractor shall be issued by the City of Grand IslandBoard unless the applicant therefore first shall have passed the examination for water conditioning installer as prescribed by this article, and shall have a regularly established place of business wherein he or she shall have posted in a conspicuous place the license issued pursuant to this article. (4) Every licenseeregistrant shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska with the following coverages, and amounts, and provisions:: (a) Comprehensive General Liability Insurance covering the operations of the licenseeregistrant, including coverage for completed operations, with limits of not less than $300,0001,000,000 per occurrence for bodily injury and property damage. (b) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's businessregistrant's operations, including completed operations, within the City's zoning jurisdiction. (c5) The licenseeregistrant shall furnish the City of Grand Island Building Department a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. ______, effective ________ SECTION 5. Section 31-3 of the Grand Island City Code is hereby amended to read as follows: §31-3. Sign Hanger's License Contractor (1) No person shall It shall be unlawful for any person to engage in the business of sign hanging in the City of Grand Island without first obtaining a Certificate of Registration as a sign hanger contractor. license for such business from the City, and without maintaining comprehensive liability insurance as provided herein. (2) The fee for a sign hanger's license shall be in accordance with the City of Grand Island Fee Schedule. (3) Every licenseeregistrant shall maintain in full force and effect an insurance policiesy written by a company or companies authorized to do business in the State of Nebraska with the following coverages , and amounts, and provisions: ORDINANCE NO. 9265 (Cont.) - 6 - (aA) Comprehensive Ggeneral Lliability insurance covering the operations of the licenseeregistrant, including coverage for completed operations coverage, with limits of not less than $300,0001,000,000 per occurrence for bodily injury and property damage; (bB) A provision making the City of Grand Island an additional named insured for anyll third party bodily injury and property damage claims for bodily injury or property damage based upon arising out of occurrences in connection with the licenseeregistrant's operations, including completed operations, within the City's zoning jurisdiction; (cC) The registrant shall furnish the City of Grand Island Building Department a certificate or certificates of insurance for the above insurance coverage. A provision that said policy or policies may not be canceled without written notice of such cancellation having been served on the City at least thirty days prior to the date of cancellation. (d) Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. Amended by Ordinance No. ______, effective ________ SECTION 6. Sections 8-76; 8-100; 15-35; 15-36; 17-29; 18-43; 18-57; 26-41; 26-53 and 31-3 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 8. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: July 27, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9266 - Consideration of Annexation Request of a Tract of Land Being Platted as Lake Heritage Second Subdivision located at the Southeast Corner of U.S. Highway 34 and Blaine Street (First Reading) This item relates to the aforementioned Public Hearing Item E-6. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney ORDINANCE NO. 9266 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 at U.S. Highway 34 and Blaine Street being platted as Lake Heritage Second Subdivision an Addition to the City of Grand Island along with all adjoining public Right-of-Way in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; 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 July 7, 2010, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: A tract of land comprised of Lots One (1), Two (2), Three (3), Four (4), Five (5) and Outlot A of Lake Heritage Second Subdivision an Addition to the City of Grand Island and all adjoining public Right-of-Way in Hall County, Nebraska, WHEREAS, after public hearing on July 27, 2010, the City Council of the City of Grand Island found and determined that such annexation be approved; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9266 (Cont.) - 2 - WHEREAS, on July 27, 2010, 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 this annexation will have no impact on the extraterritorial zoning jurisdiction. (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 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 is hereby approved and ratified as amended. ORDINANCE NO. 9266 (Cont.) - 3 - 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 herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. 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: July 27, 2010. ORDINANCE NO. 9266 (Cont.) - 4 - ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9266 (Cont.) - 5 - Item G1 Approving Minutes of July 12, 2010 Annual Joint Central District Health Department Meeting Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF JOINT HEALTH SPECIAL MEETING July 12, 2010 Pursuant to due call and notice thereof, a Special Joint Meeting of the City Council of the City of Grand Island, Nebraska, the Hall County Board of Supervisors, the Hamilton County Board of Commissioners, the Merrick County Board of Commissioners, and the Central District Health Department was conducted at the Grand Island Public Library, 211 North Washington Street, Grand Island, Nebraska on July 12, 2010. Notice of the meeting was given in the Grand Island Independent on July 6, 2010. Central District Health Department Board President Laurie Andrews called the meeting to order at 6:00 p.m. The following Health Board members were present: President Laurie Andrews, Dan Purdy, Vice-President (Hall Co.), Mary Ann Apfel, Steve Kunzman, Mike Bowman, Dr. Richard Fruehling, M.D., Fred Ruiz, Roger Wiegert (Merrick Co.), and Tim Bergen (Hamilton Co.). The following Hall County Supervisors were present: Robert Rye, Daniel Purdy, Daniel Wagoner, Pamela Lancaster, William (Bud) Jeffries, Gary Quandt, and Hall County Clerk Marla Conley. The following Hamilton County Board of Commissioner was present: Tim Bergen. The following Merrick County Supervisors was present: Bob Husmann and Roger Wiegert. The following City Officials were present: Councilmember’s Mitch Nickerson, John Gericke, Scott Dugan, Kirk Ramsey, and City Clerk RaNae Edwards. Health Department employees: Executive Director Teresa Anderson, Assistant Director Ryan King, Shirley Bouska, Elnida Chandler, Jeremy Eschliman, and Jeremy Collinson. Laurie Andrews welcomed the group and Theresa Anderson gave a PowerPoint presentation on the fiscal responsibility and budget for the Health Department. Presented were the following three essential services the Health Department provided as it related to the H1N1 Campaign: Assessment, Policy Development, and Assurance. The following strategies for the future were mentioned: · Continue essential services · Complete comprehensive community assessment · Assure all staff are competent in public health · Implement department-wide quality management system Ryan King updated those is attendance concerning renovating the parking lot at the Health Department. Olsson Associates were hired to do a study and make recommendations. Some funds had been set aside for this renovation. Ms. Anderson stated the risk for West Nile was low this year. Page 2, City Council Special Meeting, July 13, 2009 ADJOURNMENT: The meeting was adjourned at 6:50 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G2 Approving Minutes of July 13, 2010 City Council Regular Meeting Tuesday, July 27, 2010 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 July 13, 2010 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 July 13, 2010. Notice of the meeting was given in The Grand Island Independent on July 7, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Meyer, Niemann, Carney, Dugan, Ramsey, Nickerson, and Gericke. Councilmember’s Gilbert, Haase, and Zapata were absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director Mary Lou Brown, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Garrett Coble, Brock Schmidt, and Alec Baxter. Mentioned was Big Brothers and Big Sisters event at the Heartland Public Shooting Park and Art in the Park to be held this week-end. ADJOURN TO GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Meyer, second by Niemann, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Public Hearing and Approval of Proposed Fiscal Year 2010-2011 Annual Budget for the Grand Island Area Solid Waste Agency. Steve Riehle, Public Works Director reported that a separate hearing was required for the Solid Waste Agency Budget. The Agency budget was the same as the City Solid Waste Division budget (Fund 505) which appeared in the City’s Annual Budget Document for Fiscal Year 2010-2011. A PowerPoint presentation was presented by Jeff Wattier, Solid Waste Superintendent. Explained were the services, work being done, revenues, expenses, and the 2010-2011 Budget for the Solid Waste Landfill. No public testimony was heard. #2010-SWA-1 – Approving Adoption of FY 2010-2011 Annual Budget for the Grand Island Area Solid Waste Agency. Motion by Dugan, second by Nickerson, to approve Resolution #2010-SWA-1. Discussion was held concerning discontinuing the clean-up cards for two free dump passes. Mr. Wattier stated he felt these were not meeting the intentions they were originally created for. Contractors were using them to dump renovation waste. Motion by Gericke to amend the motion to exclude the free residential clean-up cards. Motion died due to the lack of a second. Upon roll call of the main motion, all voted aye. Motion adopted. Page 2, City Council Regular Meeting, July 13, 2010 RETURN TO REGULAR SESSION: Motion by Meyer, second by Niemann, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from La Cabana LLC dba La Cabana, 1201 South Locust Street, Suite A. Ms. Edwards presented the following exhibits for the record: application submitted to the Liq uor Control Commission and received by the City on June 11, 2010; notice to the general public of date, time, and place of hearing published on July 3, 2010; notice to the applicant of date, time, and place of hearing mailed on June 11, 2010; along with Chapter 4 of the City Code. Staff recommended denial based on discrepancies in the application that were uncovered during the investigation. Steve Dowding, 4417 Drake Lane, Attorney representing La Cabana spoke in support. No further public testimony was heard. Public Hearing on Request from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class “D” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “D” Liquor License had been received from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 21, 2010; notice to the general public of date, time, and place of hearing published on July 3, 2010; notice to the applicant of date, time, and place of hearing mailed on June 21 2010; along with Chapter 4 of the City Code. Staff recommended denial based on reputation of the applicant and false information on the application. Ralph Bradley, 202 West 3rd Street, Attorney representing Conoco One Stop spoke in support. No further public testimony was heard. Public Hearing on Request from Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C” Liquor License had been received from Doc & Fritz’s Shady Bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 21, 2010; notice to the general public of date, time, and place of hearing published on July 3, 2010; notice to the applicant of date, time, and place of hearing mailed on June 21 2010; along with Chapter 4 of the City Code. Staff recommended approval. Craig Woodward, 819 Stockyards Lane spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement located between North and Engleman Roads, and between White Cloud and One R Roads (Robert and Shirley Bruhn). Gary Mader, Utilities Director reported that acquisition of a utility easement located between North and Engleman Roads, and between White Cloud and One R Roads was needed in order to construction a 115 kV transmission interconnection to the north of the City. The negotiated price of the easement was $1,920.00. Staff recommended approval. No Public testimony was heard. Public Hearing on Acquisition of Utility Easement located between North and Engleman Roads, and between White Cloud and One R Roads (Lester and Myrna Petzoldt). Gary Mader, Utilities Director reported that acquisition of a utility easement located between North and Engleman Roads and between White Cloud and one R Roads was needed in order to construction a 115 kV Page 3, City Council Regular Meeting, July 13, 2010 transmission interconnection to the north of the City. The negotiated price of the easement was $8,642.33. Staff recommended approval. No Public testimony was heard. Public Hearing on Acquisition of Utility Easement located between North and Engleman Roads, and between Chapman and One R Roads (Thomas and Paul Rauert). Gary Mader, Utilities Director reported that acquisition of a utility easement located between North and Engleman Roads and between Chapman and one R Roads was needed in order to construction a 115 kV transmission interconnection to the north of the City. The negotiated price of the easement was $3,600.00. Staff recommended approval. No Public testimony was heard. Public Hearing on Acquisition of Utility Easement Located West of Stuhr Road and South of Fonner Park (Hall County Livestock Improvement Association). Gary Mader, Utilities Director reported that a utility easement was needed west of Stuhr Road and south of Fonner Park in order to have access to install, upgrade, maintain, and repair power appurtenances, including electric lines and a new well house. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 438 Industrial Lane, North of Old U.S. Highway 30 (L & P Investments). Gary Mader, Utilities Director reported that a utility easement was needed at 438 Industrial Lane, north of Old U.S. Highway 30 in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Two Utility Easements Located at 3303 and 3311 Firestone Street (Indianhead Golf Club. Gary Mader, Utilities Director reported that a utility easement was needed at 3303 and 3311 Firestone Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Ingress/Egress Easement Located at 3016 E. Bismark Road (Karen M. Neppl). Steve Riehle, Public Works Director reported that an ingress/egress easement was needed at 3016 E. Bismark Road in order to have access to a piece of property owned by the Wastewater Division of the Public Works Department. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent agenda item G-10 was pulled from the agenda at the Mayor’s request. Motion by Carney, second by Niemann to approve the Consent Agenda excluding item G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 22, 2010 City Council Regular Meeting. #2010-173 – Approving Acquisition of Utility Easement Located between North and Engleman Roads, and between White Cloud and One R Roads (Robert and Shirley Bruhn). #2010-174 – Approving Acquisition of Utility Easement Located between North and Engleman Roads, and between White Cloud and One R Roads (Lester and Myrna Petzoldt). #2010-175 – Approving Acquisition of Utility Easement Located between North and Engleman roads, and between Chapman and One R Roads (Thomas and Paula Rauert). Page 4, City Council Regular Meeting, July 13, 2010 #2010-176 – Approving Acquisition of Utility Easement Located West of Stuhr Road and South of Fonner Park (Hall County Livestock Improvement Association. #2010-177 – Approving Acquisition of Utility Easement Located at 438 Industrial Lane, North of Old U.S. Highway 30 (L & P Investments). #2010-178 – Approving Acquisition of Utility Easement Located at 3311 Firestone Street - Lot 4 (Indianhead Golf Club). #2010-179 – Approving Acquisition of Utility Easement Located at 3303 Firestone Street – Lot 5 (Indianhead Golf Club. #2010-180 – Approving Bid Award for Water Main Project 2009-W-6 (6th Street from Elm Street to Pine Street) with K2 Construction of Lincoln, Nebraska in an Amount of $293,911.47. #2010-181 – Approving Peter Kiewit Grant Agreement. This item was pulled from the agenda at the request of the Mayor. #2010-182 – Approving Acquisition of Ingress/Egress Easement Located at 3016 E. Bismark Road (Karen M. Neppl). #2010-183 – Approving Bid Award for Addition to Transfer Station Storage Building with Rathman & Manning Corporation of Chapman, Nebraska in an Amount of $80,750.00. #2010-184 – Approving Rescission of Resolution 736; No Parking on Both Sides of Fonner Park Road from South Locust Street to Pleasant View Drive. #2010-185 – Approving Designating No Parking on Fonner Park Road from South Locust Street to Pleasant View Drive. #2010-186 – Approving Contract for City Wellness Plan with American Healthways Services, Inc. in an Amount of $110 per participant and set up fee of $150 per location. RESOLUTIONS: #2010-187 – Consideration of Request from La Cabana LLC dba La Cabana, 1201 South Locust Street, suite A for a Class “I” Liquor License and Liquor Manager Designation for Alberto Baldovinos, 235 North Custer Street. This item related to the aforementioned Public Hearing. Discussion was held regarding the two DUI convictions and history of offenses based on the Police investigation. Motion by Gericke, second by Dugan to deny Resolution #2010-187 based on discrepancies in the application that were uncovered during the investigation. Upon roll call vote, Councilmember’s Meyer, Dugan, Ramsey, Nickerson, and Gericke voted aye. Councilmember’s Niemann and Carney voted no. Mayor Hornady voted aye to make the sixth deciding vote. Motion adopted. Page 5, City Council Regular Meeting, July 13, 2010 #2010-188 – Consideration of Request from Lily, Inc. dba Conoco One Stop, 2105 West 2nd Street for a Class “D” Liquor License and Liquor Manager Designation for Mohammad Kalam, 2307 West 1st Street. This item related to the aforementioned Public Hearing. Discussion was held regarding past violations and a previous license that had voluntarily been returned to the Liquor Control Commission due to violations. Motion by Gericke, second by Ramsey to deny Resolution #2010-188 based on the reputation of the applicant and false information on the application. Upon roll call vote, Councilmember’s Niemann, Dugan, Ramsey, Nickerson, and Gericke voted aye. Councilmember’s Meyer and Carney voted no. Mayor Hornady voted aye to make the sixth deciding vote. Motion adopted. #2010-189 – Consideration of Request from Doc & Fritz’s Shady bend LLC dba Doc & Fritz’s Shady Bend, 3409 East Highway 30 for a Class “C” Liquor License and Liquor Manager Designation for Craig Woodward, 819 Stockyards Lane. This item related to the aforementioned Public Hearing. Motion by Gericke, second by Nickerson to approve Resolution #2010-189 contingent upon final inspections and Mr. Woodward completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2010-190 – Consideration of Amending the IAFF Contract. Jeff Pederson, City Administrator reported the City was approached by the IAFF to extend the current Agreement by one year. Further negotiations would be held to discuss sick leave plans. Discussion was held regarding layoffs. Fire Chief Troy Hughes commented on sick leave plans that would be discussed at a future date. It was noted there would be no pay increases in the 2010/2011 budget. Motion by Dugan, second by Meyer to approve Resolution #2010-190. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Dugan, Ramsey, and Nickerson voted aye. Councilmember Gericke voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Ramsey to approve the Claims for the period of June 23, 2010 through July 13, 2010, for a total amount of $3,728,773.11. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of June 23, 2010 through July 13, 2010 for the Veterans Athletic Field Complex for a total amount of $6,184.24. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of June 23, 2010 through July 13, 2010 for the State Fair Recreation Building for a total amount of $2,783.52. Unanimously approved. Page 6, City Council Regular Meeting, July 13, 2010 ADJOURN TO EXECUTIVE SESSION: Motion by Meyer, second by Niemann to adjourn to Executive Session at 8:10 p.m. for the purpose of discussion concerning FOP, IBEW – Service/Clerical, and AFSCME Contractual Issues for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Meyer second by Carney to return to Regular Session at 9:10 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of July 20, 2010 City Council Study Session The Claims for the period of July 14, 2010 through July 27, 2010 for a total amount of $. A MOTION is in order. Tuesday, July 27, 2010 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 July 20, 2010 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 July 20, 2010. Notice of the meeting was given in the Grand Island Independent on July 14, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Gericke, Nickerson, Zapata, Ramsey, Dugan, Carney, Gilbert, Haase, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Lauren Cantrell, Brandon Pfeifer, and Alisia Rivera. Also recognized were two students from Boy Scout Troop #114. Mentioned was the Masters Tournament that will be held this week-end at the Heartland Public Shooting Park. Presentation of 2010/2011 Proposed City Budget. Jeff Pederson, City Administrator stated the proposed budget submitted does not increase the tax rate. Presented was a PowerPoint of the 2010-2011 Proposed Budget. The General Fund reduction from the prior year was $1,805,210. Mr. Pederson explained the budget book program format. The following program impacts were reviewed by department: Finance Department: · Closing of staffed drive-up window · Implementation of online payments will decrease need for face to face payments · Less staff time available for processing interdepartmental receipts Legal Department: · Reduction in personnel costs due to turnover Human Resources Department: · Advertising – more efficient use of technology · Tuition Assistance – limits City-wide training sponsored by HR · Administrative costs for E.A. P. moved to the General Insurance Fund because it is a city-wide benefit Administration Divisions: · Anticipated savings from a full year of paperless packet Council system · No new equipment purchases Page 2, City Council Study Session, July 20, 2010 Building Department: Inspections & City Hall Maintenance: · Inspections – Sustaining level of building construction service, reduce number of demolition projects · City Hall Maintenance – Modify parking lot replacement, replace parking areas and retain for a time the asphalt driving lanes Emergency Management: · Movement of one FTE from the General Fund to the Special Revenue Fund · Reductions to training and equipment maintenance Fire Department: · Operating expense reduction due to completion of major response equipment replacement program such as breathing equipment, nozzles and clothing · Streamlined annual commercial inspection program Police Department: · Adding a Gang Activity Investigator · Increase to Responsive Patrol · Reassign Patrol Support Unit Officers to Patrol · No Code Enforcement Outside City Limits · Eliminate School Crossing Guards · Reduction to Community Relations Programs · Reduced Service Desk Hours Public Works: · Position Reductions: Streets – Senior Equipment Operator, Streets – Equipment Operator, Streets Seasonal, Civil Engineer Manager, and Engineer Tech Supervisor Public Works – Engineering: · Civil Engineering Manager and Engineering Tech positions eliminated. New positions of Project Manager created to increase efficiency and effectiveness of construction project management Public Works – Streets: · Snow – Eliminate contracted snow removal, resulting in increased time for completion · Sweeping – Cut full-time street sweeping in half, from 4/year to 2/year · Traffic Control – push back replacement of 3 traffic signal controllers. Pavement markings will go to 1/year (was 2/year) · Row Mowing – reduce PT mowers · Alleys – eliminate alley garbage pick up; reduce alley grading work Planning: · Position Reductions: Planning Secretary transfer and Planning Director transfer Page 3, City Council Study Session, July 20, 2010 · Greater Cost Recovery Changes - Change to CRA Interlocal Agreement to cover the time Planning staff spends on CRA programs - Increase in fees for rezoning applications, subdivisions, TIP application and flood plain related services Library: · Position Reductions: PT Library Assistants, Library Clerk, PT Library Page, and Seasonals · Reduced Hours of Operation (total of 5-6 Hours/8% · Cut Materials: books and AV cut 10%; magazines cut 20% · In-depth assistance will need to be scheduled · Librarians working on reduced personnel time by 10% · All Community Outreach and Nonresident services reduced due to County’s breach of contract Public Information: · Position Reductions: Transfer .15 Personnel Costs of CYC Coordinator · Move .15 FTE from Public Information to the CYC budget to cover the allocation of time the CYC Coordinator devotes to the program · Transferring allowed for a web site enhancement module and graphics template package for GITV, which will increase staff efficiency, improved appearance and ease of use Park & Recreation: · Position Reductions: Shooting Park Seasonal, Greenhouse Seasonals, FT Cemetery maintenance (replaced with .27 FTE), FT Park Maintenance, and PT Park Seasonals · Cemetery will be closing operations Saturday afternoons. Fees will also be increased to generate more revenue · Greenhouse will be eliminating approximately 20% of the flower beds · Park Maintenance may only open 3 of the 5 wading pools any one time during the summer · Heartland Public Shooting Park will be relying on volunteers even more to operate the Shooting Park · Recreation Division has established fees for some programs that have been historically free. Examples are Playground Pals and Kinder Kamp · Field House – employees shifted to Field House. Revenue to support those positions generated from Field House Non-Departmental: · All outside agency funding was reduced 20% · Reduction to the Central District Health Department negotiated General Fund Departmental Capital: · Not included in the Department program totals – reduction of $177,400 Page 4, City Council Study Session, July 20, 2010 · Isolating the funding for Departmental Capital is the first step towards an Equipment Replacement/Management Program Internal Services: - Fleet Program: · Position Reductions: PT Attendant/Clerk; Inventory Specialist -- Add Inventory Clerk · Over-head costs reduced; reduced allocation and service costs to departments · Improved work-flow/efficiency Internal Services – IT Program: · Not filling IT Supervisor position -- Increase in amount of Outsourcing -- Enhance strategic planning capabilities The total reduction in the Enterprise Funds was $10,699,890. Expected revenue for the 2011 Budget was estimated at $4,283,260 down from the 2010 Budget of $4,770,990. This amount included $1.1 million for renovation of the Lincoln Park Pool which would require a public vote. Future debt financing for CIP for the next 5 years would require a property tax rate increase. Mr. Pederson stated the public hearings for the 2010/2011 Bud get would be held on August 3 and 5th with a proposed adoption date of August 10th. ADJOURNMENT: The meeting was adjourned at 7:55 p.m. RaNae Edwards City Clerk Item G4 Approving Re-Appointments of Donald Skeen and Steve Grubbs and New Appointment of Mike Spilinek to the Building Code Advisory Board The Mayor has submitted the Re-appointments of Donald Skeen, Contractor and Steve Grubbs, Estimator to the Building Code Advisory Board. These appointments would become effective August 1, 2010 upon approval by the City Council and would expire on August 1, 2012. Also the Mayor has submitted the appointments of Mike Spilinek, Engineer to the Building Code Advisory Board to replace John O'Meara. This appointment would become effective August 1, 2010 upon approval by the City Council and would expire on August 1, 2012. Approval is recommended. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 Approving Re-Appointment of Bob Loewenstein and New Appointment of Lori Wilson to the Community Development Advisory Board The Mayor has submitted the Re-appointment of Bob Loewenstein to the Community Development Advisory Board. This appointment would become effective August 1, 2010 upon approval by the City Council and would expire on July 31, 2013. Also the Mayor has submitted the appointment of Lori Wilson to the Community Development Advisory Board to replace Lisa Heineman whose term expires on July 31, 2010. This appointment would become effective August 1, 2010 upon approval by the City Council and would expire on July 31, 2013. Approval is recommended. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 Approving Re-Appointment of Scott Zana to the Heartland Events Center Board The Mayor has submitted the Re-appointment of Scott Zana to the Heartland Events Center Board. This appointment would become effective August 1, 2010 upon approval by the City Council and would expire on August 1, 2011. Approval is recommended. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G7 Approving Preliminary Plat for Lake Heritage 2nd Subdivision Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 27, 2010 Subject: Lake Heritage 2nd Sub-Preliminary Plat Item #’s: G-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Blaine Street and south of US Hwy 34, the Preliminary Plat proposes to create 11 lots on a tract of land comprising part of the NW1/4 of the NW1/4 of Section 33, Township 11, North Range 9, West of the 6th P.M., in the City of Grand Island in Hall County Nebraska. This is approximately 38 acres. Discussion The Preliminary Plat for Lake Heritage 2nd Subdivision was considered by the Regional Planning Commission at the July 7, 2010 meeting. The plat proposes 10 lots (9 building lot and 1 lake lot) on a 38 acre tract of ground adjacent to city limits. Five estate lots (3 acre +) are planned to front onto Blaine and U.S. 34. Driveway access on U.S. Highway 34 is limited to the 1 existing access to the property. Driveways on Blaine will be permitted across from the existing driveways on west side of the street. Water is available or will be extended to all lots in the subdivision by the developer. Sewer is available to the 4 lots on Bass Road planned in the second phase of this development through a line owned and maintained by the Rainbow Lake Homeowners Association. The homeowners association has indicated that they are in favor of the development and will agree to let these 4 lots hook up to the sewer line. The home owners in Rainbow Lake on the south of this subdivision will get access to the water line the developer will install along the north side of Bass Road. A motion was made by Ruge and seconded by Haskins to approve the plats as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Eriksen, Haskins) voting in favor and no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the preliminary plat and final plat as presented. Sample Motion Move to approve as recommended. Lake Heritage 2nd Preliminary and Final Plat Summary Developer/Owner Doralene Niedfelt 1515 W Husker Hwy Grand Island NE 68801 To create 5 lots east of Blaine St and south of US Hwy 34, in the City of Grand Island, in Hall County, Nebraska. Size: 38 acres Zoning: LLR – Large Lot Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Preliminary Plat Item G8 #2010-191 - Approving Final Plat and Subdivision Agreement for Northview Eighth Subdivision Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 27, 2010 Subject: Final Plat - Northview Eighth Subdivision Item #’s: G-8 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Idaho Ave., and south of NE Hwy 2 in Grand Island, the Final Plat proposes to create 20 lots in the City of Grand Island in Hall County Nebraska. This is approximately 7.25 acres. Discussion The revised Final Plat for Northview 8th Subdivision was considered by the Regional Planning Commission at the July 7, 2010 meeting. A motion was made by Ruge and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Eriksen, Haskins) voting in favor and no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Final plat as presented. Sample Motion Move to approve as recommended. Northview 8th Subdivision Developer/Owner Pinnccle Bank 320 G Street Central City NE 68826 To create 20 lots east of Idaho Ave., and south of NE Hwy 2, in the City of Grand Island, in Hall County, Nebraska. Size: 20 acres Zoning : LLR – Large Lot Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-191 WHEREAS, Pinnacle Bank, being the owner of the land described heron, have caused to be laid out into 20 lots, a tract of land consisting of part of the East Half of the Northeast Quarter (E1/2, NE1/4) of Section 2, Township 11, North, Range 10 West of the 6th P.M. in the City of Grand Island, Hall County Nebraska, under the name of NORTHVIEW EIGHTH SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of NORTHVIEW EIGHTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-192 - Approving Acquisition of Utility Easement - Between One R and White Cloud Roads and between North and Engleman Roads - George and Sherril Albin This item relates to the aforementioned Public Hearing Item E-1. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approv ed as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-192 WHEREAS, a public utility easement is required by the City of Grand Island, from George and Sherril Albin to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 27, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The easterly twenty-five (25) feet of a tract of land comprising a part of the Northwest Quarter (NW ¼), of Section Twenty-three (23), Township Twelve (12) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, said tract of land more particularly described as follows: Beginning at a point on the south line of said Northwest Quarter (NW¼), said point being One Thousand Five Hundred Seven and Four Hundredths (1,507.04) feet east of the southwest corner of said Northwest Quarter (NW¼); thence running northerly, parallel with the west line of said Northwest Quarter (NW¼), a distance of One Thousand Five Hundred Forty Nine and Sixty Five Hundredths (1,549.65) feet; thence running easterly, parallel with the south line of said Northwest Quarter (NW 1/4 ), a distance of One Thousand Ninety Six and Five Tenths (1,096.5) feet to a point on the east line of said Northwest Quarter (NW¼); thence running southerly, along and upon the east line of said Northwest Quarter (NW¼), a distance of One Thousand Five Hundred Forty Nine and Forty Two Hundredths (1,549.42) feet to the southeast corner of said Northwest Quarter (NW¼); thence running westerly along and upon the south line of said Northwest Quarter (NW¼); a distance of One Thousand Seventy Five and Forty Four Hundredths (1,075.44) feet to the point of beginning. The above described easement and right-of-way containing a total of 0.89 acres, more or less, as shown on the plat dated November 9, 2009, 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 public utility easement from George and Sherril Albin, on the above-described tracts of land. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-193 - Approving Acquisition of Utility Easement - Between One R and White Cloud Roads and North and Engleman Roads - Michael and Heidi Isley This item relates to the aforementioned Public Hearing Item E-2. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-193 WHEREAS, a public utility easement is required by the City of Grand Island, from Michael and Heidi Isley, to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 27, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The easterly twenty-five (25) feet of a tract of land in the Northwest Quarter (NW ¼) of Section Twenty-three (23), Township Twelve (12) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska beginning at a point on the north line of said Northwest Quarter that is One Thousand Five Hundred Seven and Fourteen Hundredths feet east of the northwest corner of said Northwest Quarter, thence continuing east upon the north line of said Northwest Quarter to the northeast corner of said Northwest Quarter, thence southerly upon the east line of said Northwest Quarter to a point One Thousand Five Hundred Forty Nine and Forty Two Hundredths feet north of the southeast corner of said Northwest Quarter, thence westerly parallel with the south line of said Northwest Quarter a distance of One Thousand Ninety Six and Fifteen Hundredths feet, thence northerly parallel with the west line of said Northwest Quarter to the point of beginning except the north Forty feet thereof previously conveyed to Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.63 acres, more or less, as shown on the plat dated November 9, 2009, 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 public utility easement from Michael and Heidi Isley, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-194 - Approving Acquisition of Utility Easement - Between Abbott and White Cloud Roads and between North and Engleman Roads - Robert and Reburta Wenzl (#1) This item relates to the aforementioned Public Hearing Item E-3. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-194 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert and Reburta Wenzl (Tract #1), to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 27, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The north twenty-seven (27) feet of the south sixty (60) feet and the west twenty-five (25) feet of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Twelve (12) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska. The above described easement and right-of-way containing a total of 3.12 acres, more or less, as shown on the plat dated November 9, 2009, 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 public utility easement from Robert and Reburta Wenzl, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-195 - Approving Acquisition of Utility Easement - Between One R and Chapman Road, and between North and Engleman Roads - Robert and Reburta Wenzl (#2) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-195 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert and Reburta Wenzl (Tract #2), to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 27, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The easterly twenty-five (25) feet of the Southwest Quarter (SW¼) of Section Fourteen (14), Township Twelve (12) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska except the south Forty (40) feet thereof previously conveyed to Hall County, Nebraska. The above described easement and right-of-way containing a total of 1.52 acres, more or less, as shown on the plat dated November 9, 2009, 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 public utility easement from Robert and Reburta Wenzl, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-196 - Approving Acquisition of Utility Easement - Between One R and White Cloud Roads and between North and Engleman Roads - Robert & Dianna Mettenbrink This item relates to the aforementioned Public Hearing Item E-5. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-196 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert L. Mettenbrink Jr. and Dianna D. Mettenbrink, to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on July 27, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The westerly twenty-five (25) feet of the North One Thousand Eighty Nine (1,089.0) feet of the Northeast Quarter (NE ¼) of Section Twenty-three (23), Township Twelve (12) North, Range (10) West of the 6th P.M., Hall County, Nebraska except the northerly Forty-five (45) feet thereof previously conveyed to Hall County, Nebraska. The above described easement and right-of-way containing a total of 0.62 acres, more or less, as shown on the plat dated November 9, 2009, 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 public utility easement from Robert L. Mettenbrink Jr. and Dianna D. Mettenbrink, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-197 - Approving Bid Award - Liquid Ortho-Polyphosphate for Corrosion Control Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Liquid Ortho-Polyphosphate for Corrosion Control Item #’s: G-14 Presenter(s): Gary R. Mader, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The Utilities Department solicits bids annually for the treatment solution. The current contract to provide the additive for this year is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Three bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). Bidder Unit Price/gal Price/mil gal Annual cost Carus Phosphates, Inc. $ 4.503 $18.012 $ 91,185.75 Sterling Water Technologies LLC $ 5.29 $21.16 $ 95,220.00 Shannon Chemical Corporation $ 6.17 $24.68 $ 111,060.00 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department regulations. Based on using the same dosage rates, the current supplier, Carus Phosphates, is recommended as the low evaluated bidder. 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 purchase of Liquid Ortho-Polyphosphate for Corrosion Control be awarded to Carus Phosphates, Inc. from Belmont, NC, as the low responsive bidder, for a not-to-exceed price of $18.012 per million gallons of water treated in an annual amount estimated at $91,185.75. The actual annual amount will depend on City water usage. Sample Motion Move to approve award for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $18.012 per million gallons of treated water be awarded to Carus Phosphates, Inc. from Belmont, NC. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 6, 2010 at 2:00 p.m. FOR: Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: June 11, 2010 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Carus Corporation Shannon Chemical Co. Peru, IL Exton, PA Bid Security: Iternational Fidelity Insurance Co TD Bank Exceptions: None noted None noted Unit Bid Price: $4.503 $6.17 Unit Treatment: $18.012 $24.68 Total Cost: $20,263.50 $111,060.00 Bidder: Sterling Water Technologies LLC Columbia, TN Bid Security: Travelers Casualty & Surety Company of America Exceptions: None noted Unit Bid Price: $5.29 Unit Treatment: $21.16 Total Cost: $95,220.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator Emily Muth, PGS Karen Nagel, Utilities Secretary P1422 Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-197 WHEREAS, the City Water Department invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control; and WHEREAS, on July 6, 2010, bids were received, opened and reviewed; and WHEREAS, Carus Phosphates, Inc., of Belmont, North Carolina, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, for a not to exceed price or $18.012 per million gallons of water treated, at an annual amount estimated at $91,185.75 (the actual annual amount will depend on City water usage); and WHEREAS, the bid of Carus Phosphates, Inc., is less than the estimate for Liquid Ortho- Polyphosphate for Corrosion Control. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus Phosphates, Inc., of Belmont, North Carolina, for a not to exceed price of $18.012 per million gallons of water treated, in an annual amount estimated at $91,185.75, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2010-198 - Approving Consent to Assignment of Pole Attachment Agreement from Galaxy Cable to Zito Midwest, LLC Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: July 27, 2010 Subject: Consent to Assignment – Galaxy Cable to Zito Midwest, LLC Item #’s: G-15 Presenter(s): Gary R. Mader, Utilities Director Background Galaxy Cable, Inc., has an existing pole attachment agreement with the City of Grand Island to attach cable to poles owned by the City. Galaxy is in the process of selling their system assets to Zito Midwest, LLC. The sale should be complete by August 31, 2010. Zito and Galaxy are requesting the City’s consent to transfer the pole attachment agreement from Galaxy to Zito. Discussion The Pole Attachment Agreement specifies all of the conditions required by the City and the amount to be paid for each attachment ($4.00 per pole per year). The sale and resulting transfer is common to the industry. The Utilities Department has no objections to the sale and subsequent transfer. The Legal Department has reviewed and approved the language. 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 Consent to Assignment to transfer the Agreement for joint use poles from Galaxy Cable, Inc., to Zito Midwest, LLC. Sample Motion Move to approve the Consent to Assignment to transfer the Agreement for joint use poles from Galaxy Cable, Inc., to Zito Midwest, LLC. Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-198 WHEREAS, Galaxy Cable, Inc. has an existing pole attachment agreement with the City of Grand Island to attach cable to poles owned by the City; and WHEREAS, Galaxy is in the process of selling their system assets to Zito Midwest, LLC; and WHEREAS, Galaxy and Zito Midwest, LLC are requesting the City’s consent to transfer the pole attachment agreement from Galaxy to Zito; and WHEREAS, the Legal Department has reviewed and approved the language and the Utilities Department has no objection to the subsequent transfer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Consent to Assignment to transfer the Agreement for joint use poles from Galaxy Cable, In., to Zito Midwest, LLC, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2010-199 - Approving Interlocal Agreement for Cooperative Public Safety Services Relating to Interoperable Radio System Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Management Director Meeting: July 27, 2010 Subject: CNRI – Interoperable Radio Agreement Item #’s: G-16 Presenter(s): Jon Rosenlund, Emergency Management Director Background In July 2004, the City of Grand Island joined with Hall County and over two dozen other Counties and major municipalities within Central Nebraska to establish the Central Nebraska Region for Interoperability (CNRI). That previous agreement has expired and is subject for renewal. To date, CNRI has provided the acquisition, installation and maintenance of interoperable communications systems, framed planning and coordination efforts, and improved emergency communications in emergency incidents. The Emergency Management Department recommends that the City Council renew its relationship with CNRI through the Interlocal Agreement presented to Council. Discussion In July 2004, the City of Grand Island joined with Hall County and over two dozen other Counties and major municipalities within Central Nebraska to establish the Central Nebraska Region for Interoperability (CNRI). Participating jurisdictions include the Counties of Adams, Buffalo, Chase, Custer, Dawson, Dundy, Franklin, Frontier, Furnas, Gosper, Hall, Hamilton, Harlan, Hays, Hitchcock, Kearney, Lincoln, Nuckolls, Phelps, Perkins, Red Willow, Sherman and Webster, as well as the major municipalities of these Counties. In fact, the CNRI model for overcoming challenges of communications interoperability have become a model for the State of Nebraska and the genesis of numerous other regional and statewide projects. To date, CNRI has provided an avenue for the acquisition, installation and maintenance of interoperable communications equipment and systems. These systems include voice- over-IP radio connection technologies used in exercises and events throughout the region, as well as real-time text communications between communications centers. The CNRI has provided the environment for the coordination of efforts in developing system policy and procedures as well as regional strategic planning through the DHS- required Tactical Interoperable Communications Plan (TICP). The previous agreement term has expired and is subject for renewal. Renewal will allow our continued participation in the CNRI efforts to maintain current equipment, connectivity to the communications network, coordinated planning efforts, and benefits of an interoperable system available to our local agencies in the event of a communications barrier between agencies. The Emergency Management Department recommends that the City Council renew its relationship with CNRI through the Interlocal Agreement presented to Council. 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 Sample Motion Move to approve the Interlocal Agreement for Cooperative Public Safety Services. 1 INTERLOCAL AGREEMENT FOR COOPERATIVE PUBLIC SAFETY SERVICES BY AND AMONG THE COUNTIES OF ADAMS, BUFFALO, CHASE, CLAY, CUSTER, DAWSON, DUNDY, FRANKLIN, FRONTIER, FURNAS, GOSPER, HALL, HAMILTON, HARLAN, HAYS, HITCHCOCK, KEARNEY, LINCOLN, NUCKOLLS, PHELPS, PERKINS, RED WILLOW, SHERMAN AND WEBSTER, AND THE CITIES AND VILLAGES WITHIN SAID COUNTIES. THIS AGREEMENT is made and entered into this ___ day of _____________ 2010, by and between the Counties of Adams, Buffalo, Chase, Clay, Custer, Dawson, Dundy, Franklin, Frontier, Furnas, Gosper, Hall, Hamilton, Harlan, Hays, Hitchcock, Kearney, Lincoln, Nuckolls, Phelps, Perkins, Red Willow, Sherman and Webster and the participating cities and villages within said counties, all being bodies politic and corporate and political subdivisions of the state of Nebraska, hereinafter referred to collectively as the “Parties” and individually as a “Party.” WITNESSETH: WHEREAS, the Parties desire to form an Interoperable radio system among public safety agencies; and WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, Neb. Rev. Stat. §13-801 provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, Counties and the Cities are public agencies as defined by Neb. Rev. Stat. §13-801; and WHEREAS, Neb.Rev.Stat. §29-215 authorizes municipalities and counties to enter into contracts with any other municipality or county to form, operate and maintain an interoperable radio system.” NOW, THEREFORE, the parties mutually covenant and agree as follows: 1) Definition: CNRI is the Central Nebraska Regions for Interoperability group composed of the governmental agencies participating in this agreement. 2) Purpose: To establish, maintain and operate a public safety Interoperable Radio 2 System within the jurisdictions of the participating agencies. 3) Term. This agreement shall have a term of five (5) years commencing July 1, 2010. 4) Termination. This agreement may be terminated at any time, with or without cause, upon the mutual consent of a majority of the member Parties. 5) Withdrawal. Any Party may withdraw from this agreement at any time, with or without cause, upon providing to the non-withdrawing Parties a written notice of such withdrawal given not less than one hundred and eighty (180) days prior to the effective date of the withdrawal. 6) Governance. The activities of the cooperative undertaking shall be governed by a board comprised of one or more representatives from each of the Parties, hereinafter referred to as the “CNRI Policy Board.” The CNRI Policy Board shall meet not less than two times each calendar year. The CNRI Policy Board shall select as officers a Chairperson, Vice-Chairperson and a secretary who shall serve terms of one year. A quorum of not less than a majority of the CNRI Policy Board shall be required to take action. All questions before the CNRI Policy Board shall be determined by majority vote of the members present. The CNRI Policy Board may adopt such by-laws and rules of procedure as deemed appropriate by the CNRI Policy Board. 7) Cooperative Powers and Authority. Each Party shall maintain their own radio system, Microwave and other operating components of the radio system. Each shall grant permission for any public safety agency to utilize such system. 8) Claims and Indemnity. At all times while utilizing the radio system the employee of the Party shall remain an employee of the employing agency. Each Party shall provide liability insurance and indemnification for its own personnel as provided in Neb.Rev.Stat. §13-1802. 9) Modification. This Agreement may be modified by written agreement of the Parties. 10) No Separate Entity. There shall be no separate legal entity created through this Interlocal cooperation agreement. Said agreement shall be jointly administered by the CNRI Policy Board as provided in section 4, above. 11) Property. Any property acquired or made available by any party to this agreement for the purposes of this agreement shall remain the property of the party acquiring or making such property available and shall be disposed of by such party as provided by law, regulation, or ordina nce governing the same. a) Any property acquired jointly shall, upon termination, be equitably distributed among the Parties based upon the Parties’ financial contributions toward the purchase and maintenance of any such property. In the event any Party withdraws from this agreement, an equitable distribution of the jointly held property, or the 3 fair market value thereof, shall be made to the withdrawing party based upon the withdrawing Party’s financial contributions toward the purchase and maintenance of any such jointly held property. b) Any party can be elected or appointed by the CNRI Policy Board to act as fiscal or purchasing agent in accordance with state law. c) Any property to be purchased and jointly held by the Parties shall be purchased pursuant to the purchasing rules or statutes applicable to the Party making the purchase on behalf of the Parties. d) Any surplus or unusable jointly held property shall be disposed of pursuant to the rules or statutes applicable to the Party making such disposition on behalf of the Parties. The proceeds of any sale or disposition of jointly held property shall be equitably distributed among the Parties based upon the Parties’ financial contributions toward the purchase and maintenance of any such property. e) An inventory of all property jointly held and a report on the disposition of any joint property sold, transferred or disposed of during the prior twelve months shall be provided to the City or County Clerk of each Party on or prior to April 1 of each year. 12) Finances. This agreement shall be financed by funds available to the parties hereto. 13) Provision of Assistance. Pursuant to the Interlocal Cooperation Act, any party to this agreement, in the party’s sole discretion, may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party’s legal power to furnish. 14) Additional Agreements. a) This agreement shall become effective for each party when that party by ordinance, motion or resolution adopts and approves this agreement and authorizes the proper official to execute this agreement. b) Additional cities or counties may become parties to this agreement upon acceptance and execution of this agreement, and upon approval by the governing bodies of the Parties and the already a party to this agreement. 4 Executed this ___ day of ____________, 2010. County of Executed this ___ day of ____________, 2010. City of by:________________________________ by:________________________________ Chairperson Mayor County Board of Supervisors [attest] [attest] _________________________________ _________________________________ County Clerk City Clerk Approved as to form: Approved as to form: __________________________________ __________________________________ County Attorney City Attorney Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-199 WHEREAS, the City of Grand Island desires to continue participation with local jurisdictions in the Central Nebraska Regions for Interoperability group (CNRI) and its interoperable radio system among public safety agencies ; and WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, Neb. Rev. Stat. §13-801 provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform, and WHEREAS, Cities are public agencies as defined by Neb. Rev. Stat. §13-801; and WHEREAS, Neb.Rev.Stat. §29-215 authorizes municipalities and counties to enter into contracts with any other municipality or county to form, operate and maintain an interoperable radio system,” and WHEREAS, interoperable communications between responding agencies is a vital tool for the coordination of resources in emergencies of any size. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to renew the partnership with CNRI by agreeing to the points found in the INTEROPERABLE AGREEMENT FOR COOPERATIVE PUBLIC SAFETY SERVICES among the participating CNRI jurisdictions. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G17 #2010-200 - Approving Purchase of a Skid Steer Loader for Use in the Concrete Repair Operations at the Street Division Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 27, 2010 Subject: Approving Purchase of a Skid Steer Loader for Use in the Concrete Repair Operations at the Street Division Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background The Bobcat Skid Steer Loader at the Street Division was last replaced by Central Nebraska Bobcat in the 2007/2008 budget and has a replacement agreement in the original bid package. The City has utilized such a replacement agreement in the past. The replacement agreement is based on $7.50 per operating hour. At 360 hours of use, the replacement price is $2,700. Discussion It is to the advantage of the City of Grand Island to continue using a Bobcat Skid Steer Loader from Central Nebraska Bobcat of Grand Island, Nebraska. Each unit remains constantly under warranty so that the only cost to the City is for fuel and routine service. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve a Resolution awarding the purchase of the Skid Steer Loader under the replacement agreement with Central Nebraska Bobcat of Grand Island, Nebraska. Sample Motion Move to approve awarding the purchase of the Skid Steer Loader under the replacement agreement with Central Nebraska Bobcat of Grand Island, Nebraska for $2,700.00 (after trade-in). Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-200 WHEREAS, on August 26, 2008 by Resolution 2008-227 City Council approved the repurchase agreement with Central Nebraska Bobcat of Grand Island, Nebraska; and WHEREAS, the City of Grand Island has a replacement agreement in the original bid package for the skid steer loader with Central Nebraska Bobcat of Grand Island, Nebraska; and WHEREAS, such buyback is based on $7.50 per operating hour and the current skid steer loader has 360 hours of use for a net replacement cost of $2,700.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the skid steer replacement in the amount of $2,700.00, from Central Nebraska Bobcat of Grand Island, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2010-201 - Approving Revision to Commercial Electric Deposit Interest Rate Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: July 27, 2010 Subject: Revision to Commercial Electric Deposit Interest Rate Item #s: G-18 Presenter(s): Mary Lou Brown, Finance Director Background City Code Chapter 15, paragraph 50 discusses the deposit requirements for all commercial electric service accounts. Effective September 1, 1983, the interest rate of six percent (6%) per annum was implemented for all commercial electric service deposit amounts. This amount is payable to the customer at the time the deposit is refundable. Interest rates have changed dramatically since September 1983 and it is time to modify the existing City Code in this regards. Discussion There are two goals that should be achieved with the recommended change. The first is to create a set date upon which the interest rate is periodically changed and the second is to tie the interest rate to a defined financial rate that is easily obtained. At the time that the interest rate was implemented in 1983, interest rates overall were quite high. The interest accrual was necessary to compensate customers for the City’s use of their money. Deposits are required for all electric service accounts established under the commercial rate structure. For deposits created on or after September 1, 1983, the deposit is equal to two times the estimated billing for the highest usage month of the calendar year. Deposits are held and refunded to the customers as follows: (1) When the electric service has been disconnected, whether at the request of the customer or for nonpayment of the customer's electric bill, or a new account has been created for said service with a different customer, and a final reading has been taken, any deposit on hand plus the accrued interest thereon, and minus the amount of any unpaid billing statement and other charges, shall be refunded to the customer; or (2) After at least two years of continuous service to the customer, if the monthly payments for the account have been made promptly, with no more than two delinquent payments during the twenty-four (24) month period immediately preceding the request, the customer may request the utilities department in writing to refund the deposit. Upon receipt of the request, and if the above conditions of prompt payment have been met, the utilities department shall refund any deposit on hand, plus the accrued interest to the customer. For the purposes of this subsection, a payment shall be deemed delinquent if made more than fifteen (15) days after the date set forth on the monthly billing statement. The recommendation is to set the rate each year on October 1 or the following business day. Setting the rate on an annual basis keeps the rate paid by the City more closely tied to current economic conditions. The second portion of the recommendation is to tie the rate to the 3 month LIBOR (London Interbank Offered Rate) rate. The LIBOR rate is a daily reference rate based on the interest rates at which banks borrow unsecured funds from other banks. LIBOR is used to guide banks in setting rates for adjustable rate loans, including interest only mortgages and credit card debt. It is the most widely used benchmark or reference rate for short-term interest rates world wide. The rate is published daily in the Wall Street Journal and is also available on the internet. This rate is recommended due to it being a reference rate for short-term interest rates. Theoretically, a commercial customer should have their money on deposit with the City for no more than 24 months so a long term rate would not be applicable. LIBOR as of the date the memo is written was 0.52%. There are currently 43 accounts with dates older than 1/1/2007 and 236 accounts in total. The total value of the accounts is $172,001.45 with an average value of $728.82. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Resolution as presented. 2. Postpone the issue to a future meeting. 3. Take no action. Recommendation City Ad ministration recommends that the Council approve the changes to the interest rate applied to commercial electric service accounts. Sample Motion Move to approve the change to an annually adjusted interest rate based on the 3 month LIBOR as of October 1, or the next business day, each year. Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-201 WHEREAS, the City of Grand Island accrues interest on all commercial electric service deposit accounts; and WHEREAS, the City of Grand Island has maintained the same interest rate since September 1, 1983; and WHEREAS, economic conditions have changed and make the current rate obsolete; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the interest rate payable on commercial electric service deposit accounts be tied to the three month LIBOR (London Interbank Offered Rate) and be adjusted annually on October 1, or the next business day; BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreement on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2010-202 - Approving Peter Kiewit Grant Agreement Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks & Recreation Director Meeting: July 27, 2010 Subject: Approving Peter Keiwit Grant Agreement Item #’s: G-19 Presenter(s): Steve Paustian, Parks & Recreation Director Background A Peter Kiewit Foundation grant application was prepared and submitted in April 2010. In June, the Kiewit Foundation awarded $55,564 to the City of Grand Island to purchase Community Field House recreational equipment for the 70,000 square foot Community Field Hhouse constructed at Fonner Park. The City of Grand Island will manage the facility from October 1 through July 31 annually and provide indoor recreational and group activities. The building, sports flooring, and lighting are in place but recreational equipment is needed to carry out programming. Discussion The grant may be used to purchase recreational equipment by priority as needed for programming at the Field House. The grant requires $166,963 in new cash contributions as a grant match which is anticipated to come from other grant awards, City funds and miscellaneous cash purchases by the City for the facility. A Grant Agreement and a Letter of Understanding sepcifying the terms and conditions of the award have been sent to the City to accept the grant award. The grant period runds from June 29, 2010 to June 30, 2011. Staff recommends that the Mayor be authorized to sign all grant related documents and that the grant be accepted by the City. 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 Grant Agreement and Letter of Understanding and authorize the Mayor to sign related documents. Sample Motion Move to aapprove the Grant Agreement and Letter of Understanding and authorize the Mayor to sign related documents. Approved as to Form ¤ ___________ July 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-202 WHEREAS, the City of Grand Island submitted a grant application to the Peter Kiewit Foundation in April 2010; and WHEREAS, the Peter Kiewit Foundation has awarded $55,564 to the City of Grand Island to purchase recreational equipment for the Grand Island Community Field House; and WHEREAS, a Grant Agreement and Letter of Understanding have been provided by the Kiewit Foundation to the City to accept the grant award; WHEREAS, matching funds of $166,963 are required to access grant funding; and WHEREAS, the grant agreement period begins June 29, 2010 and ends June 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to accept the grant award from the Peter Kiewit Foundation and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2010-203 - Approving FY 2010-2011 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: July 27, 2010 Subject: Approving FY 2010-2011 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization Item #’s: G-20 Presenter(s): Mary Lou Brown, Finance Director Background In July, 2002, the City Council adopted Ordinance #8751 creating Business Improvement District (BID) #4, South Locust Street from Stolley Park Road to Fonner Park Road. The ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 14, 2010, the BID #4 Board met and approved the 2010-2011 Budget which provides for special assessments in the amount of $5.65 per front footage for a total of $27,962 for the 4,949 front footage. Discussion The majority of the appropriations in the proposed budget of $32,100 are for the upkeep of sprinkler systems, maintenance of green spaces, and snow removal along their portion of the South Locust corridor. The appropriations for 2010-2011 also include a City fee of $1,500 for accounting services. A copy of the proposed 2010-2011 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the 2010-2011 Budget for BID #4 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2010-2011 Budget for BID #4 and set the date of September 14, 2010 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2010-2011 Budget for BID #4 and set the date of September 14, 2010 for the Board of Equalization. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-203 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 4 for the fiscal year 2010-2011; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 4 as shown in the office of the Hall County Assessor in effect on the first day of January, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 4 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 14, 2010 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 4 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2010-204 - Approving FY 2010-2011 Annual Budget for Business Improvement District #6, Second Street, and Setting Date for Board of Equalization Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: July 27, 2010 Subject: Approving FY 2010-2011 Annual Budget for Business Improvement District #6, Second Street, and Setting Date for Board of Equalization Item #’s: G-21 Presenter(s): Mary Lou Brown, Finance Director Background On September 9, 2008, the City Council adopted Ordinance #9186 creating Business Improvement District (BID) #6, Second Street. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area that would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 1, 2010, the BID #6 Board met and approved the 2010-2011 Budget which provides for special assessments in the amount of $4.50 per front footage for a total of $32,148 for the 7,144 front footage. Discussion The majority of the proposed appropriation budget of $35,400 is to be used for the maintenance of frontage areas along the Second Street portion of their district. A copy of the proposed 2010-2011 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2010-2011 Budget for BID #6 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2010-2011 Budget for BID #6 and set the date of September 14, 2010 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2010-2011 Budget for BID #6 and set the date of September 14, 2010 for the Board of Equalization. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-204 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 6 for the fiscal year 2010-2011; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 6 as shown in the office of the Hall County Assessor in effect on the first day of January, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 6 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 14, 2010 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 6 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010 . _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G22 #2010-205 - Approving FY 2010-2011 Annual Budget for Business Improvement District #7, South Locust Street from Highway 34 to Stolley Park Road, and Setting Date for Board of Equalization Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: July 27, 2010 Subject: Approving FY 2010-2011 Annual Budget for Business Improvement District #7, South Locust Street from Stolley Park Road to Highway 34, and Setting Date for Board of Equalization Item #’s: G-22 Presenter(s): Mary Lou Brown, Finance Director Background On September 9, 2008, the City Council adopted Ordinance #9187 creating Business Improvement District (BID) #7, South Locust Street from Stolley Park Road to Highway 34. The creating ordinance establishes the purpose of the District, describes the boundaries, and establishes that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. The BID #7 Board met and approved the 2010-2011 Budget which provides for special assessments in the amount of $5.00 per front footage for a total of $48,325 for the 9,665 front footage. Discussion The majority of the proposed appropriations budget of $47,965 is to be used for the maintenance of frontage areas along the South Locust Street portion of their district The appropriations for 2010-2011 also include a City fee of $875 for accounting services. A copy of the proposed 2010-2011 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2010-2011 Budget for BID #7 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2010-2011 Budget for BID #7 and set the date of September 14, 2010 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2010-2011 Budget for BID #7 and set the date of September 14, 2010 for the Board of Equalization. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-205 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 7 for the fiscal year 2010-2011; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 7 as shown in the office of the Hall County Assessor in effect on the first day of January, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 7 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 14, 2010 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 7 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G23 #2010-206 - Approving FY 2010-2011 Annual Budget for Business Improvement District #8, Downtown, and Setting Date for Board of Equalization Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: July 27, 2010 Subject: Approving FY 2010-2011 Annual Budget for Business Improvement District #8, Downtown, and Setting Date for Board of Equalization Item #’s: G-23 Presenter(s): Mary Lou Brown, Finance Director Background On August 26, 2009, the City Council adopted Ordinance #9180 creating Business Improvement District (BID) #8, Downtown. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 15, 2010, the BID #8 Board met and approved the 2010-2011 budget which provides for special assessments in the amount of $90,000. Discussion In this district, assessments are paid by property owners based on the valuation of land and real property in the district as of January 1 of the current year. No personal property is figured into the assessment. Owners are billed for the assessment on October 1 of each fiscal year. The total taxable value for the district as of January 1, 2010 was $31,803,264 which for budgeted assessments of $90,000 gives a levy of .282990 per $100 of real property. Downtown Beautification, Retention and Recruitment, and Maintenance are the areas of proposed work to be performed by the BID. A copy of the proposed 2010-2011 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2010-2011 Budget for BID #8 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2010-2011 Budget for BID #8 and set the date of September 14, 2010 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2010-2011 Budget for BID #8 and set the date of September 14, 2010 for the Board of Equalization. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-206 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 8 for the fiscal year 2010-2011; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 8 as shown in the office of the Hall County Assessor in effect on the first day of January, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 8 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 14, 2010 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 8 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Matthew Casey, 1309 West Stolley Park Road for Liquor Manager Designation for Godfather’s Pizza, 1916 South Locust Street Tuesday, July 27, 2010 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: July 27, 2010 Subject: Request from Matthew Casey, 1309 West Stolley Park Road for Liquor Manager Designation for Godfather’s Pizza, 1916 South Locust Street Item #’s: H-1 Presenter(s): RaNae Edwards, City Clerk Background Matthew Casey, 1309 West Stolley Park Road has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “A- 12626” Liquor License for Godfather’s Pizza, 1916 South Locust Street. 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 Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Due to the many undisclosed convictions on the application, the Police Department can not recommend the approval of this application. 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 deny the request for Liquor Manager Designation. Sample Motion Move to deny the request from Matthew Casey, 1309 West Stolley Park Road for Liquor Manager Designation in conjunction with the Class “A-12626” Liquor License for Godfather’s Pizza, 1916 South Locust Street. Item I1 #2010-207 - Consideration of Economic Development Incentive Agreement with Grand Island Area Economic Development Corporation Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: July 27, 2010 Subject: Approving Economic Development Incentive Agreement with Grand Island Area Economic Development Corporation Item #’s: I-1 Presenter(s): Jeff Pederson, City Administrator Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Economic Development Corporation. The Econo mic Development Corporation has received an application from the Grand Island Area Economic Development Corporation (GIEDC) for LB 840 funds in the amount of $575,000.00 to be used exclusively for Public Works Improvements at the Platte Valley Industrial Park East which is owned by the applicant. On June 10th, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Review Committee for consideration and recommendation. The CRC met on July 20th and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion The undeveloped Platte Valley Industrial Park East consists of 280 acres bounded on the north by Schimmer Drive, on the east by Blaine Street, on the south by Wildwood Drive, and on the west by the Platte Valley Industrial Park which is now developed. Future site development needs for PVIP includes paving Blaine Street with concrete, resurfacing Schimmer Drive and Wildwood Drive with asphalt paving, providing for storm water drainage to the Wood River Flood Control Diversion, as well as providing City water and sanitary sewer. The State of Nebraska has provided the Applicant and the City with a Community Development Block Grant making $925,000.00 available for public works at the Platte Valley Industrial Park East provided the Applicant and the City match the Grant with another $925,000.00. The cost of providing the extension of City Water is $1,200,000.00 and the City Sanitary sewer if $1,000,000.00 for an estimated total cost of $2,200,000.00. The applicant is requesting $575,000.00 of LB 840 Funds to be used for Water and Sewer Infrastructure with the City contributing an additional $700,000.00. Once approved, the project will commence and be completed within a one (1) year period. The City would enter in to a Project Implementation Agreement with the EDC outlining the respective responsibilities of the two parties for the water and sewer improvements. This Agreement will obligate the EDC to repay the City for the City expense of the water and sewer improvements at the time of land sale. Details of the Agreement will be worked out and brought forward to the City Council for consideration prior to any commencement of the water/sewer improvements project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with the Grand Island Area Economic Development Corporation. 2. Do not approve the Economic Development Agreement with the Grand Island Area Economic Development Corporation. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with the Grand Island Area Economic Development Corporation. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with the Grand Island Area Economic Development Corporation. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-207 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Grand Island Area Economic Development Corporation (GIAEDC) has applied for a forgivable loan in the amount of $575,000.00 towards Public Works Improvements at the Platte Valley Industrial Park East from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on July 20, 2010 by the Citizens Advisory Review Committee; and WHEREAS, it is in the best interests of the City to provide economic development funding to the Grand Island Area Economic Development Corporation as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City and the Grand Island Area Economic Development Corporation to provide $575,000.00 in economic assistance to Grand Island Area Economic Development Corporation, to be used for Public Works Improvements at the Platte Valley Industrial Park East in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item I2 #2010-208 - Consideration of Economic Development Incentive Agreement with Hornady Manufacturing, Inc. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: July 27, 2010 Subject: Approving Economic Development Incentive Agreement with Hornady Manufacturing, Inc. Item #’s: I-2 Presenter(s): Jeff Pederson, City Administrator Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Economic Development Corporation (GIEDC). The Economic Development Corporation has received an application from Hornady Manufacturing, Inc. for building expansion and additional employees. On June 10th, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Review Committee for consideration and recommendation. The CRC met on July 20th and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion Hornady Manufacturing, Inc., the largest independent producer of bullets and home reloading presses, has submitted the required application (see attached) for an amount of $200,000.00. Proposed is the creation of 50 new jobs by July 1, 2011 with an average hourly wage of $14.00. Requested is $2,500.00 per new employee not to exceed 50 employees and $75,000.00 to assist with a $2.5 million building expansion for a total incentive request of $200,000.00. Hornady Manufacturing, Inc. currently has over 330 employees and occupies over 140,000 sq. ft. of a plant that in a single day produces more bullets than the entire first year’s production. Markets include not only the United States, but much of Canada, Europe, Australia, Iceland, New Zealand, and parts of Africa. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with Hornady Manufacturing, Inc. 2. Do not approve the Economic Development Agreement with Hornady Manufacturing, Inc. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Hornady Manufacturing, Inc. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Hornady Manufacturing, Inc. Approved as to Form ¤ ___________ July 23, 2010 ¤ City Attorney R E S O L U T I O N 2010-208 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Hornady Manufacturing, Inc. has applied for a forgivable loan in the amount of $200,000.00 towards job incentives and building expansion from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on July 20, 2010 by the Citizens Advisory Review Committee; and WHEREAS, Hornady Manufacturing, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Hornady Manufacturing, Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Hornady Manufacturing, Inc., to provide $200,000.00 in economic assistance to Hornady Manufacturing, Inc., to be used for developing its business in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of July 14, 2010 through July 27, 2010 The Claims for the period of July 14, 2010 through July 27, 2010 for a total amount of $3,661,255.12. A MOTION is in order. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of July 14, 2010 through July 27, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of July 14, 2010 through July 27, 2010 for the following requisitions. #22 $14,192.45 A MOTION is in order. Tuesday, July 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council