04-01-2014 City Council Study Session Packet
City of Grand Island
Tuesday, April 1, 2014
Study Session Packet
City Council:
Linna Dee Donaldson
John Gericke
Peg Gilbert
Chuck Haase
Julie Hehnke
Kent Mann
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Mark Stelk
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
Grand Island Study Session - 4/1/2014 Page 1 / 36
City of Grand Island Tuesday, April 1, 2014
Call to Order
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.
Invocation
Pledge of Allegiance
Roll Call
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.
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City of Grand Island
Tuesday, April 1, 2014
Study Session
Item -1
Presentation of Parking Code Changes and Pre Pay Fuel
Ordinance
Staff Contact: Steven Lamken
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Council Agenda Memo
From:Steven Lamken, Chief of Police
Meeting:April 1, 2014
Subject:Changes to City Code Section 22 - Parking
Item #:1
Presenter(s):Steven Lamken, Chief of Police
Background
The regulation of parking in the City is important for traffic safety and the quality of life
in our residential areas. The Police Department is requesting changes in the ordinances
governing parking. Some of the changes are to update the City code to reflect current
practices and terminology. One of the recommendations creates a scofflaw (a law
addressing a contemptuous law violation) that would allow the Police Department to
impound a vehicle that has been issued two or more parking tickets that have not been
paid. Such vehicle impoundments would only occur if the vehicle was left parked on the
street or in a public parking lot. Another recommendation would formalize the
requirements for release of a vehicle from impoundment.
Between the dates of March 15, 2011 and March 15, 2014 there were 593 unpaid parking
tickets that have been issued on vehicles by the Police Department. Seventy-six (76) of
these vehicles have two or more unpaid parking tickets.
Discussion
22-102 and 22-104
The Police Department is recommending changing the term “tag” throughout the
ordinances to the term “ticket.” Parking violation notices have been called tickets and no
one can remember when the word tag was last used.
22-106
Section (1), We recommend deleting the term “police officer” and use the term
“authorized Police Department employee.” The Police Department has been using
Grand Island Study Session - 4/1/2014 Page 4 / 36
Community Service Officers for parking enforcement and towing vehicles for over a
decade. The language in the code needs to be updated to reflect the change.
Sections (1) B The Department is increasing parking enforcement efforts as part of our
quality of life efforts in Strategic Policing. Section B creates a scoff law provision in the
code that allows us to tow a vehicle that has two or more unpaid parking tickets. We
would have the authority to tow from the roadway or public parking lots but not private
property. This change creates sanctions for not paying parking fines which is currently
lacking in code.
Section (1) C. We are recommending that the code be amended to permit the towing of
vehicles that are a concern for public safety. Examples of such tows would be vehicles
that have been stripped of equipment and parts left on the street which are accessible to
children, vehicles that have burned and left on the street, and vehicles that are parked that
are creating a safety hazard to traffic by obstructing traffic lanes or driver vision.
Another example is a vehicle that is parked on the shoulder of the roadway in such a
manner as to create a hazard to traffic on the roadway.
We recommend eliminating the language of affixing a notice of towing tag to a vehicle
that we have towed to the impound lot and replacing it with a towing report that is filed at
the Police Department. A copy of this report is kept with the vehicle at the impoundment
facility. This is the current practice.
We recommend that the conditions for release of an impounded vehicle be established.
This would include the payment of any unpaid parking violations against the vehicle and
that the vehicle is properly registered and insured and that there is a licensed driver to
operate the vehicle. If the vehicle cannot be legally driven on the roadway, the option
would be to have the vehicle towed from the impound lot to a private property location at
the owners expense. This is the current practice.
Section (2) We recommend that the language “officer in charge” be changed to the Police
Department. The Department has not had a shift Captain working the service desk for
decades. The service desk Police Records Clerks and Community Service Officers are
the employees who currently process vehicles for release from the impound lot.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting for
action by City Council.
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Council Agenda Memo
From:Steven Lamken, Chief of Police
Meeting:April 1, 2014
Subject:Retail Fuels Pre Pay Ordinance
Item:1
Presenter(s):Steven Lamken, Chief of Police
Background
The Police Department is proposing the implementation of a “pre pay” ordinance for the
retail sale of fuel in Grand Island. A prepay ordinance would reduce crime, provide more
time for strategic policing initiatives and provide a level playing field for all retail
vendors in the City.
Discussion
The City Council has charged the Police Department with reducing crime in Grand Island
as set forth in the performance objectives established through the ICMA public safety
study. The ICMA recommendations also charged the Police Department to work towards
developing ordinances that would enhance our efforts. The FBI’s Uniform Crime Report
(UCR) indicates that Grand Island’s property crime rate is well above the national or state
average. The 2013 Police Department summary shows that our performance objective
target is 1756 UCR reported property crimes. The number of reported property crimes
was 2381. This is a significant difference.
The Police Department took 86 theft reports that were “gas drive off” or failure to pay for
fuel offenses in 2013. These were the crimes reported to the Police Department. Some
reports had possible offender information but some just the reported loss of fuel with no
other information. What is important is that these crimes were preventable with the use
of a prepayment system. While 86 crimes may not seem overwhelming, it is significant
when we are 625 property crimes over our objective and these crimes can be prevented.
A prepayment ordinance would also allow officer time spent on these thefts to be
redirected towards other policing activities.
The Police Department is proposing to create a “pre pay” ordinance for the retail sale of
gasoline and diesel fuel in the City. Prepayment ordinances are common in other
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locations in the United States. The Police Department ordinance draft is modeled after
the Kansas City, Missouri ordinance. The proposed prepayment ordinance would require
the retail purchaser of gasoline or diesel fuel to have pre approval authorization or
prepayment for the fuel. The other option would be if the fuel vendor provides full
service and dispenses the fuel. There are fuel vendors in Grand Island that currently
require pre approval or prepayment for the purchase of fuel. This is not a new concept in
our community.
The Police Department researched the use of prepayment ordinances that are in effect in
other cities. Our Crime Prevention Unit Officer made personal contact with the
owners/managers of most of the retail fuel vendors in the City. The feedback he received
was that many of the owners/managers were not opposed to prepayment for fuel, but
were hesitant to convert to prepay unless all vendors were required to implement prepay.
Some of them said that they supported the idea of a prepayment ordinance for all
vendors. We also sent a letter to all of the corporate offices or individual business
owners who are retail fuel vendors in Grand Island. The letter solicited their input and
reaction to the implementation of a fuel prepayment ordinance in Grand Island. A draft
of the letter is attached. We received one response from the manager of one vendor in
Grand Island but not the corporate office of the corporation. The manager’s response
expressing his concerns is also attached.
The major inconvenience in the establishment of a prepayment ordinance is for customers
who are using cash for an unspecified dollar amount (i.e. filling up the gas tank). This
customer would be required to enter the business and make a cash prepayment. If the
actual costs were less than the prepayment amount, the customer would then be required
to enter the business again to receive the change due them. Customers who make a cash
prepayment and purchase the amount of fuel that was paid for would not be required to
enter the business a second time.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting for
action by City Council.
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ORDINANCE NO.
An ordinance to amend Chapter 22 of Grand Island City Code; to amend Section
22-102; Section 22-104; and Section 22-106; to add Article XIII Gasoline Sales Sections 22-147
thru 22-149; to clarify and/or make general corrections to various code sections, to repeal 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 22-102; Section 22-104; and Section 22-106; and Sections
22-147 thru 22-149 of the Grand Island City Code is hereby amended to read as follows:
§22-102. Official Police Tag Ticket to Be Issued
Each violator of the parking provisions of this article or Article XII in this chapter shall
be given notice in the form of an official police tag ticket attached to the offending motor
vehicle, which notice shall require such violator to appear at the police department.
§22-104. Appearance In Response to Police Tag Ticket
Persons receiving police tags tickets for violations of this article or Article XII of this
chapter shall have five (5) days from the date on which the official tag ticket was attached to the
offending motor vehicle to report in person to the Police Department with said official police tag
ticket and pay the amounts set out in §22-103, or to mail the official police ticket and full
payment as set out in §22-103 to the Police Department. Further, said persons shall also be in
violation of the provisions of this Code and subject to the penalties provided herein.
§22-106. Impounding of Vehicles Generally
(1) Whenever any vehicle is found by a police officer an authorized Police Department
employee to:
(A) Be parked, abandoned, or left standing in the streets or alleys of the City in
violation of the provisions of this chapter; or
(B) Have two (2) or more unpaid overdue parking tickets; or
(C)Be a danger to the public, health, welfare and or safety,
such police officer Police Department employee may remove and convey such vehicle, or cause
such vehicle to be removed and conveyed by means of towing or otherwise, to the automobile
pound. A police tag shall be attached to such impounded vehicle indicating that such vehicle has
been impounded, and directing the owner or operator to appear at the police department. A report
documenting the reason for and the towing of the vehicle shall be completed by the Police
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ORDINANCE NO. (Cont.)
- 2 -Approved as to Form ¤ ___________
March 28, 2014 ¤ City Attorney
Department employee and placed in a designated location for such reports. No impounded
vehicle shall be discharged released or removed from impoundment prior to the public sale
provided for in §22-108 except by the payment by the owner, operator, or driver of such
impounded vehicle, of all unpaid overdue parking tickets, of an impounding fee as set forth in
the User Fee Schedule approved and adopted by the City Council, plus and any towing and
storage charge assessed against such automobile as provided for in §22-107. Further, no
impounded vehicle shall be released from impoundment without:
(A)The person claiming the vehicle, or another person accompanying them,
presenting for inspection a valid driver’s license; and
(B)The vehicle being properly registered and insured for operation upon the
roadway in accordance with State Statute.
In the event that conditions (A) and (B) above cannot be met, the vehicle may be released to a
towing service only after the owner arranges for the vehicle to be towed from the impoundment
facility by the towing service and is not operated on the roadway.
(2) When, and if, the owner, operator, or custodian of such automobile presents
himself/herself at the Police Department in response to the impoundment notice, it shall be the
duty of the officer in charge Police Department to inform such person of the nature of the
violation for which such vehicle was impounded. In case the owner, driver, or custodian of any
impounded vehicle executes an affidavit denying the facts upon which the impoundment has
been based, and protesting the payment of such impounding, towing, and storage fees, the receipt
for the same shall be marked, "Paid Under Protest," and in such case it shall become the duty of
the chief of police to make complaint in conformity with the provisions of this Code, or other
ordinances of the City. If such person is found not guilty by the court upon such charges, it shall
be the duty of the chief of police to refund to such person the fees so paid under protest.
(3) Neither the owner, lessee, nor occupant of the premises from which any abandoned
vehicle shall be removed, nor the City of Grand Island shall be liable for any loss or damage to
such vehicle which occurs during its removal or while in the possession of the City or its
contractual agent, or as a result of any subsequent disposition.
(4) It shall be the duty of the chief of police, or their designee, to account for any fees
collected by him the Police Department under the provisions of this section to the city treasurer,
who shall place the same in the police fund. The chief of police, or their designee, shall also keep
a record of the name of the owner of each impounded vehicle containing the name of the owner,
the registration plate numbers (if any), and the make, and model and year of the vehicle, of each
impounded vehicle, as well as the nature of each violation involved and the ultimate disposition
of each impoundment impounded vehicle.
Article XIII. Gasoline Sales
§22-147. Definitions
For the purpose of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Full Service: A business that sells gasoline and/or diesel fuel where only an
employee of the business dispenses the gasoline and/or diesel fuel at the dispensing
device or fuel pumping device.
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ORDINANCE NO. (Cont.)
- 3 -Approved as to Form ¤ ___________
March 28, 2014 ¤ City Attorney
Pre-approval: The business has issued an identification card to the purchaser that
verifies and records the purchaser’s driver’s license information.
Pre-payment: Payment in advance for any quantity of gasoline or diesel fuel sold at
any time by cash, credit card, debit card, check or any other legal means.
§22-148. Pre-Payment or Pre-Approval Gasoline Sales
(1) Business establishments that sell retail gasoline and or diesel fuel shall require pre-
payment or pre-approval of sales of fuel prior to activation or authorization of any fuel
dispensing unit or fuel pumping device.
(2) Business establishments that provide full service gasoline and/or diesel fuel sales shall
not be required to have pre-payment or pre-approval sales.
§22-149. Penalty
Any business owner, manager/supervisor, or employee who violates any provision of this
article shall be subject to a fine one hundred dollars ($100.00) for each offense.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: ___________, 2014.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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POLICE
Changes to Section 22 - Parking
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POLICE
Purpose
Update language in code
Create a “Scofflaw” violation in code
Formalize Policy on release of vehicles from impoundment
in code
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POLICE
Language Updates
22-102, 22-104 Change “Tag” to “Ticket”
22-106 (1) Change “Police Officer” to “Employee”
22-106 (1) Change “Notice of Towing Tag” to
“Towing Report”
22-106 (2) Change “Officer in Charge” to “Police
Department”
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POLICE
Scofflaw & Public Safety
22-106 (1) Scofflaw provision would allow the
towing and impoundment of vehicles with two or
more unpaid parking tickets from streets or public
parking lots.
22-1-6 (1) Public Safety provision would allow the
towing of a parked vehicle that is creating a hazard to
public safety.
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POLICE
Release of Impounded Vehicles
22-106 Release Requirements
A person with a valid operators license
The vehicle is properly registered, licensed and insured
Absent either of the above, the vehicle is towed by towing
service and not operated on the roadway
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POLICE
Fuel Prepayment Ordinance
Purpose
Reduce Crime – Stop Gas Drive Offs
Reduce Patrol Committed Time
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POLICE
Fuel Prepayment
Option of Prepayment, Preauthorization or Full
Service
Common in Other Areas of the Country
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POLICE
Fuel Prepayment
Prepay, Preauthorization and Full Service being used
in Grand Island.
Vendor Survey
Feedback
Officer Contacts
Response to Letters
Inconvenience to persons using cash and wanting to fill
their tank.
Grand Island Study Session - 4/1/2014 Page 18 / 36
December 30, 2013
Retail Fuel Vendor
Dear Sirs:
There are a significant number of motorists throughout the City who are filling their fuel tanks
and driving off without paying. The Grand Island Police Department responds to and
investigates these offenses when reported to us. Frequently there is inadequate information to
conduct an investigation. Often the information provided an officer is inaccurate.
Investigations show that employees frequently provide the wrong or incomplete information
on an offending vehicle and the operator/owner of a reported offending vehicle has a receipt
for their purchase. Other investigations show that the person paid for other items and was
unaware or not charged for their fuel purchase and left inadvertently without paying for fuel.
Another concern is that when an investigation does identify an offender and an officer makes
contact, the business will accept belated payment for the fuel and not pursue criminal charges
thus using the Police Department resources as a collection agency.
The reporting and investigation of failure to pay fuel drive offs requires a significant amount of
time and expense of the Grand Island Police Department that can be avoided. This loss of time
detracts from our ability to perform proactive policing opportunities regarding other
community concerns. The Police Department cannot fulfill our commitment to implementing
community oriented, strategic policing without more available time.
Pre-payment and/or pre-approval retail sales of gasoline and/or diesel fuel is a proven strategy
to prevent a great majority of drive offs. The use of pre-payment and pre-approval for fuel
dispensing is currently used by vendors in Grand Island and many other locations and does not
create significant issues.
The Police Department has prepared an ordinance to bring before the City Council that would
mandate the use of pre-payment or pre-approval of retail sales of gasoline and/or diesel fuel
for all vendors in the City. We propose to allow sixty days for vendors to make changes after
the ordinance would take effect if approved by the Council. An exception to this mandate
would be if the vendor provided full service and only an employee dispensed the fuel.
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We are seeking your input regarding our action. A draft copy of the proposed ordinance is
attached with this letter for your review. We ask that you contact Chief Steven Lamken by
email, mail or telephone if you have comments about this action. The contact information is:
GIPoliceChief@grand-island.com
Steven Lamken, Police Chief
Grand Island Police Department
111 Public Safety Drive
Grand Island, NE 68801
308-385-5400
Sincerely,
Steven Lamken
Police Chief
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Ampride/CPI
Bosselman Corporation
Casey’s General Store
Coffins Corner
Conoco One Stop
Gas Island
Git N Split Corporation
Hy Vee Corporation
Kessingers
Paulsen’s Rite Way
Pumpers
Snac Shac
Grand Island Study Session - 4/1/2014 Page 21 / 36
Chief Lamken,
I have reviewed the memo stating the Grand Island Police Department’s desire to have all non-full-
service fuel vendors in town to require prepays or pre-approval to complete fuel transactions. The
premise behind such desires is a noble cause that both the police department and vendors can
appreciate. I can tell you that our station has had its fair share of drive offs and it is a pain for us when
they occur.
However, it would be even more trying on our customers and our staff to require prepay or pre-
approval only. I would say that at least half of our fuel sales are done by customers coming in to pay
inside the store after they have pumped. I imagine there are quite a few other vendors where this is the
same. Requiring customers to come inside before they pump will only make things more complicated for
the city’s fuel vendors and their customers.
I think the main problem with this issue is the lack of understanding that many of the fuel stations in this
city have. I think it would be a better investment in the department’s resources if all the station’s in
town are educated in how to proceed when a drive off occurs. If the station is not going to file a criminal
charge, then they should not call the police. I can’t even tell you the last time we called in a drive off. I
understand the difficulty for the police to track down a drive off so we don’t even bother with calling
them in. I have relayed this to my employees and so they also understand the difficulty of reporting the
drive offs to the police. My employees and I also go to great lengths to reduce the amount of drive offs
we have by greeting every customer that comes up to get gas. That way the customer knows we are
aware they are fueling up and greatly reduces the chance that they will not come in to pay for their fuel.
Over the last few months, we have had less than ten drive offs total during one of our busiest times of
the year. If more fuel vendors would proactively try to prevent drive offs, the GI Police Department
wouldn’t even have to propose an ordinance like this for the city council to approve.
Another thing the department could implement would be a “false alarm” fee much like the fire
department uses. This fee would be charged to the vendor if they call in a drive off without having all of
the necessary information, or if the information is inaccurate. This would help to make up for the lost
time and wages if there isn’t enough to prosecute. I think this would also deter fuel stations from calling
the department to track down drive offs.
I hope you will take these comments into consideration when you go before the council. I think that
these measures put forth in the ordinance will drastically change the way that Hy-Vee, and other fuel
vendors, do their business. Thank you for all that you and the department do.
Sincerely,
Tyler Hulme | Fuel Station Manager
Hy-Vee, Inc | 118 Wilmar Ave. | Grand Island, NE 68803
Phone 308.381.0615 | Email 1221cstoremgr@hy-vee.com
Grand Island Study Session - 4/1/2014 Page 22 / 36
City of Grand Island
Tuesday, April 1, 2014
Study Session
Item -2
Presentation on Cemetery Planning
Staff Contact: Todd McCoy, Parks & Recreation Director
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Grand Island Cemetery – Brief History
The Cemetery was started in the 1860s with 20 acres south of
Stolley Park Road – privately owned.
The City began cemetery operations in 1897 when Council
approved the acquisition of the private cemetery. At the same
time Council approved the “new” cemetery to the north of
Stolley Park Road.
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Foreseeing future needs, in June of 2000 City Council
authorized the acquisition of 22 acres of land just
north of the cemetery formerly known as the Webb
Sale Barn.
The property was purchased with the Cemetery
Reserve Fund for $345,000.
Resolution 2000-307 states ‘that the property will be
used for athletic fields until such time as it is needed
for cemetery use.’
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Total Lots Available
0
500
1000
1500
2000
2500
3000
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Grand Island Study Session - 4/1/2014 Page 26 / 36
Percentage of Traditional & Ash Burials
0
10
20
30
40
50
60
70
80
90
100
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
% Traditional Burials
% Ash Burials
Grand Island Study Session - 4/1/2014 Page 27 / 36
Short Term Ideas
Construct columbarium system
Estimated construction cost is
about $15,000 per 50 niche unit
Request that City Council change
City Ordinance requiring flat
markers in Section J. Allowing
upright headstones would not
increase the total available spaces,
but would increase selection.
Another alternative is to discount
the price of the flat marker section.
Grand Island Study Session - 4/1/2014 Page 28 / 36
OPTIONS
Develop Webb Road property
Pros: Close proximity – efficient use of staff and supplies
Cons: Eventual loss of athletic fields
Acquire alternate cemetery expansion location
Pros: Keep athletic fields
Cons: Repay cemetery trust fund and acquire land
Likely increased operational cost to manage remote site
Do not expand the cemetery operation
Pros: Keep athletic fields
Cons: Repay cemetery trust fund
New cemetery lot sales will eventually conclude
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On January 28, 2014 the hiring of a consulting firm to
complete a cemetery master plan was put on hold.
The recommendation is to continue down that path in
order to have a professional analysis and provide
strategic direction.
Evaluate current cemetery and operations
Alternate site recommendations
Phased cemetery master plan including
construction cost estimates
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City of Grand Island
Tuesday, April 1, 2014
Study Session
Item X1
Strategy Session with Respect to Real Estate Purchase
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Robert Sivick
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