03-16-2004 City Council Special Meeting PacketCity of Grand Island
Tuesday, March 16, 2004
Special Meeting Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
Fred Whitesides
City of Grand Island City Council
Call to Order
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.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
City of Grand Island City Council
Item E1
Public Hearing for the Purpose of Hearing Testimony Concerning
the City's Proposed Comprehensive Development Plan
Tuesday, March 16, 2004
Special Meeting
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity AICP
Hall County Regional Planning Director
Meeting: March 16, 2004
Subject: Comprehensive Plan and Zoning Regulations
Item #’s: E1, E2, G1
Presenter(s): Keith Marvin, JEO Consulting
Chad Nabity, AICP Hall County Regional Planning
Director
Background
In March of 2002 the Hall County Regional Planning Department began working with
JEO Consulting Inc. of Wahoo Nebraska to update the comprehensive development
plans, zoning and subdivision regulations for Grand Island, Hall County, Wood River,
Alda, Doniphan and Cairo.
The process for Grand Island, over the course of the last two years, included four town
hall meetings, eight subcommittees that comprised of over 130 citizens suggesting goals,
objectives and policies for their committee, as well as monthly meetings with a steering
committee. The steering committee was made up of more than 25 citizens and city of
Grand Island staff.
Council has received copies of the comprehensive plan and proposed zoning and
subdivision regulations. Copies are available for public viewing at the Grand Island
Public Library and at the Hall County Regional Planning Commission office.
Discussion
The Hall County Regional Planning Commission held public hearings on the plan and
proposed regulations on February 18, 2004. The planning commission has recommended
that the Grand Island City Council approve the plan and regulations as presented. A copy
of the planning commission recommendation is attached.
The Comprehensive Plan and updated regulations are not significantly different from the
plan and regulations currently in place for Grand Island. Definitions have been
modernized and language in some of the districts has been clarified to make it consistent
with interpretation and enforcement of the current regulations.
A synopsis of the changes to the zoning regulations is included as a separate document.
The subdivision regulations have been modified with updated definitions and a
requirement that final plats need to be tied into three approved known points, and a
requirement for submission of final plats in electronic format with specified layers.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Discuss the proposed plan and regulations and direct staff to bring these
forward for approval at a future date as presented.
2. Discuss the proposed plan and regulation and direct staff to make specific
modifications to the plan and/or regulations and bring the modified plan and
regulations forward for approval at a future date.
3. Discuss the proposed plan and regulation and direct staff to make specific
modifications to the plan and/or regulations and send the modified plan and
regulations back to the planning commission for a new hearing and
recommendation.
Recommendation
City Administration recommends that the Council discuss the proposed plan and
regulations and direct staff to bring these forward for approval at a future date as
presented.
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February 19, 2004
Honorable Jay Vavricek, Mayor
And Members of the Council
City Hall 100 E. 1st Street
Grand Island, NE 68801
Dear Members of the Council:
RE: COMPREHENSIVE PLAN, ZONING REGULATIONS, SUBDIVISION
REGULATIONS.
At the meeting of the Regional Planning Commission, held February 18, 2004, the above
items were considered.
Keith with JEO Consulting Group gave a brief summary of the Comprehensive Plan, he
said it is based on the needs and desires of the community. He said the plan tries to
minimize conflicts between land uses. Keith said the zoning was looked at they tried to
keep what was working and change what was not working. He noted one of the major
changes being to create a large lot residential zone, for the areas of town that currently
have houses built on larger lots like ½ acres.
Keith said they have changed a few things in the 2 mile zoning jurisdiction into Merrick
County, to the people living in this area do not have to meet the strictest of the two
regulations between Grand Island and Merrick County anymore, they will only have to
comply with the Grand Island regulations.
Nabity explained that Merrick County has requested that an Inter-jurisdictional Planning
Commission be created between Merrick County Planning Commission, and Hall County
Planning Commission, with 3 members from each Merrick County & Hall County. The
newly created Planning Commission would only make decisions on property located in
the area of Merrick County that also falls within the Grand Island 2 mile zoning
jurisdiction, and would then make a recommendation to the Grand Island City Council.
Randy Stueven gave the Planning Commission members copies of a few letters
concerning the concurrent jurisdiction. He said they would like us to hold off on making
a decision on this until the Inter-jurisdictional Planning Commission is created and in
place. He said the people that live in the concurrent jurisdiction deserve representation
from Merrick County as well.
Gary Mathis Merrick County Planning & Zoning Administrator said he also would like to
see no action taken on the concurrent jurisdiction until the Inter-jurisdictional Planning
Commission is created so there is no lapse in representation.
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Greg Baxter asked for clarification on the zoning his cattle operation would be located in
under this new plan, and if it would be allowed to operate as it is now, and also on the
taxability that the tax levy would not change until the land was platted, and not because
it is in a different zoning classification.
Nabity said the taxability would continue as it does now and not change until the land
was platted. He said Baxters will be allowed to operate as they are today with not
problems or conditional uses, they would be grandfathered in as a nonconforming use.
He said if they wanted to expand their operation they would need to apply for an
expansion of a non conforming use by a conditional use permit.
Following further discussion a motion was made by Ruge and 2nd by Brown to approve,
and recommend the City of Grand Island approve the Comprehensive Plan for the City
Of Grand Island.
A roll call vote was taken and the motion passed by a unanimous vote of the 10
members present (Amick, Haskins, Lechner, O’Neill, Brown, Niemann, Miller, Ruge,
Monter, Hayes).
Following further discussion a motion was made by Niemann 2nd by Amick to approve
and recommend the City of Grand Island approve the Subdivision and Zoning
Regulations for the City of Grand Island.
A roll call vote was taken and the motion passed by a unanimous vote of the 10
members present (Amick, Haskins, Lechner, O’Neill, Brown, Niemann, Miller, Ruge,
Monter, Hayes).
Yours truly,
Chad Nabity AICP
Planning Director
Item E2
Public Hearing for the Purpose of Hearing Testimony Concerning
the City's Proposed Zoning and Subdivision Regulations
Tuesday, March 16, 2004
Special Meeting
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Grand Island Zoning Ordinance Changes with the 2004 Comprehensive Plan
This is intended to present the major changes to the Grand Island Zoning Ordinance.
Changes to the text and map will be highlighted. This is not a comprehensive list of
every single change but rather an effort to identify major changes.
Definitions
Many new definitions have been added to the regulations.
Removal of Concurrent Jurisdiction with Merrick County
State statute gives the City of Grand Island the ability to exercise an
extraterritorial jurisdiction in an area up to 2 miles from the Grand Island city limits.
Grand Island has exercised this jurisdiction since the early 1980’s. Since that time Grand
Island has allowed Merrick County to exercise concurrent jurisdiction over those areas
that are in the Grand Island ETJ and within Merrick County. People living in Merrick
County within the Grand Island ETJ are currently required to meet the most stringent
regulations between both Grand Island and Merrick County.
As a matter of planning for future development of the City Of Grand Island it is
important that Grand Island maintain zoning and subdivision authority within the allowed
2 mile ETJ. It is unfair to the those people in Merrick County to have to follow two sets
of regulations. The consultant is recommending that concurrent jurisdiction language be
removed and staff agrees.
General Provisions
This section contains the Exceptions and Encroachments and Non-Conforming Use
Section of the old code.
Zoning Districts
AG-1 Primary Agricultural Zone
This district is located north and east of the Central Nebraska Regional Airport. This
district allows for the development of large animal feeding operations by conditional use
permit in areas of Hall County and Merrick County within the Grand Island ETJ that are
unlikely to experience urban development within the scope of this plan based on their
location. Animal feeding operations with more than 1000 animal units require a
conditional use permit.
AG-2 Secondary Agricultural Zone
Similar to the current AG district.
Animal feeding operations with more than 300 animal units require a conditional use
permit. New animal feeding operations with more than 1000 animal units are not
permitted.
AG-SC Special Agriculture/Conservation Zone
This is a CAAP Zoning district. No changes are proposed.
AG-SE Special Agriculture/Events Zone
This is a CAAP Zoning district. No changes are proposed.
AG-SI Special Agriculture/Industrial Zone
This is a CAAP Zoning district. No changes are proposed.
SRC-Special Recreation Conservation Zone
This is a CAAP Zoning district. No changes are proposed.
Undeveloped properties within the Grand Island City Limits that are zoned currently
zoned TA will be rezoned to a district that conforms to the future land use map.
Production of row crops is a permitted use in all districts so agricultural deferments that
are in place or necessary to extend infrastructure would not be effected. Greenbelting is
not impacted as these properties are already within the corporate limits of Grand Island
and not eligible for greenbelting.
TA-Transitional Agriculture
This district has a minimum lot size for residences of 20 acres (part of a farm). This is a
holding district for areas immediately adjacent to the Grand Island City Limits. Most TA
will be located outside of the City Limits. Confined animal feeding is allowed to a
maximum of 300 animal units or a density of 1 animal unit for the first acre and an
additional animal unit per ½ acre of property. (eg on a 20 acre parcel the maximum
density would be 39au. 1 for the first acre and 38 for the 19 remaining acres.)
LLR Large Lot Residential
This is a new zone designed to encompass those areas currently zoned TA and developed
with housing on ½ acre lots. This zoning district will allow housing at the same densities
and under the same conditions as the existing TA district. Livestock is permitted as
allowed by the Grand Island Animal Ordinances.
R-1 Suburban Residential
Similar to the existing R-1 Suburban Residential District.
R-2 Low Density Residential
Similar to the existing R-2 Low Density Resdential District.
R-3 Medium Density Residential
Similar to the existing R-3 Medium Density Residential District.
R-4 High Density Residential
Similar to the existing R-4 High Density Residential District. Group homes with less
than 8 individuals and elderly assisted living facilities are permitted by conditional use
permit.
RO Residential Office District
Similar to the existing RO Residential Office District. Group homes with less than 8
individuals and elderly assisted living facilities are permitted.
B-1 Light Business Zone
Similar to the existing B-1 Light Business District.
B-2 General Business Zone
Similar to the existing B-1 General Business District.
B-3 Heavy Business Zone
Similar to the existing B-3 Heavy Business District.
ME-Industrial Estates Zone
Similar to the existing ME-Industrial Estates District.
M1-Light Manufacturing Zone
Similar to the existing M1-Light Manufacturing District.
M2-Heavy Manufacturing Zone
Similar to the existing M2-Heavy Manufacturing District.
M3-Mixed Use Manufacturing Zone
Similar to the M3-Central City Manufacturing District. The name is changing to more
accurately reflect the district.
CD Commercial Development Zone
Similar to the existing CD Commercial Development Zone.
RD Residential Development Zone
Similar to the existing RD Residential Development Zone.
TD Travel Development Zone
Similar to the existing TD Travel Development Zone.
Overlay Districts
AC-Arterial Commercial Overlay
Similar to the existing AC Arterial Commercial Overlay
GCO Gateway Corridor Overlay
Similar to the existing GCO Gateway Commercial Overlay. On the zoning map the
entire west side of Locust Street south of U.S. Highway 34 will be included in the GCO.
R-M Mobile Home Residential District
This would replace the M and MD overlay districts currently used within Grand Island.
New mobile home parks would be required to rezone to an R-M district. This district is
an overlay allowed on any residential zoning district.
A Airport Zone
Similar to the existing A Airport Zone.
Conditional Use Permits
Similar to existing Conditional Use Permit Process.
Supplemental Regulations
Similar to existing supplemental Regulations. Tower regulations are moved to within
this section. Landscaping regulations have been modified for new zoning districts.
Home Occupation standards are here rather than in the definition section. Includes
industrial performance standards. Parking standards and parking lot design standards are
similar to existing regulations but have been updated.
Floodplain Regulations
Floodplain regulations have been modified to conform to the latest version of the model
flood plain ordinances as developed by the Nebraska Natural Resources Commission.
Board of Adjustment
Similar to existing Board of Adjustment regulations.
Amendments, Enforcement, Permits and Penalties
This section contains the Certificate of Occupancy and Miscellaneous sections of the old
code.
Item G1
Discussion Concerning City's Proposed Comprehensive
Development Plan and Zoning & Subdivision Regulations
This is an opportunity for Council to discuss issues brought up during the Public Hearings.
Tuesday, March 16, 2004
Special Meeting
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Item G2
#2004-57 - Approving Letter of Support for Essential Air Service
to the Department of Transportation (DOT)
Tuesday, March 16, 2004
Special Meeting
City of Grand Island
Staff Contact: Gary Greer
City of Grand Island City Council
Council Agenda Memo
From: Gary D. Greer, City Administrator
Meeting: March 16th, 2004
Subject: Endorsement of Tri-County Initiative for Air Service
Item #: G-2
Presenter(s): Mayor Jay Vavricek
Background
For the last few weeks, communities that are eligible for Essential Air Service (EAS)
funding have been reviewing bids from airlines for the federal program. In the process of
review, regional discussions have come about with the emphasis to band area Cities
together to build a program that takes advantage of the influence of the entire region. It
has been concluded that by working together, Central Nebraska can create better air
service for the region as a whole.
In order to facilitate discussions along this line, an open meeting was held on Wednesday,
March 10th, 2004. About 100 interested people, including many Council Members,
attended and a “Tri-City Initiative” was brought out that accomplishes regional
participation concerning Essential Air Service. Basically, Kearney will ask for their
flights to go to Kansas City, with a stop in Grand Island. In turn, Grand Island will ask
for their flights to go to Denver, with a stop in Kearney. This will allow regional fliers to
travel to 2 hubs, which is of great advantage.
Discussion
Mayor Vavricek has been a strong leader concerning the issue and has called for the open
process and has demanded a regional approach to the issue. His efforts, along with the
hard work of the Hall County Airport Authority and the Kearney Air Task Force have
brought about the ground breaking solution that has been jointly developed. The Tri-City
Initiative is a great step in regional cooperation and should lead to even more
advancement in the future.
The Department of Transportation has asked the Mayor’s of EAS communities to make
their recommendation concerning the routes before March 18th in order for them to
finalize the process of determining the final plan. A letter from the Department of
Transportation is attached for review. The Mayor strongly wanted to include the City
Council in the process; therefore, the item is on the agenda to allow for discussion and
possible support of his endorsement to the Department of Transportation. Attached are
Resolutions 18-04 and 19-04 from the Hall County Airport Authority which ask for
regional support and indicate their recommendation for EAS air service, along with the
Mayor’s letter of support. Their recommendation follows the Tri-City Initiative and
opens the door for a recommendation to the Department of Transportation from all
regional partners.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the resolution of support
2. Deny the resolution of support
3. Modify the resolution to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve Resolution # 2004-57 which
approves the Mayor’s endorsement letter for Essential Air Service and the Tri-City
Initiative for air service in Central Nebraska.
Sample Motion
Move to approve Resolution # 2004-57 concerning communities endorsement of
Essential Air Service program.
Approved as to Form ¤ ___________
March 12, 2004 ¤ City Attorney
R E S O L U T I O N 2004-57
WHEREAS, the Central Nebraska Regional Airport has been working diligently to improve the air
service options available to central Nebraskans and to increase the number of enplanements from the local airport;
and
WHEREAS, the Department of Transportation is presently accepting recommendations until
March 18, 2004, to award a two-year contract for Essential Air Service; and
WHEREAS, such contract could provide up to $1 million in improvement funds contingent on the
number of enplanements; and
WHEREAS, the Central Nebraska Regional Airport and the Kearney Municipal Airport have
joined forces to develop a Tri-City Initiative to bring both eastbound and westbound air service to the central
Nebraska region; and
WHEREAS, on March 12, 2004, the Hall County Airport Authority approved a resolution
authorizing the Tri-City Initiative to submit a recommendation to the Department of Transportation to provide
eastbound air service from Kearney, Nebraska to Kansas City, Missouri, with one stop in Grand Island, and to
provide westbound air service from Grand Island, Nebraska to Denver, Colorado, with one stop in Kearney,
Nebraska; and
WHEREAS, the recommendation by the Tri-City Initiative would serve more passengers in central
Nebraska, and would be the best use of federal Essential Air Service subsidies; and
WHEREAS, the City of Grand Island supports the cooperative efforts of the Tri-City Initiative in
efforts to increase affordable, convenient options for air travel for central Nebraska; and
WHEREAS, increased air traffic to serve central Nebraska would be a valuable asset to the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the City of Grand Island hereby
pledge their full support, endorsement, and cooperation with the Tri-City Initiative in their efforts in submitting a
recommendation to the Department of Transportation seeking Essential Air Service improvement funding to
provide eastbound air service from Kearney, Nebraska to Kansas City, Missouri, with one stop in Grand Island,
and to provide westbound air service from Grand Island, Nebraska to Denver, Colorado, with one stop in
Kearney, Nebraska.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a letter to the
Department of Transportation expressing support for such project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 16, 2004.
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G3
#2004-46 - Approving Agreement with Grand Island Skeet and
Sporting Clays Club
Tuesday, March 16, 2004
Special Meeting
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: March 16, 2004
Subject: Agreement for loan to Grand Island Skeet and Sporting Clays
Club
Item #’s: G-3
Presenter(s): Steve Paustian
Background
For over twenty five years the Grand Island Skeet and Sporting Clays Club has operated
a City owned shooting facility. With the need to relocate the Club from the City well
field it was determined that the Clubs new home would be on land the City purchased at
the former CAAP site. Since October of last year this relocation has been taking place.
To date, most of the relocation activities have been completed.
Discussion
The Club has invested over $100,000.00 of Club funds to assist in the cost of this
relocation. The Club is committed to provide another $100,000.00 of funding for the
project as well. This additional funding will be provided primarily from funds received
from several local trusts. Because the receipt of these funds will happen over several
years the club has asked for a loan of $100,000.00 from the City to complete their portion
of the project. The loan will be paid back as grant funds are received. It is anticipated
that all fund will be paid back within five years. All funds will be spent on construction
items with all of the improvements being owned by the City of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the agreement.
2. Disapprove or /Deny the agreement.
3. Modify the agreement to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council enter into an agreement with the Grand
Island Skeet and Sporting Clays Club to provide for the loan.
Sample Motion
Approve the agreement with the Grand Island Skeet and Sporting Clays Club.
AGREEMENT
On the terms and subject to the conditions of this Agreement, the GRAND ISLAND
SKEET & SPORTING CLAYS CLUB, INC. of Grand Island, Nebraska, shall have permission
to use facilities to be constructed on city property for skeet, trap and sporting clay range
facilities, said facilities to be owned by the City of Grand Island, Nebraska.
It is agreed by and between the parties, that the City of Grand Island, shall contribute
funding for the construction and development of the facilities and that the Grand Island Skeet &
Sporting Clays Club, Inc. shall also contribute funding to assist in the construction of the
facilities. The Grand Island Skeet & Sporting Clays Club, Inc., shall contribute over $200,000.00
toward the development of the facilities. The City of Grand Island, to assist the Grand Island
Skeet & Sporting Clays Club, Inc. in obtaining funding from various sources, including funding
from local foundations, shall loan to the Grand Island Skeet & Sporting Clays Club, Inc. the
amount of $100,000.00, which shall be repayable to the City of Grand Island over a period of
five years. Said loan shall not bear interest.
The Grand Island Skeet & Sporting Clays Club, Inc., in receipt of the loan funds from the
City of Grand Island shall use all of the funds for the improvement of the facilities, and all
improvements made by the Grand Island Skeet & Sporting Clays Club, Inc., once completed,
shall belong to and become the property of the City of Grand Island.
All funds received by the Grand Island Skeet & Sporting Clays Club, Inc. from the City
of Grand Island shall be expended within the first twelve months after receipt or any unexpended
funds shall be returned to the City of Grand Island, constituting a repayment towards the
$100,000.00.
Itemized receipts and accountings shall be made between the Grand Island Skeet &
Sporting Clays Club, Inc., and the Parks & Recreation Director and the Finance Director of the
City of Grand Island to coordinate that the funds are being properly spent for the development of
the skeet, trap and sporting clay range facilities.
In consideration of the Grand Island Skeet & Sporting Clays Club, Inc. making said
expenditures and obligating itself to repay the $100,000.00 to the City of Grand Island, it is
further anticipated that the City of Grand Island shall expend funds of at least $100,000.00 over
the next five years towards development of said facilities.
The Grand Island Skeet & Sporting Clays Club, Inc. shall make no claim of ownership to
any of the facilities located on city property.
The Grand Island Skeet & Sporting Clays Club, Inc. agrees to repay the $100,000.00 and
reimburse to the city for its right to use the facilities, the amount of $25,000.00, which is due and
payable on the last day of the second year after the execution of this agreement, $25,000.00 due
and payable on the last day of the third year after the execution of this agreement, $25,000.00
due and payable on the last day of the end of the fourth year after the execution of the agreement,
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and $25,000.00 due and payable on the last day of the fifth year after the execution of the
agreement.
Any loss or damage to the facilities during the construction of the facilities, which is
being paid for and supervised by the Grand Island Skeet & Sporting Clays Club, Inc., shall be at
the sole risk of the Grand Island Skeet & Sporting Clays Club, Inc..
The Grand Island Skeet & Sporting Clays Club, Inc., during the period of time covered
by this agreement, shall provide to the City of Grand Island proof of having insurance in place
which insures the facilities against fire, theft, damage or destruction and against such other risks
in such amounts as the city may reasonably require. The Grand Island Skeet & Sporting Clays
Club, Inc. shall also have in force at all times a public liability insurance policy which shall be
paid for out of its funds at its own cost and expense, giving protection to the extent of a
minimum of $500,000.00 in the event of death or injury to any one individual, and
$1,000,000.00 in the event of injury or death to more than one individual, if such death or injury
arises in connection with the program or event or use of the facilities by the Grand Island Skeet
& Sporting Clays Club, Inc.. Any such insurance shall include as an additional insured the City
of Grand Island. Such insurance shall be placed with an insurance company approved by the City
of Grand Island and shall provide that the insurance company will give the City of Grand Island
thirty (30) days written notice before the policy may be altered or canceled. The Grand Island
Skeet & Sporting Clays Club, Inc. shall deliver a proof of insurance policy or certificate of
insurance to the City of Grand Island prior to commencing any work or construction at the
facility. The Grand Island Skeet & Sporting Clays Club, Inc. shall indemnify, defend and hold
the City of Grand Island harmless from and against any and all loss, damage, cost or expense to
the facilities or for any other liability not compensated for by insurance.
This agreement or any rights hereunder may not be assigned or otherwise transferred by
the Grand Island Skeet & Sporting Clays Club, Inc. and shall not inure to the benefit of any other
party without prior written consent of the City of Grand Island.
This agreement shall be governed by and construed in accordance with the laws of the
State of Nebraska.
At any time, after the execution of this agreement, if the Grand Island Skeet & Sporting
Clays Club, Inc. shall no longer make use of the facilities nor wish to continue in cooperation of
the development of the facilities with the City of Grand Island, any unpaid amount of the initial
$100,000.00, shall become due and payable in full at that time. Said amount that shall be due and
payable, is to become due without further written notice or demand to be made by the City of
Grand Island to the Grand Island Skeet & Sporting Clays Club, Inc.. The Grand Island Skeet &
Sporting Clays Club, Inc. hereby waives its right to any notice or demand for repayment of any
proceeds provided by the City of Grand Island.
All work that is to be paid for with funds provided by the City of Grand Island, shall not
commence, without notice and approval provided by the Parks & Recreation Director of the City
of Grand Island. The Grand Island Skeet & Sporting Clays Club, Inc., shall pay for and be
3
required to obtain all necessary permits and approvals necessary for the construction of any
improvements made by it.
No delay by the City of Grand Island in exercising any of its rights or powers arising
from any default by the Grand Island Skeet & Sporting Clays Club, Inc. shall impair the right or
power or prevent its exercise during the continuance of the default. No waiver by the City of
Grand Island of any default, whether full or partial, shall extend to any subsequent default,
except as may otherwise be provided in this agreement. No remedy is intended to be exclusive of
any other remedy, but each shall be cumulative in addition to any other remedy given or
otherwise existing nor shall the giving, taking or enforcement of any other additional security,
collateral or guarantee for the payment of the indebtedness operate to waive or affect any rights,
powers or remedies under this agreement; nor shall the City of Grand Island be required to first
look to, enforce or exhaust other or additional security, collateral or guarantees. All rights,
powers or remedies may be enforced independently or concurrently in law or in equity.
No act shall constitute the City of Grand Island as an agent for the Grand Island Skeet &
Sporting Clays Club, Inc. or constitute the Grand Island Skeet & Sporting Clays Club, Inc. as an
agent for the City of Grand Island. The City of Grand Island is acting solely for its protection and
neither the Grand Island Skeet & Sporting Clays Club, Inc. nor anyone else shall any right to rely
upon the City of Grand Island or on any of the city’s procedures for Grand Island Skeet &
Sporting Clays Club, Inc.’s protection or otherwise.
The City of Grand Island shall have the right to inspect the construction at reasonable
times. Inspections will be solely for the city’s benefit. The Grand Island Skeet & Sporting Clays
Club, Inc. shall select its contractors, sub-contractors and material men and the city shall neither
have nor assume any responsibility for them or the quality of their materials or work.
The Grand Island Skeet & Sporting Clays Club, Inc. shall keep accurate records of the
construction and maintain the records to clearly set out the cost of construction. The Grand
Island Skeet & Sporting Clays Club, Inc. shall make all books and records available to the city at
designated times for examination and audit.
The Grand Island Skeet & Sporting Clays Club, Inc. shall comply with and have the
improvements constructed in accordance with all applicable federal, state, county and city laws,
ordinances, building codes and regulations.
The Grand Island Skeet & Sporting Clays Club, Inc. shall agree to indemnify the City of
Grand Island from all loss, damage and expense, including court costs and attorneys fees from all
actions brought against the City of Grand Island connected with alleged defects in any structure
or other improvement constructed on the real estate due to, without limitation, faulty materials,
faulty workmanship or defective design.
All notices shall be in writing and deemed to have been sufficiently given when presented
personally or sent by regular first class mail to the City of Grand Island at 100 East First Street,
P.O. Box 1968, Grand Island, Nebraska, 68802 and to the Grand Island Skeet & Sporting Clays
Club, Inc. at P.O. Box 1117, Grand Island, Nebraska.
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GRAND ISLAND SKEET & SPORTING CLAYS CLUB, INC.,
By: __________________________________________ Date:___________________
L. Kent Coen, President
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
By: __________________________________________ Date:___________________
Jay Vavricek, Mayor
Attest: __________________________________________
RaNae Edwards, City Clerk
The contract is in due form according to law and hereby approved.
By: __________________________________________ Date:___________________
Douglas R. Walker, City Attorney
Approved as to Form ¤ ___________
March 11, 2004 ¤ City Attorney
R E S O L U T I O N 2004-46
WHEREAS, the Grand Island Skeet and Sporting Clays Club (Skeet Club) has operated a
city-owned shooting facility for over twenty five years; and
WHEREAS, due to the South Locust Street improvements, the Skeet Club has been
relocated to an undeveloped tract of city-owned land at the former Cornhusker Army Ammunition Plant
site; and
WHEREAS, although substantial improvements to the property have been made by the
Skeet Club, another $100,000 in improvements is anticipated; and
WHEREAS, in order to expedite the improvements to get the facility operational, the Skeet
Club has requested a five-year loan in the amount of $100,000 from the City of Grand Island which will be
repaid upon the receipt of expected funding from local trusts and other sources; and
WHEREAS, the City will own all improvements made with the loaned funds; and
WHEREAS, an agreement to provide the Skeet Club with the $100,000 loan funding has
been reviewed and approved by the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to
provide a loan for up to $100,000 in funding to the Grand Island Skeet and Sporting Clays Club to make
improvements to the city-owned shooting facility.
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, March 16, 2004.
_______________________________________
RaNae Edwards, City Clerk