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07-13-2004 City Council Regular Meeting PacketCity of Grand Island Tuesday, July 13, 2004 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 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. /Invocation - Pastor Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 C1 Bi-Annual State of the City Address Mayor Vavricek will give his bi-annual "State of the City" address. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Update by Hugh Miner Concerning Heartland Events Center Campaign Hugh Miner, CEO of Fonner Park will update the Mayor and City Council on the Heartland Events Center Campaign. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item D1 #2004-BE-10 - Consideration of Determining Benefits for Street Improvement District 1243, Downtown Alley North of 3rd Street from Elm Street to Cleburn Street Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Board of Equalization Hearing to Determine Benefits and an Ordinance Levying Assessments for Street Improvement District No. 1243, Downtown Alley North of 3rd Street from Elm Street to Cleburn Street Item #’s: D-1 & F-2 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background The Certificate of Final Completion for Street Improvement District No. 1243, was approved on June 8, 2004 with July 13, 2004 set as the date for Council to sit as the Board of Equalization. All work has been completed and special assessments have been calculated for the District. Discussion Street Improvement District No. 1243 is part of the Downtown Alley Phase IV project. The contract for Street Improvement District No. 1243 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on July 9, 2002. Work on the project was completed on schedule, in May 2004, at a construction price of $43,768.20. Total cost of the project, including engineering, is $48,145.02. The City’s costs were for removal and replacement of the concrete. The assessable costs are for Storm Sewer. Costs for the project break down as follows: Construction Price $ 43,768.20 City Costs ($ 23,623.36 Assessable Amount $ 20,144.84 Alternatives 1. Approve the recommendation to allow the Board of Equalization to determine benefits for Street Improvement District No. 1243 and pass an ordinance allowing the City to recover some of the District costs and assess the benefiting owners. 2. Disapprove or /Deny the recommendation to allow the Board of Equalization to determine benefits for Street Improvement District No. 1243. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council, sitting as a Board of Equalization, determine the benefits and pass an ordinance to levy Special Assessments to individual properties. Sample Motion Move to approve the recommendation, allowing the Board of Equalization to determine benefits for Street Improvement District No. 1243, and pass an ordinance to levy assessments. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-BE-10 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement District No. 1243 located in the downtown alley of Third Street between Elm Street and Cleburn Street, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $20,144.84; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Street Improvement District No. 1243, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment CKP LLC Lot 1, Block 60, Orig inal Town 1,200.58 CKP LLC Lot 2, Block 60, Original Town 6,681.74 CKP LLC Lot 3, Block 60, Original Town 1,200.58 William & Beverly Livengood Lot 4, Block 60, Original Town 2,078.38 618 West 3rd Street LLC Lot 5, Block 60, Original Town 1,200.58 618 West 3rd Street LLC Lot 6, Block 60, Original Town 3,061.91 DOAX Investment Co. Lot 7, Block 60, Original Town 1,880.38 DOAX Investment Co. Lot 8, Block 60, Original Town 2,840.69 TOTAL $20,144.84 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on July 13, 2004. ____________________________________ RaNae Edwards, City Clerk Item D2 #2004-BE-11 - Consideration of Determining Benefits for Street Improvement District 1245, James Road Located North of Husker HWY Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Board of Equalization Hearing to Determine Benefits and Consideration of an Ordinance Levying Assessments for Street Improvement District No. 1245, James Road Located North of Husker HWY Item #’s: D-2 & F-3 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background The Certificate of Final Completion for Street Improvement District No. 1245, was approved on June 8, 2004 with July 13, 2004 set as the date for Council to sit as the Board of Equalization. All work has been completed and special assessments have been calculated for the District. Discussion The contract for Street Improvement District No. 1245 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on December 9, 2003. Work on the project was completed on schedule, on May 20, 2004, at a construction price of $100,859.00. Total cost of the project, including engineering, is $110,944.90. The estimated cost of the District at the time of creation was $128,675.00. Costs for the project break down as follows: Original Bid $ 99,481.35 Change Order No. 1 $ 1,310.00 Overruns $ 67.65 Sub Total (Construction Price) $ 100,859.00 Additional Costs Engineering and Publication $ 10,085.90 Total Cost $ 110,944.90 Alternatives 1. Approve the recommendation to allow the Board of Equalization to determine benefits for Street Improveme nt District No. 1245 and pass an ordinance allowing the City to recover the majority of the District costs and assess the benefiting owners. 2. Disapprove or /Deny the recommendation to allow the Board of Equalization to determine benefits for Street Improvement District No. 1245. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council, sitting as a Board of Equalization, determine the benefits and pass an ordinance to levy Special Assessments to individual properties. Sample Motion Move to approve the recommendation, allowing the Board of Equalization to determine benefits for Street Improvement District No. 1245, and pass an ordinance to levy assessments. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-BE-11 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement District No. 1245 located in James Road north of Husker Highway, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $110,944.90; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Street Improvement District No. 1245, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Pedcor Investments, LLC East 300 feet of Lot 1, Pedcor Subdivision 53,619.97 Pedcor Investments, LLC Lot 2, Pedcor Subdivision 29,045.73 Pedcor Investments, LLC East 300 feet of South 279.89 feet of Lot 3, Pedcor Subdivision 28,279.20 TOTAL $110,944.90 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on July 13, 2004. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing Concerning the City's Proposed Subdivision Regulations Tuesday, July 13, 2004 Council Session 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: July 13, 2004 Subject: Subdivision Regulations Item #’s: E1 & F4 Presenter(s): 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. In June of 2004 the Hall County Regional Planning Commission reviewed the regulations in their entirety in Grand Island City Code format. They held a public hearing, no members of the public spoke at the hearing or brought any concerns about the new regulations. The Planning Commission recommended that the City Council adopt the regulations. Discussion The updated regulations are not significantly different from subdivision regulations currently in place for Grand Island. Definitions have been modernized. No changes were made or recommended for the development standards of the City. 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. The document has been reformatted and is in city code format. It will replace the current version of chapter 32 and go into effect August 1, 2004 if adopted by council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the subdivision regulations as presented. 2. Discuss the proposed regulation and direct staff to make specific modifications to the subdivision regulations and bring the modified regulations forward for approval at a future date. 3. Discuss the proposed subdivision regulations and direct staff to make specific modifications to the regulations and send the modified regulations back to the planning commission for a new hearing and recommendation. Recommendation City Administration recommends that the Council approve the proposed subdivision regulations as presented. ChadN S:\Docs\3511.doc Last printed 7/8/2004 3:37 PM - 1 - June 3, 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: ZONING REGULATIONS, SUBDIVISION REGULATIONS. At the meeting of the Regional Planning Commission, held June 2, 2004, a public hearing regarding the regulations was held and the above items were considered . No members of the public spoke at the public hearing. After discussion of the proposed changes a motion was made by Miller and seconded by Ruge to approve and recommend that the Grand Island City Council approve the Zoning and Subdivision Regulations, and Official Zoning Map as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, Haskins, Lechner, O’Neill, Niemann, Miller, Ruge, Wagoner, Hayes) voting in favor. Yours truly, Chad Nabity AICP Planning Director Item E2 Public Hearing Concerning the City's Proposed Zoning Regulations and Revised Zoning Map Tuesday, July 13, 2004 Council Session 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: July 13, 2004 Subject: Zoning Regulations Item #’s: E-2 & F-5 Presenter(s): 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. In March of 2004 the new plan and regulations were submitted to the Grand Island City Council for approval. After testimony by citizens council directed staff to make some changes to the Transitional Agriculture zone regarding livestock and send the regulations back to the planning commission. In June of 2004 the Hall County Regional Planning Commission reviewed the changes to the proposed regulations and the regulations in their entirety in Grand Island City Code format. They held a public hearing, no members of the public spoke at the hearing or brought any concerns about the new regulations and map forward. The Planning Commission recommended that the City Council adopt the regulations. Discussion 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. Per instructions from the Grand Island City Council the TA Transitional Agriculture district has been modified regarding animal agriculture in the is zoning district. The proposed regulations still allow animal agriculture in the TA Transitional Agriculture district but will limit it as follows: The raising of livestock up to 300 animals as defined in Section 5-18 of this code provided that the owner has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such animals are located no closer than 300 feet to a neighboring residential structure. The acres used for calculating the maximum number of animals must be capable of supporting pasture for grazing said animal. This is a merger of what would be allowed farther out in the jurisdiction in the AG1 and AG2 Agricultural Zones and what we allow within the city limits. These changes are designed to address the concerns expressed by Council and the community at the meeting in March. The document has been reformatted and is in city code format. It will replace the current version of chapter 36 and go into effect August 1, 2004 if adopted by council. We have expanded the TA zone to include areas around all of the outlying residential. This will provide a buffer for any of our outlying residential uses from intensive animal agriculture. All other changes since March were in fo rmatting and clarification to avoid contradictions with other parts of City Code. These changes have been reviewed and recommended for approval by the Hall County Regional Planning Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the zoning regulations as presented. 2. Discuss the proposed regulation and direct staff to make specific modifications to the zoning regulations and bring the modified regulations forward for approval at a future date. 3. Discuss the proposed plan and regulation and direct staff to make specific modifications to the regulations and send the modified regulations back to the planning commission for a new hearing and recommendation. Recommendation City Administration recommends that the Council approve the proposed regulations as presented. Section 36-60 from Proposed Chapter 36 of Grand Island City Code §36-60. (TA) Transitional Agriculture Zone Intent: To provide for a transition from rura l to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. The intent of the zoning district also would allow the raising of livestock to a limit and within certain density requirements. (A) Permitted Principal Uses. The following principal uses are permitted in the (TA) Transitional Agriculture Zoning District. (1) Dwelling units (2) Raising of field crops, and horticulture (3) Country clubs as defined in §36-8 of this chapter (4) Recreational camps, public parks, and recreational areas (5) Greenhouses and the raising of trees and nursery stock (6) Utility substations necessary to the functioning of the utility (but not including general business offices, maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations. (7) Railway right-of-way, but not including railway yards or facilities (8) The raising of livestock up to 300 animals as defined in Section 5-18 of this code provided that the has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such animals are located no closer than 300 feet to a neighboring residential structure. The acres used for calculating the maximum number of animals must be capable of supporting pasture for grazing said animal. (9) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to conditions relating to the placement of said use on a specific tract of ground in the (TA) Transitional Agriculture Zoning District. (1) Cemeteries, memorial parks, crematories, mausoleums, and columbariums (2) Commercial mines, quarries, sand and gravel pits and accessory uses (3) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public service facility, but not including hospitals, sanitoriums or corrective institutions (4) Riding academies (5) Recreational Vehicle Parks (6) Preschools, nursery schools, day care centers, children's homes, and similar facilities (7) Towers (8) Veterinary clinics and animal hospitals (9) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings for transient labor (2) Guest building (3) Customary home occupations (4) Buildings, corrals, stables or pens in conjunction with the permitted uses (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does not exceed 500 square feet (6) Offices incidental to and necessary for a permitted use (7) Other buildings and uses accessory to the permitted principal uses (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (acres) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 20 100 30 25 15 20 20% - Conditional Uses 20 100 30 25 15 20 20% - (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein (3) The following requirements are allowed in specific situations within the jurisdiction of Grand Island: (i) Any person or persons who: (1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing such sale has not been previously exercised on the large tract; and/or (2) owns an existing ranch or farm dwelling that is ten years old or more may sell a tract containing such dwelling; (3) providing the following space limitations are complied with: Setbacks Min Lot Area (sq. ft.) Min. Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Max. Lot Coverage Max. Building Height (feet) 20,000 100 30 25 15 25% 351 1 for structures intended for human occupancy, all others no restrictions. Planning Commission Agenda Memo From: Chad Nabity AICP Meeting: June 2, 2004 Subject: New Zoning and Subdivision Regulations and Zoning Map Item #’s: 4 Presenter(s): Chad Nabity, Regional Planning Director Background In February of 2004, the Regional Planning Commission recommended that the Grand Island City Council adopt new zoning and subdivision regulations and a new zoning map as presented by staff and JEO Consulting Inc. Council held a hearing on the new regulations and directed staff to send them back to planning commission with some changes to the regulations and zoning map. One suggested change included extension of the Transitional Agriculture (TA) District around residential areas. Another request was to change the way animals are dealt with on farm properties in the TA District. Other changes included map corrections. Staff has made the requested changes to the zoning regulations and is presenting these regulations in Grand Island City Code format. Discussion Enclosed you will find a complete copy of the zoning and subdivision regulations and the new proposed zoning map. The consultants and staff have extended the TA zoning district around residential areas throughout the jurisdiction and made corrections to the map. Language changes have been made to the TA district involving raising animals on farm ground in those districts. Staff has attempted to provide for a transition from the AG1 and AG2 agricultural districts (allowing more intensive agricultural uses including confined feeding) into the animal regulations that are in effect for properties in the municipal limits of Grand Island (allowing animals but not at a scale that could be considered confined feeding). These limitations allow a maximum of 300 animals on a farm based on the amount and character of the property owned, (1 animal per ½ acre of property capable of supporting pasture for grazing). All pens and enclosures would have to be located at least 300 feet from a neighboring residence. This would impact new operations but would not impact those operations already in existence. There are a number of hand written notes and strikeouts throughout the proposed code. These notes and strikeouts will be incorporated into the final version of the code to be sent to City Council. Planning Commission should review these changes and feel free comment on any these changes. Staff from the legal, planning, building and public works departments have spent a great deal of time reviewing the proposed regulations to minimize conflicts within the Grand Island code. Alternatives It appears that the Planning Commission has the following alternatives concerning the issue at hand. The Commission may: 1. Recommend that Council Approve the regulations and map as presented 2. Recommend that Council Disapprove or /Deny the proposed regulations and map 3. Recommend that Council approve the proposed regulations and map to meet with suggested modifications 4. Table the issue Recommendation Planning Commission staff recommends that the Commission recommend approval of the regulations and map as presented. Sample Motion Move to recommend that the Grand Island City Council approve the regulations and map as presented. Item E3 Public Hearing on Request of Myriam Ramos dba Latin American Grocery Store, 602 West 4th Street for a Class "D" Liquor License Tuesday, July 13, 2004 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 13, 2004 Subject: Public Hearing on Request of Myriam Ramos dba Latin American Grocery Store, 602 West 4th Street for a Class “D” Liquor License Item #’s: E-3 & G-3 Presenter(s): RaNae Edwards, City Clerk Background Myriam Ramos dba Latin American Grocery Store located at 602 West 4th Street has submitted an application with the City Clerk’s Office for a Class “D” Liquor License. The application for the Class “D” Liquor License has been filed with the Liquor Control Commission and received by the City on June 14, 2004. A Class “D” Liquor License allows for the sale of alcoholic beverages off sale only within the corporation limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. There have been several building and safety code violations for this business, as referred to in the attached letter to Latin American Grocery Store from the Building Department Director. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Myriam Ramos dba Latin American Grocery Store for a Class “D” Liquor License. 2. Disapprove or /Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Table the issue. Recommendation City Administration recommends that the Council deny this request as set out in the attached letter from the Building Department. Sample Motion Deny the request of Myriam Ramos dba Latin American Grocery Store, 602 West 4th Street for a Class “D” Liquor License. Item E4 Public Hearing on Request of We Aim to Please, Inc., dba We Aim to Please You, 700 East Stolley Park Road for a Class "CK" Catering Liquor License Tuesday, July 13, 2004 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 13, 2004 Subject: Public Hearing on Request of We Aim to Please, Inc. dba We Aim to Please You, 700 East Stolley Park Road for a Class “CK” Catering Liquor License. Item #’s: E-4 & G-4 Presenter(s): RaNae Edwards, City Clerk Background We Aim to Please, Inc. dba We Aim to Please You located at 700 East Stolley Park Road has submitted an application with the City Clerk’s Office for a Class “CK” Catering Liquor License. The application for the Class “CK” Catering Liquor License has been filed with the Liquor Control Commission and received by the City on June 15, 2004. A Class “CK” Liquor License allows for the sale of alcoholic beverages on and off sale only within the corporate limits of the city. This license will replace Liquor License “CK- 57251” for Heartland Catering, Inc., 700 East Stolley Park Road. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of We Aim to Please You, 700 East Stolley Park Road for a Class “CK” Catering Liquor License. 2. Disapprove or /Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Table the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of We Aim to Please, Inc. dba We Aim to Please You, 700 East Stolley Park Road for a Class “CK” Catering Liquor License. Item E5 Public Hearing on Request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for Addition to Class "I-61118" Liquor License Tuesday, July 13, 2004 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 13, 2004 Subject: Public Hearing on Request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for Addition to Class “I-61118” Liquor License. Item #’s: E-5 & G-6 Presenter(s): RaNae Edwards, City Clerk Background AYR, Inc. dba El Toro Mexican Restaurant located at 3425 West State Street has submitted an application with the City Clerk’s Office for an addition to their Class “I- 61118” Liquor. The application for the addition to their Class “I-61118” Liquor License has been filed with the Liquor Control Commission and received by the City on June 15, 2004. Their request is to add an 8’ x 32’ addition to the east side and an 8’ x 36’ addition to the north side of their business. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for an addition to their Class “I-61118” Liquor License. 2. Disapprove or /Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Table the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for an addition to their Class “I-61118” Liquor License. Item E6 Public Hearing on Acquisition of Utility Easement Located East of Independence Avenue and North of Utah Avenue - Calvary Assembly of God Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 13, 2004 Subject: Acquisition of Utility Easement – East of Independence Avenue, north of Utah Avenue – Calvary Assembly of God Item #’s: E-6 & G-10 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the Calvary Assembly of God, located east of Independence Avenue, north of Utah Avenue, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate underground high-voltage electrical cable and a pad- mounted transformer to serve the new church. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the acquisition of the easement 2. Disapprove or /Deny the easement 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Approve the acquisition of the Utility Easement. Item E7 Public Hearing on Acquisition of Utility Easement Located North of Bismark Road, East of Stuhr Road - Nienhueser Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 13, 2004 Subject: Acquisition of Utility Easement – North of Bismark Road, East of Stuhr Road - Nienhueser Item #’s: E-7 & G-11 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Margaret A. and Kenneth Nienhueser, located north of Bismark Road, and east of Stuhr Road, in Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to construct an overhead power line to serve the property. All of the surrounding area is served overhead. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the acquisition of the easement 2. Disapprove or /Deny the easement 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Approve the acquisition of the Utility Easement. Item F1 #8915 - Consideration of Creation of Street Improvement District No. 1254; Dale Roush Subdivision (Indian Acres) Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Consideration of Creation of Street Improvement District No. 1254; Dale Roush and Dale Roush 2nd Subdivisions (Indian Acres) Item #’s: F-1 Presenter(s): Steven P. Riehle, Director of Public Works Background Council action is needed to create a Street Improvement District. A petition was received from residents requesting the creation of a Street Improvement District within Indian Acres. However, City staff recommended that a sanitary sewer district be created and passed before creating a paving district. On April 13, 2004 the City Council created Sanitary Sewer District 515, within the Dale Roush and Dale Roush 2nd Subdivisions (Indian Acres). The district passed and was approved for continuation at the June 8, 2004 council meeting. As a result of the creation and continuation of Sanitary Sewer District 515, City staff will proceed with the request to create a paving district within the above named subdivisions. Arapahoe Avenue, Cherokee Avenue, Sioux Avenue, Dakota Avenue, Cheyenne Road, Comanche Avenue, Pawnee Place and Navajo Drive will be included in the District. If the District is created, a notice will be mailed to all affected property owners and a 20-day protest period will begin. The City will bid, construct, and levy special assessments for the work if the district passes the protest period. Special assessments would be levied to each property in the district. Discussion All streets that are included in the District are currently gravel roads. The residents have petitioned for the construction of an asphalt roadway in lieu of a concrete curb and gutter street. A Resolution, approved by Council on April 20, 1992, allows gravel roads to be hard paved without curb and gutter if the segment of the road is surrounded by unpaved roads or by paved roads without curb, gutter, or storm sewer. Because Old Potash HWY is an asphalt roadway without curb and gutter and the other streets in the area are gravel the streets in the proposed district meet the conditions of this Resolution. The asphalt roadway in this district would be 24 feet wide. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the creation of Street Improvement District 1254. 2. Disapprove or/Deny the creation of the district. 3. Modify the request to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the creation of Street Improvement District 1254. Sample Motion Move to approve the creation of Street Improvement District 1254. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney ORDINANCE NO. 8915 An ordinance to create Street Improvement District No. 1254 for Dale Roush Subdivision and Dale Roush Second Subdivision (Indian Acres); to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, sidewalks, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1254 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest corner of Lot Thirty Three (33), Block One (1), Dale Roush Second Subdivision; thence east on the north line of Dale Roush Second Subdivision to the northeast corner of Lot Twenty Three (23) Dale Roush Second Subdivision; thence south on the east line of Dale Roush Second Subdivision and a prolongation thereof to a point Thirty Three (33.0) feet south of the south line of Section 14-11-10; thence west on a line Thirty Three (33.0) feet sout h of and · This Space Reserved for Register of Deeds · ORDINANCE NO. 8915 (Cont.) - 2 - parallel to the south line of Section 14-11-10 to a point where a prolongation of the west line of Block One (1) Dale Roush Subdivision intersects; thence north on said prolongation and the west line of Lots One (1), Two (2), Three (3), and Four (4), Block One (1) to a point on the south line of Lot Forty Six (46), Block One (1) Dale Roush Second Subdivision; thence west on the south line of Lot Forty Six (46), Block One (1) Dale Roush Second Subdivision and a prolongation thereof to the west line of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section 14-11-10; thence north on said west line of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section 14-11-10 and the west line of Dale Roush Second Subdivision to the point of beginning, as shown on the plat dated April 15, 2004, marked Exhibit 'A", attached hereto and incorporated herein by reference. SECTION 3. The following streets in the district shall be improved by paving and other incidental work in connection therewith: Commanche Avenue from Dakota Drive to Navajo Drive; Arapahoe Avenue from Old Potash Highway to Navajo Drive; Cherokee Avenue from Old Potash Highway to Navajo Drive; Navajo Drive from Commanche Avenue to Cherokee Avenue; Pawnee Place from Commanche Avenue to Cherokee Avenue; Cheyenne Road from Arapahoe Avenue to Cherokee Avenue; Dakota Drive from Commanche Avenue to Arapahoe Avenue, and Sioux Avenue from Arapahoe Avenue to Cherokee Avenue, all in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. ORDINANCE NO. 8915 (Cont.) - 3 - SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: July 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8919 - Consideration of Assessments for Street Improvement District 1243, Downtown Alley North of 3rd Street from Elm Street to Cleburn Street This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney ORDINANCE NO. 8919 An ordinance to assess and levy a special tax to pay the cost of construction of Street Improvement District No. 1243 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and 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. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1243 located in the downtown alley of Third Street between Elm Street and Cleburn Street, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: * This Space Reserved for Register of Deeds * ORDINANCE NO. 8919 (Cont.) - 2 - Name Description Assessment CKP LLC Lot 1, Block 60, Original Town 1,200.58 CKP LLC Lot 2, Block 60, Original Town 6,681.74 CKP LLC Lot 3, Block 60, Original Town 1,200.58 William & Beverly Livengood Lot 4, Block 60, Original Town 2,078.38 618 West 3rd Street LLC Lot 5, Block 60, Original Town 1,200.58 618 West 3rd Street LLC Lot 6, Block 60, Original Town 3,061.91 DOAX Investment Co. Lot 7, Block 60, Original Town 1,880.38 DOAX Investment Co. Lot 8, Block 60, Original Town 2,840.69 TOTAL $20,144.84 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years, one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Paving District Assessment Fund” for Street Improvement District No. 1243. ORDINANCE NO. 8919 (Cont.) - 3 - SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. 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: July 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8920 - Consideration of Assessments for Street Improvement District 1245, James Road Located North of Husker HWY This item relates to the aforementioned Board of Equalization Item D-2. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney ORDINANCE NO. 8920 An ordinance to assess and levy a special tax to pay the cost of construction of Street Improvement District No. 1245 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances, and 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. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said Street Improvement District No. 1245 located in James Road north of Husker Highway, as adjudged by the Council of said City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: * This Space Reserved for Register of Deeds * ORDINANCE NO. 8920 (Cont.) - 2 - Name Description Assessment Pedcor Investments, LLC East 300 feet of Lot 1, Pedcor Subdivision 53,619.97 Pedcor Investments, LLC Lot 2, Pedcor Subdivision 29,045.73 Pedcor Investments, LLC East 300 feet of South 279.89 feet of Lot 3, Pedcor Subdivision 28,279.20 TOTAL $110,944.90 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years, one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Paving District Assessment Fund” for Street Improvement District No. 1245. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. ORDINANCE NO. 8920 (Cont.) - 3 - SECTION 6. 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: July 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8921 - Consideration of Amending Chapter 33 of the Grand Island City Code Relative to Subdivision Regulations This item relates to the aforementioned Public Hearing Item E-1. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Addendum "A" Chapter 33 Grand Island City Code Electronic Subdivision Requirements Layer Name Description Font Size Subdivision Boundary The outer boundary of the subdivision Existing Easement Easements dedicated prior to this plat New Easements Easements dedicated with this plat Section Line Section and quarter section lines Lot Line New lot lines Measurement Distances, angles, bearings 0.1 Subdivision Name Subdivision Name Governing Body Surveyor 0.5 0.3 0.15 Street Name Street names 0.25 Lot Number Lot numbers 0.2 Block Number Block numbers 0.2 Text Certificates Dedications 0.2 0.1 Adjacent Property Surrounding property lines, subdivision, lot number, block number, unplatted ground, rights- of-way, easements Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney ORDINANCE NO. 8921 An ordinance to amend Chapter 33 of the Grand Island City Code; to amend Sections 33-1, 33-7, 33-8, 33-9, and 33-14 pertaining to subdivision regulations; to add Addendum "A" to Chapter 33 of the Grand Island City Code; to repeal Sections 33-1, 33-7, 33-8, 33-9, and 33-14 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 33-1 of the Grand Island City Code is hereby amended to read as follows: §33-1. Definitions Applicant shall mean the titleholder of record, his agent, or a person holding a notarized letter authorizing the person to represent the legal owner of the property, or an appropriate purchase agreement. Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on another street and to provide access to utility services located therein. Buildings facing an alley shall not be construed as satisfying the requirements of this code related to frontage on a dedicated street. Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of- ways, unplatted land, City-County boundaries, or adjoining property lines. Bond shall mean any form of security including a cash deposit, security bond, or instrument of credit in an amount and form satisfactory to the City Council which meets the intent of such security required by this chapter. Boundary Adjustment shall mean the transfer of property by deed to a respective owner or owners of contiguous property for the purpose of adjusting a boundary line and not for the purpose of creating an additional lot or parcel. Building Line shall mean a line parallel, or nearly parallel, to the street line at a specified distance fro m the street line which marks the minimum setback distance a building may be erected. In the case of a cul-de-sac, the building line shall be measured around the curvature of the street line and shall be located at the required front yard setback where the lot width shall meet the minimum lot width required in the zoning district. Chief Building Official(s) shall mean the individual(s) appointed and/or employed by the City to enforce the prescribed and adopted building codes for the City. City shall mean the City of Grand Island, Nebraska. Also, City Council or governing body. City Council shall mean the governing body for the City of Grand Island, Nebraska. City Engineer shall mean the City Engineer of the City of Grand Island utilized for the recommendation, advice, and implementation of engineering work as requested by the City or such other engineer as the City may assign in the particular matter. Clerk shall mean the City Clerk of the City of Grand Island, Nebraska. Comprehensive Development Plan shall mean the master plan for the improvement and development of Grand Island, Nebraska, as adopted by the Hall County Regional Planning Commission and the City in accordance with the laws of the State of Nebraska and the ordinances of Grand Island. County Control Point shall mean any point identified as such within the Grand Island/Hall County Geographic Information System (GIS) by the GIS Committee. County control points may include but are not limited to township corners, section corners, quarter section corners, subdivision corners, and block corners. ORDINANCE NO. 8921 (Cont.) - 2 - Cul-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and terminates in a vehicular turn-around. Dead End Street shall mean a public way that has only one outlet for vehicular traffic and does not terminate in a vehicular turn-around. Dedication shall mean the intentional appropriation of land by the owner to some public use. Developer see "Subdivider". Easement shall mean a right to use a parcel of land, granted to the general public, utility, corporation or person(s) for a specific purpose or purposes. Flood Plain shall mean any land area susceptible to being inundated by water from any source (see also definition of "flooding" in §36-128). Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Frontage Road shall mean minor streets parallel to and adjacent to arterial streets and highways, which reduce the number of access points to the arterial street or highway for the purpose of increased traffic safety. Grading Plan shall mean a drawing of a proposed subdivision with plans and specifications for grading which is intended to represent the layout which will be approved for construction by the Planning Commission and the City Council. Hall County Regional Planning Commission shall mean the Hall County Regional Planning Commission of Grand Island, Nebraska. Improvements shall mean street grading, street surfacing and paving, curbs and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installation as designated by the City Council or its specific approving authority. Landscaped shall mean landscaping improvements which include but are not limited to screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of occupancy permit for the principal structure on each lot, and thereafter be properly ma intained. Lot shall mean a parcel, tract or area of land created in conformance with this chapter that may be separately owned, used, developed or built upon. Lot Consolidation shall mean a method for approval of lot boundary adjustments which reduces the number of lots to not greater than two. Lot, Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot". Lot, Depth of shall mean the mean horizontal distance between the front and rear lot lines. Corner lots shall provide at least one dimension equal to the required lot depth prescribed in the affected zoning district. Lot, Double Frontage shall mean a lot having a frontage of two non-intersecting streets. Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. The measurement of the actual lot frontage shall be made along the widest portion of the lot along the line parallel to the street. Lot, Frontage shall mean that portion of a lot abutting a street. For purposes of determining yard requirements of corner lots and through lots, all sides of a lot abutting a street shall be considered frontage. Lot, Interior shall mean a lot other than a corner lot. Lot Line shall mean the boundary line of a lot. Lot Minimum Area shall mean the minimum square footage of land area within the boundaries of the platted lot lines, as applicable to designated zoning districts. Lot, Nonconforming shall mean a lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the Hall County Register of Deeds, which does not abut a public road or public road right-of-way and which was lawfully created. Lot, Platted shall mean a lot which is part of a subdivision of the plat of which, or the appropriate permit for which, has been legally approved by the City and recorded in the office of the Register of Deeds for Hall County. ORDINANCE NO. 8921 (Cont.) - 3 - Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall County Register of deeds at the time of the passage of a regulation or regulation establishing the zoning district in which the lot is located. Lot Split shall mean a subdivision involving the division of one or more lots with the end result not be greater than the two lots. Lot, Through shall mean a lot having frontage on two (2) dedicated streets, not including a corner lot. Lot, Width of shall mean the average horizontal distance between the side lot line, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Master Plan see "Comprehensive Development Plan". Monument shall mean an identification marker established by certified land survey and set by a registered land surveyor at each section corner, angle point, block corner, street centerline, or other point. Outlot shall mean a lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no building permit shall be issued for any private structure. Typically uses are limited within the subdivision agreement and/or plat. Owner shall mean an individual, firm, association, syndicate, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain such proceedings. Pedestrian Way shall mean a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties. Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any other group or combination acting as an entity, except that it shall not include Grand Island, Nebraska. Planned Unit Development shall mean a development designed to provide for an unusual or different arrangement of residential, business, or industrial uses in accordance with an approved development plan. Plat shall mean a map showing the location, boundaries, and legal description of individual properties, including street rights-of-way, public utility easements, etc. Plat, Administrative shall provide for lot combinations and boundary adjustments which result in reconfigured lots with new lot boundaries. Plat, Final shall mean the final plan of the plat, subdivision or dedication of land prepared for filing or recording in conformance with this chapter. Substantial conformance to an approved preliminary plat, prepared by a registered professional engineer or a registered land surveyor in accordance with this chapter is required. Plat, Preliminary shall mean the preliminary plan of the plat, subdivision or dedication prepared in accordance with the requirements of this chapter. Plat, Revised Preliminary shall mean a revised plat or map of a previously approved preliminary plat, including supporting data, indicating a proposed subdivision development, prepared in accordance with this chapter. Preliminary Study shall mean a drawing of a proposed subdivision to be approved by the Planning Commission and City Council before proceeding with a final plat. Property Line Adjustment shall mean the relocation of a single common property line between two abutting lots, parcels or other units of land where an additional lot, parcel or unit of land is not created and the existing lot, parcel or unit of land reduced in size by the adjustment must comply with the applicable zoning requirements. A property line adjustment does not alter the location of utility services and hook-ups. Property line adjustments are accomplished through an administrative plat. Sidewalk or Walkway shall mean that portion of a dedicated right-of-way or easement improved and intended for pedestrian use only. Replat shall mean the act of platting the lots, parcels and easements in a recorded subdivision to achieve a reconfiguration of an existing subdivision or to increase or decrease the number of lots in the subdivision. Street shall include public streets, highways, avenues, boulevards, parkways, roads, lanes, alleys, viaducts, subways, tunnels, bridges, public easements and right-of-way. Where explicitly authorized by the City Council, private streets may be authorized as part of planned developments. Street, Arterial shall mean a street of considerable continuity connecting various sections of the City, designated as an arterial street on the official street plan of the City. Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets to major streets. Collector streets are usually the principal entrance streets to residential developments and the streets for circulation within the development as designated in the Comprehensive Development Plan. ORDINANCE NO. 8921 (Cont.) - 4 - Street, Frontage Access shall mean a street parallel and adjacent to a major street, major inter-regional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip. Street, Local shall mean a street which is used primarily for access to the abutting properties. Street, Major shall mean a street or highway used primarily for fast or high volume traffic, including expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive Development Plan. Street, Minor shall mean a street intended primarily to provide pedestrian and vehicular access to the abutting properties. Subdivider shall mean any person, group, corporation, partnership, or other entity, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision. Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites, or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development, provided that the smallest lot created by the division is less than ten (10) aces in size. Subdivision, Administrative shall mean the re-subdivision of existing subdivided lots and blocks, involving the adjustment of existing lot boundaries or the consolidation of lots, in a manner consistent with zoning regulations concerning minimum area and dimensions of lots; but not creating additional lots nor necessitating the dedication of additional public right-of-way or easements. Subdivision Agreement shall mean an agreement between the City of Grand Island and a subdivider whereby the subdivider agrees to construct any required public street, drainage, and other improvements, for a subdivision and to provide security for completion of the subdivision improvements and in situations involving public financing, the relative cost be borne by the subdivider and by the public entity. Conditions involving lot frontage, use, annexation, landscaping, sidewalks, flood plain, utilities and similar concerns specific to the development of the property may also be addressed. Water Course, Drainage Way, Channel or Stream shall mean a current of water usually flowing in a definite channel, having a bed and side or banks, and discharging itself into some other stream or body of water. Zoning District shall mean an area delineated on a zoning map for which uniform use regulations are specified. Alley: A tract of land, dedicated to public use, which affords a secondary means of vehicular access to the back or the side of properties otherwise abutting on a street. Block : A tract of land which has been designated as such on a plat for description purposes. City Council, City Administrator, Mayor, Director of Utilities Operations, Public Works Director, Planning Commission, Director of Planning, City Treasurer, City Clerk: The respective official or officials of, or empowered to act for, the City of Grand Island, Nebraska. Comprehensive Development Plan: The plan or series of plans for the future development of the City recommended by the Planning Commission and adopted by the City Council. Cul-de-sac: A street having one end open to traffic and being terminated by a vehicular turn-around. Easement: A grant by the property owner to the public, a corporation, or persons of the use of a tract of land for a specific purpose or purposes. Grading Plan: A drawing of a proposed subdivision with plans and specifications for grading which is intended to represent the layout which will be approved for construction by the Planning Commission and the City Council. Improvements: Changes and additions to land necessary to prepare it for building sites, and including street paving and curbing, grading, survey, monuments, drainage ways, sewers, fire hydrants, water mains, sidewalks, pedestrian ways, and other public works and appurtenances. Landscaped: Landscaping improvements which include but are not limited to screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of occupancy permit for the principal structure on each lot, and thereafter be properly maintained. Lot: A tract of land which is a portion of a subdivision, or other parcel of land, intended as a unit for transfer of ownership or for development. Owner: Individual, firm, association, syndicate, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain such proceedings. ORDINANCE NO. 8921 (Cont.) - 5 - Pedestrian Way: A tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties. Plat, Final: A map drawn to scale from an accurate survey and including items set forth herein, along with all certificates and statements set forth herein for the purpose of recording as a subdivision of land. Preliminary Study: A drawing of a proposed subdivision to be approved by the Planning Commission and City Council before proceeding with a final plat. Replat, Resubdivision: A plat representing land which has previously been included in a recorded plat. Street: A tract of land, dedicated to public use, which affords a primary means of access to the abutting property. Street, Arterial: A street of considerable continuity connecting various sections of the City, designated as an arterial street on the official street plan of the City. Street, Collector: A street which carries traffic from a local street to an arterial street or regional arterial street designated as a collector street on the official street plan of the City. Street, Local: A street which is used primarily for access to the abutting properties. Street, Frontage: A street which is approximately parallel to and adjacent to or part of a controlled access street and provides access to the abutting properties on one side only and protection from through traffic. Subdivider or Developer: Any person, partnership, group, corporation, or other entity acting as a unit, or any agent thereof, dividing land so as to constitute a subdivision as defined herein. Subdivision: The division of a lot, tract, or parcel of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development. Subdivision, Administrative: The re-subdivision of existing subdivided lots and blocks, involving the adjustment of existing lot boundaries or the consolidation of lots, in a manner consistent with zoning ordinance requirements concerning minimum area and dimensions of lots; but not creating additional lots nor necessitating the dedication of additional public right-of-way or easements. Water Course, Drainage Way, Channel or Stream: A current of water usually flowing in a definite channel, having a bed and side or banks, and discharging itself into some other stream or body of water. SECTION 2. Section 33-7 of the Grand Island City Code is hereby amended to read as follows: §33-7. Preliminary Study and Data (1) The subdivider shall prepare and file with the Planning Commission twenty-five (25) twenty-two (22) copies of the proposed preliminary study and required data at least twenty (20) days prior to the date of the next regular Planning Commission meeting at which approval of the preliminary study is requested for standard preliminary plat requests. Twenty-five (25) copies of preliminary study or plat approval requests for planned developments including: Commercial Development Zone, Residential Development Zone, Travel Development Zone, Gateway Corridor (Overlay) District, and Mobile Home Residential Zone; shall be submitted at least forty (40) days prior to the next regular Planning Commission meeting at which approval of the preliminary study is requested. (2) The director of Planning shall, at least ten (10) days prior to the Planning Commission meetingwithin five days from the date of filing, transmit a copy of the proposed preliminary study to the Board of Education of the school district or districts involved, the public works director, director of utilities operations, and any other department or agency that may be affected by the plat and as the commission may designate. Such department or agency except said Board of Education shall have five days to review the referred preliminary study and report back to the director of Planning any requirements or recommendation pertinent to approval of the study. The director of Planning shall examine the preliminary study as to compliance with laws and ordinances of the approved master plan, other official plans and good planning principles; analyze the recommendations submitted by other departments and agencies; coordinate these recommendations and submit his recommendations to the Planning Commission at the next regular meeting. (3) The Planning Commission shall consider all evidence presented by the subdivider, the director of Planning, and others, and shall approve or disapprove the preliminary study, and shall within two days of the ORDINANCE NO. 8921 (Cont.) - 6 - meeting, transmit its recommendation along with all supporting papers to the City Council. A copy of the recommendation shall be sent to the subdivider, and one copy shall be retained in the permanent files of the Planning Commission. (4) The city council shall consider and act upon the Planning Commission's recommendation, and shall approve or disapprove the preliminary study. In the event of disapproval, the council shall notify the Planning Commission and state specific reasons for disapproval, a copy of which shall be transmitted to the subdivider. Approval by the council shall be effective for a period of twelve months, after which if the final plat has not been submitted to the Planning Commission for approval, reapproval of the preliminary study by the Planning Commission and council shall be required. (5) The preliminary study shall be made from an accurate survey made by a licensed land surveyor in the State of Nebraska. The minimum acceptable scale shall be 100 feet to the inch. All preliminary studies shall provide the following information: (a) Proposed name and acreage of the subdivision. (b) Name and address of owner, subdivider, and engineer or land surveyor. (c) A legal description sufficient to define the location and boundaries of the subdivision and evidence of ownership of the property proposed to be subdivided. (d) A map indicating plans for the development of the entire area if the proposed plat is a portion of a larger holding intended for subsequent development. Preliminary engineering plans for all improvements for the entire holding shall be a part of the requirement. Positive drainage from easements shall be included in the drainage plan. (e) Location, width, and name (if any) of all highways, streets, easements, right-of-way or railroad, whether public or private, parks, or other open spaces within and adjacent to the proposed subdivision. Tentative grades and direction of flow in streets and easements shall be shown. (f) Location, grade, and size of existing and proposed storm drainage facilities, sanitary sewers, water mains, electric, CATV, telephone, and gas mains within and adjacent to the proposed subdivision. (g) Contours at intervals of six inches. (h) If any portion of the land within the boundary of the proposed subdivision is subject to flood or storm water overflow, that fact and location shall clearly be shown. Areas covered by water and trees shall also be shown. (i) Layout, approximate dimensions, proposed use, number of each lot, and number of each block shall be indicated. (j) Location and outline to scale of each existing building or structure. (k) Date, north point, and scale shall be shown. (l) All areas not a part of the proposed plat due to other ownership shall be clearly shown and marked "Not a Part." (m) If the lots within the proposed subdivision are to be served by individual water supply and sanitary sewage systems, then the general location of such facilities on each lot shall be shown. SECTION 3. Section 33-8 of the Grand Island City Code is hereby amended to read as follows: §33-8. Final Plat (1) The subdivider shall prepare and file with the Planning Commission twenty-five (25) twenty-two (22) copies of the proposed final plat at least twenty (20) days prior to the date of the next regular Planning Commission meeting at which approval of the final plat is requested for standard final plats. Twenty-five (25) copies of final plat approval requests for planned developments including: Commercial Development Zone, Residential Development Zone, Travel Development Zone, Gateway Corridor (Overlay) District, and Mobile Home Residential Zone; shall be submitted at least forty (40) days prior to the next regular Planning Commission meeting at which approval of the final plat is requested. ORDINANCE NO. 8921 (Cont.) - 7 - (2) At the time of filing of the final plat with the Planning Commission the subdivider shall pay to the city treasurer a filing fee, as provided by a fee schedule approved by the City Council, which shall not be refundable unless such final plat is withdrawn by the subdivider prior to consideration by the Planning Commission. (3) The director of Planning shall, at least ten (10) days prior to the Planning Commission meeting, within five days from the date of filing, transmit a copy of the proposed final plat to the Board of Education of the school district or districts involved, the public works director, the director of utilities operations, and any other department or agency that may be affected by the plat and as the Commission may designate. Such department or agency except said Board of Education shall have five days to review the referred final plat and report back to the director of Planning any requirements or recommendations pertinent to approval of the final plat. The director of Planning shall examine the final plat as to compliance with laws and ordinances of the master plan; other official plans and good planning principles and compliance with the approved preliminary study if submitted; analyze the recommendations submitted by other departments and agencies; coordinate these recommendations and submit his recommendation to the Planning Commission at the next regular meeting. (4) The Planning Commission shall review the recommendation of the director of Planning and either approve or disapprove the final plat. If the Planning Commission finds that the final plat has been prepared in compliance with these regulations and in substantial conformance with the approval preliminary study, such plat shall be approved. In the event of disapproval, specific points of variance with aforesaid requirements shall be a part of the Planning Commission's recommendation. The Planning Commission shall within two (2) days of the meeting transmit its recommendation, along with a copy of the final plat, to the city council. A copy of the recommendation shall be sent to the subdivider, and one copy shall be retained in the permanent files of the Planning Commission. (5) The city council shall consider and act upon the Planning Commission's recommendation and shall approve or disapprove the final plat. If it finds that the final plat has been prepared in compliance with these regulations and in substantial conformance with the approved preliminary study, such plat shall be approved. In the event of disapproval, specific points of variance with aforesaid requirements shall be a part of the official record. Upon approval of the final plat, the subdivider shall, within twelve months, furnish the following departments the data as shown or such approval shall become null and void: (a) Register of Deeds (i) Approved final plat (ii) Protective covenants, restrictions and conditions, if any. (iii) Approved drainage plan. (b) City Clerk (i) Print of approved plat. (ii) Approved subdivision agreement. (iii) Print of approved drainage plan. (c) Public Works Director (i) Reproducible of approved final plat. (ii) Reproducible of approved drainage plan. (iii) Copy of approved erosion control plan unless the subdivision contains less than five acres in size. (6) The final plat shall be in permanent black lettering and lines on high grade linen or mylar which is reproducible with dimensions of 18 inches by 24 inches. The minimum acceptable scale shall be 100 feet to the inch. In the event that the entire plat cannot be one sheet, it shall be submitted in two or more sheets of the same dimensions along with an index sheet showing the entire development at a smaller scale. All final plats shall portray the following information. (a) Name of subdivision, north arrow, scale, date, and names of subdivider, owner, and land surveyor. (b) Legal description of the property, including location of boundary lines in relation to section, township, range, county, and state. The perimeter of the subdivision shall be clearly and distinctly indicated. (c) The lines of all streets and alleys and other lands to be dedicated with their widths and names. (d) All lot lines and dimensions and numbering of lots and blocks according to a uniform system. (e) Location, use, and width of all easements for public use, drainage, services, and utilities. (f) All dimensions in feet and decimals of feet, both linear and angular, interior angles, length of radii and/or arcs of all curves, with all other information necessary to reproduce the plat on the ground. ORDINANCE NO. 8921 (Cont.) - 8 - (g) The perimeter and blocks of the plat shall have a closure to an allowable unadjusted error of 1 to 7500. Latitudes and departure computations shall be submitted. (h) The location and description of all permanent monuments in the subdivision. (i) The description, location, and elevation of all benchmarks. (j) Names in dotted lettering of adjacent plats with the location and widths of adjoining streets shown by dashed lines. (k) Certificate, seal, and signature of land surveyor. (l) Notarized certificate and signature of all parties having title interest in the land being subdivided consenting to dedication and recording of the final plat as submitted. (m) Certificates to be signed by the chairman of the Planning Commission, mayor, and city clerk. (n) All areas not a part of the plat due to other ownerships shall be clearly shown as "Not a Part." (o) Electronic subdivision requirements as provided in Addendum "A" of this chapter. (p) References to a minimum of three established points, such as section corners, section quarter corners, block or subdivision corners, at least one of which shall be a County Control Point. (q)(o) The following supplementary engineering data and plans: (i) Paving design, including alignment, grades, and a typical cross-section. (ii) Public sidewalks design and location. (iii) Location of telephone, electric, and CATV facilities, if underground. (iv) Location, grade, and size of existing and proposed storm drainage facilities, sanitary sewers, water mains, and gas mains within the proposed subdivision. (v) Location and outline to scale of each existing building or structure which is not to be removed in the final development. (vi) Final approved drainage plan including the location, grade, and direction of flow of easements, and showing the proposed general locations of individual water supply and sanitary sewer systems on each lot, if applicable. (vii) An approved erosion control plan to prevent wind and water erosion during any activity that will remove natural surface cover from within the subdivision boundary. This plan shall not be required for any subdivision containing less than five acres in size unless such subdivision is a phase of a larger development of five acres or more. (viii) Final approved drainage plans shall be required with the submission of all final plats. A drainage plan may be submitted with the paving and storm water plans, but the paving plan will not be signed off until the drainage plan is approved by the Director of Public Works and proof of its filing at the Register of Deeds office is submitted to the Director of Public Works. SECTION 4. Section 33-9 of the Grand Island City Code is hereby amended to read as follows: §33-9. Procedure No approved final plat shall be released by the planning director city clerk until a subdivision agreement shall have been entered into between the subdivider and the City. Approval of an administrative subdivision shall not be contingent upon the requirement of a subdivision agreement between the subdivider and the City. The city attorney shall prepare such agreement with assistance of the director of Planning, the public works director, and the director of utilities operations. The agreement shall provide for the needs of the subdivision, including but not limited to pavement, water mains, sanitary sewers, storm sewers, sidewalks, grading, waste treatment, and open space requirements. Security may be required to assure performance under the agreement. SECTION 5. Section 33-14 of the Grand Island City Code is hereby amended to read as follows: ORDINANCE NO. 8921 (Cont.) - 9 - §33-14. Lots (1) Minimum Dimensions: The minimum width of lots shall be as required by the Zoning Chapter of the Grand Island City Code. Side lot lines should be at right angles to straight street lines and radial to curved street lines. Lots having a depth of less than 100 feet should be avoided. Lot sizes shall meet or exceed the requirement of the Zoning Chapter and should as near as practical meet or exceed the typical lot size for building sites in the immediate vicinity. Each lot shall be a buildable site after taking into account all yard spaces required by the Zoning Chapter. Excessive lot depth in relation to width should be avoided. (2) Corner Lots Wider: Corner lots in residential areas shall be of sufficient size to comply with the requirements of the Zoning Chapter. (3) Double Frontage: Lots with street frontage at both front and rear shall be avoided except when backing on a controlled access thoroughfare. (4) Street Frontage: Each lot shall have frontage (minimum width of twenty (20) feet) on a street that will allow for practical, physical vehicular ingress/egress, and allow for the proper provision of present or future municipal services to the lot. (5) Reversed Frontages and Key Lots: Reversed frontages at cross street intersections should be avoided except where it will match existing development. Key lots, being those inside lots fronting on side streets, should be avoided except where they are matching existing development and other lots are excessively deep. Key lots shall be prohibited where they disrupt utility or drainage easements. Reverse frontage and normal corner lots when adjacent to a key lot shall have additional width to allow front yard setbacks on both streets. (6) Septic Tanks: In subdivisions within city jurisdiction outside of corporate limits where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate adequate drainage fields. Standards set forth by the appropriate County and State or other agencies Grand Island-Hall County Department of Health and the State Department of Health shall be met. (7) Flag Lots: Flag lots, being those lots landlocked from public right-of-way except for a narrow tract of land of less width than minimum frontage as required by the Zoning Chapter should be discouraged except where development cannot reasonably be accomplished without their use. When such lots are platted, it shall be a requirement of the developer, builder, and owner to direct and maintain storm water drainage from the flag lot to the public right-of-way without directing the flow to adjoining property, i.e., drainage shall be by means of that strip of land connecting the area of the structure to the public right-of-way unless other drainage facilities are approved by the public works director. SECTION 6. Addendum "A" attached hereto and incorporated herein by this reference, is hereby added to Chapter 33 of the Grand Island City Code. SECTION 7. Sections 33-1, 33-7, 33-8, 33-9, and 33-14 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. That this ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 8921 (Cont.) - 10 - Enacted: July 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #8922 - Consideration of Amending Chapter 36 of the Grand Island City Code Relative to Zoning Regulations and Revised Zoning Map This item relates to the aforementioned Public Heairng Item E-2. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney ORDINANCE NO. 8922 An ordinance to amend Chapter 36 of the Grand Island City Code pertaining to zoning regulations; to adopt a new Official Zoning Map as provided in Section 36-44; to add Addendum "A" to Chapter 36 of the Grand Island City Code; to add Addendum "B" to Chapter 36 of the Grand Island City Code; to repeal Chapter 36 of the Grand Island City Code 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. WHEREAS, the Regional Planning Commission contracted with JEO Consulting Group to update the zoning regulations for the City of Grand Island, Nebraska; and WHEREAS, public hearings were held on February 18, 2004 and on June 2, 2004 before the Regional Planning Commission to discuss the proposed changes to the zoning regulations; and WHEREAS, a public hearing was held on July 13, 2004 before the City Council of the City of Grand Island to discuss the proposed changes to the zoning regulations. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 36 of the Grand Island City Code is hereby amended to read as identified in Exhibit "A". Such exhibit is available for public inspection at the City Clerk's office. SECTION 2. The Official Zoning Map dated August 1, 2004, is hereby adopted in accordance with the provisions of Section 36-44 of the Grand Island City Code. ORDINANCE NO. 8922 (Cont.) - 2 - SECTION 3. Addendum "A" entitled "Grand Island Land Use Matrix" and Addendum "B" pertaining to landscaping area are incorporated herein by this reference, and are hereby added to Chapter 36 of the Grand Island City Code. SECTION 4. Chapter 36 of the Grand Island City Code as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. That this ordinance shall be in force and take effect on August 1, 2004, after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #8923 - Consideration of Refinancing Revenue Bonds Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: July 13, 2004 Subject: Consideration of Refinancing Revenue Bonds Item #’s: F-6 & I-4 Presenter(s): David Springer, Finance Director Background On November 22, 1999, $3,025,000 in Various Purpose bonds were issued by the City to partially finance the construction of the Wood River Flood Control Project($1,100,000) and the South Locust Street Improvements – Highway #34 to ½ mile south($1,925,000). Discussion $2,415,000 is still outstanding through December 15, 2014 at an average interest rate of 5.3425% and is callable by the City on December 15, 2004. Series 2004 Refunding Bonds can be issued to mature on the same December 15, 2014 date, with an average interest rate of 3.6075. The 1999 Bonds maturing December 12, 2004 and 2005 do not provide sufficient debt service savings to justify their inclusion, so the new issue would be sized at $2,125,000. The debt service savings from the refinancing totals $186,315 over the remaining life of the bonds. Those savings are net of issuance expenses associated with the refunding bonds; so, reflect true cash flow savings to the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the issuance of 2004 Refunding Bonds and retiring $2,065,000 in 1999 Various Purpose Bonds. 2. Disapprove or /Deny the refinancing 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the issuance of 2004 Refunding Bonds of $2,125,000 and the retirement of $2,065,000 of 1999 Various Purpose Bonds. Sample Motion Approve the issuance of 2004 Refunding Bonds of $2,125,000 and the retirement of $2,065,000 of 1999 Various Purpose Bonds. 1 ORDINANCE NO. 8923 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF TWO MILLION ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($2,125,000) FOR THE PURPOSE OF PAYING AND REDEEMING THE CITY’S GENERAL OBLIGATION VARIOUS PURPOSE BONDS, SERIES 1999, DATE OF ORIGINAL ISSUE – DECEMBER 15, 1999, BONDS MATURING DECEMBER 15, 2006 THROUGH DECEMBER 15, 2014, INCLUSIVE, PRESENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF $2,065,000; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and City Council hereby find and determine that there have been heretofore issued and are now outstanding and unpaid valid and interest bearing bonds of the City of Grand Island, Nebraska, as follows: General Obligation Various Purpose Bonds, Series 1999, date of original issue - December 15, 1999, in the principal amount of Two Million Sixty-five Thousand Dollars ($2,065,000), bonds maturing December 15, 2006 through December 15, 2014, inclusive, numbered as shown on the books of the Paying Agent and Registrar becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate CUSIP No. $185,000 December 15, 2006 4.85% 385622 LL 7 195,000 December 15, 2007 4.95 385622 LM 5 205,000 December 15, 2008 5.05 385622 LN 3 215,000 December 15, 2009 5.15 385622 LP 8 225,000 December 15, 2010 5.20 385622 LQ 6 240,000 December 15, 2011 5.30 385622 LR 4 255,000 December 15, 2012 5.40 385622 LS 2 265,000 December 15, 2013 5.50 385622 LT 0 280,000 December 15, 2014 5.60 385622 LU 7 Said bonds are hereinafter referred to as the “Refunded Bonds.” 2 2 Said bonds are subject to redemption at any time on or after December 15, 2004, at par and accrued interest, and said interest is payable semiannually. Said Refunded Bonds were issued for the purpose of paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement District No. 1222, and paying the costs of flood control improvements in the Wood River Flood Control Project. Since the issuance of the Refunded Bonds, the rates of interest available in markets have declined so that the City of Grand Island can effect a savings in interest costs by providing for payment in full of the Refunded Bonds prior to and as called for redemption on December 15, 2004 (the”Redemption Date”) through the issuance of its refunding bonds. The Refunded Bonds are valid interest-bearing obligations of the City of Grand Island. Said Refunded Bonds maturing December 15, 2004 and December 15, 2005 in the principal amount of $170,000 and $180,000 respectively shall be paid off as they mature and Refunded Bonds maturing December 15, 2006 through December 15, 2014, inclusive, have been called for redemption on December 15, 2004; that for the purpose of making said payments and redemption, it is for the best interest of the City to issue refunding bonds of the City in the principal amount of $2,125,000, pursuant to Section 10-142, Reissue Revised Statutes of Nebraska, 1997, and all laws amendatory thereof or supplementary thereto, and that all conditions, acts and things required by law to exist or to be done precedent to the issuance of such refunding bonds do exist and have been done as required by law. Section 2. For the purpose described in Section 1 hereof, there shall be and there are hereby ordered issued general obligation Refunding Bonds, Series 2004, of the City of Grand Island, Nebraska, in the principal amount of Two Million One Hundred Twenty Five Thousand Dollars ($2,125,000) (the "Series 2004 Bonds") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months) and maturing on December 15 of each year in the principal amounts as follows: 3 3 Principal Amount Date of Maturity Rate of Interest $ 15,000 December 15, 2004 1.50% 30,000 December 15, 2005 1.75 205,000 December 15, 2006 2.20 210,000 December 15, 2007 2.65 215,000 December 15, 2008 2.95 220,000 December 15, 2009 3.20 225,000 December 15, 2010 3.45 240,000 December 15, 2011 3.65 250,000 December 15, 2012 3.80 250,000 December 15, 2013 4.00 265,000 December 15, 2014 4.10 The Series 2004 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the Series 2004 Bonds shall be the date of delivery thereof. Interest on the Series 2004 Bonds, at the respective rates for each maturity, shall be payable on December 15, 2004, and semiannually thereafter on June 15 and December 15 of each year (each of said dates an "Interest Payment Date") and the Series 2004 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs (the "Record Date"), subject to the provisions of Section 4 hereof. The Series 2004 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 2004 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 2004 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 2004 Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each Series 2004 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 3 hereof. Payments of principal and accrued interest thereon due at 4 4 maturity or at any date fixed for redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 2004 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 2004 Bond as the absolute owner of such Series 2004 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Series 2004 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Series 2004 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Series 2004 Bonds or claims for interest to the extent of the sum or sums so paid. Section 3. Cornerstone Bank, National Association, York, Nebraska, is hereby designated as Paying Agent and Registrar for the Series 2004 Bonds. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying Agent and Registrar, the form of which is hereby approved. The Mayor and City Clerk are hereby authorized to execute said agreement in substantially the form presented but with such changes as they shall deem appropriate or necessary. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 2004 Bonds at its principal corporate trust office. The names and registered addresses of the registered owner or owners of the Series 2004 Bonds shall at all times be recorded in such books. Any Series 2004 Bond may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such Series 2004 Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 2004 Bond or Series 2004 Bonds of the same interest rate, aggregate principal 5 5 amount and maturity. To the extent of the denominations authorized for the Series 2004 Bonds by this Ordinance, one such bond may be transferred for several such bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such bonds may be transferred for one or several such bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 2004 Bond, the surrendered Series 2004 Bond or Bonds shall be canceled and destroyed. All Series 2004 Bonds issued upon transfer of the Series 2004 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 2004 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 2004 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 2004 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Series 2004 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4. In the event that payments of interest due on the Series 2004 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 2004 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. If the date for payment of the principal of or interest on the Series 2004 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 6. Series 2004 Bonds maturing December 15, 2009, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after the fifth anniversary of the date of original issue thereof at par plus accrued interest on the principal amount redeemed to the date fixed for 6 6 redemption. The City may select the Series 2004 Bonds to be redeemed in its sole discretion but the Series 2004 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 2004 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 2004 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 2004 Bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Series 2004 Bond at said owner's registered address. Such notice shall designate the Series 2004 Bond or Series 2004 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Series 2004 Bond or Series 2004 Bonds are to be presented for prepayment at the principal corporate trust office of said Paying Agent and Registrar. In case of any Series 2004 Bond partially redeemed, such notice shall specify the portion of the principal amount of such Series 2004 Bond to be redeemed. No defect in the mailing of notice for any Series 2004 Bond shall affect the sufficiency of the proceedings of the City designating the Series 2004 Bonds called for redemption or the effectiveness of such call for Series 2004 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Series 2004 Bond for which defective notice has been given. 7 7 Section 7. The Series 2004 Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL REFUNDING BOND OF THE CITY OF GRAND ISLAND, NEBRASKA SERIES 2004 No.______________ $__________ Interest Rate Maturity Date Date of Original Issue CUSIP No. December 15, ____ , 2004 Registered Owner: Principal Amount: Dollars ($__________) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on December 15, 2004, and on June 15 and December 15 of each year thereafter (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the principal corporate trust office of Cornerstone Bank, National Association, the Paying Agent and Registrar, in York, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of Two Million One Hundred Twenty Five Thousand Dollars ($2,125,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of paying and redeeming the City's General Obligation Various Purpose Bonds, Series 1999, Date of Original Issue - December 15, 1999, bonds maturing December 15, 2006 through December 15, 2014, inclusive, all in strict compliance with Section 10-142, R.R.S. Neb. 1997, as amended. The issuance of said bonds has 8 8 been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing December 15, 2009 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after the fifth anniversary of the date of original issue thereof, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the principal corporate trust office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond and in the issuance of the bonds refunded hereby did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond and the bonds refunded hereby, does not exceed any limitation imposed by law. The City agrees that it will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to fully pay the principal and interest of this bond and the other bonds of this issue as the same become due. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC"), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE 9 9 OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. CITY OF GRAND ISLAND, NEBRASKA _______________________________________ Mayor ATTEST: _________________________________________ City Clerk (SEAL) 10 10 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by the Ordinance of the Mayor and City Council of the City of Grand Island, in the State of Nebraska, described in the foregoing bond. Cornerstone Bank, National Association, York, Nebraska Paying Agent and Registrar By: ______________________________________ Authorized Signature (Form of Assignment) For value received hereby sells, assigns and transfers unto_________________________________ __________________________________________ (Social Security or Taxpayer I.D. No. ___________ ______________________) the within bond and hereby irrevocably constitutes and appoints ________________________________________________________, attorney, to transfer the same on the books of registration in the principal corporate trust office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: ___________________________________ Registered Owner(s) _________________________________________ _________________________________________ _________________________________________ Signature Guaranteed By ___________________________________ ______________________________________ Authorized Officer(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Section 8. Each of the Series 2004 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The 11 11 Series 2004 Bonds shall be issued initially as "book-entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Series 2004 Bonds. With respect to the issuance of the Series 2004 Bonds as "book-entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Series 2004 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Series 2004 Bond from a Bond Participant while the Series 2004 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 2004 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 2004 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 2004 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 2004 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 2004 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 2004 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Series 2004 Bonds or (ii) to make available Series 2004 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 2004 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 2004 Bonds be delivered to the ultimate beneficial owners of the Series 2004 Bonds and so notifies the 12 12 Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 2004 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 2004 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 2004 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 2004 Bond and all notices with respect to such Series 2004 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 2004 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 2004 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; or (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. (f) In the event of any partial redemption of a Series 2004 Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the Series 2004 Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository is terminated or resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Series 2004 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or 13 13 officers had remained in office until the delivery of such bond. The Series 2004 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The Series 2004 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the Series 2004 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof, upon receipt of % of the principal amount of the Series 2004 Bonds plus accrued interest thereon, if any, to date of payment for the Series 2004 Bonds. Such purchaser and its agents, representatives and counsel (including its bond counsel) are hereby authorized to take such actions on behalf of the City as are necessary to effectuate the closing of the issuance and sale of the Series 2004 Bonds, including without limitation, authorizing the release of the Series 2004 Bonds by the Depository at closing. The officers of the City (or any one of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the Series 2004 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 2004 Bonds which shall be delivered to said purchaser. 14 14 Section 9. Accrued interest, if any, received from the sale of the Series 2004 Bonds shall be applied to pay interest falling due on December 15, 2004. Expenses of issuance of the Series 2004 Bonds may be paid from the proceeds of the Series 2004 Bonds. The remaining proceeds of the Series 2004 Bonds, together with other available City funds as required for such purpose, shall be set aside and held and invested in a special trust account which is hereby ordered established. Cornerstone Bank, National Association, York, Nebraska, is hereby designated to serve as the escrow agent ("Escrow Agent"), to have custody and safekeeping of the funds and investments which are to be set aside for the payment of the Refunded Bonds. For purposes of governing such escrow account and the holding and application of such funds and investments, the City shall enter into a contract entitled "Escrow Agreement" with the Escrow Agent. The Mayor, City Clerk or City Treasurer are hereby authorized and directed to execute and deliver on behalf of the City said Escrow Agreement, including necessary counterparts, in substantially the form and content as presented to the meeting at which this ordinance is adopted, but with such changes and modifications therein as to them seem necessary, desirable, or appropriate for and on behalf of the City. Said Mayor and City Clerk or City Treasurer are further authorized to approve the investments provided for in said Escrow Agreement, and to make any necessary subscriptions for United States Treasury Securities, State and Local Government Series, or to contract for the purchase of securities in the open market. Said proceeds shall be invested in obligations of the United States Government, direct or guaranteed, including United States Treasury Securities, State and Local Government Series. To the extent that such proceeds are held in a bank depository account, such deposits shall be insured by insurance of the Federal Deposit Insurance Corporation or, to the extent not fully insured, fully collateralized in the same manner as is required for deposit of public funds. Any investment from the proceeds of the Series 2004 Bonds herein authorized shall mature at such times as are required to pay principal of and interest on the Refunded Bonds and in any event not later than December 15, 2004. As provided in said Escrow Agreement, a portion of the proceeds of the Series 2004 Bonds herein authorized and investment earnings thereon shall be applied to the payment of the principal of and interest on the Refunded 15 15 Bonds as the same become due on and prior to December 15, 2004, and as called for redemption on the Redemption Date. The Mayor and Council hereby covenant and agree to take all steps necessary and appropriate to provide for the payment, calling and redemption of the Refunded Bonds on the Redemption Date. The Mayor and Council further agree that the City will make no investment of any of the investment proceeds receivable by the City under the Escrow Agreement which would cause the total amount of such proceeds receivable to exceed an amount equal to 1% of the net sale proceeds of the Series 2004 Bonds which are actually issued and delivered pursuant to the terms of this ordinance. Section 10. The holders of the Series 2004 Bonds shall be subrogated to all rights of the holders of the Refunded Bonds including the right to have special assessments set aside as a sinking fund for the payment of principal thereof and interest thereon, from and after their payment and redemption on December 15, 2004. The City agrees that it shall cause to be levied and collected annually a special levy of taxes on all the taxable property in this City, in addition to all other taxes, sufficient in rate and amount to fully pay the principal of and interest on the Series 2004 Bonds when and as such principal and interest become due. Section 11. The City hereby covenants to the purchasers and holders of the Series 2004 Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 2004 Bonds, which would cause the Series 2004 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 2004 Bonds. The City hereby designates the Series 2004 Bonds as its “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-exempt interest bearing 16 16 obligations aggregating in principal amount more than $10,000,000 during calendar year 2004 (taking into consideration the exception for current refunding issues). Section 12. The City's obligations under this Ordinance with respect to any or all of the Series 2004 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 2004 Bonds and any such Serie s 2004 Bond shall no longer be deemed to be outstanding hereunder if such Series 2004 Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with the Paying Agent and Registrar, or with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment and/or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 2004 Bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with a bank or trust company or the Paying Agent and Registrar may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company or Paying Agent and Registrar in excess of the amount required to pay principal of and interest on the Series 2004 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. 17 17 Section 13. In accordance with the requirements of Rule 15c2-12 (the “Rule”) promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: (a) to each nationally recognized municipal securities information repository (a “NRMSIR”) and to the Underwriter, the City shall provide annual financial and operating information generally consistent with the information set forth under the heading “FINANCIAL STATEMENT” in the Official Statement for said bonds and its audited financial statements; such information is expected to be available not later than seven months after the end of each fiscal year for the City. Audited financial information shall be provided for governmental and fiduciary fund types based on the modified accrual basis of accounting and as to proprietary fund types on an accrual basis in accordance with generally accepted accounting principles; (b) in a timely manner to each NRMSIR or to the Municipal Securities Rulemaking Board (“MSRB”), notice of the occurrence of any of the following events with respect to the Series 2004 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non-payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties (there are no debt service reserves established for the Series 2004 Bonds under the terms of the Ordinance), (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the Series 2004 Bonds), (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the Series 2004 Bonds), (6) adverse tax opinions or events affecting the tax-exempt status of the Series 2004 Bonds, (7) modifications to rights of the Bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Series 2004 Bonds, and (11) rating changes (the Series 2004 Bonds are not rated and no rating for the Series 2004 Bonds is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. 18 18 (c) in a timely manner to each NRMSIR or to the MSRB notice of any failure on the part of the City to provide required annual financial information not later than seven months from the close of the City’s fiscal year. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the City, so long as such modification is consistent with the Rule. The City hereby agrees that such covenants are for the benefit of the registered owners of the Series 2004 Bonds (including Beneficia l Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Ordinance. The continuing disclosure obligations of the City under the Ordinance, as described above, shall cease when none of the Series 2004 Bonds remain outstanding. Section 14. The Preliminary Official Statement for the Series 2004 Bonds is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 15. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. PASSED AND APPROVED this _________ day of ____________________, 2004. _________________________________ ___________________________________ City Clerk Mayor (SEAL) Item G1 Receipt of Official Document - Community Redevelopment Authority Resolution No. 54 Receipt of Official Document - Community Redevelopment Authority Resolution No. 54 dated June 28, 2004. See attached Resolution No. 54. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item G2 Approving Minutes of June 22, 2004 City Council Regular Meeting The Minutes of June 22, 2004 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, July 13, 2004 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 CITY COUNCIL REGULAR MEETING June 22, 2004 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 June 22, 2004. Notice of the meeting was given in the Grand Island Independent on June 16, 2004. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nicerkson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Onamae Waddel, Trinity United Methodist Church, 511 North Elm Street. Pastor Waddel then sang “God Bless America”. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Fifteen individuals reserved time to speak on agenda items. ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Cornelius, carried unanimously to adjourn to Board of Equalization. #2004-BE-9 – Consideration of Determining Benefits for Street Improvement District No. 1248, Faidley Avenue from Moore’s Creek Drainway Easterly Towards Diers Avenue. Public Works Director Steve Riehle stated that work had been completed on Street Improvement District No. 1248 and action was required by the Council to set the assessments for this district. Motion by Pielstick, second by Hornady, to approve Resolution #2004-BE-9, carried unanimously. RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on a Change to the Grand Island Zoning Map for Property Being Proposed for Platting as Wal-Mart South Subdivision Located South of Highway 34 and East of South Locust Street from TA Transitional Agricultural to CD Commercial Development. Chad Nabity, Regional Planning Director reported that this change in zoning was for the Wal-Mart Super Center to be located on 36.19 acres at the southeast corner of U.S. Highway 34 and South Locust Street proposed for platting as Wal-Mart South Subdivision. Mentioned was that this item related to the Preliminary Plat and the Final Plat and Development Agreement for Wal-Mart South Page 2, City Council Regular Meeting, June 22, 2004 Subdivision before council. Mr. Nabity explained two changes to the Development Agreement that City Administration recommended. Recommended changes were: a 10’ Hike/Bike Trail instead of 5’ and a 20” water main instead of 10” to be paid by Wal-Mart. Ken Bunger, Attorney representing Wal-Mart spoke in support of the zoning change, annexation, and plat, but was opposed to the extra expense to Wal-Mart for the 20” water main. Mike Morrow and Gary Franz representing the owners at this location requested that if the development agreement were not approved, that Council wait with the annexation of this property. Don Day and Brett Martinez representing Olsson Associates on behalf of Wal-Mart were present to answer questions and encourage the city to pay for the increased size of the water main. No further public testimony was heard. Public Hearing on Request of Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant, 1816 Webb Road for a Class “J” Liquor License. City Clerk RaNae Edwards reported that Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant, 1816 Webb Road had submitted an application with the City Clerk’s Office for a Class “J” Liquor License which allows for the sale of wine and beer, on sale only within the corporate limits of the city. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 7, 2004; notice to applicant of date, time, and place of hearing mailed on June 7, 2004; notice to the general public of date, time, and place of hearing published on June 12, 2004; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 2719 South Locust Street. (William and Sandra Lawrey) Tim Lusinger, Utilities Assistant Director reported that acquisition of a utility easement located at 2719 South Locust Street was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to locate underground electrical cables and a pad-mounted transformer to serve the new Harley Davidson Central Store. No public testimony was heard. Public Hearing on Request of CXT/LB Foster Company for Renewal of Conditional Use Permit for Temporary Buildings Located at 710 East Highway 30. Craig Lewis, Building Department Director reported that CXT/LB Foster Company had submitted a request for renewal of a Conditional Use Permit for temporary buildings located at 710 East Highway 30. Mr. Lewis stated these buildings were initially intended for a five year period, but ha ve extended to eight. It was recommended that Council approve the two year renewal as requested, but no future approvals were recommended. No public testimony was heard. Public Hearing on Acquisition of all Real Estate Property Located in the Block Bordered by Walnut, Cedar, Koenig, and Charles Streets. Doug Walker, City Attorney reported that this was the site for construction of Fire Station #1 as discussed at the June 15, 2004 Study Session. This public hearing was required for Council approval to proceed with the acquisition of the real estate. Jerry Benker, 1710 West Oklahoma Avenue stated that he realized that a new station was needed and that if this was the only location for Fire Station #1, he wanted to be treated fairly. Gene Page 3, City Council Regular Meeting, June 22, 2004 McIntosh, 424 West Charles spoke regarding response times and coverage areas. No further public testimony was heard. Public Hearing on Acquisition of Approximately 90 Acres of Real Estate Located South of Capital Avenue, East of Nebraska Central Railroad, North of Lincoln View Estates Subdivision, and West of Geddes Street. Doug Walker, City Attorney reported that this was the site for construction of the Fire Training Facility as discussed at the June 15, 2004 Study Session. This public hearing was required for Council approval to proceed with the acquisition of the real estate. Doug Petersen, 1414 Capital Avenue and Brad Petersen, 2020 East Capital Avenue commented on a piece of property they owned north of Capital Avenue and east of McCain Foods that they would rather ha ve the city look at for the fire training center. Bob Hines, 1304 North Geddes spoke in opposition. No further public testimony was heard. ORDINANCES: Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8916 – Consideration of Change to the Grand Island Zoning Map for Property Being Proposed for Platting as Wal-Mart South Subdivision Located South of Highway 34 and East of South Locus t Street from TA Transitional Agricultural to CD Commercial Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in this Ordinance? Ken Bunger, Attorney for Wal-Mart commented on the unfairness of having Wal-Mart pay for the increased water main and hike/bike trail. He stated that Wal-Mart would pay for the 10’ hike/bike trail, but felt it was not fair to have them pay for the 20” water main. No further public comment was heard. City Clerk: Ordinance #8916 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8916 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8916 is declared to be lawfully passed and adopted upon publication as required by law. Motion by Pielstick, second by Nickerson to defer Ordinance #8888 to a later time to work out the Development Agreement. Page 4, City Council Regular Meeting, June 22, 2004 #8888 – Consideration of Annexation of Property Located South of U.S. Highway 34 and East of South Locust Street – Proposed Wal-Mart South Subdivision an Addition to the City of Grand Island (Final Reading) Ken Bunger, Attorney for Wal-Mart requested that approval be given at this meeting so the project could move forward. Mike Morrow representing the owners of the property stated that if the Development Agreement were not approved by Council, the owners would not want to annex this property at this time. Discussion was held with regards to the development agreement and the 20” water main. Upon roll call vote, Councilmembers Meyer, Pielstick, Nickerson, Pauly, and Walker voted aye. Councilmembers Whitesides, Gilbert, Cornelius, Hornady, and Haase voted no. Mayor Vavricek exercised his Mayoral right to break the tie vote by casting his vote against referring this matter to a later time. Motion failed. Motion by Whitesides, second by Gilbert to approve Ordinance #8888 on Final Reading. Mike Morrow requested that Resolution #2004-150 the Development Agreement for Wal-Mart South Subdivision be approved before the vote on Ordinance #8888. City Attorney Doug Walker stated that Council could repeal this Ordinance if the Development Agreement was not approved. Upon roll call vote, Councilmembers Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Meyer and Nickerson voted no. Motion adopted. Motion by Pielstick, second by Hornady, to approve Ordinance #8912 on Final reading. #8912 – Consideration of Annexation of Property South of Airport Road and East of Shady Bend Road being Platted as Frauen Subdivision (Final Reading) Upon roll call vote, Councilmembers Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Meyer and Gilbert voted no. Motion adopted. Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8914 – Consideration of Creation of Street Improvement District No. 1253, Island Circle – West of Webb Road in Lacy Subdivision #8917 – Consideration of Assessments for Street Improvement District No. 1248, Faidley Avenue from Moore’s Creek Drainway Easterly Towards Diers Avenue #8918 – Consideration of the Sale of Excess Right-of-Way to Menard, Inc., Adjacent to the South Side of Menard’s Property be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final Page 5, City Council Regular Meeting, June 22, 2004 passage and call for a roll call vote on each reading and then upon final passage. Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in these Ordinances? No public comment was heard. City Clerk: Ordinances #8914, #8917 and #8918 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #8914, #8917 and #8918 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8914, #8917 and #8918 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Item G-13 was pulled from the consent agenda. Motion by Hornady, second by Walker, to approve the Consent Agenda excluding item G-13. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 8, 2004 City Council Regular Meeting. Councilmember Pielstick abstained. Approving Minutes of June 15, 2004 City Council Study Session. Councilmember Cornelius abstained. Approving Request of Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant, 1816 Webb Road for a Class “J” Liquor License. Approving Request of Tri Nguyen, 3122 North 168th Street, Omaha, Nebraska for a Liquor Manager Designation for Mongolian Grill Restaurant, 1816 Webb Road. Approving Request of CXT/LB Foster Company for Renewal of Conditional Use Permit for Temporary Buildings Located at 710 East Highway 30. Approving Preliminary Plat for Wal-Mart South Subdivision. #2004-142 – Final Plat and Subdivision Agreement for Frauen Subdivision. It was noted that Karen Frauen had submitted a final plat for Frauen Subdivision, located on a parcel of land in the W1/2 NW1/4 of Section 1-11-9 South of Airport Road, west of Shady Bend Road for the purpose of creating 2 lots from an 80 acre tract of land. Councilmember Meyer voted no. #2004-143 – Approving Acquisition of Utility Easement Located at 2719 South Locust Street. (William and Sandra Lawrey) Page 6, City Council Regular Meeting, June 22, 2004 #2004-144 – Approving Discontinuation of Water Main District No. 448 – Stolley Park Road, Bellwood to Kingwood. #2004-145 – Approving Bid Award for Horizontal Split-Case Pump with Electric Motor for Roger’s Pumping Station Pump #3 Installation with Patterson Pump Company of Toccoa, Georgia in an Amount of $113,00.00 Plus Sales Tax. #2004-146 – Approving Discontinuation of Sanitary Sewer District No. 516, Along Stolley Park Road from Bellwood Drive to East of Kingswood Drive (Roush Subdivision). #2004-147 – Approving Amendment to the Grand Island Employees Pension Plan. #2004-149 – Approving Warranty Work for Burdick Station Combustion Turbines 2 and 3 with Donaldson Company, Inc. of Bloomington, Minnesota. #2004-148 – Approving State Contract Award for Purchase of 20 Computers for the Public Library with Dell Computers of Round Rock, Texas in an Amount of $24,971.08. Motion by Walker, second by Whitesides to approve Resolution #2004-148. Tim Victor, 4228 Springview Drive spoke in opposition. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2004-150 – Approving Final Plat and Development Agreement for Wal-Mart South Subdivision. Motion by Nickerson, second by Cornelius to approve Resolution #2004-150 with the modification that Wal-Mart pay for a 20” water main and a 10’ hike/bike trail. Ken Bunger, Attorney for Wal-Mart commented concerning the fairness of making Wal-Mart pay for the increased size of water main and hike/bike trail and requested that this item be deferred to a later date if the council were to require Wal-Mart to pay the full costs. Upon roll call vote, Councilmembers Meyer, Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick voted no. Motion adopted. #2004-151 – Approving Resolution Proposing a Ballot Measure Banning Smoking from all Enclosed Public Places and Places of Employment within the City of Grand Island. City Attorney Doug Walker reported that at the June 1, 2004 Study Session, representatives of Tobacco Free Hall County made a presentation requesting a ordinance banning smoking in all public places within the City of Grand Island. The consensus of Council was to place this issue on the ballot for voters to decide at the next general election. With further study from City Administration, it was recommended that this issue be referred to the Central District Health Department for further study. A lengthy discussion by council followed with comments made with regards to health issues, business owner’s rights, and ballot issues. Teresa Anderson, Central District Health Department Director supported further study of a smoking ban and the establishment of smoke free policies. Page 7, City Council Regular Meeting, June 22, 2004 Collette Shaughnessy representing Tobacco Free Hall County commented that they had not been notified or had any input in what was being presented to council, but stated they would support a ballot issue. Ms. Shaughnessy read a letter from Dr. Richard Fruehling supporting the smoking ban. The fo llowing people spoke regarding this issue: Russell Wing, 3125 Westside Street opposed ballot – supported ordinance Dean Burch, 407 East 18th Street opposed smoking ban Robert Mahood, 123 North Locust opposed smoking ban Dean Pegg, 120 East 3rd Street opposed smoking ban Richelle Cellar, 4258 Nevada Avenue opposed smoking ban Gene Dominick, 221 East 1st Street supported smoking ban Cory Cameron, 3009 W. Stolley Park Road opposed smoking ban Motion by Nickerson, second by Meyer to refer this matter to the Central District Health Department for further study. Upon roll call, Councilmembers Meyer, Nickerson, and Walker voted aye. Councilmembers Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and Haase voted no. Motion failed. Motion by Whitesides to deny Resolution #2004-151. Motion died due to lack of a second. Motion by Whitesides, second by Pauly to take the time necessary for further study of this issue and address ballot and/or ordinance language with the possibility of bringing this to an election. Upon on roll call vote, all voted aye. Motion adopted. Council took a recess at 10:40 p.m. and reconvened at 10:50 p.m. #2004-153 – Approving Acquisition of Approximately 90 Acres of Real Estate Located South of Capital Avenue, East of Nebraska Central Railroad, North of Lincoln View Estates Subdivision, and West of Geddes Street. City Administrator Gary Greer commented on a discussion with the Petersen’s of an alternate site. Mr. Greer recommended looking at the alternate site located north of Capital Avenue and east of McCain Foods. Doug Petersen, 1414 Capital Avenue commented on a preference for that site. Motion by Pielstick, second by Meyer to approve Resolution #2004-153. Upon roll call vote, all voted no. Motion failed. #2004-152 – Approving Acquisition of all Real Estate Property Located in the Block Bordered by Walnut, Cedar, Koenig, and Charles Streets. Councilmember Gilbert stated she felt we were rushing this decision. Councilmember Haase supported the proposed site but had concerns about cost. Councilmember Meyer commented that Page 8, City Council Regular Meeting, June 22, 2004 a Fire Station at Fonner Park solved no problems. Jerry Benker, 1710 West Oklahoma Avenue and Elaina Barber, 417 West Koenig Street spoke in opposition. Paul Jakubowski, 1511 Stagecoach Road commented on the lack of communication with regards to this issue. Motion by Gilbert, second by Haase to refer Resolution #2004-152 to the July 20, 2004 Study Session meeting. Upon roll call, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the period of June 9, 2004 through June 22, 2004, for a total amount of $3,451,550.11. Motion adopted. ADJOURNMENT: The meeting was adjourned at 11:30 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Request of Myriam Ramos dba Latin American Grocery Store, 602 West 4th Street for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G4 Approving Request of We Aim to Please, Inc., dba We Aim to Please You, 700 East Stolley Park Road for a Class "CK" Catering Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 Approving Request of Ronald Bodie, 204 North Grace, for Liquor Manager Designation for We Aim to Please You, 700 East Stolley Park Road Tuesday, July 13, 2004 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 13, 2004 Subject: Request of Ronald Bodie, 204 North Grace for Liquor Manager Designation for We Aim to Please You, 700 East Stolley Park Road Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Ronald Bodie, 204 North Grace has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “CD-64257” Liquor License for We Aim to Please You lo cated at 700 East Stolley Park Road. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Ronald Bodie, 204 North Grace for Liquor Manager Designation in conjunction with the Class “CK-64257” Liquor License for We Aim to Please You, 700 East Stolley Park Road. 2. Disapprove or /Deny the request. 3. Table the issue Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Ronald Bodie, 204 North Grace for Liquor Manager Designation for We Aim to Please You, 700 East Stolley Park Road. Item G6 Approving Request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for Addition to Class "I-61118" Liquor License This item relates to the aforementioned Public Hearing item E-5. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 #2004-154 - Approving the Adoption of the Comprehensive Development Plan Tuesday, July 13, 2004 Council Session 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: July 13, 2004 Subject: Comprehensive Plan Item #’s: G-7 Presenter(s): 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. 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 is has been updated and modified to recognize the growth of Grand Island since the 1992 plan. This plan projects population growth, land, transportation, and infrastructure needs, and land use patterns into the next 20 years. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the proposed plan as presented. 2. Discuss the proposed plan 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 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 approve the proposed plan as presented. ChadN S:\Docs\3515.doc Last printed 7/8/2004 4:46 PM - 1 - 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. ChadN S:\Docs\3515.doc Last printed 7/8/2004 4:46 PM - 2 - 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 taxable value 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 taxable value 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.. 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 Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-154 WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the orderly plan necessary to accommodate future growth and transportation needs; and WHEREAS, on August 24, 1992, by Resolution 92-215, the City of Grand Island approved and adopted the Comprehensive Land Use and Transportation Plan and associated figures and maps as prepared by the firm of BRW, Inc. of Minneapolis, Minnesota; and WHEREAS, numerous changes and amendments to the Plan have been approved since its initial adoption in 1992; and WHEREAS, JEO Consulting Group, Inc. of Wahoo, Nebraska, recently prepared a new and updated Comprehensive Development Plan; and WHEREAS, on February 18, 2004 and on June 2, 2004, the Regional Planning Commission held public hearings on such issue, and recommended approval of such plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and adopts the 2004 Comprehensive Development Plan prepared by JEO Consulting Group, Inc. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G8 #2004-155 - Approving Final Plat and Subdivision Agreement for 5- T Subdivision Tuesday, July 13, 2004 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 13, 2004 Subject: 5-T Subdivision - Final Plat Item #’s: G-8 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 1 lot on a currently unplatted parcel of land in the NE ¼ of Section 35, Township 12, Range 10. This property consists of .971 acres. This will split an existing farmstead from a tract of more than 20 acres. Discussion This is a legal subdivision within the jurisdiction of the City of Grand Island. This will be permitted with a well and septic system as city services are not available at this location. This property is not adjacent to the Grand Island City Limits. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick and seconded by Haskins to approve and recommend that the Grand Island City Council approve the final plat of 5-T Subdivision. A roll call vote was taken and the motion passed with 9 members present (Amick, Haskins, O’Neill, Niemann, Obst, Brown, Ruge, Wagoner, Hayes) voting in favor. . Sample Motion Approve the Final Plat for 5-T Subdivision as presented. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-155 WHEREAS, Donald E. Stoltenberg and R. Marie Stoltenberg, husband and wife, as owners, have caused to be laid out into a lot, a tract of land comprising a part of the Northwest Quarter (NW1/4) of Section Thirty Five (35), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, under the name of 5-T SUBDIVISION, and have caused a plat thereof to be acknowledged by them; 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 owners 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 5-T 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 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G9 #2004-156 - Approving Final Plat and Subdivision Agreement for Bockmann South Subdivision Tuesday, July 13, 2004 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 13, 2004 Subject: Bockmann South Subdivision - Final Plat Item #’s: G-9 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 1 lot on a currently unplatted parcel of land in the E ½ SE ¼ of Section 14, Township 10, Range 10. This property consists of 2.581 acres. This will split an existing farmstead from a tract of more than 20 acres. Discussion This is a legal subdivision within the jurisdiction of the City of Grand Island. This will be permitted with a well and septic system as city services are not available at this location. This property is not adjacent to the Grand Island City Limits. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Hayes and seconded by Haskins to approve and recommend that the Grand Island City Council approve the final plat of Bockmann South Subdivision. A roll call vote was taken and the motion passed with 9 members present (Amick, Haskins, O’Neill, Niemann, Obst, Brown, Ruge, Wagoner, Hayes) voting in favor. Sample Motion Approve the Final Plat for Bockmann South Subdivision as presented. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-156 WHEREAS, Dale L. Bockman and Marilyn J. Bockman, husband and wife, as owners, have caused to be laid out into a lot, a tract of land comprising a part of the East Half of the Southeast Quarter (E1/2, SE1/4) of Section Fourteen (14), Township Ten (10) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, under the name of BOCKMAN SOUTH SUBDIVISION, and have caused a plat thereof to be acknowledged by them; 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 owners 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 BOCKMAN SOUTH 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 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G10 #2004-157 - Approving Acquisition of Utility Easement Located East of Independence Avenue and North of Utah Avenue - Calvary Assembly of God This item relates to the aforementioned Public Hearing Item E-6. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-157 WHEREAS, a public utility easement is required by the City of Grand Island, from Calvary Assembly of God, a non-profit corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on July 13, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the West Half of the Northeast Quarter (W1/2, NE1/4) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, the centerline of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Referring to the northwest corner of Lot Thirteen (13) Ross Heights Second Subdivision; thence northerly along the easterly right-of-way line of Independence Avenue, a distance of Three Hundred Twenty Four (324.0) feet to the ACTUAL Point of Beginning; thence deflecting right 90º00'00" and running in an easterly direction, a distance of One Hundred Thirty Three (133.0) feet. The above-described easement and right-of-way containing 0.061 acres, more or less, as shown on the plat dated June 25, 2004, marked Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Calvary Assembly of God, a non-profit corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G11 #2004-158 - Approving Acquisition of Utility Easement Located North of Bismark Road, East of Stuhr Road - Nienhueser This item relates to the aforementioned Public Hearing Item E-7. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-158 WHEREAS, a public utility easement is required by the City of Grand Island, from Margaret A. Meyer, n/k/a Margaret A. Nienhueser and Kenneth Nienhueser, wife and husband, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on July 13, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, the westerly line of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Referring to the southwest corner of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence easterly along the southerly line of said Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West, a distance of three hundred sixty and five tenths (360.5) feet; thence northerly parallel with the westerly line of said Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West, a distance of thirty three (33.0) feet to the ACTUAL Point of Beginning; thence continuing northerly and parallel with the westerly line of the said Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West, a distance of three hundred forty seven (347.0) feet. The above-described easement and right-of-way containing 0.16 acres, more or less, as shown on the plat dated July 1, 2004, marked Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Margaret A. Meyer, n/k/a Margaret A. Nienhueser and Kenneth Nienhueser, wife and husband, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G12 #2004-159 - Approving Bid Award for Turbine Steam Seal Packing - Platte Generating Station Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: July 13, 2004 Subject: Bid Award for Turbine Steam Seal Packing - Platte Generating Station Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background Plant staff has observed significant changes in the operating characteristics of the Platte Generating Station over the last few months, and has been working to determine the cause. Out side equipment engineers and testing firms have been consulted. The major source of change is excessive steam leakage between the high pressure and intermediate pressure sections of the steam turbine. This leakage causes reduced boiler reheat steam flows which affects boiler operation as it is calibrated to maintain reheat steam temperature. Steam leakage between turbine sections is controlled by labyrinth toothed shaft seals, commonly referred to as steam seal packing. The steam seal packing prevents steam leakage between the stationary turbine casings and the rotating shaft, and between turbine sections, in a severe working environment. Turbine steam inlet conditions are 1800psi at 10000 F. The turbine at Platte has been in service since 1982 and the packing has never been replaced. The Utilities Department solicited bids for replacement steam seal packing, springs, and bolts. These components are planned for installation during a scheduled maintenance outage this fall. Discussion The specifications for the replacement turbine steam seal packing were issued for bid in accordance with the City Procurement Code. Responses were received from the following bidders. The engineer’s estimate for this contract was $170,000. Bidder Bid price GE Energy Parts, Cincinnati, OH $ 67,402.08 TurboCare, Inc, Chicopee, MA $ 74,883.00 Power Generation Services, Inc., Anoka, MN $ 99,500.00 Turbo Parts, LLC, Ballston Spa, NY $139,300.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the award for the Turbine Steam Seal Packing. 2. Deny the purchase of the Turbine Steam Seal Packing. 3. Table the issue. Recommendation The Utilities Department staff reviewed the bids for compliance with the City’s detailed specifications. The Utilities Department recommends that the purchase contract for this equipment be awarded to the low compliant bidder, GE Energy Parts, in the amount of $67,402.08. Sample Motion I move the award for purchase of the turbine steam seal packing in the amount of $67,402.08 be awarded to GE Energy Parts from Cincinnati, Ohio. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 24, 2004 at 11:00 a.m. FOR: Turbine Steam Seal Packing DEPARTMENT: Utilities - PGS ESTIMATE: $170,000.00 FUND/ACCOUNT: E-520 PUBLICATION DATE: June 10, 2004 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: GE Energy Parts Power Generation Service, Inc. Cincinnati, OH Anoka, MN Bid Security: Liberty Mutual Ins. Co. United States Fidelity Exceptions: None None Bid Price: $68,040.96 $99,500.00 Bidder: TurboCare, Inc. Turbo Parts, LLC Chicopee, MA Ballston Spa, NY Bid Security: Federal Insurance Co. $6,965.00 Exceptions: None None Bid Price: $74,883.00 (Tax not included) $139,300.00 (Tax not included) Bidder: MVP Turbine Repair, Inc. Barnhart, MO Bid Security: $4,787.85 Exceptions: Non Bid Price: $95,757.08 P911 Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-159 WHEREAS, the City of Grand Island invited sealed bids for Turbine Steam Seal Packing, according to plans and specifications on file at the Platte Generating Station; and WHEREAS, on June 24, 2004, bids were received, opened and reviewed; and WHEREAS, GE Energy Parts of Cincinnati, Ohio, submitted a bid in accordance with the terms of the advertisement of bids and the specifications and all other statutory requirements contained therein, such bid being in the amount of $67,402.08; and WHEREAS, GE Energy Parts' bid is less than the engineer's estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GE Energy Parts of Cincinnati, Ohio, in the amount of $67,402.08 for turbine steam seal packing is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G13 #2004-160 - Approving Deferral of Assessments for Agricultural Property, Located within the Boundaries of Street Improvement District 1252, Lillie Drive (Steve and Connie Asche) Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Approving Deferral of Assessments for Agricultural Property, located with in the Boundaries of Street Improvement District 1252, Lillie Drive and Mabel Drive. Item #’s: G-13 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background City Council action is required to approve deferral of special assessments. The City Council created Street Improvement District 1252 on May 25, 2004. Steven and Connie Asche are the owners of the agricultural land within the District. Discussion The owners have requested that an agricultural use deferral be granted for assessments from Street Improvement District 1252. The real estate is located within an agricultural use zone and is used exclusively for agricultural purposes. The owner is not protesting the district provided the agricultural deferment is granted. Assessment payments would begin when the property is developed or no longer eligible for an agricultural use deferral. Alternatives 1. Approve the request for an agricultural deferment. 2. Disapprove or /Deny the request for an agricultural deferment; the Asche’s would then protest the district. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the request for an agricultural deferral. Sample Motion Move to approve the agricultural deferral. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-160 WHEREAS, on May 25, 2004, by Ordinance No. 8906, the City of Grand Island created Street Improvement District No. 1252; and WHEREAS, such district includes land which is and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, Steven F. Asche and Connie Asche own property in such district; and WHEREAS, Steven Asche and Connie Asche have requested an agricultural deferment on the assessment for Street Improvement District No. 1252 due to the land being used exclusively for agricultural purposes; and WHEREAS, a Notice of Filing Application for Deferral from Special Assessments was filed with the Hall County Register of Deeds on June 18, 2004 as Instrument No. 0200406059 pertaining to property owned by Steven and Connie Asche which is located within Street Improvement District No. 1252. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The special assessments to be levied against Steven and Connie Asche under Street Improvement District No. 1252 shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessment. 3. That the special assessment shall be divisible upon a pro rata basis of the original assessment in the event a portion of the land shall no longer be eligible for deferral. 4. That upon termination of deferral, the principal amount of the special assessment shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. Approved as to Form ? _______________ July 8, 2004 > City Attorney - 2 - _______________________________________ RaNae Edwards, City Clerk Item G14 #2004-161 - Approving Deferral of Assessments for Agricultural Property, Located within the Boundaries of Street Improvement District 1252, Lillie Drive (Barry Niedfelt) Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Approving Deferral of Assessments for Agricultural Property, located with in the Boundaries of Street Improvement District 1252, Lillie Drive and Mabel Drive (Barry Niedfelt) Item #’s: G-14 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background City Council action is required to approve deferral of special assessments. The City Council created Street Improvement District 1252 on May 25, 2004. Barry Niedfelt is an owner of agricultural land located within the District. Discussion The owner has requested that an agricultural use deferral be granted for assessments from Street Improvement District 1252. The real estate is located within an agricultural use zone and is used exclusively for agricultural purposes. Assessment payments would begin when the property is developed or no longer eligible for an agricultural use deferral. Alternatives 1. Approve the request for an agr icultural deferment. 2. Disapprove or /Deny the request for an agricultural deferment. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the request for an agricultural deferral. Sample Motion Move to approve the agricultural deferral. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-161 WHEREAS, on May 25, 2004, by Ordinance No. 8906, the City of Grand Island created Street Improvement District No. 1252 along Lillie Drive and Mabel Drive; and WHEREAS, such district includes land which is and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, Barry W. Niedfelt owns property in such district; and WHEREAS, Barry W. Niedfelt has requested an agricultural deferment on the assessment for Street Improvement District No. 1252 due to the land being used exclusively for agricultural purposes; and WHEREAS, a Notice of Filing Application for Deferral from Special Assessments was filed with the Hall County Register of Deeds on July 6, 2004 as Instrument No. 0200406614 pertaining to property owned by Barry W. Niedfelt which is located within Street Improvement District No. 1252. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The special assessments to be levied against Barry W. Niedfelt under Street Improvement District No. 1252 shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessment. 3. That the special assessment shall be divisible upon a pro rata basis of the original assessment in the event a portion of the land shall no longer be eligible for deferral. 4. That upon termination of deferral, the principal amount of the special assessment shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ Approved as to Form ? _______________ July 8, 2004 > City Attorney - 2 - RaNae Edwards, City Clerk Item G15 #2004-162 - Approving Continuation of Street Improvement District 1252; Lillie Drive from North Road to Mabel Drive and Mabel Drive North to Edna Drive Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E. Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Continuation of Street Improvement District 1252; Lillie Drive from North Road to Mabel Drive and Mabel Drive North to Edna Drive Item #’s: G-15 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background Street Improvement District 1252, Lillie Drive from North Road to Mabel Drive and Mabel Drive North to Edna Drive, for asphalt paving, was created by the City Council on May 25, 2004. Legal notice of the district creation was published in the Grand Island Daily Independent on June 1, 2004. Notification was also mailed to the property owners on that date, stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. Discussion The District completed the 20-day protest period at 5:00 p.m. on June 21, 2004. There were two protest filed against this district by abutting property owners. These owners represented 1,317.05 front feet, or 36.86% of the total district frontage of 3, 573.09 feet. However, one owner with 933.05 front feet has filed for an Ag Deferment and has indicated in their protest letter that they will not protest if the deferment is granted by City Council at the July 13, 2004 meeting. This protest will not be considered, assuming that Council will grant this request. The other protesting owner has 384 feet of footage, 299 feet of which the right to protest has been waived due to stipulations in the subdivision agreement. Accordingly, the remaining 85 feet of frontage is considered a valid protest and represents 2.38 % of the total district frontage of 3,573.09 feet. Alternatives 1. Approve the continuation of Street Improvement District 1252. 2. Disapprove or /Deny the continuation of the District. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council pass a resolution for continuation of the district. Sample Motion Move to approve the continuation of Street Improvement District 1252. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-162 WHEREAS, Street Improvement District No. 1252 (Lillie Drive) was created by Ordinance No. 8906 on May 25, 2004; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on June 21, 2004, and protests were filed with the City Clerk against the creation of Street Improvement District 1252 by abutting property owners representing 2.38% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1252, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G16 #2004-163 - Approving Bid Award for the U.S. HWY 281 Traffic Signal Project, 2004-TS-1 Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Dale Shotkoski, Assistant City Attorney Meeting: July 13, 2004 Subject: Approving Bid Award for the U.S. HWY 281 Traffic Signal Project, 2004-TS-1 Item #’s: G-16 Presenter(s): Steven P. Riehle, Director of Public Works Background On June 14, 2004 the Engineering Division of the Public Works Department advertised for bids for the U.S. HWY 281 Traffic Signal Project, 2004-TS-1. Discussion Three bids were received and opened on June 29, 2004. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. All bids were submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid Ensley Electric Grand Island, NE None Inland Insurance Company $41,993.30 Dominion Construction Co. Grand Island, NE None Travelers Casualty $47,179.36 Kayton Electric Grand Island, NE None Federal Insurance Company $53,493.75 The engineer’s opinion of cost for this project is $46,107.47. There are sufficient funds available in the Public Works account No. 40033535-90075. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for the U.S. HWY 281 Traffic Signal Project, 2004-TS-1 to the lowest bidder. 2. Disapprove or/Deny awarding the contract. 3. Modify the contract to meet the wishes of the Council. 4. Table the issue, however, the contractor may with draw their bid if it is not awarded within 45 days of bid opening. Recommendation City Administration recommends that the Council approve awarding the contract to Ensley Electric of Grand Island, Nebraska, for the amount of $41,993.30. Sample Motion Move to approve the award of the contract to the lowest bidder, Ensley Electric of Grand Island, Nebraska for the U.S. HWY 281 Traffic Signal Project, 2004-TS-1. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 29, 2004 at 11:00 a.m. FOR: U.S. Highway Signal Project 2004-TS-1 DEPARTMENT: Public Works ESTIMATE: $46,107.47 FUND/ACCOUNT: 40033535-90075 PUBLICATION DATE: June 14, 2004 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Ensley Electric Dominion Construction Co. Kayton Electric Grand Island, NE Grand Island, NE Grand Island, NE Bid Security: Inland Insurance Co. Travelers Casualty Federal Ins. Co. Exceptions: None None None Bid Price: $41,993.30 $47,179.36 $53,493.75 cc: Steve Riehle, Public Works Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P914 Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-163 WHEREAS, the City of Grand Island invited sealed bids for the U.S. Highway 281 Signal Project 2004-TS-1, according to plans and specifications on file with the City Engineer; and WHEREAS, on June 29, 2004, bids were received, opened and reviewed; and WHEREAS, Ensley Electric of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $41,993.30; and WHEREAS, Ensley Electric's bid is less than the engineer's estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Ensley Electric of Grand Island, Nebraska, in the amount of $41,993.30 for the U.S. Highway Signal 281 Project 2004-TS-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G17 #2004-164 - Approving Bid Award for Sanitary Sewer District No. 513, Gosda Subdivision Along Lillie Drive West of North Road Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E. Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Approving Bid Award for Sanitary Sewer District No. 513, Gosda Subdivision Along Lillie Drive West of North Road Item #’s: G-17 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background On March 23, 2004 the Engineering Division of the Public Works Department advertised for bids for Sanitary Sewer No. 513; Gosda Subdivision along Lillie Drive West of North Road. Discussion Two bids were received and opened on July 1, 2004. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. Both bids were submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid The Diamond Engineering Company Grand Island, NE None Travelers Casualty and Surety Co. $23,394.50 Judds Brothers Grand Island, NE None Union Insurance Co. $31,677.50 The engineers estimate for this project was $31,188.75. There are sufficient funds in Account No. 53030055-85213 to fund this contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for Sanitary Sewer District 513 to the lowest bidder. 2. Disapprove or/Deny awarding the contract. 3. Modify the contract to meet the wishes of the Council. 4. Table the issue, however, the contractor may withdraw their bid if there is not a contract awarded within 45 days of bid opening. Recommendation City Administration recommends that the Council approve awarding the contract and passing a resolution authorizing the Mayor to sign a contract with The Diamond Engineering Company of Grand Island, Nebraska, for the amount of $23,394.50. Sample Motion Move to approve the award of the contract to the lowest bidder, The Diamond Engineering Company of Grand Island, Nebraska for Sanitary Sewer District 513. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 1, 2004 at 11:00 a.m. FOR: Sanitary Sewer District #513 DEPARTMENT: Public Works ESTIMATE: $31,188.75 FUND/ACCOUNT: 53030055-85213 PUBLICATION DATE: June 16, 2004 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Diamond Engineering Co. Judds Brothers Grand Island, NE Grand Island, NE Bid Security: Travelers Casualty Union Insurance Co. Exceptions: None None Bid Price: $23,394.50 $31,677.50 cc: Steve Riehle, Public Works Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P913 Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-164 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 513 located in Gosda Subdivision, along Lillie Drive west of North Road, according to plans and specifications on file with the City Engineer; and WHEREAS, on July 1, 2004, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $23,394.50; and WHEREAS, The Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $23,394.50 for Sanitary Sewer District No. 513 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G18 #2004-165 - Approving Agreement with CH2MHill for Engineering Consulting Services for a Water Balance and Nutrient Source Study Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: July 13, 2004 Subject: Approving Agreement with CH2MHill for Engineering Consulting Services for a Water Balance and Nutrient Source Study Item #’s: G-18 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background On June 16, 2004 the Waste Water Division of the Public Works Department advertised to receive proposals to conduct a site water balance and nutrient source study in the vicinity of the City’s Waste Water Treatment Plant. Discussion A single proposal was received from CH2M Hill on June 24, 2004. An agreement has been negotiated for the scope and the cost of the study. CH2M Hill has performed the majority of the engineering consulting work for the improvements to the Waste Water Treatment Plant for the last ten years. The scope of the agreement, schedule, and fee were negotiated in conformance with the procedures set out in the city code. The agreement for the first phase of the work is in the amount of $15,272.00 The work will be performed on an actual cost basis with a maximum dollar amount of $15,272.00. There are sufficient funds in account 53030001-85207 to fund this study. The scope of the initial phase of the work will identify and collect available information, identify data gaps, and conduct a limited water balance analysis using the available data. A second phase and possibly a third phase to the study will follow. The costs and the scope of the additional phases will be negotia ted upon obtaining results of the Phase I and Phase II studies. Alternatives 1. Approve a resolution authorizing the Mayor to sign an agreement to conduct the study. 2. Disapprove or /Deny the Mayor authorization to sign an agreement for the study. 3. Modify the agreement to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign an agreement with CH2M Hill to perform a water balance and nutrient source stud y. Sample Motion Move to approve entering into an agreement with CH2M Hill. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-165 WHEREAS, the City of Grand Island invited proposals for Engineering Consulting Services for the Wastewater Division of the Public Works Department relative to a site water balance and nutrient source investigation, according to Request for Proposals on file with the Public Works Department; and WHEREAS, proposals were due on June 24, 2004; and WHEREAS, CH2M Hill, Inc. of Englewood, Colorado, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein at a not to exceed cost of $15,272.00; and WHEREAS, the proposed Professional Services Agreement with CH2M Hill, Inc. for such services 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 proposal of CH2M Hill, Inc. of Englewood, Colorado, for engineering consulting services relative to a site water balance and nutrient source investigation near the Wastewater Treatment Plant at a not to exceed cost of $15,272.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Professional Services Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G19 #2004-166 - Approving Bid Award for Grand Generation Addition and Renovation Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma/Jerenne Garroutte Meeting: July 13, 2004 Subject: Senior Center renovation/expansion contract award Item #’s: G-19 Presenter(s): Joni Kuzma Background In July 2003, the City of Grand Island was awarded a $350,000 grant from the Nebraska Department of Economic Development for the renovation and expansion of the Grand Generation Center, d/b/a Senior Citizen’s Industries, Inc. Phase I of the project includes a 4,300 square foot expansion of the existing building and a 300 square foot renovation of the kitchen, as designated in the DED grant. The grant provides $332,500 of CDBG funding toward the project. Another $120,256 is committed in matching funds from Senior Citizen’s Industries, Inc. This Base Bid contract award pertains to Phase 1 only, which includes the grant and the grant committed Senior Center cash match, an amount not to exceed $452,756. The first Phase of the project must be complete no later than July 9, 2005. Discussion The project was bid in three parts: the Base Bid (as defined in the grant), Alternate #1, and Alternate #2. This contract award is only for the Base Bid, submitted by Starostka Group, Inc., for the amount of $615,985.00. The grant/matching share of the Base Bid award may not exceed $452,756. The Base Bid balance of $163,229 will be paid by Senior Citizens Industries, Inc. Any costs incurred above this amount, including Alternate #1 ($155,644) and Alternate #2 ($189,333), will be the sole responsibility of the Senior Center. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract for Phase 1 expansion and renovation of the Senior Center with Starostka Group, Inc. in the amount of $615,985.00 ($452,756 grant committed/$163,229 Senior Citizens Industries, Inc. share). 2. Disapprove or /Deny the contract award to Starostka Group, Inc. 3. Modify the contract award to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the contract and award the bid for Senior Center expansion and Renovation Phase I to Starostka Group, Inc. Sample Motion Approve the contract award for $615,985 for Phase I expansion and renovation of the Senior Center with Starostka Group, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 1, 2004 at 11:15 a.m. (Re-Bid) FOR: Addition & Renovation to the Grand Generation Center DEPARTMENT: Community Development ESTIMATE: $989,850.00 FUND/ACCOUNT: Grant Fund/CRA/Private PUBLICATION DATE: June 24, 2004 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Lacy Construction Co. Starostka Group Grand Island, NE Grand Island, NE Bid Security: Universal Surety Company Merchants Bonding Co. Base Bid Price: $629,500.00 $615,985.00 Alternate No. 1: $154,000.00 $155,644.00 Alternate No. 2: $204,000.00 $189,333.00 cc: Jeri Garroutte, Community Development Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P909 Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-166 WHEREAS, the City of Grand Island invited sealed bids for Addition and Renovation of the Grand Generation Center at 304 East Third Street, according to plans and specifications on file with the City Clerk's office; and WHEREAS, on July 1, 2004, bids were received, opened and reviewed; and WHEREAS, Starostka Group, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $615,985.00 for Phase I of the project; and WHEREAS, the City of Grand Island was awarded a $350,000 grant from the Nebraska Department of Economic Development of which $332,500 can be used for the funding of this project; and WHEREAS, Senior Citizen's Industries, Inc. has committed matching funds in the amount of $236,819.00 for such project; and WHEREAS, the remaining costs of the base bid and any additional costs of the projects, including Alternate #1 and Alternate #2 will be the sole responsibility of the Senior Center; and WHEREAS, a contribution may be made in the next fiscal year to the Grand Generation Center from funds derived from the recently approved 1/2 cent sales tax proceeds which can be utilized for this project; and WHEREAS, city funds in excess of $332,500.00 are contingent upon the City of Grand Island approving and adopting a fiscal year 2004-2005 budget with sufficient and appropriate appropriations to perform the City's duties and responsibilities of such renovation project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Starostka Group, Inc. of Grand Island, Nebraska, in the amount of $615,985.00 for the Phase I addition and renovation of the Grand Generation Center at 304 East Third Street is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement with Starostka Group, Inc. and Senior Citizens Industries, Inc. on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G20 #2004-167 - Approving Bid Award for Housing Rehabilitation Services Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma Meeting: July 13, 2004 Subject: Contract Award for Housing Rehabilitation Services Item #’s: G-20 Presenter(s): Joni Kuzma Background In September 2003, the City of Grand Island was awarded a $270,400.00 grant for the rehabilitation of 10 owner-occupied homes in the Community Development Block Grant Project Area. To date, 22 rehab pre-applications and full applications have been received, three homes have been approved for the rehab program and lead inspections have been completed by a Certified Lead Hazard Risk Assessor on each property. The next step in the rehab process is to complete work write-ups for the improvements required for each home and to bid the work for each project. Community Development staff will work with the Housing Rehabilitation Services consultant in completion of no less than 10 rehab projects. Discussion Due to Community Development staff changes and responsibility reassignments, it is the recommendation of Community Development to hire a Rehabilitation Services Consultant to manage, supervise and coordinate the rehabilitation of no less than 10 homes, which have been pre-approved by the Community Development Division for the Owner-occupied Rehabilitation program. A Request for Proposals was published on June 20, 2004. The proposals were opened on June 30, 2004. Based on the qualifications in the Proposals, Community Development staff recommends that the contract be awarded to Community Development Services, LLC, owned and operated by Randy and Leigh Alexander. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract award for Rehabilitation Services Consultant to Community Development Services, LLC, for a total amount not to exceed the grant allowance of 7% of the total award amount (or $17,500). 2. Disapprove or /Deny the contract award for Rehabilitation Services management. 3. Modify the contract award for Rehabilitation Services management to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the contract award for Rehabilitation Services Consultant to Community Development Services, LLC, for a total amount not to exceed the grant allowance of 7% of the total award amount (or $17,500). Sample Motion Approve the contract award for Rehabilitation Services Consultant to Community Development Services, LLC, for a total amount not to exceed the grant allowance of 7% of the total award amount (or $17,500). Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR HOUSING REHABILITATION SERVICES RFP DUE DATE: June 30, 2004 at 4:00 p.m. DEPARTMENT: Planning Department PUBLICATION DATE: June 20, 2004 NO. POTENTIAL BIDDERS: 5 SUMMARY OF PROPOSALS RECEIVED Nelson Contracting Community Development Services, LLC Grand Island, NE Plainview, NE Housing Development Corporation Grand Island, NE cc: Chad Nabity, Regional Planning Director Jerenne Garroutte, Planning Department Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P915 3484.doc Page 1 of 7 Attachment E COMMUNITY DEVELOPMENT SERVICES, LLC SERVICE / CONSULTANT AGREEMENT FOR HOUSING ADMINISTRATION THIS AGREEMENT made and entered into by and between the City of Grand Island, Nebraska, hereinafter referred to as the “City” and Community Development Services, LLC, hereinafter referred to as the “Consultant.” WITNESSES THAT: WHEREAS, the City and the Consultant are desirous of entering into a contract to formalize their relationship, and WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended through 1981, the State of Nebraska Department of Economic Development (DED) is authorized by the federal Department of Housing and Urban Development (HUD) to provide Community Development Block Grant Program funds (hereinafter referred to as CDBG funds) to units of local government selected to undertake and carry out certain programs and projects under the Nebraska State Community Development Block Grant Program in compliance with all applicable local, state and federal laws, regulations and policies, and WHEREAS, the City has been notified of CDBG funds reservation as a result of a CDBG application #03-HO-404 for the purposes set forth herein, and WHEREAS, the Scope of Work included in this contract is authorized as part of the City’s approved CDBG program, and WHEREAS, it would be beneficial to the City to utilize the Consultant as an independent entity to accomplish the Scope of Work set forth herein and such endeavor would tend to best accomplish the objectives of the local CDBG program. NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained herein and the mutual benefits to be derived therefrom, the parties hereto agree as follows: 1. Services to be Provided by the Parties a. The Consultant shall complete in a satisfactory and proper manner as determined by the City the work activities described in the Scope of Work (Attachment #1 to the contract). b. The City will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide compensation for services as set forth in Section 3 below. 2. Time of Performance The effective date of this contract shall be the date of selection by the City. The termination date of the contract shall be upon the end of the required monitoring period as determined later by DED. 3. Consideration The City shall reimburse the Consultant for all allowable expenses agreed upon by the parties to complete the Scope of Work. In no event shall the total amount reimbursed by the City exceed the grant allowance of 7% of total award amount (or $17,500). It is expressly understood that claims for reimbursement shall not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of this agreement. 3484.doc Page 2 of 7 Attachment E It is also understood that this contract is funded in whole with CDBG funds through the State of Nebraska Community Development Block Grant Program as administered by DED and is subject to those regulations and restrictions normally associated with federally funded programs and any other requirements that the state may prescribe. 4. Records The Consultant agrees to maintain such records and follow such procedures as may be required under OMB Circular A102 and any such procedures that the City and DED may prescribe. In general such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this contract and work undertaken under this contract shall be retained by the Consultant for a period of four years after the final audit of the City’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City shall request a longer period for record retention. The City, DED and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the Consultant involving transactions to this local program and contract. 5. Relationship The relationship of the Consultant to the City shall be that of an independent Consultant rendering professional services. The consultant shall have no authority to execute contracts or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Consultant. 6. Suspension, Termination and Close Out If the Consultant fails to comply with the terms and conditions of this contract the City may pursue such remedies as are legally available including, but not limited to the suspension or termination of this contract in the manner specified herein: a. Suspension. If the Consultant fails to comply with the terms and conditions of this contract, or whenever the Consultant is unable to substantiate full compliance with the provisions of this contract, the City may suspend the contract pending corrective actions or investigate effective not less than 7 days following written notification to the Consultant or its authorized representative. The suspension will remain in full force and effect until the Consultant has taken corrective action to the satisfaction of the City and is able to substantiate its full compliance with these terms and conditions of this contract. No obligations incurred by the Consultant or its authorized representatives during the period of suspension will be allowable under the contract except; i. Reasonable, proper and otherwise allowable costs which the Consultant could not avoid during the period of suspension. ii. If upon investigation, the Consultant is able to substantiate complete compliance with the terms and conditions of this contract, otherwise allowable costs incurred during the period of suspension will be allowed. iii. In the event all or any portion of work prepared or partially prepared by the Consultant be suspended, abandoned, or otherwise terminated the City shall pay the Consultant for work performed to the satisfaction of the City, in accordance with the percentage of the work completed. 3484.doc Page 3 of 7 Attachment E b. Termination for Cause. If the Consultant fails to comply with the terms and conditions of this contract and any of the following conditions exist: i. The lack of compliance with the provisions of this contract is of such scope and nature that the City deems continuation of the contract to be substantially detrimental to the interests of the City. ii. The consultant has failed to take satisfactory action as directed by the City or its authorized representative within the time specified by same. iii. The consultant has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this contract; then, the City may terminate this contract in whole or in part, and thereupon shall notify the Consultant of the termination, the reasons therefore, and the effective date provided such effective date shall not be prior to notification of the Consultant. After this effective date, no charges incurred under any terminated portions are allowable. c. Termination for Other Grounds. This contract may also be terminated in whole or in part: i. By the City, with the consent of the Consultant, or by the Consultant with the consent of the City, in which case the two parties shall devise by mutual agreement, the conditions of termination in part, that portion to be terminated. ii. If the funds allocated by the City via this contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. iii. In the event the City fails to pay the Consultant promptly or within 60 days after invoices are rendered, the City agrees that the Consultant shall have the right to consider said default a breach of this agreement and the duties of the Consultant under this agreement terminated. In such an event, the City shall then promptly pay the Consultant for all services performed and all allowable expenses incurred. iv. The City may terminate this contract at any time giving at least 10 days notice in writing to the Consultant. If the contract is terminated for convenience of the City as provided herein, the Consultant will be paid for time provided and expenses incurred up to the termination date. 7. Changes, Amendments, Modifications The City may, from time to time, require changes or modifications in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation therefore, which are mutually agree upon by the City and the Consultant shall be incorporated in written amendments to this contract. 8. Personnel The Consultant represents that he/she has, or will secure at his/her own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees or have any contractual relationship to the City. All services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. None of the work or services covered by this contract shall be subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this contract. 3484.doc Page 4 of 7 Attachment E 9. Assignability The Consultant shall not assign any interest on this contract, and shall not transfer any interest on this contract (whether by assignment or notation), without prior written consent of the City thereto; provided, however, that claims for money by the Consultant from the City under this contract may be assigned to a bank, trust company, or other financial institutions without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 10. Reports and Information The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 11. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without prior written approval of the City. 12. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be subject of an application for copyright by or on behalf of the Consultant. 13. Compliance With Local Laws The Consultant shall comply with all applicable laws, ordinances and codes of the state and local governments and the Consultant shall hold the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract and from failure to comply with any condition or term of this contract. 14. Executive Order 11246* (APPLICABLE TO CONSTRUCTION CONTRACTORS ONLY) 15. Title VI of the Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving federal financial assistance. 16. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 17. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work 3484.doc Page 5 of 7 Attachment E in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provision of said Section 3. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these provisions. c. The Consultant will send to each labor organization or representative or workers with which he/she has collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative or his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or receipt of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Consultant will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its consultants and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 18. Age Discrimination Act of 1975, As Amended (42 U.S.C. 6161, et.seq.) The law provides that no person will be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. 19. Section 504 of the Rehabilitation Act of 1973, As Amended (29 U.S.C. 794) The law provides that no otherwise qualified individual will, solely by reason of his other handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal assistance funds. 20. Executive Order 11246, As Amended This Order applies to all federally assisted construction contracts and subcontracts. The Grantee and subcontractors, if any, will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee and subcontractors, if any, will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. 21. Conflict of Interest No officer, employee or agent of the Grantee who will participate in the selection, the award, or the administration of this grant may obtain a personal or financial interest or benefit from the activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder either for themselves or those with whom they have family or business ties, during their tenure or for one 3484.doc Page 6 of 7 Attachment E year thereafter. It is further required that this stipulation be included in all subcontracts to this contract. Upon written request, exception may be granted upon a case by case basis when it is determined that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. These exceptions are granted by DED. 22. Audits and Inspections The City, DED, the State Auditor and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this contract, by whatever legal and reasonable means are deemed expedient by the City, DED, the State Auditor and HUD. 23. Hold Harmless The Consultant agrees to indemnify and hold harmless the City, its appointed and elective officers and employees, from and against all loss and expense, including attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Consultant's and its agents' negligent performance of work associated with this agreement. The Consultant shall not be liable for property and bodily injury as may result from the negligence of any construction contractor or construction subcontractor. This agreement contains all terms and conditions agreed to by the City and the Consultant. The attachments to this agreement are identified as follows: Attachment #1, Scope of Work, consisting of one page. WITNESS WHEREOF, the City and the Consultant have executed this contract agreement as of the date and year last written below. CITY OF GRAND ISLAND, NEBRASKA COMMUNITY DEVELOPMENT SERVICES, LLC BY ________________________________ BY _______________________________ TITLE ______________________________ TITLE ____________________________ DATE ______________________________ DATE _____________________________ 3484.doc Page 7 of 7 Attachment E ATTACHMENT 1 SCOPE OF WORK THE CONTRACTOR WILL AS FOLLOWS: 1. Provide housing administrative services for CDBG housing rehabilitation program. 2. Serve as the representative between homeowners, building contractors and the City for rehabilitation projects. 3. Assist city staff in maintaining housing rehabilitation project files. 4. Conduct preliminary inspections of homes pre-approved by city staff. 5. Prepare all work write-ups. 6. Perform ongoing construction monitoring inspections. City staff may shadow during inspections. 7. Ensure compliance with HUD’s Lead-Based Paint Regulations, and provide or arrange for Lead- Based Paint Inspections, Risk Assessments and Clearance Testing as needed. 8. Verify work completed and provide payment requests to city staff. 9. Perform final inspections and certify completion of work. 10. Provide progress reports to the City of Grand Island as requested. 11. Perform other related work necessary for NAHP housing rehabilitation program completion. 12. Maintain records as required by NDED and/or the City of Grand Island. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-167 WHEREAS, the City of Grand Island invited proposals for Housing Rehabilitation Services Consultant to manage, supervise and coordinate the rehabilitation of no less than 10 homes for the Owner- Occupied Rehabilitation Program, according to plans and Request for Proposals on file with the Community Development Division; and WHEREAS, proposals were due on June 30, 2004; and WHEREAS, Community Development Services, LLC of Plainview, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein at a not to exceed cost of $17,500; and WHEREAS, the proposed Service / Consultant Agreement for Housing Administration with Community Development Services, LLC for such services 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 proposal of Community Development Services, LLC of Plainview, Nebraska, for rehabilitation services management for housing administration at an amount not to exceed $17,500 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 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G21 #2004-168 - Approving Contract for Police/Sheriff Headquarters Facility Needs Study Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Council Agenda Memo From: Kyle L. Hetrick, Chief of Police Meeting: July 13, 2004 Subject: Contract approval for needs assessment study Police/Sheriff facility. Item #’s: G-21 Presenter(s): Kyle L. Hetrick, Chief of Police Background The Police/Sheriff Law Enforcement Facility planning committee consisting of Mayor Vavricek, City Administrator Gary Greer, County Board members, Pamela Lancaster and Jim Erickson, Director of the Nebraska Law Enforcement Training Center, Steve Lamken, Sheriff Jerry Watson, Chief Deputy Chris Rea, Captain Robert Falldorf and Chief Kyle L. Hetrick of the Grand Island Police Department, after publishing an RFP, on July 1, 2004 interviewed two highly capable firms, the DLR Group and Wilson Estes Police Architects. The committee recommended Wilson Estes to move forward with the needs assessment and site analysis for the combined police/sheriffs facility. Discussion Professional references from previous law enforcement projects from Kearney, Hastings, Papillion, and others came back with glowing recommendations for the Wilson Estes firm. Cost analysis showed that Wilson Estes was average to below average with similar architectural firms costs. The scope of services on the needs assessment will include: 1. On-site information gathering; 2. Growth Analysis; 3. Work Station Standards Development; 4. Square Footage Development; 5. Program Development; 6. Conceptual Design floor plates / Building Configuration; 7. Hypothetical Site Configuration; 8. Cost Estimate; 9. Develop site selection criteria; 10. Site evaluation and other services (e.g. Reporting to council and committee.) The city legal department has reviewed the contract and recommends approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract with Wilson Estes Police Architects for the needs assessment and site analysis for the combined Police/Sheriffs law enforcement facility. 2. Disapprove or /Deny the Wilson Estes contract. 3. Modify the Wilson Estes needs assessment contract to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the needs assessment contract with the architectural firm of Wilson Estes. Sample Motion Approve the services contact with the architectural firm of Wilson Estes for the needs assessment / site analysis for the combined Police/Sheriff law enforcement facility. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR NEEDS STUDY FOR NEW POLICE/SHERIFF HEADQUARTERS FACILITY RFP DUE DATE: June 15, 2004 at 5:00 p.m. DEPARTMENT: Police PUBLICATION DATE: May 30, 2004 NO. POTENTIAL BIDDERS: 4 SUMMARY OF PROPOSALS RECEIVED Voorhis Associates, Inc. Wilson Estes Police Architects Lafayette, CO Mission, KS DLR Group Omaha, NE cc: Kyle Hetrick, Police Chief Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P910 Wilson Estes Police Architects 5799 Broadmoor Suite 520 Mission, Kansas 66202 www.policearchitects.com Ph: (913) 384-1115 ? E-mail: james@policearchitects.com ? Fax: (913) 384-2292 July 8, 2004 Kyle Hetrick Chief of Police 131 South Locust Street Grand Island, Nebraska 68801 Dear Chief Hetrick: We are pleased to have been selected to participate with your firm on the Law Enforcement Center Needs Assessment Study. Our fee proposal is based upon our understanding of the goals outlined in the Owner’s RFP for the project as well as our experience in achieving successful results. As I stated in our previous discussions, site selection analysis is included in the fee. We would evaluate up to eight locations for development consideration without an affect on the stated fee. I hope you find our proposal acceptable. We are excited about working with you on this important project. Respectfully submitted, James Estes Exhibit “A” – Scope of Services Grand Island Law Enforcement Center Needs Assessment Wilson Estes Police Architects, PA July 8, 2004 Detailed Scope of Services A description of the sub-tasks listed on the following page is as follows: Task 1: Programming 1.1 On-Site Information Gathering: The Architects will lead meetings with a group representing a cross-section of the departments affected. At a minimum, this group should consist of key public safety managers. Primary goals of these interactive meetings will be to understand specific details about the community and the operations of the departments, evaluate potential growth in the staffing of the departments, and determine and catalog all individual functional elements and their relationship to each other. (Functional elements are comprised of personnel, activities, and accessory support spaces. The list includes each distinct function, which in the design phase will become a room or space). 1.2 Growth Analysis: Estimate facility needs out to 20 years (planning horizon) through the forecasting of department personnel for the planning horizon. Projections shall be developed by applying the City’s anticipated percentage population increase for the period (from city accepted figures) to the current year departmental personnel count. Additional personnel adjustments will be made in response to projected policing trends (if the appropriate data is available). 1.3 Work Station Standards Development: One component factored into the determination of space assigned to a specific functional element (sub-task 1.4) is the use of planning standards. This can come in many forms, but is primarily related to the size of a workstation, seating, locker, or table requirement to perform a task, or multiple tasks within the functional element. It can also be a standard for a room size based on the area required to perform a known set of tasks. We will utilize our database of national averages for public safety departments to tailor planning standards for the project. 1.4 Square Footage Development: Utilizing specific data obtained in the on-site group meetings, and the development of planning standards, we will apply our database of national averages for area required for public safety facilities. 1.5 Program Development: Define specific requirements necessary to the development of the functional elements in the design and construction phases. (Questionnaires may be utilized in this task if the Owner desires). Task 2: Conceptual Design 2.1 Floor Plates / Building Configuration: From a determination of the functional elements in the programming task and the space required for those elements, including circulation space, walls, and all other space that composes the gross square footage of the building; determine the following: Exhibit “A” – Scope of Services The most probable floor level that any specific functional element, or group of functional elements may likely occupy, and the resulting number of floors and area of each floor. The relationship of common groupings of functional elements within the separate floor plates, the circulation connecting the groupings both horizontally and vertically, and key features pertaining to the conceptual layout of a floor plan (such as indications of publicly accessible areas from secure areas). This is not a detailed schematic floor plan. The resulting footprint of the building(s). 2.2 Hypothetical Site Configuration: From a determination potential footprint area requirements above, a determination of parking spaces needed, and other site requirements, provide two site diagrams indicating the building footprint, public and staff parking, access points to the building(s), and the relationship of each of these. Task 3: Cost Estimate 3.1 Cost Estimate: Utilizing our database for facilities built around the country over a lengthy time period, we will apply typical public safety facility construction costs adjusted for the region and a projected bid date. We analyze the accuracy of the database by researching the local construction market through telephone surveys of regional contractors having recent experience in similar facility types. Task 4: Site Selection 4.1 Develop Site Criteria: Having identified sites that meet the minimum requirements for consideration, meet with the Owner to develop criteria essential to supporting the goals of the department. Tour the identified sites assist the Owner through the application of a structured process to rank each site and establish the best site as it responds to department operational goals. 4.2 Document / Evaluate Sites: Document each site through diagrams and photographs. Analyze, through report, as to how well, overall, each site responds to the operational goals and the basic traits desirable in a quality site (such as development cost, ease of procurement, etc.). Other Tasks Develop a written report documenting the study process and conclusions. Submit four copies of the draft report for review and follow-up meetings between the Architect and public safety personnel. Present the final results to City Officials. Exhibit “A” – Fee Detail Grand Island Law Enforcement Center Needs Assessment Wilson Estes Police Architects, PA July 8, 2004 Fee Proposal Detail Task 1: Programming Sub-task Personnel Rate Hours Cost 1.1 On-Site Information Gathering Principals $95 60 $ 5,700 1.2 Growth Analysis Principal $95 16 $ 1,520 Ad. Assist. $50 6 $ 300 1.3 Work Station Standards Development Principal $95 24 $ 2,280 Technical $50 18 $ 900 1.4 Square Footage Development Principal $95 50 $ 4,750 Ad. Assist. $50 40 $ 2,000 1.5 Program Development Principal $95 90 $ 8,550 Technical $50 30 $ 1,500 334 $27,500 Task 2: Conceptual Design Sub-task Personnel Rate Hours Cost 2.1 Floor plates / Building Configuration Principal $95 16 $ 1,520 Proj. Arch. $70 8 $ 560 Technical $50 10 $ 500 2.2 Hypothetical Site Configuration Principal $95 16 $ 1,520 Technical $50 8 $ 400 58 $ 4,500 Task 3: Cost Estimate Sub-task Personnel Rate Hours Cost 3.1 Cost Estimate Principal $95 16 $ 1,520 Ad. Assist. $50 4 $ 200 20 $ 1,720 Task 4: Site Selection 4.1 Develop Site Criteria (on-site) Principal $95 20 $ 1,900 4.2 Document / Evaluate Sites Principal $95 16 $ 1,520 Technical $50 16 $ 800 140 $ 4,220 Other Tasks Format Report Document Principal $95 20 $ 1,900 Ad. Assist. $50 40 $ 2,000 80 $ 3,900 TOTAL $41,840 Approved as to Form ¤ ___________ July 9, 2004 ¤ City Attorney R E S O L U T I O N 2004-168 WHEREAS, the City of Grand Island invited proposals for Needs Study for New Police / Sheriff Headquarters Facility, according to plans and Request for Proposals on file at the Police Department; and WHEREAS, proposals were due on June 15, 2004; and WHEREAS, Wilson Estes Police Architects of Mission, Kansas, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein at a cost of $41,840 plus reimbursable expenses; and WHEREAS, the proposed Professional Services Agreement with Wilson Estes Police Architects for such services 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 proposal of Wilson Estes Police Architects of Mission, Kansas, for a Needs Study for New Police / Sheriff Headquarters Facility at a cost of $41,840 plus reimbursable expenses is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Professional Services Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G22 #2004-169 - Approving Bid Award for Shoemaker Park Playground Equipment Tuesday, July 13, 2004 Council Session 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: July 13, 2004 Subject: Bid Award – Play Structures at Shoemaker Park Item #’s: G-22 Presenter(s): Steve Paustian Background Specifications were advertised and six bids received for furnishing playground equipment for the Shoemaker Park development. Discussion Bids were received ranging from $42,175.00 to $61,439.00. Churchich Recreational Design, of Omaha, NE submitted the low qualified bid of $42,175.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Award the bid as recommended. 2. Award bid to another vendor. 3. Table the item. Recommendation Staff recommends that the City purchase the playground equipment from Churchich Recreational Design in the amount of $42,175.00. Sample Motion Motion to allow for the purchase of playground equipment from Churchich Recreational Design in the amount of $42,175.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 6, 2004 at 11:00 a.m. FOR: Three (3) Play Structures DEPARTMENT: Parks & Recreation ESTIMATE: $70,000.00 FUND/ACCOUNT: 40044450-90121 PUBLICATION DATE: June 26, 2004 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Fry & Associates, Inc. Outdoor Recreation Products North Kansas City, MO Elkhorn, NE Exceptions: None None Play Structure #1: $22,339.00 $22,534.00 Play Structure #2: $20,995.00 $26,208.00 Play Structure #3: $13,675.00 $12,697.00 Total Bid Price: $57,069.00 $61,439.00 Bidder: PRS Associates – GameTime ABCreative, Inc. Fremont, NE Omaha, NE Exceptions: Noted Noted Play Structure #1: $19,572.59 $17,790.00 Play Structure #2: $19,047.37 $15,806.00 Play Structure #3: $14,268.96 $13,856.00 Total Bid Price: $50,167.64 $47,452.00 Bidder: Churchich Recreational Design, Inc. Omaha, NE Exceptions: Noted Alternate Bid: Play Structure #1: $19,895.00 $15,895.00 Play Structure #2: $20,580.00 $17,580.00 Play Structure #3: $ 8,700.00 $ 8,700.00 Total Bid Price: $49,175.00 $42,175.00 cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Parks & Recreation Secretary Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P916 Approved as to Form ¤ ___________ July 9, 2004 ¤ City Attorney R E S O L U T I O N 2004-169 WHEREAS, the City of Grand Island invited sealed bids for Three (3) Play Structures, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on July 6, 2004, bids were received, opened and reviewed; and WHEREAS, Churchich Recreational Design, Inc. of Omaha, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $42,175.00; and WHEREAS, Churchich Recreational Design, Inc.'s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Churchich Recreational Design, Inc. of Omaha, Nebraska, in the amount of $42,175.00 for three (3) play structures is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item H1 Request of Park and Recreation Department to Spend Approved Trail Funding Tuesday, July 13, 2004 Council Session 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: July 13, 2004 Subject: Authorization to Spend Hike/Bike Trail Funds Item #’s: H-1 Presenter(s): Steve Paustian, Park and Recreation Director Background The 2003-2004 budget allows for the expenditure of $500,000.00 with the understanding that this amount was to be reimbursed through grant funds at 80% or $400,000.00. The grant was not received this year, so the $400,000.00 projected as grant revenue will not be received as well. Discussion Staff would like to move forward with trail development and use the $100,000.00 allocated in this year’s budget to jump start the trail extension toward Hall County Park from its current terminus at Central Community College. As additional funding becomes available the trail system will continue to be extended. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve moving forward with the trail extension and expenditure of $100,000 2. Deny the trail extension and expenditure of $100,000 3. Modify the request to meet the needs of the Council 4. Table this issue Recommendation Staff recommends the expenditure of the $100,000.00 to continue the development of the trail system for the citizens of Grand Island. Sample Motion Motion authorizing staff to continue the development of the trail toward Hall County Park at a dollar amount not to exceed $100,000.00 this fiscal year. Item I1 #2004-170 - Approving Economic Development Incentive Agreement with Standard Iron Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: July 13, 2004 Subject: Authorizing the City to Enter Into an Incentive Agreement for Inducement Grants and Benefits to Standard Iron and Wire Works, Inc. Item #’s: I-1 Presenter(s): Douglas R. Walker, City Attorney Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives. Standard Iron and Wireworks, Inc. has applied for a forgivable loan from the Grand Island Area Economic Development Corporation pursuant to the Economic Development Plan. This application has been reviewed and approved by the executive committee of the Economic Development Corporation and by the Citizens Advisory Review Committee. The Standard Iron application is now being forwarded to the City Council for its approval pursuant to the city’s economic development plan. Discussion The Economic Development Corporation has taken the application of Standard Iron and Wireworks, Inc., for a $200,000 forgivable loan as an incentive to assist with the location of a Standard Iron Plant in the City of Grand Island. An incentive agreement for inducement grants and benefits has been prepared by the Economic Development Corporation which sets forth the terms under which Standard Iron would receive these benefits. Standard Iron would receive a $200,000 forgivable loan which would not have to be repaid if Standard Iron meets all of the employment targets during the five year period for which the agreement would be in effect. The Incentive Agreement spells out in detail how the employment targets would be calculated and what amount of funds would be paid back if these targets are not met. The application of Standard Iron and Wireworks meets all of the criteria for extending economic incentives and the Economic Development Corporation’s executive board as well as the Citizens Advisory Review Committee have both unanimously recommended approval of the incentive agreement by the Grand Island City Council. For the above mentioned reasons, city administration is seeking City Council approval of the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with Standard Iron and Wireworks, Inc. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits. 2. Disapprove or /Deny the agreement for inducement grants and benefits. 3. Modify the agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with Standard Iron and Wireworks, Inc. Sample Motion Approve the resolution authorizing the city to enter into the incentive agreement for inducement grants and benefits with Standard Iron and Wireworks, Inc. Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-170 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, Standard Iron and Wireworks, Inc. has applied for a forgivable loan in the amount of $200,000 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 June 21, 2004 by the Citizens Advisory Review Committee; and WHEREAS, Standard Iron and Wireworks, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Incentive Agreement for Inducement Grants and Benefits 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 Standard Iron and Wireworks, 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 Incentive Agreement for Inducement Grants and Benefits by and between the City and the Grand Island Area Economic Development Corporation to provide $200,000 in economic assistance through a forgiveness loan to Standard Iron, Inc., a Nebraska corporation, to be used for relocating Standard Iron, Inc. to Grand Island, Nebraska, 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 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item I2 #2004-171 - Approving Authorization for the City to Purchase Property from Rudy Plate Located East of Sycamore Street and North of First Street Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: July 13, 2004 Subject: Purchase of Real Estate from Rudolf Plate located East of Sycamore Street and North of First Street, which is the South Half of Block 77 Original Town of Grand Island, Hall County, Nebraska Item #’s: I-2 Presenter(s): Douglas R. Walker, City Attorney Background At the May 25, 2004, meeting of the Grand Island City Council, a public hearing was conducted on the purchase of the real estate owned by Rudolf Plate in the South Half of Block 77, Original Town of Grand Island, Nebraska. Since the public hearing occurred, the city has received an appraisal of Mr. Plate’s real estate which valued the property at $363,000 and negotiated a purchase agreement for the acquisition of this property for the amount of $370,000. Before the city can proceed with the purchase of the property, the Council will need to pass a resolution authorizing the Mayor to sign the purchase agreement on behalf of the city. Discussion The city is interested in purchasing this real estate for use either as additional parking for City Hall or possibly as a future municipal building due to its proximity across the street east from City Hall. The purchase of this property will also improve a block of real estate in downtown Grand Island near City Hall which has been designated as having blighted and substandard conditions. For the above mentioned reasons, city administration is seeking City Council approval of the resolution authorizing the city to execute a purchase agreement for the acquisition of this real estate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to execute a purchase agreement for the acquisition of this real estate. 2. Disapprove or /Deny the resolution which would prevent the city from entering into a purchase agreement for the purchase of the real estate. 3. Modify the resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the city to execute a purchase agreement for the acquisition of this real estate. Sample Motion Approve the resolution authorizing the acquisition of the real estate in the South Half of Block 77, Original Town of Grand Island, Nebraska. AGREEMENT FOR WARRANTY DEED THIS AGREEMENT made and entered into this ______ day of July, 2004, by and between the CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, hereinafter referred to as “City”, and PLATE ENTERPRISES, L.L.C., hereinafter referred to as “Seller”. 1. STATEMENT OF PURPOSE. This Agreement for Warranty Deed (Agreement) is made for the purpose of setting forth the terms and conditions under which the City will buy and the Seller will sell the real estate described below in accordance with the parties’ respective terms and conditions set herein. 2. REAL ESTATE TO BE CONVEYED. The tract of real estate to be conveyed by the Seller to the City pursuant to this Agreement is described as follows: Lots Five (5), Six (6), Seven (7) and Eight (8), Block Seventy-Seven (77), Original Town, now City of Grand Island, Hall County, Nebraska. In consideration of the following payments by the City to the Seller, the Seller agrees to sell and convey to the City by warranty deed, free and clear of all liens and encumbrances except covenants, easements and restrictions of record, the above described tracts. Closing shall occur at the earliest convenience of the parties following compliance with the conditions precedent set forth in this Agreement. 3. CONSIDERATION TO BE PAID. The consideration for the real estate described above to be paid by the City to the Seller is as follows: Fifty Thousand Dollars ($50,000.00) shall be paid by the Buyer to the Seller upon approval and execution of this Agreement by all parties. Three Hundred Twenty Thousand Dollars ($320,000.00) shall be paid upon closing. 4. TITLE INSURANCE. As soon as practical after execution of this Agreement by all parties, but prior to closing, the City may at its own cost obtain a current commitment (commitment) for an owner’s policy of title insurance for the above described tracts, in favor of the City. After receipt of the commitment, the City shall have a period of thirty (30) days thereafter to examine the commitment to ascertain whether or not there is any defect or condition which renders any of the conditions precedent in this Agreement unsatisfied. In such event, the City shall during the examination period, provide written notice to the Seller specifying the 2 relevant defect or condition (defect notice) and thereafter the Seller shall have a reasonable period of time, not to exceed ninety (90) days within which to cure such defect or condition and provide written notice of such cure (cure notice) to the City, or at the Seller’s option, to provide the City written notice of the Seller’s election to cancel this Agreement. If the City provides the Seller a defect notice in the manner and within the time specified herein, and the Seller fails to cure such defect or condition and provide the City with a cure notice, the City, at its sole discretion, may terminate this Agreement or file an action in the Hall County District Court to require specific performance of this Agreement by the Seller. 5. ENTRY PRIOR TO POSSESSION. Prior to the delivery of possession of the above described land, the City and/or its representatives shall have the right to enter upon this real estate after making an appointment with the Seller, for the purpose of making borings, surveys, studies or other tests which may assist the City in determining the suitability of this land for use as a location for development of public parking facilities and/or construction of a governmental building. The City shall indemnify and hold the Seller harmless from any injuries, liabilities or damages caused by the City’s entry upon the land and shall restore the land to its original state prior to any such entry in the event closing does not occur. This undertaking of indemnity shall survive the closing and/or termination of this Agreement. 6. SURVEY. Prior to closing on this real estate, the City may at its own cost obtain a physical survey of the above described land. In the event the results of the survey disclose a defect or condition which renders any of the conditions precedent specified herein unsatisfied, the City shall provide written defect notice to the Seller and the Seller shall have a reasonable period of time, not to exceed ninety (90) days within which to cure such defect or condition and provide written cure notice to the City or, at the Seller’s option, to provide the City written notice of the Seller’s election to cancel this Agreement. 7. CLOSING AND POSSESSION. Closing shall occur on or about January 3, 2005, after approval and execution of this Agreement by all parties and completion of all conditions precedent. Prior to closing, Seller shall give notice to all tenants on this property that their lease will not be renewed and that the tenants will be required to vacate the premises before the date of closing so that the City will have full and complete possession of this real estate upon closing. 3 8. CONDITIONS PRECEDENT. The City’s obligation to purchase this real estate and pay the purchase price for the respective tracts are subject to the following conditions precedent having been fully satisfied or waived, in writing, by the City: a. The Seller shall have, and be able to convey to the City at closing, marketable fee simple title to the real estate by warranty deed, free and clear of all liens, claims and encumbrances. b. There shall be no pending proceedings or actions of any kind whatsoever, or judgments or claims or any nature whatsoever, pending against the Seller with respect to the above described real estate. c. The above referenced survey of the above described real estate shall disclose that to the respective tracts which would interfere with the development or use of any of the tracts by the City as public parking facilities or a location of a governmental building; that there are no material encroachments or projections on the property structures, facilities or improvements on adjoining property other than those of the Buyer located near the northwest corner of Lot 5. d. There shall be no uncured violations of any state, federal, local laws, ordinances or regulations with respect to the above described real estate. e. The borings, studies, inspections or other tests made by the City and/or its representatives pursuant to this Agreement shall not discover the presence of, release from or storage on the above described tracts of pollutants, contaminants other hazardous substances and shall not discover that soil, drainage or subsurface conditions render the property not suitable for use of any one or more of the tracts for public parking facilities or governmental buildings. f. The above described tracts shall be free and clear of all leases, licenses, tenancies, and other occupancies and all adverse claims however they may be derived or claimed. g. The above described tracts shall be in substantially the same physical condition as they are on the date of execution of this Agreement by all parties. h. There shall be no unpaid bills, charges, costs or expenses of any kind which create or permit the filing of a statutory lien of any kind against any of the above described real estate. 4 The City shall have a period of 30 days from the date of receipt of the commitment for an owner’s policy of title insurance during which to determine that the foregoing conditions precedent have been met, to the reasonable satisfaction of the City and to deliver written notice to the Seller specifying, in reasonable detail, all conditions precedent (condition notice) which have not been met. Upon receipt of such condition notice, the Seller, may at their option, elect to cancel this Agreement by written notice to the City in which event this Agreement shall be automatically canceled, or elect to undertake such action as is necessary to satisfy the conditions precedent identified in the condition notice. If the Seller elects to undertake such action as is necessary to satisfy the conditions precedent identified in a condition notice, the Seller shall have a reasonable period of time, not to exceed ninety (90) days, within which to complete such action as is necessary to meet all unsatisfied conditions precedent identified in said condition notice. If the Seller fails to satisfy such conditions precedent, the City may elect to terminate this Agreement or waive such unsatisfied condition precedent. Upon expiration of the 30 day due diligence period set forth above, unless the City has provided a condition notice to the Seller in the manner and within the time specified herein, the City shall be deemed to have waived any right to terminate this Agreement because of the non-satisfaction of any of the foregoing conditions precedent and, subject to the Seller’s performance of their obligations under this Agreement, the City shall be obligated to consummate the purchase transactions described above. 9. ENVIRONMENTAL WARRANTIES. The Seller hereby represents and warranties that during its period of ownership, the Seller, its agents and employees, have complied with all federal, state and municipal environmental laws, regulations and ordinances as they relate to the above described tracts, and that the Seller has no actual notice or knowledge of any prior violations of environmental laws effecting the tracts. 10. TAXES. The Seller shall pay all real estate taxes for 2004 and all prior years which are levied on the above described real estate prior to the date of closing. 11. CLOSING EXPENSES. The City shall pay all closing costs in connection with the above described tracts. 12. SECTION 1031 EXCHANGE. The parties understand and acknowledge that the Seller intends to treat the sale of this real estate as a “like-kind” exchange pursuant to Internal Revenue Code Section 1031. Accordingly, the parties agree to cooperate further, and facilitate 5 the Seller’s Section 1031 exchange in a manner which conforms to the rules and regulations of the Internal Revenue Service and Section 1031 of the Internal Revenue Code. 13. SELLER’S RIGHTS TO RENTS AND FIXTURES. The Seller shall receive and retain all rentals accrued prior to the date of possession as set forth above in paragraph 7. Further, the Seller shall have the right to remove any personal property and fixtures located in the structures prior to the date of possession, including, but not limited to, heating and air conditioning equipment and systems, plumbing fixtures and equipment, electrical fixtures and equipment, and other similar items. 14. NOTICES. All notices envisioned under the terms and conditions of this Agreement may be sent to the other party by first class mail, postage prepaid and addressed as follows or delivered in hand to said same addresses: City of Grand Island Plate Enterprises, L.L.C. Attention: Mayor c/o Rudolf F. Plate 100 East First Street 2209 East Stolley Park Road P.O. Box 1968 Grand Island, NE 68801 Grand Island, NE 68802-1968 15. CHOICE OF LAWS. This Agreement shall be construed in accordance with the laws of the State of Nebraska and the United States of America. 16. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the City and Seller, notwithstanding any written or oral agreements to the contrary. This Agreement may be amended only in writing, duly reviewed, approved and executed by the respective parties. 17. BINDING EFFECT. All covenants and conditions herein contained shall extend to and be obligatory upon the successors, assigns, heirs and legal representatives of the parties hereto. ATTEST: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:_________________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor 6 STATE OF NEBRASKA ) ) ss: COUNTY OF HALL ) Before me, a notary public qualified in said county, personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing document and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution _______________. Witness my hand and notarial seal, this ______ day of July, 20_____. __________________________________________________ Notary Public PLATE ENTERPRISES, L.L.C., By:_________________________________________ Rudolf F. Plate, Manager STATE OF NEBRASKA ) ) ss: COUNTY OF HALL ) Before me, a notary public in and for said county and state, personally appeared Rudolf F. Plate, Manager of Plate Enterprises, L.L.C., to me known to be the identical person who executed the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. Witness my hand and notarial seal this ______ day of July, 20_____. _________________________________________________ Notary Public Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-171 WHEREAS, on May 25, 2004, the City of Grand Island held a public hearing and approved the purchase of Lots Five (5), Six (6), Seven (7), and Eight (8), Block Seventy Seven (77), Original Town, now City of Grand Island, Hall County, Nebraska, from Rudolf F. Plate and Jeannice R. Plate, husband and wife; and WHEREAS, such property is located along First Street between Sycamore and Kimball Avenue; and WHEREAS, the parties have negotiated a purchase price for the property of $370,000, with $50,000 to be paid by the City upon the approval and execution of an Agreement for Warranty Deed, and the remaining $320,000 to be paid by the City at closing; and WHEREAS, the appraised value of the property is $363,000; and WHEREAS, the agreement is contingent upon the City of Grand Island approving and adopting a fiscal year 2004-2005 budget with sufficient and appropriate appropriations to perform the City's duties and responsibilities under the Agreement for Warranty Deed; and WHEREAS, the City would take possession of the property on or about January 3, 2005; and WHEREAS, an Agreement for Warranty Deed has been prepared by the City Attorney and Plate Enterprises, L.L.C. setting out the terms and conditions for the conveyance of such property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The acquisition of the above-described property at the purchase price of $370,000 is hereby approved, with $50,000 to be paid by the City upon approval and execution of the Agreement for Warranty Deed, and the balance of $320,000 to be paid by the City at the closing. 2. The Agreement for Warranty Deed between the City and Plate Enterprises, L.L.C., is hereby approved; the City agrees to appropriate sufficient funds to complete the purchase, and 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 13, 2004. - 2 - _______________________________________ RaNae Edwards, City Clerk Item I3 #2004-172 - Approving Memorandum of Understanding and Lease Agreement with Walnut Redevelopment and Walnut Housing LLC Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: July 13, 2004 Subject: Memorandum of Understanding and Lease Agreement for the Redevelopment of Former Walnut Junior High School Property Item #’s: I-3 Presenter(s): Douglas R. Walker, City Attorney Background The City of Grand Island has been involved in negotiating a Memorandum of Understanding and a Lease Agreement wherein the City of Grand Island will lease approximately 1,000 square feet of space in the former Walnut Junior High School building that is being redeveloped by Walnut Redevelopment and Walnut Housing LLC. As part of the process of redeveloping this property, it is crucial to the developer to have tenants on the premises which will provide outreach services to the community and especially to people of various ethnic backgrounds throughout the community. The Memorandum of Understanding provides for the various local charitable and civic organizations to use the space being leased by the city for services to people of multicultural and various ethnic backgrounds. The lease agreement is the document that formally sets forth the term of the lease and requires the City of Grand Island to lease this property for a five year period to provide space for these various organizations to provide outreach services to the community. Discussion The city is interested in leasing the above referenced space in the former Walnut Junior High School Building because it will enable the developer to obtain the necessary tax credits to complete the development of the project. This project is essential to the redevelopment of the neighborhood surrounding it which has many residents who are from a variety of ethnic and cultural backgrounds. By leasing this space, the city will also enable various civic organizations and charitable organizations as well as the Grand Island Public Schools to provide services to the multicultural and ethnic minority communities at a location which is convenient for them to use. The city has also been actively involved in seeking grants and other financial assistance for this project and for the organizations involved and the city has been successful in obtaining a grant to cover the majority of the lease expense for the first year of the rental agreement which would last for five years. City staff believes that the city will have a good chance of receiving further grants throughout the term of the lease for the space in the former Walnut Junior High School building. For the above referenced reasons, city administration is seeking City Council approval of the resolution authorizing the city to lease space in the former Walnut Junior High School building and for approval of the Memorandum of Understanding between the city and the various organizations which will be using the space leased by the city. Alternatives After the public hearing it appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to enter into a lease for space in the former Walnut Junior High School building and authorizing the city to execute the MOU setting forth the understanding between the city and the various charitable organizations. 2. Disapprove or /Deny the resolution and the MOU regarding the space in the former Walnut Junior High School. 3. Modify the resolution and the MOU to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the city to enter into a lease for acquiring space in the former Walnut Junior High School building and also to sign the Memorandum of Understanding between the city and the various local organizations that will be using this space. Sample Motion Approve the resolution authorizing the city to enter into a lease agreement for space in the former Walnut Junior High School building and to enter into an MOU with the organizations that will use the space. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is approved and executed on this ____ day of _______________, 2004, by WALNUT REDEVELOPMENT, LLC/WALNUT HOUSING LTD. (Walnut), THE CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation (City), THE GRAND ISLAND MULTICULTURAL COALITION (Coalition), THE HOUSING DEVELOPMENT CORPORATION (Development Corporation) and THE GRAND ISLAND PUBLIC SCHOOLS (Schools). 1. Project Description. The purpose of this Memorandum of Understanding is to state the general terms, conditions and commitments of the respective parties to support the development of the former Walnut Junior High School Building located at 504 North Elm Street, Grand Island, Nebraska. This document will outline the understanding between the various parties to this agreement to promote the redevelopment of this property into low income housing, office space for various governmental, charitable and other human service organizations to provide referral or direct services to the community and for an auditorium to house a theater for Hispanic and a variety of other cultural events. 2. Recitals. WHEREAS, Walnut Redevelopment LLC is the owner of property with a street address of 504 North Elm Street in the City of Grand Island, Nebraska, which is a former school building that is in need of renovation; and, WHEREAS, Walnut Redevelopment LLC has proposed to redevelop said school building into affordable housing, offices for providing governmental and charitable services to the community and for providing an Hispanic theater and cultural center to serve the community; and, WHEREAS, the City of Grand Island is a Nebraska Municipal Corporation which is interested in supporting and promoting the redevelopment of the former Walnut Junior High School building and is interested in renting and using space in the building to provide some city and other governmental 2 services and providing office space for the Grand Island Multicultural Coalition and other such charitable and human service organizations for the benefit of the neighborhood and the community; and, WHEREAS, the Grand Island Multicultural Coalition is interested in obtaining and utilizing space in the redeveloped Walnut Junior High School Building to provide referral and/or direct services to the Hispanic community and other individuals of various ethnic backgrounds; and, WHEREAS, the Housing Development Corporation, a 501(c)(3) charitable corporation, proposes to obtain and utilize space in this redeveloped building to offer affordable hous ing services to the neighborhood residents surrounding this redevelopment project and to the Grand Island Community; and, WHEREAS, the Grand Island Public School System proposes to obtain and utilize space in the redevelopment project to offer services to the neighborhood residents and the surrounding community to support education; and, WHEREAS, this Memorandum of Understanding is necessary to facilitate and enable the developer of this property, Walnut Redevelopment LLC and Walnut Housing Ltd., to obtain the necessary grants and financing to complete the redevelopment project, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Walnut Redevelopment, LLC/Walnut Housing Ltd. hereby agrees to redevelop the building formerly known as Walnut Junior High School at 504 North Elm Street, Grand Island, Nebraska, so that it provides affordable housing, office space for the delivery of governmental, charitable and human services to the community and provides an Hispanic cultural center, as well as a center for activities for people of various ethnic backgrounds, including a theater for commercial use open to the public and available to the community at reasonable rates. 2. The City will lease space in the building for the use of local government, the Multicultural Coalition and a variety of human service providers, to enhance the delivery of services to the Multicultural community in the city of Grand Island. Such space may be used on a shared basis for the implementation of services under this memorandum of understanding, commencing no later than 3 December 31, 2004, for a period of five (5) years, ceasing no sooner than December 31, 2009, unless an extension has been mutually agreed upon and approved by the Mayor and City Council. 3. The City may deliver services appropriate to those provided by City government, which may include but are not limited to community policing, community-based outreach programs, community development or other programs as appropriate. 4. Walnut, the City, the Multicultural Coalition, the Housing Development Corporation and the Grand Island Public School System hereby agree to work together to implement and develop a plan for delivery of governmental, educational and human services to the Grand Island community through the City office location in the former Walnut Junior High School building or theater. 5. The Coalition will use a portion of the City provided space in the former Walnut Junior High School building for the delivery of charitable services to ethnic minorities in the neighborhood surrounding the redevelopment project and the community. 6. The Housing Development Corporation will seek office space in the City provided space to deliver programming specific to their organization. This programming may include first time home owner education, tenant’s rights education, information regarding rehabilitation of properties in the neighborhood, relocation services to residents to homes that will enhance quality of life, and/or other appropriate services. 7. The Grand Island Public School System will utilize the City provided space or theater in the building to deliver support services from or provide referral services to Grand Island Public Schools for children and families. Support services may include school to parent outreach programs, immunizations, health and administrative services pertinent to attendance and/or other appropriate educational services. 8. Walnut Redevelopment LLC/Walnut Housing Ltd. will make space available to the City for the services hereby required and make the auditorium/theater available for Hispanic cultural programs and a Latin theater. Nothing herein prohibits Walnut from charging reasonable rates for the space 4 provided. The terms of the agreement for occupancy of the Walnut building by the City will be set forth in a separate lease. In the event that Walnut and the City do not successfully negotiate the provisions of the lease, this MOU shall be null and void and shall not create any legally binding obligations on the parties hereto. 9. This document shall be binding upon the successors and assigns of the parties hereto. 10. From time to time the undersigned may jointly desire to amend the terms of this Memorandum of Understanding for any future agreement. Such consent shall not be unreasonably withheld but must be acknowledged in writing by all original parties to this Memorandum of Understanding before going into effect. 11. This agreement may be terminated by Walnut, with the agreement of the City and the other parties named in this document, if the purpose of the agreement is frustrated such that the performance of the agreement hinders or impedes the development of the building. Any party may withdraw from the agreement at the end of five (5) years from completion of construction, which shall be no later than December 31, 2009. DATED this _____ day of ____________________, 2004. WALNUT REDEVELOPMENT, LLC, By:____________________________________ , Manager WALNUT HOUSING, LTD., By:____________________________________ Fred Hoppe, General Partner 5 CITY OF GRAND ISLAND, NEBRASKA, ATTEST: a Municipal Corporation, ___________________________________ By: ____________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor GRAND ISLAND MULTICULTURAL COALITION By:______________________________________ Steve Joel, President HOUSING DEVELOPMENT CORPORATION CORPORATION, A 501(c)(3) Charitable Corp., By:_____________________________________ Linda Addison, Executive Director GRAND ISLAND PUBLIC SCHOOLS, By:______________________________________ Lynn Cronk, President Grand Island Board of Education (6-23-04) COMMERCIAL LEASE This lease is entered into by and between: Landlord: Walnut Housing, Ltd. Walnut Redevelopment, LLC, General Partner Landlord Address: P.O. Box 6036, Lincoln, Nebraska 68506 Landlord Taxpayer ID No.: Tenant : City of Grand Island, Nebraska A Municipal Corporation Signing Deadline: Start of Term: October 1, 2004, or completion of construction, certificate of occupancy End of Term: December 31, 2009 Renewal of Term: Five Years Amount, Frequency and $700 monthly, due in advance on the Due dates for Base Rent first of each month Payment____________: Security Deposit: n/a Property Description: Unit B, Old Walnut, a Condominium, Grand Island, Nebraska 1. OFFER: Until this lease is signed on behalf of all parties to it, it shall be construed as an offer of the signing party to the other party. Time being of the essence, this lease must be executed by all parties before the signing deadline described above to be effective. 2. PROPERTY DEFINITION: Whenever it is used in this lease, the term “the property” shall refer to the property described above including all improvements on or to it. 3. RENT: The Tenant shall pay to the Landlord the base rent for the property as listed above for the term of this lease. 4. RENTAL PAYMENT DATE: Rent for each month shall be due and payable monthly in advance on the first day of the rental month at the office of the Landlord as stated in this lease or at such other place as the Landlord shall direct. 5. SECURITY DEPOSIT: N/A 6. UTILITIES : The property shall be separately metered for electrical and gas service and the Tenant shall pay for these utility services to the premises. Landlord shall provide water, sewer and trash removal (at locations determined by Landlord). 7. REPAIRS AND MAINTENANCE: Tenant shall keep the premises in good order and repair, reasonable wear and tear excepted. Landlord shall maintain the premises. Tenant shall be responsible for those repairs caused by the actions or omissions of Tenant or its invitees. 2 8. GENERAL MAINTENANCE: Tenant shall keep the premises in a clean, neat and orderly condition at its own cost and expense. 9. POSSESSION: Except as provided in this lease, the Landlord shall deliver possession of the premises on or before the commencement date of this lease, subject to unavoidable delays beyond the Landlord’s control. Delivery of possession prior to commencement date shall not affect the expiration date of this lease. If the premises shall not be available to the Tenant for occupancy on the first day of the term, the Landlord shall not be liable to the Tenant for damages, but a pro-rata part of the rent shall be abated until the premises are ready for occupancy. The taking of possession of the premises by the Tenant shall be conclusive evidence that the premises are in the agreed-upon condition at the commencement of the lease term. 10. USE AND UNLAWFUL USE: The Tenant shall use the premises as offices and only as offices. Tenant shall use the property for the dispersal of services for the tenants of Old Walnut and the general public which the Tenant agrees to provide. Such services may include but not be limited to first time home buyer training and first time home buyer opportunity programs, rental housing inspection and tenant’s rights assistance, code compliance office, community health and dental intake, provided, however, Tenant may change services provided from the premises so long as such services reasonably respond to the needs of the lower income or multi-culturally diverse populations of Grand Island. The Tenant agrees not to commit or permit any act to be performed on the property or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body. 11. OTHER OCCUPANTS : The Tenant shall not disturb other occupants of the building by making any undue noise or otherwise and shall not do or permit to be done in or about the premises anything which will be dangerous to life or limb. 12. LANDLORD’S ACCESS: The Landlord, its employees, and its agents shall have access to the property at reasonable times for the purpose of inspection, cleaning, repairing, altering, or improving the premises or to exhibit the premises to prospective tenants, purcha sers or others. Landlord shall give Tenant notice at least twenty four (24) hours in advance before coming into the property other than for regularly scheduled maintenance. Nothing in this paragraph shall be interpreted as requiring the Landlord to perform any such acts independent of the requirements of the other provisions of this lease. The Landlord shall also be permitted to post notice of non-responsibility for alterations, additions and repairs. 13. LANDLORD POST SIGNS: During the last 90 days of the lease, the Landlord may post signs on the walls, windows or doors advertising that the property is for rent or for sale. The Tenant shall not take any action to prevent or interfere with the placement of the signs. The Tenant shall not remove, deface or damage any such signs. 14. IMPROVEMENTS, ALTERATIONS, AND REMODELING BY TENANT. Any improvements, alterations and remodeling during the term, shall be made only with the written consent of the Landlord. 15. WARRANTIES OF TITLE AND QUIET POSSESSION. The Landlord warrants that the Landlord has full right to make this lease subject to the terms of this lease, and the 3 Tenant shall have quiet and peaceable possession of the premises during the term of this lease as against the acts of all parties claiming title to, or a right to the possession of, the property. 16. RESTORE PREMISES. In the event Tenant defaults or terminates this agreement, Tenant agrees to restore the premises to substantially its present condition. 17. ASSIGNMENT AND SUBLETTING. Tenant may nor assign or transfer this lease or any interest in this lease or any portion of this lease without the prior written consent of Landlord in each instance. This provision shall apply to any assignment, transfer or sublease, whether by voluntary act, operation of law, or otherwise. Consent by the Landlord to one assignment or transfer of this lease or the property shall not be a waiver to Landlord’s rights under this lease as to any subsequent assignment or transfer. Landlord shall not unreasonably withhold consent to assign. No assignment, transfer or sublease shall release Tenant of its obligations under this lease. Tenant may sublet the property provided, however, no sublease shall be to a tenant that are disqualified leases within the meaning of Internal Revenue Code §168(h)(1)(B)(ii). 18. COLLECTION OF RENT FROM ASSIGNEES AND SUBTENANTS. Landlord shall collect any rents for this property directly from any assignee or may collect any rents due from a subtenant and apply the amount to the rent due under this lease. No such collection shall be a waiver of the provisions of this lease. 19. LANDLORD MAY ASSIGN. Landlord’s rights to assign this lease are and shall remain unqualified. No assignment by Landlord shall release Landlord of any of its obligations under this lease for any time prior to the date of the assignment but shall release Landlord of all obligations occurring after such assignment upon assumption by new owner who shall then be obligated as Landlord hereunder. It is understood that the property shall be turned into a condominium. Landlord shall transfer its interest to a new entity to facilitate the sale of tax credits associated with the construction of the building and operation as a low income tax credit project. 20. HAZARDOUS SUBSTANCE. Tenant will not use, store, keep or permit any hazardous, toxic, explosive or flammable substances on the property without the express written consent of Landlord. Nothing in this agreement shall be interpreted as creating a partnership, joint venture or relationship of principal and agent between the parties. 21. EMINENT DOMAIN. If the premises are taken by any public authority under the power of eminent domain or sold to any public authority pursuant to threat of eminent domain, then division of damages shall be made as follows: a. The Landlord shall receive the full appraised value of the building (valued at the greater of the value with this lease or the value without this lease). b. The Landlord shall receive any other damages or other awards based upon considerations other than value of the building which were awarded to the Landlord. 4 c. The Tenant shall receive any excess amount of any damages over the Landlord’s full appraised value determined in this lease, which are awarded to the extent of the damages which Tenant has suffered for the loss of the remainder of its lease provided however Landlord shall receive all damages attributable to the Common Areas. d. The Landlord shall receive any excess damages based upon the value of the building. e. The Tenant shall receive any other damages or other awards based upon considerations other than value of the building which were awarded to the Tenant. f. The allocation of damages shall be mutually agreed upon by the governmental authorities exercising the power of eminent domain, by the Landlord and by the Tenant. In the event that there is not an agreement on allocation as provided in this paragraph, the parties may agree to an award of damages for the value of the building and the lease. 22. FIRE AND OTHER CASUALTY. If fire or other casualty shall render the premises untenantable, this lease shall terminate immediately and any prepayments of rent shall be refunded pro-rata by the Landlord; provided, however, that if the premises can be repaired within ninety (90) days from the date of such event, then at the Landlord’s option, by notice in writing to the Tenant, mailed within thirty (30) days after such damage or destruction, this lease shall remain in full effect, but the rent for the period during which the premises are untenantable shall be abated pro-rata. 23. LIABILITY INSURANCE: The Tenant shall provide, at Tenant’s expense, general liability coverage and any liability coverage which Landlord may require as a result of the particular use of the property. All insurers must be approved by and be satisfactory to Landlord. The liability limit shall be $1,000,000 per incident $2,000,000 aggregate. 24. HAZARD INSURANCE REQUIRED: Tenant, at its expense, may maintain insurance with respect to the improvements and personal property owned by it and located on the premises. Landlord, as part of Condominium Assessments, shall insure premises for fire and casualty and liability, however, Landlord’s property and casualty insurance will not cover the Tenant’s personal property located on the premises. 25. TERMS OF INSURANCE: Insurance policies maintained pursuant to this lease for property casualty or liability coverage, on which Landlord and Tenant both have an insurable interest, shall name Tenant and Landlord as insureds, as their respective interests may appear. All insurance policies in which both parties have an insurable interest maintained pursuant to this lease shall provide that there shall be no cancellation, non-renewal, termination for any reason, or modification without at least fifteen (15) days prior written notification to Landlord and Tenant. All policies of insurance required by this lease shall be delivered to and retained by Landlord and a copy of such policy shall be given to Tenant. 26. FAILURE TO RENEW OR HAVE INSURANCE COVERAGE: If any policy maintained pursuant to this lease in which landlord has an insurable interest is not renewed on or 5 before fifteen (15) days prior to its expiration date or if no insurance policy is in force at any time, the Landlord may procure such insurance, pay the premiums therefore and give Tenant notice of which shall be due and payable fourteen (14) days after notice is sent. If Tenant does not pay its share of the premium within fourteen (14) days after the notice is sent, then Landlord may charge interest at the rate set forth elsewhere in this agreement. 27. PROOF OF LOSS UPON DAMAGE TO PROPERTY: If any loss occurs which may be covered by insurance, Tenant will immediately notify Landlord of the loss and shall make the proof of loss within the earlier of seven (7) days or the time required under the insurance policy. If Tenant fails to make the proof of loss, the Landlord may make the proof of loss. 28. SETTLEMENT WITH INSURANCE CARRIER: If the hazard insurance carrier refuses to pay a claim or offers to settle for less than the full cost of repairs or on claims where Landlord and Tenant each have an insurable interest, the Tenant shall advise the Landlord. Tenant shall not make a settlement for less than the full cost of repair or replacement without the written consent of Landlord. 29. COLLECTION OF AN AMOUNT LESS THAN THE MONTHLY RENT: Payment by Tenant or receipt by Landlord of an amount less than the monthly rent under this lease shall be deemed to be a partial payment of the rent. No endorsement on any check shall be deemed an accord and satisfaction. Landlord may accept such payment without prejudice to Landlord’s right to collect the balance of the rent. 30. SURRENDER: On the last day of the term of this lease or on the earlier termination of this lease, the Tenant shall peaceably surrender the premises in good condition and repair, reasonable wear and tear excepted, consistent with the Tenant’s duty to make repairs as provided in this lease. The Tenant shall at its expense remove all of its equipment from the premises, and any property not removed shall be deemed abandoned. All alterations, additions, and fixtures, other than the Tenant’s equipment and trade fixtures, which have been made or installed by either the Landlord or the Tenant on the premises shall remain as the Landlord’s property and shall be surrendered with the premises as a part of the premises. Trade fixtures shall not include any structural components of any buildings. 31. FAILURE TO SURRENDER: If the premises are not surrendered at the end of the lease or on the earlier termination of the lease, the Tenant shall indemnify the Landlord against any loss or liability resulting from delay by the Tenant in surrendering the premises. The indemnification includes, but is not limited to, claims made by any succeeding Tenant founded on such delay. Any succeeding Tenant is authorized to take legal action against Tenant to recover its damages from Tenant. The provisions of this section shall survive the termination of this lease. 32. SURRENDER OF KEYS. The Tenant shall promptly surrender all keys for the premises to the Landlord at the place then fixed for payment of rent and shall inform the Landlord of combinations on any locks and safes on the premises. Surrender of keys before the end of the lease shall not terminate this lease unless Landlord Accepts the surrender of the lease in writing. In no event shall the Tenant be deemed to have abandoned the property or this lease during the term of this lease unless the Tenant first obtains the express written permission of the Landlord. The provisions of this section shall survive the termination of this lease. 6 33. HOLDING OVER. In the event that the Tenant remains in possession of the premises after the expiration of this lease without the execution of a new lease, Landlord may take any legal action to remove the Tenant. If the Landlord accepts a rent payment for a period of time after the end of the lease or otherwise acknowledges the tenancy, then Tenant is deemed to be occupying the premises as a Tenant from month-to-month. Any month-to-month tenancy is subject to all the conditions, provisions, and obligations of this lease. The base rent may then be adjusted by Landlord upon thirty (30) days notice. 34. DEFAULT OF TENANT. A default by Tenant under this lease shall occur if any of the following occur, but a default is not limited to the following: a. Any one or more rent payments due from the Tenant to the Landlord shall be and remain upon in whole or part after they are due and payable. b. The Tenant fails to provide insurance as required by this lease and the default continues for more than ten (10) days after notice from Landlord. c. The Tenant violates or defaults in any of the other covenants, agreements, stipulations or conditions herein and such violation or default shall continue for a period of thirty (30) days after written notice from the Landlord of such violation of default. d. If the Tenant shall become insolvent, make an assignment for the benefit of its creditors, or if a receiver is appointed for the Tenant. e. If any guarantor of this lease shall become insolvent, make an assignment for the benefit of its creditors, a receiver is appointed for the guarantor, file a voluntary bankruptcy proceeding or have an involuntary bankruptcy petition filed against the guarantor which is not dismissed within one hundred twenty (120) days. f. Abandonment of the property by the Tenant (any absence by Tenant for more than seven (7) days without notice to Landlord shall be presumed to be an abandonment). 35. LANDLORD’S REMEDIES UPON TENANT’S DEFAULT. The remedies provided in this paragraph are not exclusive and are in addition to any other remedies now or later allowed by law. Upon default of the Tenant: a. The Landlord may, at its option, declare this lease forfeited, the lease’s term ended, have the right to re-enter the property and have the right to take possession of the property without any further obligation to Tenant. Landlord may remove all persons and property at the cost of Tenant. b. Landlord may instead elect to keep Tenant in possession and continue to have all rights and remedies under this lease. If Landlord elects to keep Tenant in possession, Landlord shall have the rights under subparagraph 21(a) for any future defaults or for any previous default which remains uncured. 7 36. TAXES. Landlord shall pay the real estate taxes upon the property. 37. INTEREST. If the Tenant fails to perform any of its promises contained in this lease, including the failure to pay rent, then any unpaid rent and any sum advanced by the Landlord under the terms of this agreement shall bear interest from the due date or the date of payment by the Landlord, respectively, to the date of payment to the Landlord by the Tenant at the rate of 7.15% per annum. 38. DEFAULT OF LANDLORD. The Landlord shall not be deemed to be in default under this agreement until the Tenant has given the Landlord written notice specifying the nature of the default and until the Landlord fails to cure the default within thirty (30) days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure. 39. PERSONAL PROPERTY AT TENANT’S RISK. All personal property including fixtures kept, stored or maintained on the property shall be so kept, stored or maintained at the sole risk of the Tenant. 40. TENANT TO PAY FOR WORK DONE FOR TENANT. The Tenant agrees to promptly pay all sums of money in respect to labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or on behalf of the Tenant in or about the premises. Landlord agrees to finish the premises painted drywall in accordance with the plans of the building for which a building permit has been given. 41. CONSTRUCTION LIENS. The Tenant hereby agrees that the Tenant will not permit or allow any construction, mechanic’s or materialman’s liens to be placed on the Landlord’s interest in the premises during the term hereof. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Landlord’s interest, the Tenant shall take all steps necessary to see that it is removed within thirty (30) days of its being filed; provided, however, that the Tenant may contest any such line, provided the Tenant first posts a surety bond in favor of and insuring the Landlord in an amount sufficient to remove the lien pursuant to the terms of the Nebraska lien law. 42. NO PARTNERSHIP, JOINT VENTURE OR PINCIPAL/AGENT RELATION- SHIP CREATED. Nothing in this agreement shall be interpreted as creating a partnership, joint venture or relationship of principal and agent between the parties. 43. CUMULATIVE RIGHTS. No right or remedy given in this lease to the Tenant or the Landlord is intended to be exclusive of any other right or remedy hereof provided by law. Each right and each remedy shall be cumulative and in addition to every other right or remedy given in this lease or now or hereafter existing at law or in equity or by statute. 44. TERMINATION BY LANDLORD. The Landlord and the Landlord’s successor or assigns shall have the right to terminate this lease at the end of any calendar month, if such person has first given to the Tenant or the Tenant’s assigns a written notice of termination at least six months prior to the date of termination. The written notice may only be given upon the 8 Landlord’s intention to remodel, remove or demolish the building or upon the sale of the building. Only the purchaser of the building may give this notice in the event of the sale of the building and the notice must be given within thirty (30) days of closing. 45. REASONABLE CONSENT. Whenever the Landlord’s or the Tenant’s consent shall be required under this lease, such approval or consent shall not be arbitrarily or unreasonably conditioned, delayed, or withheld. The consent of Landlord or of Tenant shall be deemed to have been given, unless within twenty (20) days of the request for such approval or consent, the Landlord or the Tenant, as appropriate, notifies the requesting party that the receiving party is denying such approval or consent. The refusal must state the reasonable ground for the refusal to grant such approval or consent. 46. FURTHER ASSURANCES. In addition to any other information which may reasonably be requested, any party shall without charge, at any time and from time to time hereafter, within ten (10) days after written request from another party for the same, certify by written instrument duly executed and acknowledged to any person, firm or corporation the following information which was specified in such request: a. Whether this agreement has been supplemented or amended, and if so, the substance and manner of such supplement or amendment. b. Whether this agreeme nt is still valid. c. The existence of any default under this agreement. d. The existence of any claims or amounts owed to such party by any other party. e. The commencement and expiration dates of the term of this agreement. f. Any such certificate may be relied on by the party who requested it and by any other person, firm or corporation to whom it may be exhibited or delivered, and the contents of the certificate shall be binding on the party executing it. 47. NOTICE. If any notice is required to be given under this agreement, it may only be given in writing and delivered by mail, personal delivery, facsimile, transmission, or electronic data transmission. Delivery of notice shall be effective as follows: a. Delivery by any means other than mail shall be effective upon receipt. b. Delivery by mail may be by first class mail, certified mail or registered mail. c. Delivery by first class mail is complete upon the third postal business day after mailing. d. Delivery by certified mail or registered mail is complete upon delivery; if the certified mail is not delivered as a result of refusal to accept, then upon the date of the refusal to accept; or if there is a failure of delivery as a result of the inability of the post office to deliver after three attempts at delivery (to the last known 9 address as provide in this agreement ) have been made, then upon the date of the last attempt. e. Delivery may be made to any agent for service of process. f. If the party is a corporation, delivery of notice may be made to any officer. If the party is a partnership, notice may be given to any partner. 48. ADDRESSES. Each party shall supply any address changes to the other party in writing. Any party may change its address by giving notice in writing, stating its new address, to any other party as provide in paragraph 50. the newly designated address shall be that party’s address for the purpose of all communications, demands, notices or objections permitted or required to be given or served under this lease. 49. SUCCESSORS AND ASSIGNS. This agreement shall be binding on and shall inure to the benefit of the parties to this agreement and their respective assigns, executors, heirs, personal representatives and successors. 50. SUBORDINATION. The Tenant agrees that at the Landlord’s election, this lease shall be subordinate to any land lease, mortgages or trust deeds now on or placed on the property and to any and all advances to be made there under, and to the interest thereon, and to all renewals, replacements and extensions thereof. Tenant shall execute such subordinations as reasonably required by Landlord within ten days of request therefore. In addition, the Tenant hereby appoints the Landlord as its attorney-in-fact to execute such documents as may be required to accomplish such subordination. 51. AMENDMENT. No amendment of this agreement shall be valid unless it is in writing and is signed by the parties or by their duly authorized representatives, and unless it specifies the nature and extent of the amendment. 52. SEVERABLE PROVISIONS. Each provision, section, sentence, clause, phrase, and word of this agreement is intended to be severable. If any provision, section, sentence, clause, phrase, or word hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this lease. 53. ENTIRE AGREEMENT. This agreement contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 54. REPRESENTATIONS. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this agreement. Neither party has relied on any verbal representations, agreements, or understandings not expressly set forth in this agreement. 55. DUPLICATE ORIGINALS. This agreement may be executed in several duplicate originals, but all copies shall be only one agreement. 10 56. CAPTIONS, HEADINGS OR TITLES. All captions, headings, or titles in the paragraphs or sections of this agreement are inserted for convenience of reference only and shall not constitute a part of this agreement as a limitation of the scope of the particular paragraphs or sections to which they apply. 57. WAIVER. Any waiver by any party of a default of any other party of this agreement shall not affect or impair any right arising from any subsequent default. No custom or practice of the parties which varies from the terms of this agreement shall be a waiver of any party’s right to demand exact compliance with the terms of this agreement. 58. GRAMMATICAL CHANGES. The use of any particular gender in this agreement shall refer to all genders. The use of the singular of an expression may be read as the plural and the use of the plural may be read as the singular. 59. JOINT AND SEVERABLE LIABILITY. If there is more than one person liable under this agreement, the liability of each shall be joint and several. 60. NEBRASKA LAW. This agreement shall be construed and enforced in accordance with the laws of the state of Nebraska. 61. SOLDIER’S AND SAILOR’S RELIEF ACT. No party is a member of the armed forces of the United States or of any of its allies. Each party states that the Soldiers and Sailors Relief Act does not apply to him, her or it. 62. OPTION TO RENEW. Provided Tenant is not at the time of exercise in default of the lease, Tenant shall have the option to renew this lease for two additional terms of five (5) years each. EXECUTED this _____ day of ________________, 2004. WALNUT HOUSING, LTD., By:____________________________________ Ward F. Hope, Manager Walnut Redevelopment, LLC, General Partner, Landlord STATE OF NEBRASKA ) )SS. COUNTY OF LANCASTER ) The foregoing Commercial Lease was acknowledged before me on ________________, 2004, by Ward F. Hoppe, Manager of Walnut Redevelopment, LLC, for the company as Landlord. Witness my hand and notarial seal, this ______ day of ___________________, 2004. 11 ___________________________________________ Notary Public CITY OF GRAND ISLAND, NEBRASKA, ATTEST: a Municipal Corporation, ___________________________________ By: ____________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) Before me, a notary public qualified in said County personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing document and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2003-______. Witness my hand and notarial seal, this ______ day of ___________________, 2004. ___________________________________________ Notary Public The Commercial Lease is in due form according to law and hereby approved. By: __________________________________________ Date:___________________ Dale M. Shotkoski, Assistant City Attorney Approved as to Form ¤ ___________ July 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-172 WHEREAS, the City of Grand Island has been involved in the redevelopment of the former Walnut Junior High School building at 504 North Elm Street in Grand Island; and WHEREAS, Walnut Redevelopment LLC and Walnut Housing Ltd is interested in utilizing space in the building to provide city and other governmental services and providing office space for the Grand Island Multicultural Coalition and other such charitable and human service organizations for the benefit of the neighborhood and the community; and WHEREAS, a Memorandum of Understanding has been prepared setting out the intent of the City of Grand Island, the Grand Island Multicultural Coalition, the Grand Island Housing Development Corporation, and the Grand Island Public Schools to utilize the building to provide such services; and WHEREAS, a Commercial Lease Agreement has been prepared setting out the terms and conditions for the City to lease approximately 1,000 square feet of the building at a rate of $700 per month for five years to provide first time home buyer training and first time home buyer opportunity programs, rental housing inspection and tenant's rights assistance, community health and dental intake, or other programs as appropriate; and WHEREAS, the City Attorney has reviewed and approved the Memorandum of Understanding and the Commercial Lease Agreement for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Memorandum of Understanding by and between Walnut Redevelopment, LLC / Walnut Housing Ltd., the City of Grand Island, Nebraska, the Grand Island Multicultural Coalition, the Grand Island Housing Development Corporation, and the Grand Island Public Schools regarding the redevelopment of the former Walnut Junior High School building into low income housing, office space for various governmental, charitable and human service organizations to provide referral or direct services to the community and for an auditorium to house a theatre for Hispanic and a variety of other cultural events is hereby approved. 2. The Commercial Lease Agreement by and between Walnut Housing, Ltd. and Walnut Redevelopment LLC, as landlords and the City of Grand Island, as tenant to lease approximately 1,000 square feet of space in the former Walnut Junior High School building at 504 North Elm Street in Grand Island at a cost of $700 per month for five years is hereby approved. - 2 - 3. That the Mayor is hereby authorized and directed to execute the above-identified documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item I4 #2004-173 - Approving Call Redemption for General Obligation Various Purpose Bonds, Series 1999 This item relates to Ordinance #8923 Item F-6. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council R E S O L U T I O N 2004-173 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The following bonds of the City of Grand Island, Nebraska, in accordance with their option provisions are hereby called for payment on December 15, 2004, after which date interest on the bonds will cease: General Obligation Various Purpose Bonds, Series 1999, date of original issue – December 15, 1999, in the principal amount of Two Million Sixty-five Thousand Dollars ($2,065,000), bonds maturing December 15, 2006 through December 15, 2014, inclusive, numbered as shown on the books of the Paying Agent and Registrar becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate CUSIP No. $185,000 December 15, 2006 4.85% 385622 LL 7 195,000 December 15, 2007 4.95 385622 LM 5 205,000 December 15, 2008 5.05 385622 LN 3 215,000 December 15, 2009 5.15 385622 LP 8 225,000 December 15, 2010 5.20 385622 LQ 6 240,000 December 15, 2011 5.30 385622 LR 4 255,000 December 15, 2012 5.40 385622 LS 2 265,000 December 15, 2013 5.50 385622 LT 0 280,000 December 15, 2014 5.60 385622 LU 7 Said bonds are hereinafter referred to as the "Refunded Bonds." Said bonds are subject to redemption at any time on or after December 15, 2004, at par and accrued interest, and said interest is payable semiannually. Said Refunded Bonds were issued for the purpose of paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement District No. 1222, and paying the costs of flood control improvements in the Wood River Flood Control Project. 2. The Refunded Bonds are to be paid off at the principal corporate trust office of Cornerstone Bank, National Association, in York, Nebraska (the "Paying Agent"), as paying agent and registrar. - 2 - 3. A true copy of this resolution shall be filed immediately with the Paying Agent and said Paying Agent is hereby irrevocably instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with the ordinance authorizing said called bonds. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of June 23, 2004 through July 13, 2004 The Claims for the period of June 23, 2004 through July 13, 2004 for a total of $3,070,939.83. A MOTION is in order. Tuesday, July 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council