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06-28-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 28, 2005 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 David Zellmer, Messiah Lutheran Church, 708 North Locust Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item E1 Public Hearing on Request of Central Nebraska Humane Society for Conditional Use Permit for a Temporary Office Trailer Located at 1312 Sky Park Road Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: June 28, 2003 Subject: Request of Central Nebraska Humane Society for a Conditional Use Permit to allow for the Continued Use of a Temporary Portable Office Structure at 1312 Skypark Road Item #’s: E-1 & G-4 Presenter(s): Craig Lewis , Building Department Director Background The property is currently zoned M-2, Heavy Manufacturing and as such temporary buildings and uses are only allowed as conditional uses approved by the City Council. In 2003 the Humane Society requested and received approval from the City Council for the use of this mobile office for two years, as that time expires on July 8, 2005 a request to extend the use for an additional two years has been submitted. Discussion The provisions in the City code which allows for the use of temporary buildings is intended to allow for operations to either continue or commence while a permanent facility is being constructed with limitations of two years in undeveloped areas Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request for a two year time limit. Sample Motion Motio n to approve the conditional use permit as requested for a two year time period.. Item E2 Public Hearing on Request of Dale Hartwig for Conditional Use Permit for Temporary Water and Sanitary Sewer Tie-In to Service Construction Office Located at 2620 West Faidley Avenue Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: June 28, 2003 Subject: Request of St. Francis Medical Center for a Conditional Use Permit to allow for sewer and water services to a temporary construction trailer at 825 Orleans Drive Item #’s: E-2 &G-5 Presenter(s): Craig Lewis , Building Department Director Background The property is currently zoned RO Residential Office, this zoning classification would allow for office types of establishments as permanent facilities in permanent buildings connected to all utilities. This request is to allow for a temporary construction trailer to be connected to public sewer and water mains as if permanent construction. Discussion The utilization of construction trailer to facilitate the construction and development of property within the city’s jurisdiction has been allowed for years and is a common practice, but the connection of these temporary trailers to permanent utilities is not typically allowed or requested as they rarely remain on the site for any extended period of time. A conditional use permit may be a tool to identify and formally approve the connection to public utilities and establish a time certain for the temporary trailer and connections to be terminated. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request to allow utility connection to a temporary construction trailer for the time specified. Sample Motion A motion to approve a conditional use permit to allow utility connection to a construction trailer at 825 Orleans Dr. for a period not to exceed three years from the date of approval. Item E3 Public Hearing on Acquisition of Utility Easements - 3114 and 3116 S. Blaine Street - Gauthier Tuesday, June 28, 2005 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: June 28, 2005 Subject: Acquisition of Utility Easements – 3114 & 3116 S. Blaine Street - Gauthier Item #’s: E-3 & G-6 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 two easements relative to the property of Clark A. Gauthier located through a part of Lot Four (4), and part of Lot Five (5) Riverside Farm Fourth Subdivision (3116 and 3114 S. Blaine Street), 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 These easements will be used to locate underground primary and pad-mounted transformers to provide power to the new home on Lot Five (5), Riverside Farm Fourth Subdivision. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easements for one dollar ($1.00) each. Sample Motion Motion to approve acquisition of the Utility Easements. Item E4 Public Hearing on Acquisition of Utility Easement - 804 N. Webb Road - WCI, LLC Tuesday, June 28, 2005 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: June 28, 2005 Subject: Acquisition of Utility Easement – 804 N. Webb Road – WCI, LLC Item #’s: E-4 & G-7 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 WCI, LLC located at the southeast corner of property located at 804 N. Webb Road, between Home Depot and TierOne Bank, 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 provide water service while maintaining required clearances from the water line to the storm and sanitary sewer lines. This allows public access to the shutoff valve for the water service. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E5 Public Hearing on Acquisition of Utility Easement - 820 N. Webb Road - Allen Phase III Tuesday, June 28, 2005 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: June 28, 2005 Subject: Acquisition of Utility Easement – 820 N. Webb Road – Allen Phase III, LLC Item #’s: E-5 & G-8 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Allen Phase III, LLC located at the southeast corner of property located at 820 N. Webb Road, south and east of Home Depot, 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 provide a location for public water main that is not under the concrete street of Webb Road. It will allow more convenient access for the service line in Lot 13 of Meadowlark West Fourth Subdivision. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E6 Public Hearing Concerning Acquisition of Utility Easement - 2105 S. Locust - Pharmacy Properties, LLC Tuesday, June 28, 2005 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: June 28, 2005 Subject: Acquisition of Utility Easement – Pharmacy Properties, LLC – 2105 S. Locust Item #’s: E-6 & G-9 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Pharmacy Properties, LLC., located at 2105 S. Locust Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place primary underground electric cables and a pad- mounted transformer to serve the new buildings of U-Save Pharmacy and Sonic Drive-In. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E7 Public Hearing Concerning Acquisition of Utility Easement - 2117 S. Locust - Equestrian Meadows, LLC Tuesday, June 28, 2005 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: June 28, 2005 Subject: Acquisition of Utility Easement – 2117 S. Locust – Equestrian Meadows, LLC Item #’s: E-7 & 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 Equestrian Meadows, L.L. C., located at 2117 S. Locust Street, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place primary underground electric cables and a pad- mounted transformer to serve the new buildings of U-Save Pharmacy and Sonic Drive-In. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E8 Public Hearing on Annexation of Land Located North of Capital Avenue and East of St. Paul Road and Various Properties Adjacent to the City of Grand Island Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: June 28, 2005 Subject: Annexation Item #’s: E-8 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to annex properties located north of Capital Avenue east of St. Paul Road and west of the rail line as well as properties east of Shady Bend Road and north of Bismark Road and Right of Way on Stuhr Road adjacent to B & C subdivision and Right of Way on Schimmer Drive South of Ponderosa Lake. Detailed maps and property descriptions can be found in the annexation plan as approved by council on June 14, 2005. (C-27-2005GI) Discussion This item was brought forward as a result of the owners of 1024 E Capital Avenue requesting annexation so they can hook into city sewer. Staff has reviewed other annexation needs and is suggesting that this property and the others included herein be considered for annexation into the City Of Grand Island. Sewer and water are available to some of the properties included in this annexation request; details are available in the annexation plan. These properties are within the Grand Island Utilities Electrical Service District. These properties are within the Grand Island School District. Annexing these properties will not impact the two mile extraterritorial jurisdiction of Grand Island. No members of the public testified at the hearing held by the Regional Planning Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Deny the request for annexation 4. Table the issue Recommendation A motion was made by Hayes 2nd by Haskins to recommend that the Grand Island City Council approve these annexations. A roll call vote was taken and the motion passed with 8 members present (Haskins, O’Neill, Niemann, Miller, Ruge, Hayes, Eriksen, Reynolds) voting in favor. Sample Motion Approve this annexation as presented. Item F1 #8982 - Consideration of Annexation of Land Located North of Capital Avenue and East of St. Paul Road and Various Properties Adjacent to the City of Grand Island (First Reading) This item relates to the aforementioned Public Hearing Item E-8. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney ORDINANCE NO. 8982 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, five tracts of land more particularly described herein; to provide service benefits thereto; to confirm zoning classifications ; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on June 1, 2005, the Regional Planning Commission recommended the approval of annexing five tracts of land more particularly described below, into the City of Grand Island, Hall County, Nebraska; and WHEREAS, after public hearing on June 28, 2005, the City Council of the City of Grand Island found and determined that such annexation be approved. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: * This Space Reserved For Register of Deeds * ORDINANCE NO. 8982 (Cont.) - 2 - (A) The five tracts of land, the boundaries of which are more particularly described as follows are urban or suburban in character, and that the subject property is contiguous or adjacent to the corporate limits of said City: Annexation Area 1: Beginning at a point where the north line of Capital Avenue intersects the west line of the Ord. Branch of the Union Pacific Railroad; thence north on the west line of the Ord. Branch of the Union Pacific Railroad for a distance of 515.61 feet; thence west on a line 516 feet north of and parallel to the south line of Section 3-11-9 for a distance of 295.53 feet; thence south on a line perpendicular to the south line of Section 3-11-9 for a distance of 483 feet to the north line of Capital Avenue thence east on the north line of Capital Avenue to the point of beginning, as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Annexation Area 2: Beginning at a point on the north line of the Burlington Northern / Sante Fe Railroad, said point being 202 feet southeasterly of the east line of Lot 107 Industrial Addition; thence deflecting left 35º07' and running northeasterly a distance of 279.22 feet; thence deflecting left 23º23' and running northeasterly a distance of 312.45 feet; thence deflecting left 19º00' and running northeasterly a distance of 249.25 feet; thence deflecting left 13º21' and running northeasterly a distance of 118.45 feet; thence deflecting left 12º55' and running northeasterly a distance of 328.07 feet to a point on the south line of Lot 89 Industrial Addition; thence east on the south line of Lot 89 Industrial Addition to the southeast corner of Lot 89 Industrial Addition; thence southerly on a line for a distance of 842.8 feet more or less, to a point on the westerly line of Lot 3 of B & T Subdivision, thence southerly and westerly on the westerly line of Lot 3 B & T Subdivision and Lot 1 Shady Lane Subdivision to the northerly line of Burlington Northern / Sante Fe Railroad; thence northwesterly on the north line of the Burlington Northern / Sante Fe Railroad to the point of beginning, as shown on Exhibit "B" attached hereto and incorporated herein by this reference. Annexation Area 3: Beginning at a point on the east line of Shady Bend Road, said point being 33 feet east of the northeast corner of the Southeast Quarter (SE1/4) of Section 14-11-9; thence north on a line 33 feet east of and parallel to the east line of Section 14-11-9 for a distance of 919.93 feet; thence west on a line 919.93 feet north of and parallel to the south line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 14-11-9 for a distance of 33 feet; thence S48º34'51"W for a distance of 899.72 feet; thence S3º00'W parallel with the east line of said Northeast Quarter (NE1/4) of Section 14-11-9 for a distance of 252.62 feet to a point 66 feet north of the south line of the Northeast Quarter (NE1/4) of Section 14-11-9; thence east on a line 66 feet north of and parallel to the south line of said Northeast Quarter (NE1/4) for a distance of 50.72 feet; thence south on a line for a distance of 1,220 feet more or less, to a point on the northwesterly line of Lot 2 Billy Poe Subdivision; thence northerly and easterly on the northwest line of Lots 1 and 2 Billy Poe Subdivision to the northeasterly most corner of Lot 1 Billy Poe Subdivision; thence east on a line perpendicular to the east line of Section 14-11-9 for a distance of 73 feet to the east line of Shady Bend Road; thence north on the east line of Shady Bend Road to the point of beginning, as shown on Exhibit "C" attached hereto and incorporated herein by this reference. ORDINANCE NO. 8982 (Cont.) - 3 - Annexation Area 4: Beginning at a point on the south line of Section 36-11-10, said point being 157 feet west of the southeast corner of the Southeast Quarter (SE1/4) of Section 36-11-10; thence north on the west line of U.S. Highway 281 for a distance of 33.03 feet; thence west on the south line of Ponderosa Lake Estates Fourth Subdivision for a distance of 723.5 feet; thence southwest on a line for a distance of 74.7 feet to a point where it intersects the south line of Section 36-11-10; thence west on the south line of Section 36-11-10 to the southwest corner of Ponderosa Lake Estates Fifth Subdivision; thence south on a line perpendicular to the south line of Section 36-11-10 for a distance of 33 feet; thence east on a line 33 feet south of and parallel with the south line of Section 36-11-10 to a point on the west line of U.S. Highway 281; thence north on the west line of U.S. Highway 281 for a distance of 33 feet to the point of beginning, as shown on Exhibit "D" attached hereto and incorporated herein by this reference. Annexation Area 5: Beginning at the northeast corner of B & C Subdivision; thence southerly on the east line of B & C Subdivision for a distance of 192.9 feet; thence easterly perpendicular to the east line of B & C Subdivision for a distance of 73 feet to the east line of Stuhr Road; thence north on the east line of Stuhr Road for a distance of 192.9 feet; thence westerly on a line for a distance of 73 feet to the point of beginning, as shown on Exhibit "E" attached hereto and incorporated herein by this reference. (B) The subject lands will receive the material benefits and advantages currently provided to lands within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the subject tracts of land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tracts of land, lots, tracts, highways and streets (lands) with the use of lands in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject lands within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2005-179 is hereby approved and ratified as amended. ORDINANCE NO. 8982 (Cont.) - 4 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tracts of land located within the boundaries described above. SECTION 3. The subject tracts of land are hereby annexed to the City of Grand Island, Hall County, Nebraska, and said lands and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Approved June 28, 2005 on first reading. ORDINANCE NO. 8982 (Cont.) - 5 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8983 - Consideration of Conveyance of Property Located at 4949 Juergen Road, Lot 11, Platte Valley Industrial Park 3rd Subdivision Tuesday, June 28, 2005 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 Gary Mader, Utilities Director Meeting: June 28, 2005 Subject: Conveyance of 4949 Juergen Road, Lot 11, Platte Valley Industrial Park Third Subdivision Item #’s: F-2 & G-12 Presenter(s): Douglas R. Walker, City Attorney Gary Mader, Utilities Director Background Grand Island’s electric utility purchased real estate along the east side of Highway 281 and south of the Hall County Park for development of an industrial park several years ago. Over the last several years lots have been sold to businesses to locate new facilities. The City of Grand Island has received an offer to purchase Lot 11 in Platte Valley Industrial Park Third Subdivision from BM&M, L.L.C. Discussion BM&M, L.L.C. has agreed to purchase Lot 11 in Platte Valley Industrial Park Third Subdivision for the asking price of $206,400.00. BM&M, L.L.C. currently operates a construction equipment business in Grand Island known as Road Builders Machinery and Supply. They are interested in relocating to this site where they will be constructing a new building for the use of their business. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purchase agreement for the sale of this real estate. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the sale of Lot 11, Platte Valley Industrial Park Third Subdivision to BM&M, L.L.C. for the asking price of $206,400.00. Sample Motion Motion to approve the sale of Lot 11, Platte Valley Industrial Park Third Subdivision. Wildwood Sub Brennan Sub Platte Valley Industrial Park 3rd Sub Platte Valley Industrial Park 2nd Sub Hiser Sub Greenscape Inc Sub Platte Valley Industrial Park 3rd Sub 3 1 2 12 11 13 10 1 1 1 14 8 1 7 3 4 2 27 26 9 10 11 13 14 15 US Highway 281 SWildwood Dr WJuergen RdAntelope DrCougar Dr US Highway 281 S¯ Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney ORDINANCE NO. 8983 An ordinance directing and authorizing the conveyance of property to B.M. and M. L.L.C., a limited liability company; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The conveyance to B.M. and M. L.L.C., a limited liability company, of a tract of land comprising of Lot Eleven (11), Platte Valley Industrial Park Third Subdivision in the City of Grand Island, Hall County, Nebraska; such tract commonly known as 4949 Juergen Road. SECTION 2. The consideration for such conveyance shall be Two Hundred Six Thousand Four Hundred Dollars. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of a Purchase Agreement between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 6. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island ORDINANCE NO. 8983 (Cont.) - 2 - equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 7. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to B.M. and M. L.L.C., a limited liability company, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 8. 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: June 28, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of June 14, 2005 City Council Regular Meeting The Minutes of June 14, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, June 28, 2005 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 14, 2005 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 14, 2005. Notice of the meeting was given in the Grand Island Independent on June 8, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, 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 Assistant Director Bud Buettner, and City Attorney Doug Walker. INVOCATION was given by Youth Minister Brian Pielstick, Independent Bethel Baptist Church, 1223 East 6th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Diane Smutny, Purchasing Technician with the Finance Department for 20 Years of Service with the City. Mayor Vavricek and the City Council recognized Diane Smutny for her 20 years of dedicated service with the City as a Purchasing Technician in the Finance Department. Ms. Smutny was present for the recognition. Recognition of Erika Anschutz for U.S. World Team Archery and U.S. National Team Archery Competitions. Mayor Vavricek and the City Council recognized Erika Anschutz for her many national championships and world records in archery. Ms. Anschutz was present for the recognition. Recognition of Students from Senior High, Central Catholic, and Northwest High Schools for State Championships in Track. Mayor Vavricek and the City Council recognized the following students for their Championships at the State Track Meet: Grand Island Senior High: Eric Steele – Class “A: Pole Vault Rebecca Brown and Megan Dillman – Girls #2 Tennis Grand Island Central Catholic: Kenny Howard – Class “C” Discus Mallory Tinger – Girls Pole Vault Page 2, City Council Regular Meeting, June 14, 2005 Northwest High School: Brandon Harrington – 110 High Hurdles, 300 Intermediate Hurdles, and Long Jump Sam Ogden – Pole Vault Northwest Track Team – Class “B” Overall State Champions – Head Coach Dave Gee PUBLIC HEARINGS: Public Hearing on Request of Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3395, 3501 South Locust Street for a Class “D” Liquor License. City Clerk RaNae Edwards reported that Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3395, 3501 South Locust Street had submitted an application with the City Clerk’s Office for a Class “D” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 26, 2005; notice to the applicant of date, time, and place of hearing mailed on May 31, 2005; notice to the general public of date, time, and place of hearing published on June 4, 2005; and Chapter 4 of the City Code. Recommendation was to approve contingent upon final inspections. No pub lic testimony was heard. Public Hearing on Amendment to Community Redevelopment Authority (CRA) Redevelopoment Plan and Authorizing Tax Increment Financing. Doug Walker, City Attorney reported that Procon Development, LLC, had applied for tax increment financing to development twenty handicap accessible rental units located along the south side of Capital Avenue and the east side of Geddes Street. Approval had been given by CRA and the Regional Planning Commission. No public testimony was heard. Public Hearing on Acquisition of Property Located at 1212 West 2nd Street. (Robert C. Ramold dba Domino’s Pizza) Doug Walker, City Attorney reported that acquisition of property located at 1212 West 2nd Street was required for the Library expansion project. Current ly, negotiations were under way but had not been successful. The use of eminent domain would be necessary if negotiations were unsuccessful. No public testimony was heard. Public Hearing on Acquisition of Property Located at 244 and 304 Stuhr Road. (Melvin W. & Jo Ann Meyer and M.J. Lake, LLC) Doug Walker, City Attorney reported that acquisition of property located at 244 and 304 Stuhr Road was required for development of a fire training facility. The purchase of the real estate as this location had been negotiated for the appraised price of $583,900.00. No public testimony was heard. Public Hearing Concerning Economic Development CDBG Grant. Joni Kuzma, Community Development Specialist reported that the City was applying for an economic development grant in the amount of $254,000, of which $250,000 would be loaned to the Grand Island Area Economic Development Corporation for funding a speculative building targeted to metal working or warehouse type companies. No public testimony was heard. Public Hearing on Amendment to Extend CDBG Grant. Joni Kuzma, Community Development Specialist reported that in August of 2003, the City was awarded a Community Development Block Grant (CDBG) in the amount of $270,4000 from the Nebraska Department of Economic Development for the rehabilitation of owner-occupied homes with the projects to be completed Page 3, City Council Regular Meeting, June 14, 2005 by August 15, 2005. It was recommended that the project completion date be extended to February 15, 2006. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8979 – Consideration of Vacating a Portion of Adams Street North of West Koenig and Adjacent to the Property of 1224 & 1304 West Koenig Street #8980 – Consideration of Vacating a Utility Easement in Voitles Addition, the North 112’ of a 16’ Wide Easement East of 727 East 9th Street #8981 – Consideration of Creation of Street Improvement District No. 1257, Shanna Street in Western Heights 4th Subdivision 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 passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Bud Buettner, Assistant Public Works Director explained Ordinance’s #8979, #8980, and #8981. Motion by Pielstick, second by Hornady to approve Ordinances #8979, #8980, and #8981. City Clerk: Ordinances #8979, #8980, and #8981 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 #8979, #8980, and #8981 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8979, #8980, and #8981 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-10, G-11, and G-12 were pulled for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding items G-10, G-11, and G-12. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 24, 2005 City Council Regular Meeting. Approving Minutes of June 7, 2005 City Council Study Session. Approving Appointment of Councilmember Mitch Nickerson to the Central District Health Department Board. Page 4, City Council Regular Meeting, June 14, 2005 Approving Appointment of Matthew Armstrong to the Business Improvement District #5 Board. Approving Appointment of Mark Stelk to the Citizens’ Review Committee. Approving Appointments of Councilmember’s Margaret Hornady and Mitch Nicerson and Kurt Haecker to the City/County Efficiency Effectiveness Committee. Approving Request of Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3395, 3501 South Locust Street for Class “D” Liquor License. Approving Request of Bradley Koza, 2539 Delmonte Avenue for Liquor Manager Designation for Wal-Mart Supercenter #3395, 3501 South Locust Street. Approving Preliminary Plat for Woodland Park Subdivision. #2005-164 – Approving Final Plat and Subdivision Agreement for John Voitle’s Second Subdivision. It was noted that Starostka Group Unlimited had submitted the final plat for John Voitle’s Second Subdivision located on ground south of 9th Street and east of Beal Street for the purpose of creating 3 lots. #2005-165 – Approving Final Plat and Subdivision Agreement for Northview First Subdivision. It was noted that Melvin E. and Dorothy V. Zichek had sub mitted the final plat for Northview First Subdivision located on a parcel of land in the E 1/2 NE 1/4 of Section 12-11-10 for the purpose of creating 33 lots. #2005-166 – Approving Final Plat and Subdivision Agreement for Schimmer’s Second Subdivision. It was noted that Jerome W. and Doralene F. Niedfelt Trustees had submitted the final plat for Schimmer’s Second Subdivision located on property at 18th and Eddy Streets for the purpose of moving lot lines on two existing lots from a north/south configuration to an east/west configuration. #2005-167 – Approving Final Plat and Subdivision Agreement for V & C Subdivision. It was noted that Melvin E. and Dorothy V. Zichek had submitted the final plat for V & C Subdivision located on an 80 acre parcel of land at the intersection of Stuhr Road and Swift Road for the purpose of splitting an existing farmstead. #2005-168 – Approving Final Plat and Subdivision Agreement for Woodland Park Third Subdivision. It was noted that Hastings Ventures L.L.C. had submitted the final plat for Woodland Park Third Subdivision located on a parcel of land in the W 1/2 SE 1/4 of Section 2- 11-10 for the purpose of creating 16 lots. #2005-169 – Approving Final Plat and Subdivision Agreement for Woodland Park Fourth Subdivision. It was noted that Hastings Ventures L.L.C. had submitted the final plat for Woodland Park Fourth Subdivision located on a parcel of land in the W 1/2 SE 1/4 of Section 2- 11-10 for the purpose of creating 30 lots. Page 5, City Council Regular Meeting, June 14, 2005 #2005-170 – Approving Nebraska Community Improvement Program (NCIP) Intent to Enter and Proclamation. #2005-171 – Approving Economic Development CDBG Grant. #2005-172 – Approving Amendment to Extend CDBG Rahab Grant. #2005-173 – Approving Designating the North Side of State Street between Custer Avenue and Lafayette Street as No Parking. #2005-174 – Approivng Amendment “C” to the Agreement with CH2M Hill for the UV Disinfection Project at the Wastewater Treatment Plant for an amount of $326,500.00. #2005-175 – Approving Task #1 under the Agreement with SH2M Hill for On-Call Engineering Consulting Services, Design of Lift Station Near the Intersection of Capital and Diers Avenues. #2005-176 – Approving Bid Award for Modular Home Design/Build with Lockhart Homes of Grand Island, Nebraska in an Amount of $141,210.00. #2005-177 – Approving Agreement with Convention Visitors Bureau for Sub-Lease of Interstate 80 Signs in an Amount of $250.00 per year for each sign. #2005-178 – Approving Amendment No. 5 to the Agreement with Olsson Associates of Grand Island, Nebraska for Street Improvement District 1246, South Locust from Stolley Park Road to Fonner Park Road in an Amount of $22,850.00. #2005-161 – Approving Amendment to Community Redevelopment Authority (CRA) Redevelopment Plan and Authorizing Tax Increment Financing for Procon, LLC Proposed Handicapped Accessible Apartments Located along Capital Avenue and Geddes Street. Doug Walker, City Attorney and K.C. Henke, developer explained the $1.4 million project. Discussion was held on the TIF financing. Motion by Pielstick, second by Hornady to approve Resolution #2005-161. Upon roll call vote, all voted aye. Motion was adopted. #2005-162 – Approving Acquisition of Property Located at 1212 West 2nd Street. (Robert C. Ramold dba Domino’s Pizza) Doug Walker, City Attorney explained that negotiations had taken place since February 2005. Discussion was held regarding eminent domain procedures. Mr. Walker stated negotiations would continue with eminent domain being used as a last resort. Motion by Nickerson, second by Hornady to approve Resolution #2005-162. Upon roll call vote, all voted aye. Motion was adopted. #2005-163 – Approving Acquisition of Property Located at 244 and 304 Stuhr Road. (Melvin W. & Jo Ann Meyer and M.J. Lake, LLC) Doug Walker, City Attorney reported that negotiations Page 6, City Council Regular Meeting, June 14, 2005 had taken place with the Meyer’s to purchase property located at 244 and 304 Stuhr Road for the development of a fire training facility. Mr. Walker stated that an appraised price of $583,900.00 had been agreed upon. Discussion was held with regards to costs and the type of facility that was proposed at this site versus the site east of the Central Community College. Fire Chief Jim Rowell stated there may be more meeting rooms at this site since they were a distance from the Community College which they had planned to use for meetings. Gary Greer, City Administrator commented on the differences in these locations with regards to cost, location, and type of facility. Mentioned was the Law Enforcement facility that was going to be built in the same location which could be used for meetings, thereby eliminating the need for more meeting rooms at the training center. Councilmember Gilbert thanked the Meyer family for negotiating and selling this property to the City. Motion by Meyer, second by Pielstick to approve Resolution #2005-163. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Haase vote aye. Councilmember Walker voted no. Motion was adopted. RESOLUTIONS: #2005-179 – Approving Annexation Plan for Properties Located North of Capital Avenue and East of St. Paul Road and Various Properties Adjacent to the City of Grand Island and Scheduling Public Hearing. Chad Nabity, Regional Planning Director reported that a request had been made to annex property north of Capital Avenue and east of St. Paul Road to connect to city sewer. City Administration suggested other properties adjacent to 1024 Capital Avenue and properties purchased by the waste water utility department as well as street right-of-way be annexed into the City. Mr. Nabity reviewed the Annexation Plan – June 2005. Motion by Hornady, second by Pielstick to approve Resolution #2005-179. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of May 25, 2005 through June 14, 2005, for a total amount of $3,010,092.27. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of June 21, 2005 City Council Study Session The Minutes of June 21, 2005 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, June 28, 2005 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 STUDY SESSION June 21, 2005 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on June 21, 2005. Notice of the meeting was given in the Grand Island Independent on June 15, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Walker. Councilmember Haase was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, and City Attorney Doug Walker Mayor Communication: Mayor Vavricek commented on the following: · Informal Meet and Great Event on Friday, June 23, 2005 at 11:15 a.m. to meet Lela Lowry and Andrew Hills – candidates for the Emergency Management Director · Introduced Wendy Meyer-Jerke, Public Information Officer Presentation of Water Department Financial Status Report. Gary Mader, Utilities Department Director reported that the Water Department was an equipment and facilities intensive enterprise where a large percentage of revenue must be used for Capital Projects to meet growth and Operations and Maintenance costs of existing infrastructure. The philosophy of the department had been limit long term debt and “pay as you go” for operations, maintenance, and normal and routine system expansions. The last major increase was in 1994. The following financial requirements were presented and discussed over the last five years: Capital Projects · Overall System Improvements · Water Department Projects · System Extensions for new subdivisions Operation and Maintenance Costs · Production Expenses · Operating Expenses Also presented were several immediate future projects such as expansion of the Well Field, replace motor on Burdick Pump Station Pump 1, extensions of major trunk lines, addition of a second water storage reservoir in west Grand Island, replacement of old electric switchgear at Well Field pumping station, construction of Water Mains, replacement of older fire hydrants, continued upgrade of older Well Field wells piping and closures, and regulation and control of the Platte River. Page 2, City Council Study Session, June 21, 2005 Mr. Mader recommended adding $0.10 per 100 cubic feet which would increase revenue by $500,000 per year covering the immediate shortfall. Presented were water rate comparisons with North Platte, Hastings, Kearney, Lincoln, and Omaha. Discussion was held with regards to different rate structures. The following water rates were proposed: Residential: 1,500 cubic ft. (11,220 gallons) · GI Present: $11.77 · GI Proposed: $13.27 Commercial: 50,000 cubic ft. (374,000 gallons) · GI Present: $208.06 · GI Proposed: $258.06 Commercial/Industrial: 1,500,000 cubic ft. (11,220,000 gallons) · GI Present: $4,306.06 · GI Proposed: $5,806.06 Large Industrial: 6,000,000 cubic ft. (44,880,000 gallons) · GI Present: $16,726.06 · GI Proposed: $22,726.06 The Council requested more information be brought back to them on different rate structures before they make a decision. City Administrator Gary Greer commented on the importance of increasing the rates this fiscal year because of the short-fall in revenues instead of through the budget process which would start in October. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. RaNae Edwards City Clerk Item G3 Approving Appointment to the Heartland Events Center Board The Mayor is recommending the appointment of Scott Zana to the Heartland Events Center Board of Directors to complete the unexpired term of John Brownell. The appointment would take affect immediately with Council approval. The Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) is a 501(c)(3) nonprofit corporation with the following provisions: (1) The Mayor of the City of Grand Island, Nebraska nominates one (1) member of the Board of Directors of Fonner Park Exposition and Events Center, Inc.; and (2) The election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. is submitted to the City Council of the City of Grand Island, Nebraska for ratification. The term is for one year with the election of directors at the annual meeting held in July of each year. Approval is recommended. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Central Nebraska Humane Society for Conditional Use Permit for a Temporary Office Trailer Located at 1312 Sky Park Road This item relates to the aforementioned Public Hearing Item E-1. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G5 Approving Request of Dale Hartwig for Conditional Use Permit for Temporary Water and Sanitary Sewer Tie-In to Service Construction Office Located at 2620 West Faidley Avenue This item relates to the aforementioned Public Hearing Item E-2. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G6 #2005-180 - Approving Acquisition of Utility Easements - 3114 and 3116 S. Blaine Street - Gauthier This item relates to the aforementioned Public Hearing Item E-3. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-180 WHEREAS, public utility easements are required by the City of Grand Island, from Clark A. Gauthier, a single person, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on June 28, 2005, for the purpose of discussing the proposed acquisition of an easements and rights-of-way as follows: Tract No. 1: A part of Lot Four (4), Riverside Farm Fourth Subdivision located in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: Beginning at the northeast corner of Lot Four (4), Riverside Farm Fourth Subdivision; thence southwesterly along the northerly line of said Lot Four (4), a distance of One Hundred Ten (110.0) feet; thence easterly, a distance of One Hundred Fourteen and Seventy Seven Hundredths (114.77) feet to the southeast corner of said Lot Four (4); thence northwesterly along the easterly line of said Lot Four (4), a distance of Twenty Five and Eight Hundredths (25.08) feet to the said Point of Beginning The above- described easement and right-of-way containing 0.032 acres more or less, as shown on the plat dated May 25, 2005, marked Exhibit "A", attached hereto and incorporated herein by reference. Tract No. 2: A part of Lot Five (5), Riverside Farm Fourth Subdivision located in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: Commencing at the northeast corner of Lot Five (5), Riverside Farm Fourth Subdivision; thence southwesterly along the northerly line of said Lot Five (5), a distance of One Hundred Sixty and Sixty Hundredths (160.60) feet to the ACTUAL Point of Beginning; thence continuing southwesterly along the northerly line of said Lot Five (5), a distance of Thirty One and Ninety Six Hundredths (31.96) feet; thence running southwesterly, a distance of One Hundred Thirty Six and Forty Nine Hundredths (136.49) feet to a point on a southerly line of said Lot Five (5); thence northeasterly along a southerly line of said Lot Five (5), a distance of Eighty One and Ninety Seven Hundredths (81.97) feet; thence northwesterly along a line of said Lot Five (5), a distance of Twenty Six and Six Hundredths (26.06) feet; thence northeasterly along a southerly line of said Lot Five (5), a distance of Seventy Five and Eighty Eight Hundredths (75.88) feet; thence northwesterly, a distance of Twenty and Seven Hundredths (20.07) feet to the said point of beginning. The above-described easement and right-of-way containing 0.083 acres more or less, as shown on the plat dated May 25, 2005, marked Exhibit "B", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements from Clark A. Gauthier, a single person, on the above- described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G7 #2005-181 - Approving Acquisition of Utility Easement - 804 N. Webb Road - WCI, LLC This item relates the to aforementioned Public Hearing Item E-4. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-181 WHEREAS, a public utility easement is required by the City of Grand Island, from WCI, LLC, a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on June 28, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Fourteen (14), Meadowlark West Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, the easement and right-of- way being more particularly described as follows: The southerly ten (10.0) feet of the easterly ninety (90.0) feet of Lot Fourteen (14) Meadowlark West Fourth Subdivision. The above-described easement and right-of-way containing 0.021 acres, more or less, as shown on the plat dated June 2, 2005, attached hereto as Exhibit "A" and incorporated herein by this 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 WCI, LLC, a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G8 #2005-182 - Approving Acquisition of Utility Easement - 820 N. Webb Road - Allen Phase III This item relates to the aforementioned Public Hearing Item E-5. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-182 WHEREAS, a public utility easement is required by the City of Grand Island, from Allen Phase III, LLC, a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on June 28, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Thirteen (13), Meadowlark West Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, the easement and right-of- way being more particularly described as follows: The easterly ten (10.0) feet of the southerly fifty (50.0) feet of Lot Thirteen (13) Meadowlark West Fourth Subdivision. The above-described easement and right-of-way containing 0.011 acres, more or less, as shown on the plat dated June 2, 2005, attached hereto as Exhibit "A" and incorporated herein by this 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 Allen Phase III, LLC, a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-183 - Approving Acquisition of Utility Easement - 2105 S. Locust - Pharmacy Properties, LLC This item relates to the aforementioned Public Hearing Item E-6. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-183 WHEREAS, a public utility easement is required by the City of Grand Island, from Pharmacy Properties, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on June 28, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Two (2), Equestrian Meadows Subdivision in the City of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: The westerly ten (10.0) feet of the easterly twenty (20.0) feet and the westerly ten (10.0) feet of the easterly thirty (30.0) feet of the southerly twenty (20.0) feet of Lot Two (2), Equestrian Meadows Subdivision. The above-described easement and right-of-way containing 0.038 acres, more or less, as shown on the plat dated June 15, 2005, attached hereto as Exhibit "A" and incorporated herein by this 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 Pharmacy Properties, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-184 - Approving Acquisition of Utility Easement - 2117 South Locust - Equestrian Meadows, LLC This item relates to the aforementioned Public Hearing Item E-7. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-184 WHEREAS, a public utility easement is required by the City of Grand Island, from Equestrian Meadows, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on June 28, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Three (3), Equestrian Meadows Subdivision in the City of Grand Island, Hall County, Nebraska, the ten (10.0) foot wide easement and right-of-way being more particularly described as follows: The westerly ten (10.0) feet of the easterly twenty (20.0) feet of Lot Three (3), Equestrian Meadows Subdivision. The above-described easement and right-of-way containing 0.043 acres, more or less, as shown on the plat dated June 15, 2005, attached hereto as Exhibit "A" and incorporated herein by this 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 Equestrian Meadows, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-185 - Approving Bid Award - Transmission Line Work, Utilities Department - Project 05-PCC-01 Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: June 28, 2005 Subject: Award of Contract #05-PCC-01, Transmission Line Work Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background Grand Island Utilities Department is working with CXT to support the expansion of their existing manufacturing plant in Grand Island. As part of the expansion, nearly a mile of new rail spur line will be constructed by CXT to serve the increased capacity of their plant. A fifty foot tall gantry crane will be used along the new rails to load concrete ties on to rail cars. The existing CXT plant and the planned expansion are located in the Union Pacific rail yards on the east side of Grand Island. The Utilities Department has a 115,000 volt (115kV) transmission line crossing the area. This line will have to be raised to provide safe clearance for the gantry crane. Discussion Advantage Engineering was retained in February to design the portion of 115 kV transmission line associated with the CXT facility. This design is consistent with the current construction standards adopted for Grand Island’s 115 kV loop. The line section involved in this reconstruction project is 30 years old and was planned for upgrade to meet increasing electric loads in the next five years. With the line being rebuilt now, the capacity upgrade is included in the current proposed project. In accordance with Department policy, the cost of reconstructing power lines is considered a cost to the development project when that reconstruction is required solely because of the development project. In this case, the non-betterment cost, not to exceed $300,000, will be captured by the engineer and reimbur sed by CXT, per the agreement with CXT of April 12, 2005. Specifications for Transmission Line Work, Contract #05-PCC-01, were issued on April 22, 2005. The advertisement appeared in the Grand Island Independent on April 26. The Engineers Estimate was $700,000. Bids were publicly opened on June 14, 2005. The three bids are tabulated as follows: Bidder Location Bid Amount Hutton Contracting Co. Strasburg, CO $922,213.80 PAR Electrical Contractors Des Moines, IA $799,315.00 Dominion Construction Co. Scottsbluff, NE $655,691.37 None of the bidders took any exceptions to the Specifications. Dominion Construction Company provided the low bid of $655,691.37. In previous work on Grand Island’s 115 kV, Dominion Construction Company has performed admirably. The Utility Department staff and Advantage Engineering recommend retaining Dominion Construction Company for Contract 05-PCC-01, in the amount of $655,691.37 The project is included in the Electric Department’s Capital Improvement Budget proposed for F.Y. 2005-06. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to accept the bid from Dominion Construction Company for Contract #05-PCC-01, Transmission Line Work. 2. Refer the issue to a Committee 3. Award the Contract to another bidder 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Bid and enter into Contract #05-PCC-01, Transmission Line Work, with Dominion Construction Company. Sample Motion Motion to accept the Bid and enter into Contract #05-PCC-01, Transmission Line Work, with Dominion Construction Company of Scottsbluff, NE. 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 14, 2005 at 11:00 a.m. FOR: Transmission Line Work, Contract #05-PPC-01 DEPARTMENT: Utilities ESTIMATE: $700,00.00 FUND/ACCOUNT: 520 PUBLICATION DATE: April 26, 2005 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: PAR Electrical Contractors, Inc. Hutton Contracting Co., Inc. Des Moines, IA Strasburg, CO Bid Security: Federal Insurance Company Western Surety Company Exceptions: None None Bid Price: $799,315.00 $922,213.80 Bidder: Dominion Construction Company Scottsbluff, NE Bid Security: Travelers Casualty & Surety Exceptions: None Bid Price: $655,691.37 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Admin. Assist. Utilities Burhl Gilpin, Assist. Utilities Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P996 Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-185 WHEREAS, the City of Grand Island invited sealed bids for Transmission Line Work, Contract No. 05-PPC-01, according to plans and specifications on file in the Utilities Department; and WHEREAS, on June 14, 2005, bids were received, opened and reviewed; and WHEREAS, Dominion Construction Company of Scottsbluff, 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 $655,691.37; and WHEREAS, such bid is below 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 Dominion Construction Company of Scottsbluff, Nebraska, in the amount of $655,691.37 for Transmission Line Work, Contract No. 05-PPC- 01 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract with such contractor for such project be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-186 - Approving Purchase Agreement for Sale of Lot 11, Platte Valley Industrial Park 3rd Subdivision This item relates to the aforementioned Ordinance Item F-2. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-186 WHEREAS, B.M. and M. LLC, a limited liability company, has expressed an interest in purchasing Lot Eleven (11), Platte Valley Industrial Park Third Subdivision, in the City of Grand Island, Hall County, Nebraska; and WHEREAS, the purchase price of the property shall be $206,400; and WHEREAS, a Purchase Agreement has been prepared setting out the terms and conditions of such property purchase; and WHEREAS, the City Attorney's office has reviewed and approved the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sale of Lot Eleven (11), Platte Valley Industrial Park Third Subdivision in the City of Grand Island, Hall County, Nebraska to B.M. and M. LLC, a limited liability company, for the purchase price of $206,400 is hereby approved in accordance with the terms of the Purchase Agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Purchase Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-187 - Approving Bid Award for Sanitary Sewer District No. 517, Deadwood Subdivision (Arch Avenue and Johnstown Road Area) Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 28, 2005 Subject: Approving Bid Award for Sanitary Sewer District No. 517, Deadwood Subdivision (Arch Avenue and Johnstown Road Area) Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On June 2, 2005 the Engineering Division of the Public Works Department advertised for bids for Sanitary Sewer No. 517; Arch Avenue and Johnstown Road Area. Discussion Two bids were received and opened on June 20, 2005. 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 Bid Price Diamond Engineering Co. Grand Island NE None Universal Surety Co. $25,361.85 Starostka Group Grand Island NE None Merchants Bonding Co. $20,408.03 The engineers estimate for this project was $38,216.00. 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. 1. Make a motion to approve awarding the bid to Staroska Group for Sanitary Sewer District No. 517 in the amount of $20,408.03. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract and passing a resolution authorizing the Mayor to sign a contract with Staroska Group of Grand Island in the amount of $20,408.03. Sample Motion Move to approve the award of the contract to the lowest bidder, Staroska Group for Sanitary Sewer District 517. 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 20, 2005 at 11:00 a.m. FOR: Sanitary Sewer District No. 517 DEPARTMENT: Public Works ESTIMATE: $38,216.00 FUND/ACCOUNT: 53030055-85213 PUBLICATION DATE: June 10, 2005 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Diamond Engineering Co. Starostka Group Grand Island, NE Grand Island, NE Bid Security: Universal Surety Co. Merchants Bond Co. Exceptions: None None Bid Price: $25,361.85 $20,408.03 cc: Steve Riehle, Public Works Director Ben Thayer, WWTP Supt. Danelle Collins, Public Works Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1001 Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-187 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 517 located in Deadwood Subdivision on Arch Avenue, east of Johnstown Road, according to plans and specifications on file with the City Engineer; and WHEREAS, on June 20, 2005, bids were received, opened and reviewed; and WHEREAS, Starostka Group 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 $20,408.03; and WHEREAS, such bid is below 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 Starostka Group of Grand Island, Nebraska, in the amount of $20,408.03 for Sanitary Sewer District No. 517 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-188 - Approving Discontinuation of Sanitary Sewer No. 518, Westwood Subdivision and Westwood Second Subdivision (Driftwood, Maywood, Sweetwood, Greenwood, & Norwood Drives and Driftwood and Redwood Courts) Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 28, 2005 Subject: Approving Discontinuation of Sanitary Sewer No. 518, Westwood Subdivision and Westwood Second Subdivision (Driftwood, Maywood, Sweetwood, Greenwood, & Norwood Drives and Driftwood and Redwood Courts) Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background Sanitary Sewer District 518 was created by the City Council on May 10, 2005. Legal notice of the creation of the Distric t was published in the Grand Island Independent on May 17, 2005. A letter was also mailed to all property owners on that date. Discussion Sanitary Sewer District 518 completed the 30-day protest period at 5:00 p.m., Thursday, June 16, 2005. There were protests filed against this District by 42 abutting property owners. These owners represented 5,281.53 front feet, or 59.24% of the total District frontage of 8,915.22 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the discontinuation Sanitary Sewer District 518. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the discontinuation of Sanitary Sewer District 518. Sample Motion Move to approve the discontinuation of Sanitary Sewer District # 518. Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-188 WHEREAS, Sanitary Sewer District No. 518 was created by Ordinance No. 8974 on May 10, 2005; and WHEREAS, notice of the creation of such Sanitary Sewer District No. 518 was published in the Grand Island Independent, in accordance with the provisions of Section 16-619 et seq., Neb. Rev. Stat. 1943; and WHEREAS, Section 16-620, Neb. R.R.S. 1943, provides that if owners of record title representing more than 50% of the front footage of the property abutting or adjoining the streets, avenues or alleys, or parts thereof to be improved in any district shall file with the City Clerk within thirty days from the first publication of said notice written objections to the sanitary sewer district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, protests were filed with the City Clerk against the creation of Sanitary Sewer District No. 518 by abutting property owners representing 59.24% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests having been filed with the City Clerk against the creation of Sanitary Sewer District No. 518, such district should not be continued and the ordinance which created said district shall be repealed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-189 - Approving Contract for Architectural Services Design for Fire Station Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Jim Rowell, Fire Chief Meeting: June 28, 2005 Subject: Approving Contract for Architectural Services Design for Fire Station Item #’s: G-15 Presenter(s): Douglas R. Walker, City Attorney Jim Rowell, Fire Chief Background The City Council has approved the replacement of Fire Station No. 1 with a new facility to be located on property being donated by Fonner Park. As part of the process for building a new fire station, the City of Grand Island published a Request for Proposals for architectural services and has interviewed the finalist architecture firms and has begun negotiations for architectural services to design the new fire station. Discussion The City Council has before it a contract for retaining the services of Cannon, Moss, Brygger & Associates, P.C., to design a new fire station at Fonner Park. The contract that has been negotiated and is before the Council for approval contains the provisions that are necessary for designing a fire station building and has been negotiated by the city’s Fire Department representatives and by the City Attorney’s Office. We are recommending approval of this contract because we believe it will accomplish the design of the fire station to enable the city to go out for bids and that the architectural services set forth in the agreement at a reasonable price. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the contract to retain Cannon, Moss, Brygger & Associates, P.C., to design the new fire station. 2. Deny the proposed contract. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends tha t the Council approve the contract between the City of Grand Island and Cannon, Moss, Brygger & Associates, P.C. for designing the new fire station. Sample Motion Motion to approve the contract with Cannon, Moss, Brygger & Associates, P.C. for designing the new fire station. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ARCHITECTURAL SERVICES DESIGN FOR FIRE STATION RFP DUE DATE: April 29, 2005 at 3:00 p.m. DEPARTMENT: Fire PUBLICATION DATE: March 31, 2005 NO. POTENTIAL BIDDERS: 24 SUMMARY OF PROPOSALS RECEIVED Cannon Moss Brygger & Associates/ Stewart Cooper Newell Architects Grand Island, Nebraska/Gastonia, NC BKV Group/ RDG Victor Aufdemberge Architecture/Prochaska & Associates Minneapolis, MN/Arlington Heights, Ill Grand Island, Nebraska/Omaha, Nebraska Richard E. Willis & Associates HGM Associates Inc. Grand Island, NE Omaha, NE cc: Jim Rowell, Fire Chief Curt Rohling, Division Chief Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P991 Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-189 WHEREAS, the City of Grand Island invited proposals for Architectural Services – Design of a Fire Station in accordance with a Request for Proposal on file with the Fire Department; and WHEREAS, on April 29, 2005, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, presentations were made by each of the companies that submitted a proposal for the project; and WHEREAS, Cannon, Moss, Brygger & Associates, P.C., of Grand Island, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code; and WHEREAS, as a result of negotiations, it is recommended that the firm of Cannon, Moss, Brygger & Associates, P.C., be retained to provide architectural services for the design of a replacement Fire Station No. 1 for the compensation set forth in the agreement; and WHEREAS, a contract for such services has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Cannon, Moss, Brygger & Associates, P.C. of Grand Island, Nebraska, is hereby approved for architectural services for the design of a replacement Fire Station No. 1 for the compensation set forth in the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-190 - Approving Subordination Agreement for CDBG Home Located at 915 East 6th Street. (Alfred & Panchita Portillo) Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: June 28, 2005 Subject: Subordination Agreement for House Purchased under CDBG Down Payment Assistance Program Item #’s: G-16 Presenter(s): Joni Kuzma, Community Development Specialist Background The City of Grand Island has a real estate lien on property owned by Alfred & Panchita Portillo at 915 E. 6th Street, in the amount of $24,500.00. This lien is a result of the City Down Payment Assistance Program. On January 2, 1997, down payment funds in the amount of $24,500.00 were loaned to Alfred & Panchita Portillo, a married couple, to assist in the purchase of a home in the Community Development Block Grant Project area. The legal description is: Lot Three (3), Block Five (5), Evan’s Addition to the City of Grand Island, NE, a/k/a/ 905 E. 6th Street. The owners are requesting permission to combine their first and second mortgage at a lower interest rate, which will save the homeowner over $250 per month in house payments. Discussion The City’s current real estate lien is junior in priority to a Deed of Trust to Wells Fargo Home Mortgage in the amount of $42,933 and in front of a Deed of Trust to Beneficial Finance in the amount of $32,507. These two amounts will be combined into a single loan to which the City will subordinate. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender; The Mortgage Authority Inc., has asked the City to subordinate its real estate lien to the new Deed of Trust. The new appraised value of the property is $90,000 and is sufficient to secure the refinanced loan of $80,000 and the remaining 20% of the City’s loan. The City’s loan of $24,500 will be forgiven if the original owners of the property (Alfred & Panchita Portillo) reside in the house for a period of 10 years from the date of purchase which was January 2, 1997. The Portillo’s have two years left on their loan with the City. Approval of the proposed Subordination Agreement, placing the City in the junior position to the new Deed of Trust, is recommended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Agreement 2. Disapprove or /Deny the Subordination Agreement 3. Modify the Subordination Agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the proposed Subordination Agreement, placing the City’s lien in the junior position to the new Deed of Trust. Sample Motion Approve the Subordination Agreement with The Mortgage Authority, Inc. placing the City in the junior position to the new Deed of Trust. Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-190 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated January 2, 1997 and recorded on January 3, 1997 as Instrument No. 97-100085, in the amount of $24,500.00, secured by property located at 915 E. 6th Street and owned by Alfredo V. Portillo and Panchita Portillo, husband and wife, said property being described as follows: Lot Three (3), Block Five (5), Evan's Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, Alfredo and Panchita Portillo wish to execute a Deed of Trust and Note in the amount of $80,000 with The Mortgage Authority, Inc. to be secured by the above-described real estate; and WHEREAS, the new lender, The Mortgage Authority, Inc., Beneficiary, wishes to extend the new loan secured by a Deed of Trust conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure these loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deed of Trust from Alfredo V. Portillo and Panchita Portillo, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of The Mortgage Authority, Inc., Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-191 - Approving Interlocal Agreement with Community Redevelopment Authority Tuesday, June 28, 2005 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: June 28, 2005 Subject: Approving Interlocal Agreement with the Community Redevelop Authority Item #’s: G-17 Presenter(s): Douglas R. Walker, City Attorney Background Earlier this year discussions took place regarding the administration of the Grand Island Community Redevelopment Authority. The Community Redevelopment Authority has decided to request that the city provide administration services for the CRA beginning July 1, 2005, through September 30, 2006. The Interlocal Agreement has been prepared to enable the city to provide these services for the CRA. Discussion The City is proposing an Interlocal Agreement to the CRA to provide services of an administrative nature to enable the CRA to accomplish its purposes. The agreement is that the City will supply a director to provide administrative services and devote 10% of his or her time as the director of the CRA. The CRA is to reimburse the City for 10% of the Director’s annual salary and benefits and also 10% of the Planning secretary’s total annual salary and benefits as determined by the Grand Island Salary Ordinance in effect on the date of the execution of the agreement. The agreement further provides that the City Finance Director will serve as treasurer of the CRA as required by the Nebraska Statutes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Interlocal Agreement to provide administrative services to the Community Redevelopment Authority. 2. Do not approve the Interlocal Agreement. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Interlocal Agreement to provide administrative services for the Community Redevelopment Authority be approved. Sample Motion Motion to approve the Interlocal Agreement to extend administrative services to the Community Redevelopment Authority. INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is made pursuant to the Nebraska Interlocal Cooperation Act (the “Act”) by and between the City of Grand Island, Nebraska (the “City”) and the Community Redevelopment Authority of the City of Grand Island, Nebraska (the “Authority”) with respect to the following facts: 1. The City is a city of the first class and a public agency within the meaning of the Act; and 2. The Authority is a community redevelopment authority duly created by the City and is a public agency within the meaning of the Act; and 3. The City and the Authority desire to enter into an agreement whereby the Authority will reimburse the City related to the performance of services by whomever the City Administrator shall designate, as Director for the Authority. NOW, THEREFORE, in consideration of the foregoing facts, the terms and conditions of the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Authority agree as follows: 1. The City and the Authority specify the following pursuant to Section 3 of the Act: a. The duration of this Agreement is for the period beginning on July 1, 2005 and ending September 30, 2006; thereafter, the Agreement shall automatically renew for successive one year terms beginning each October 1st until terminated as provided in this Agreement. b. No separate legal or administrative entity is created by this Agreement. c. The purpose of this Agreement is to provide for reimbursement by the Authority to the City for certain services provided by whomever the City Administrator shall designate, as Director of the Authority (“Director”). d. The obligations of the City and the Authority pursuant to this Agreement shall be financed pursuant to their general budgets. No additional budgets or financing shall be required. e. This Agreement may be terminated at any time by either party upon 30 days prior written notice to the other party. All facilities and equipment provided by the City and used by the Director for the benefit of the Authority shall remain the property of the City upon termination of this Agreement. If termination occurs on any day other than the last day of the month, the monthly reimbursement payable to the City by the Authority 2 pursuant to this Agreement for the month of termination shall be prorated based on the number of days in the month of termination during which this Agreement is in effect. f. (1) The City agrees that the Director will spend, during the term of this Agreement, approximately ten percent (10%) of his or her time, more or less, as Director of the Authority. The City further agrees that the Director may use the physical office provided to him or her by the City, together with equipment, supplies and services (such as telephone and utilities) provided in connection with his or her office for his or her services as Director of the Authority. Neither the City nor the Director shall be obligated to record or maintain records of the actual allocation of his or her time or of the equipment, supplies and services provided in connection therewith, as between the City and the Authority. (2) In consideration of the provision of the services of the Director, and the related provision of the use of his or her office and of equipment, supplies and services in connection therewith, the Authority shall reimburse to the City a sum equal to ten percent (10%) of the Director’s total annual salary and benefits and ten percent (10%) of the Planning secretary’s total annual salary and benefits, as determined by the City of Grand Island Salary Ordinance in effect on the date of this Agreement, and on the first day of October for each subsequent year. All reimbursements due under this provision are to be made in equal quarterly installments due on the last day of the quarter. (3) CRA shall also reimburse the City for expenses directly attributable to the operation of the CRA. These expenses shall include, but not be limited to, publication expenses, such as legal notices, office supplies and postage, travel expenses and all other line item expenditures set forth in the CRA budget. g. The City Finance Director will serve, as provided by Neb. Rev. Stat., §18- 2102.01(7), as Ex-Officio Treasurer of the Authority, at no additional compensation. The City agrees that but for equipment and supplies unique to the Authority, that the physical office, equipment, supplies and services provided in connection with his or her services as Ex-Officio Treasurer of the Authority, is also at no additional compensation. 2. The City and the Authority specify the following pursuant to Neb. Rev. Stat. §18- 2102.01(4): a. This Agreement shall be administered by the members of the Authority and the Mayor and Council of the City. 3 b. The office and equipment shall remain the property of the City. Supplies and services provided to the Authority shall become the property of the Authority as and when used by the Authority. No other property shall be conveyed or transferred as between the City and the Authority in connection with this Agreement. c. This Agreement shall not relieve either the City or the Authority of any obligations imposed on it by law. This Agreement shall be governed by the laws of the State of Nebraska. This Agreement is entered into strictly for the benefit of the parties hereto and shall not inure to the benefit of or create rights in favor of any third party. This Agreement shall be effective upon approval by the members of the Authority and by the Mayor and Council of the City. IN WITNESS WHEREOF, the City and the Authority hereby execute this Agreement by their duly authorized officers as of the date written below. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor Approved as to form by City Attorney ________ Approved by Resolution 2003-________ Attest: COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA, ________________________________ By:_________________________________ Secretary , Chairperson STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2005, by Jay Vavricek, Mayor on behalf of the City of Grand Island, Nebraska, a municipal corporation. ___________________________________ Notary Public 4 STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 2005, by ____________________, on behalf of the Community Redevelopment Authority of the City of Grand Island, Nebraska.. ____________________________________ Notary Public Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-191 WHEREAS, the City Council for the City of Grand Island, Nebraska, enacted Ordinance No. 8021 on June 27, 1994, creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the provisions of Neb. Rev. Stat.§18-2101, et seq.; and WHEREAS, Ordinance No. 8021 was incorporated into the Grand Island City Code in Article XI. of Chapter 2; and WHEREAS, Section 2-123 of the Grand Island City Code states that the City Administrator shall select a person to serve as the Director and Ex Officio Secretary of the Community Redevelopment Authority to perform the necessary administrative functions described in Neb. Rev. Stat. §18-2101, et seq.; and WHEREAS, an Interlocal Agreement between the City of Grand Island and the Community Redevelopment Authority of the City of Grand Island, Nebraska, has been prepared to provide for the designation of a City employee as the Director of the Community Redevelopment Authority and to provide for reimbursement by the Community Redevelopment Authority to the City for the services provided; and WHEREAS, said Interlocal Agreement also provides for the appointment of the City Finance Director as Ex-Officio Treasurer of the Community Redevelopment Authority as required by state law, at no additional compensation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City and the Community Redevelopment Authority of Grand Island, Nebraska, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Interlocal Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item G18 #2005-192 - Approving Change Order No. 7 to the Contract with Starostka Group for Grand Generation Center Renovation and Expansion Project Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Specialist Council Meeting: June 28, 2005 Subject: Change Order #7 Grand Generation Center Item #’s: G-18 Presenter(s): Joni Kuzma, Community Development Specialist Background The City of Grand Island is the owner of record of the building occupied by Senior Citizen Industries, Inc, located at 304 East 3rd Street. In July 2004, the City awarded a contract in the amount of $615,985.00 to Starostka Group Unlimited for the expansion and renovation of the Center. The City received a Community Development Block grant in the amount of $350,000 to assist in this expansion and renovation. At the October 26, 2004 meeting of the City Council, Change Order #1 was approved in the amo unt of $17,524.25 for removal of miscellaneous debris found under the footings during the redigging for the laying of the foundation. Change Order #2 was approved at the Dec. 21, 2004 Council meeting to decrease the amount of the contract by $29,992.00 for the deduction of the Fire Sprinkler system and allow a 45 day time extension for completion. Change Order #3 was approved at the January 25, 2005 to decrease the contract sum by $2,000 from a Home Depot gift applied to contractor supply purchases. Change Order #4, approved February 22, 2005, increased costs by $4,940 for a revision of Footings and Foundations, which includes additional work needed in the Kitchen Work Room and the addition of two receptacles on the east side of the center wall of the kitchen. On March 22, 2005, Council approved Change Order #5 for a variety of electrical conduit additions and addition of a fire extinguisher cabinet. On April 26, Council Approved Change Order #6 for $5,065.00 to reflect a base amount of $614,153.75, an amount less than the original contracted base bid. Discussion Change Order #7 provides for a variety of additions and changes approved by the Grand Generation Center Board of Directors. With Council approval, the contract amount of $614,153.75 will be increased by $2,426.00. The new contract amount will be $616,579.75 and will be assumed by the Grand Generation Center as their cost. Since the City owns the building and the original contract was signed by the City, Change Order #7 is being submitted to the City for their approval. The contract termination date for this project is July 9, 2005. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve Change Order #7. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that the Council approve Change Order #7. Sample Motion Motion to approve Change Order #7 to the contract with Starostka Group Unlimited on the expansion and renovation of the Senior Citizens Industries, Inc. Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-192 WHEREAS, on July 13, 2004, by Resolution 2004-166, the City Council of the City of Grand Island awarded the bid for the addition and renovation of the Grand Generation Center at 304 East Third Street to Starostka Group, Inc. of Grand Island, Nebraska; and WHEREAS, on October 26, 2004, by Resolution 2004-274, the City Council of the City of Grand Island approved Change Order No. 1 for such project to authorize the removal of miscellaneous debris found under the footings; and WHEREAS, on December 21, 2004, by Resolution 2004-322, the City Council of the City of Grand Island approved Change Order No. 2 for such project to extend the base bid contract completion date to February 26, 2005 and to transfer the costs of the fire sprinkler system to a separate contract; and WHEREAS, on January 25, 2005, by Resolution 2005-24, the City Council of the City of Grand Island approved Change Order No. 3 decreasing the contract sum by $2,000 due to a Home Depot gift applied to contractor supply purchases; and WHEREAS, on February 22, 2005, by Resolution 2005-55, the City Council of the City of Grand Island approved Change Order No. 4 increased the contract sum by $4,940 for a revision of footings and foundations including additional kitchen work; and WHEREAS, on March 22, 2005, by Resolution 2005-86, the City Council of the City of Grand Island approved Change Order No. 5 for a variety of electrical conduit additions and a fire extinguisher cabinet increasing the contract by $2,631.50; and WHEREAS, on April 26, 2005, by Resolution 2005-133, the City Council of the City of Grand Island approved Change Order No. 6 for additional electrical work increasing the contract by $5,065.00; and WHEREAS, additional work as set out in Change Order No. 7 is necessary which will increase the contract by $2,426.00 for a total adjusted contract amount of $616,579.75. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 7 between the City of Grand Island and Starostka Group, Inc. of Grand Island, Nebraska, to increase the contract amount by $2,426.00 for a variety of additions and changes as set out in such change order. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2005. Approved as to Form ? _______________ June 23, 2005 > City Attorney - 2 - _______________________________________ RaNae Edwards, City Clerk Item I1 #2005-193 - Consideration of Economic Development Incentive Agreement with Westward Airways, Inc. Tuesday, June 28, 2005 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: June 28, 2005 Subject: Approving Economic Development Incentive Agreement with Westward Airways, Inc. Item #’s: I-1 Presenter(s): Douglas R. Walker, City Attorney Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the city to extend economic development incentives through the Grand Island Economic Development Corporation. The Economic Development Corporation has received an application from Westward Airways, Inc. for economic development incentives to enable it to provide air service to Kansas City and Lincoln, Nebraska, from the Hall County Regional Airport. Discussion Westward Airways has submitted an application (attached) for economic development incentives, which would be in the amount of $120,000.00. These incentives would be paid at a rate of $10,000 per month and would be billed after the air service was delivered each month for a twelve month period. Westward Airways is agreeing to provide eastbound air service from the Hall County Regional Airport to Kansas City, Missouri and to Lincoln, Nebraska. As part of the process of approving an application, the application needs to first be approved by the Executive Board of the Economic Development Corporation and by the Citizens Review Committee. Both the Economic Development Corporation Executive Board and the Citizens Review Committee have approved this application and is now being forwarded to the City Council for final consideration. At the Citizens Review Committee meeting held on June 21, 2005, the City Attorney advised the Citizen’s Review Committee that he was not recommending extending LB840 funds to Westward Air. The City Attorney’s concern was that this corporation did not clearly fit under the qualifying business categories as set forth in Article IV of the Economic Development Plan. Concerns were also raised about whether the extension of incentives would be to a business that would meet the objectives in Article II of the plan to create jobs at or above the average wage and benefits in the community and to encourage investments in fixed assets that would increase the valuation in the community. Legal counsel for the Airport Authority and the EDC ha ve given opinions indicating that they believe that Westward Air would be a qualifying business under category number 4 in Section IV as a business that sells services in interstate commerce. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with Westward Airways, Inc. 2. Do not approve the Economic Development Agreement with Westward Airways, Inc. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration has several concerns about the application in question. Summarily, the following issues are not resolved to an appropriate level: · DOT funding has not been secured for this project. · The project does not effectively meet the objectives of creating jobs or providing investments as required in Article II of the Communities LB840 Plan. · The long term viability of the project is questionable. · There seem to be a shortage of private investment/support from the business that will benefit most directly. It appears that this project would be beneficial to boardings for the airport, which is a great benefit to the Hall County Airport Authority. A resolution and contract to approve the project is attached. It is recommended that the aforementioned concerns be addressed before the project is approved. OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITIZENS’ REVIEW COMMITTEE June 21, 2005 Pursuant to due call and notice thereof, a Regular Meeting of the Citizens’ Review Committee (CRC) of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on June 21, 2005. Notice of the meeting was given in the Grand Island Independent on June 15, 2005. Chairman Tim White called the meeting to order at 8:00 a.m. The following board members were present: Tim White, Ed Armstrong, Lisa Willman, Dehn Renter, Dan Eakes, and Mark Stelk. Board member Bill Thiemann was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, and City Attorney Doug Walker APPROVAL OF MINUTES. Motion was made by Armstrong, second by Willman to approve the minutes of the February 15, 2005 CRC meeting. Motion adopted unanimously. REVIEW OF LB-840 APPLICATION – WESTWARD AIRWAYS, INC.: Marlan Ferguson, Grand Island Economic Development (EDC) President reported on the Westward Airways, Inc. application. Mr. Ferguson stated east and west air service had been a top priority for many years. The request was for $120,000 matching funds. The Grand Island Area Economic Development Corporation Executive Committee approved utilizing LB-840 funds of $120,000 to match a federal grant of $380,000 for start up costs and promotional activities for east bound air service to Lincoln and Kansas City. Mr. Ferguson mentioned that additional boarding’s would assist the Airport Authority in reaching the 10,000 enplanements which were needed to secure 1 million dollars of federal funds for airport improvements. Also mentioned was a survey done by the EDC which showed support for this project. Eldon Anthony, President of Westward Airways, Inc. explained that a Pilatus PC-12 airplane would be used that would seat 9 passengers. Also explained were the areas that Westward Airways served, benefits to the City, and job creation of 6 positions. Discussion was held with regards to departure and arrival times with connecting flights, usage of this service, fuel costs, and ticket prices. Ken Caldwell, Chairman of the Hall County Airport Authority explained the DOT support for LB-840 funds. Also mentioned were the infrastructure improvements at the airport. Discussed was the importance of the 1 million dollar matching funds which would benefit the City. Page 2, Citizens’ Review Committee, June 21, 2005 Doug Walker, City Attorney commented on a report submitted to the committee concerning the eligibility of this business for economic development funding. He felt the purpose of this committee was to fund businesses which would create jobs for the community and that this application was a subsidy for Westward Airways, Inc. Marlan Ferguson, EDC President stated the state statute was broad and would allow for this type of application. Curtis Greiss, 26 Kuester Lake and Ron Depue, Attorney for Hall County Airport Authority spoke in support of this application. Renee Seifert, Hall County Convention Visitor’s Bureau spoke concerning the opportunities and events within the community and supported this application. Gary Greer, City Administrator commented on a question from the Board with regards to the City Attorney’s opinion. He stated the board needed to weigh all the facts and make a decision on what was presented at this meeting. Cindy Johnson, President of the Chamber of Commerce spoke with regards to the cost of doing business and the impact this application would have on other businesses. Motion was made by Armstrong, second by Renter to approve the application of Westward Airways, Inc. for $120,000 of LB-840 funds. Upon roll call vote, Willman, Eakes, Stelk, Armstrong, and Renter voted aye. White abstained. Thiemann was absent. Motio n adopted. ADJOURNMENT: The meeting was adjourned at 9:25 a.m. RaNae Edwards City Clerk Approved as to Form ¤ ___________ June 23, 2005 ¤ City Attorney R E S O L U T I O N 2005-193 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, Westward Airways, Inc., a Nebraska corporation, has applied for a forgivable loan in the amount of $120,000 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program to match a federal grant of $380,000 for start up costs and promotional activities; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on June 21, 2005 by the Citizens Advisory Review Committee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Westward Airways, Inc., a Nebraska corporation, to provide $120,000 in economic assistance through a forgivable loan to Westward Airways, Inc., to be used as a match for a federal grant in the amount of $380,000 for start up costs and promotional activities to provide eastbound flight service from 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, June 28, 2005. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of June 15, 2005 through June 28, 2005 The Claims for the period of June 15, 2005 through June 28, 2005 for a total amount of $2,080,297.27. A MOTION is in order. Tuesday, June 28, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council