07-12-2005 City Council Regular Meeting PacketCity of Grand Island
Tuesday, July 12, 2005
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
Fred Whitesides
City of Grand Island City Council
Call to Order
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
Invocation - Pastor Russell Wolf, United Penticostal Church, 515 South Oak 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 Acquisition of Tracts of Right-of-Way and
Permanent Easements along Capital Avenue between the Moores
Creek Drain and Webb Road for Street Widening Project
Tuesday, July 12, 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: July 12, 2005
Subject: Public Hearing to Acquire Tracts of Right-of-Way and Permanent
Easements Along Capital Avenue Between Moores Creek Drain and
Webb Road for Capital Avenue Widening; Project 2005-P-2
Item #’s: E-1 & G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is necessary for the City of Grand Island to acquire public Right-of-Way.
Discussion
Capital Avenue from the Moores Creek Drainway (located west of the Dairy Queen) to Webb Road will
be widening to accommodate increased traffic volumes anticipated in this area. In conjunction with this
widening project, the acquisition of additional right-of-way will be required.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Make a motion to approve acquisition of the proposed tracts of land..
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 conduct a Public Hearing and approve the acquisition
of the tracts of land.
Sample Motion
Approve the acquisition of the tracts of land along Capital Avenue.
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 (Second Reading)
Tuesday, July 12, 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: July 12, 2005
Subject: Annexation
Item #’s: F-1 (Second Reading)
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.
Approved as to Form ¤ ___________
July 7, 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; and
WHEREAS, on June 28, 2005, the City Council of the City of Grand Island
approved such annexation on first reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
* This Space Reserved For Register of Deeds *
ORDINANCE NO. 8982 (Cont.)
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(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.)
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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.)
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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.
ORDINANCE NO. 8982 (Cont.)
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Approved July 12, 2005 (on second reading).
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8985 - Consideration of Creation of Street Improvement District
No. 1256, Widening of Capital Avenue from the Moores Creek
Drain to Webb Road
Tuesday, July 12, 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: July 12, 2005
Subject: Consideration of Creation of Street Improvement District
No. 1256; Widening of Capital Avenue from the Moores
Creek Drain to Webb Road
Item #’s: F-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is needed to create a Street Improvement District. If the District is created,
a notice will be mailed to all affected property owners and a 20-day protest period will
begin. If the district passes the protest and the council continues the district, plans will be
prepared and the City will bid, construct, and levy special assessments for the work if the
district passes the protest period.
Discussion
The District will consist of widening Capital Avenue from the Moores Creek Drain to Webb
Road. The proposed district is an upgrade to a multi-lane concrete curb and gutter roadway with
storm sewer. A width of 41’ or no more than 20%, will be assessed to benefiting properties, with
the remainder paid with federal funds.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the creation of Street Improvement District 1256.
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 creation of Street Improvement
District 1256; Capital Avenue from the Moores Creek Drain to Webb Road. A ten (10) year
assessment period is recommended.
Sample Motion
Approve the creation of Street Improvement District 1256.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
ORDINANCE NO. 8985
An ordinance to create Street Improvement District No. 1256; to define the
boundaries of the district; to provide for the improvement of a street within the district by
paving, curbing, guttering, storm drainage, sidewalks, and other incidential work in connection
therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and
to provide the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1256 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
Beginning at the northeast corner of Section 12-11-10; thence south on the east
line of Section 12-11-10 for a distance of Three Hundred Forty (340.0) feet;
thence west on a line Three Hundred Forty (340.0) feet south of and parallel to the
north line of Section 12-11-10 to a point Eighty (80.0) feet west of the west line
of the Northeast Quarter of Section 12-11-10; thence north on a line Eighty (80.0)
feet west of and parallel to the west line of the Northeast Quarter of Section 12-
11-10 and the Southeast Quarter of Section 1-11-10 for a distance of Six Hundred
Eighty (680.0) feet; thence east on a line Three Hundred Forty (340.0) north of
· This Space Reserved for Register of Deeds ·
ORDINANCE NO. 8985 (Cont.)
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and parallel to the south line of Section 1-11-10 to a point on the east line of Saint
Patrick Avenue; thence south on the east line of Saint Patrick Avenue to a point
Two Hundred Seventy Four and Twenty Three Hundredths (274.23) feet north of
the north line of Capital Avenue; thence east on a line Two Hundred Seventy Four
and Twenty Three Hundredths (274.23) feet north of and parallel to the north line
of Capital Avenue to the east line of Lemke Subdivision; thence north on the east
line of Lemke Subdivision to a point Three Hundred Forty (340.0) feet north of
the south line of Section 1-11-10; thence east on a line Three Hundred Forty
(340.0) feet north of and parallel to the south line of Section 1-11-10 to the east
line of Section 1-11-10; thence south on the east line of Section 1-11-10 for a
distance of Three Hundred Forty (340.0) feet to the point of beginning, as shown
on the plat dated June 27, 2005, marked Exhibit 'A", attached hereto and
incorporated herein by reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Capital Avenue, from the Moore's Creek Drainway east to Webb Road in the City
of Grand Island, Hall County, Nebraska.
Said improvements shall be made in accordance with plans and specifications
approved by the Engineer for the City of Grand Island.
SECTION 4. All improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
ORDINANCE NO. 8985 (Cont.)
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Enacted: July 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8986 - Consideration of Lease-Purchase Agreement with the
Grand Island Facilities Corporation and Authorizing the
Execution of Documents for the Library Expansion
Tuesday, July 12, 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: July 12, 2005
Subject: Consideration of Lease Purchase Agreement with the
Grand Island Facilities Corporation and Authorizing the
Execution of Documents for the Library Expansion
Item #’s: F-3
Presenter(s): Douglas R. Walker, City Attorney
Background
The City Council has established the Grand Island Facilities Corporation, which is a non-
profit entity to assist the city in issuing bonds to enable the construction of municipal
fa cilities. The Grand Island Facilities Corporation has entered into negotiations with Mid
Plains Construction for a design/build contract to construct the addition on the Grand
Island city library and has concluded an agreement for the design/build services for the
new library addition. As part of the process of proceeding with the library project with
the Facilities Corporation, a lease purchase agreement is needed between the City of
Grand Island and the Facilities Corporation which will obligate the city to make lease
payments for the period of the bonded indebtedness so that the expansion of the library
can be built.
Discussion
The proposed ordinance would authorize the City of Grand Island to enter into a lease
purchase agreement with the Grand Island Facilities Corporation which would enable it
to proceed with the plans for constructing the addition to the city library and to enter into
other documents necessary to proceed with the library project. Prior to the issuance of
any bonds, there would be an addendum to this Lease Purchase Agreement which would
set forth the specific amount of the payments for the bonded indebtedness and at that time
there would also be a final trust security agreement as well. If the Council approves the
Lease Purchase Agreement this will enable the city to proceed with securing a tax exempt
status for the project which would save a substantial amount of money in sales taxes on
the materials going into the project. Also included in the Council packet is a copy of the
Design/Build Contract between the Facilities Corporation and Mid Plains Construction
and a copy of the Lease Purchase Agreement that has been prepared by Richard
Pedersen, who is the city’s bond counsel. Mr. Pedersen has also prepared a preliminary
Trust Indenture Agreement which is available in the City Clerk’s Office for inspection.
This agreement was not included in your Council packet because it is voluminous and
because the final amounts will not be included in the agreement until the city knows the
final terms of the Bond Issue for the Library Project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the ordinance which would authorize the execution and
delivery of a Lease Purchase Agreement with the Grand Island Facilities
Corporation and other related documents.
2. Not approve the ordinance.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the ordinance that would
authorize the execution and delivery of a Lease Purchase Agreement with the Grand
Island Facilities Corporation and other related documents.
Sample Motion
Motion to suspend the rules for three separate readings and to approve the ordinance.
Ordinance No. 8986
AN ORDINANCE PROVIDING FOR THE PURCHASE AND LEASING OF AN ADDITION
TO THE EXISTING LIBRARY FOR THE CITY OF GRAND ISLAND; AUTHORIZING
EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT WITH GRAND
ISLAND FACILITIES CORPORATION, RELATING TO THE CONSTRUCTION AND
ACQUISITION OF SAID ADDITION FOR USE BY THE CITY OF GRAND ISLAND,
NEBRASKA; APPROVING THE EXECUTION OF DOCUMENTS WITH RESPECT TO SAID
LEASE-PURCHASE AGREEMENT; PROVIDING FOR THE ACCEPTANCE OF TITLE, FOR
THE APPROVAL OF AN APPRAISAL AND FOR THE HOLDING OF A HEARING;
APPROVING THE TERMS OF A TRUST INDENTURE AND SECURITY AGREEMENT;
MAKING CERTAIN DETERMINATIONS WITH RESPECT TO BONDS TO BE ISSUED
UNDER SUCH INDENTURE; AND PROVIDING FOR THE PUBLISHING OF THIS
ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA (the “City”) as follows:
Section 1. The Mayor and Council hereby find and determine: that the City is in need of
additions and improvements to its existing library facilities (the “Project”); that Grand Island
Facilities Corporation (the “Corporation”) has been formed under the Nebraska nonprofit
corporation laws for the purposes of acquiring real and personal property and leasing the same to
the City and has offered to enter into a Lease-Purchase Agreement with the City whereby the City
may acquire the Project to be built in accordance with specifications approved by the Mayor and
Council, all pursuant to the provisions of Section 19-2421, R.R.S. Neb. 1997; that the documents
necessary for such purposes have been prepared and said documents should be approved and their
execution authorized.
Section 2. The City of Grand Island shall enter into the Lease-Purchase Agreement (to be
dated as of the date of its execution and delivery) with the Corporation and whereby the Corporation
will construct and acquire the Project in accordance with specifications approved or to be approved
by the Mayor and Council of the City (with the schedule of basic rental payments relating to the
leasing and acquisition of the Project to be set forth in an addendum to be approved by subsequent
resolution of the Mayor and Council) and that the Lease-Purchase Agreement in the form presented
at this meeting is hereby approved.
Section 3. The Mayor and City Clerk of the City be and they are hereby authorized and
directed to execute and deliver on behalf of the City the Lease-Purchase Agreement, including any
necessary counterparts, in substantially the form and content as presented to this meeting, but with
such changes or modifications therein as to them seem necessary, desirable or appropriate on behalf
of the City; and said Mayor and City Clerk are further authorized and directed to execute and
deliver any other documents or certificates and to do all other things necessary or appropriate in
connection with the Lease-Purchase Agreement.
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Section 4. The Mayor and Council hereby confirm approval of the formation of Grand
Island Facilities Corporation, including the Articles of Incorporation and Bylaws thereof and the
five directors thereof; and further approve the form of the Trust Indenture and Security Agreement
(the “Indenture”) from the Corporation in favor of a trustee to be designated by the Corporation,
under which Building Bonds (Library Project), Series 2005, in the aggregate principal amount of
not to exceed $7,000,000 (the “Building Bonds”) are to be issued, and the City hereby approves the
issuance of the Building Bonds, in such principal amount and bearing interest and maturing as shall
be set forth in the Indenture, subject to the setting of such terms by the Corporation in connection
with the sale of said bonds to Ameritas Investment Corp. (the “Underwriter”) in accordance with the
terms of a Bond Purchase Agreement to be entered into (the “Bond Purchase Agreement”), at the
price to be determined by agreement between the Corporation and the Underwriter. The Mayor is
hereby further authorized to sign the approval form on the Bond Purchase Agreement on behalf of
the City and to approve at the time of closing of the purchase of the Building Bonds the final form
of the Indenture.
Section 5. In connection with the execution and delivery of the Lease-Purchase Agreement
and the issuance by the Corporation of the Building Bonds, the following determinations and
approvals are hereby made by the Mayor and Council:
(a) The City hereby declares, as provided in the Agreement, that it will take
title to the Project (including any subsequent additions) when the Building Bonds are
discharged.
(b) The designation in the Indenture of the City’s Library Director (with the
City Finance Director as Alternate) to act as Project Manager (as defined in the
Indenture) is hereby approved.
(c) Prior to the issuance of the Building Bonds and the delivery of any
addendum committing the City to make set rental payments, there shall be placed on
file with the City Clerk an appraisal report for the Project prepared by a certified
appraiser in accordance with Section 13-403, R.R.S. Neb. 1997.
(d) Prior to the issuance of the Building Bonds and the delivery of any
addendum committing the City to make set rental payments, a public hearing shall
be held in accordance with Section 18-1755, R.R.S. Neb. 1997, and the City Clerk is
hereby directed to set the time for such hearing and publish notice thereof.
Section 6. The Mayor and Council hereby state that it is the intention of the City that
interest on the Building Bonds issued by the Corporation shall be excludable from gross income
under the federal income tax by virtue of Section 103 of the Code and Revenue Ruling 63-20 and
Revenue Procedure 82-26 of the Internal Revenue Service and the Mayor and Council hereby
authorize the Mayor, the City Clerk and the City Treasurer (Finance Director) (or any one of more
of them) to take all actions necessary or appropriate to carry out said intention and for obtaining
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such interest exclusion. The City hereby covenants with the Corporation for the benefit of the
purchasers and holders of the Building Bonds that it will make no use of the proceeds of said issue,
including monies held in any sinking fund for the payments to be set forth in the Lease-Purchase
Agreement or for principal and interest on the Building Bonds, which would cause the Building
Bonds to be arbitrage bonds within the meaning of Section 103 and 148 and other related sections
of the Code and further covenants to comply with said Sections 103 and 148 and related sections
and all applicable regulations thereunder throughout the term of said issue, including all
requirements with respect to reporting and payment of rebates, if applicable. The Building Bonds,
as issued on behalf of the City, subject to issuance and delivery thereof by the Corporation, are
hereby designated by the City as “qualified tax-exempt obligations” under
Section 265(b)(3)(B)(i)(III) of the Code and the City in connection with entering into the Lease-
Purchase Agreement hereby covenants and warrants that it does not anticipate issuance directly by it
or on its behalf of tax-exempt bonds or other tax-exempt interest bearing obligations in an amount
exceeding $10,000,000 in calendar 2005 (taking into consideration the exception for current
refunding issues).
Section 7. The Mayor and Council hereby authorize the Mayor to approve the preliminary
and final Official Statement for the Building Bonds with appropriate changes to reflect the final
terms for the Building Bonds as sold pursuant to the Bond Purchase Agreement.
Section 8. This Ordinance shall be in force and take effect from and after its publication as
provided by law.
Passed and approved this 12th day of July, 2005.
_______________________________
Mayor
_______________________________
City Clerk
DOCS/679486.2
Item F4
#8987 - Consideration of Proposed Water Rate Increase (Proposal
A, B, or C)
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: July 12, 2005
Subject: Proposed Water Rate Increase
Item #’s: F-4
Presenter(s): Gary R. Mader, Utilities Director
Background
Council considered the need to increase Water Department revenue at two Study
Sessions, during which a variety of rate structure alternatives were considered. After
evaluation, Council directed staff to prepare ordinances for implementation for two rate
structures for consideration at the July 12, 2005 Council Meeting. Subsequent to the last
Study Session, Council Member Nickerson requested that a third option be added.
Discussion
The three rate structures to be considered are:
A) Add $0.05 to each rate block up to 1500 cubic feet per month consumption
and then adjust all remaining rate blocks to provide an increase in revenue
equal to adding $0.10 to each rate block. In previous discussions, this
structure was referred to as Council #2.
B) Apply a 18% increase to all existing rate blocks, which will produce revenue
approximately equal to the other rate structures considered. In previous
discussions, this structure was referred to as Council #3.
C) Add $0.10 to each rate block of the existing rate structure. In previous
discussion, this structure was referred to as GIUD Proposed.
Each of the rate structures will provide sufficient revenue to meet the Water
Department’s immediate needs.
Attachments:
#1 Rate Structures A, B, & C
#2 Tabulation of cost comparisons of each of the three rate structures being
considered.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve one of the three ordinances
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 GIUD Proposed rate
structure. However, either of the other two rate structures being considered will provide
equivalent revenue.
Sample Motion
Motion to approve one of the Water Rate Structures.
Attachment #1
Rate Structures A, B & C
Rate per 100 cubic feet
Cubic feet per month A
Council #2
B
Council #3
C
GIUD Proposed
First 500 1.332 1.513 1.382
Next 500 0.560 0.602 0.610
Next 500 0.552
Next 2,500 0.625
Next 3,000 0.592 0.602
Next 6,000 0.572 0.530 0.549
Next 90,000 0.515 0.463 0.492
Next 100,000 0.437 0.371 0.414
Over 200,000 0.399 0.326 0.376
Monthly Minimum (500 Cu.Ft.) 6.660 7.570 6.910
Attachment #2
Consumption
Level A
(Council #2)
B
(Council #3)
C
(GIUD)
Current
1,500 $12.52 $13.84 $13.27 $11.77
50,000 $268.47 $245.64 $258.06 $208.06
1,500,000 $6,149.97 $5,086.14 $5,806.06 $4,306.06
6,000,000 $24,104.97 $19,756.14 $22,726.06 $16,726.06
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
ORDINANCE NO. 8987 [Proposal "A"]
An ordinance to amend Chapter 35 of the Grand Island City Code; to amend
Section 35-20 pertaining to water rates; to repeal Section 35-20 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 35-20 of the Grand Island City Code is hereby amended to
read as follows:
§35-30. Schedule of Rates
The rate to be charged for water furnished shall be as follows:
Monthly Billings
Cubic feet
per month
Rate per
100 cubic
feet
First 500…………………………………... $1.332
$1.282
Next 500………………………………….. 0.560
0.510
Next 500………………………………... 0.552
Next 2,500 3,000………………………... 0.625
0.502
Next 6,000………………………………... 0.572
0.449
Next 90,000………………………………. 0.515
0.392
Next 100,000……………………………... 0.437
0.314
Over 200,000…………………………….. 0.399
0.276
Monthly Minimum (500 cu.ft.)………….. 6.660
6.41*
*Plus a customer charge of $0.30 per month for unfunded federal mandates for the Clean Water Act and the City’s
backflow program, in addition to the regular rates charged for water furnished to the customer.
SECTION 2. Section 35-20 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
ORDINANCE NO. 8987 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
ORDINANCE NO. 8987 [Proposal "B"]
An ordinance to amend Chapter 35 of the Grand Island City Code; to amend
Section 35-20 pertaining to water rates; to repeal Section 35-20 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 35-20 of the Grand Island City Code is hereby amended to
read as follows:
§35-30. Schedule of Rates
The rate to be charged for water furnished shall be as follows:
Monthly Billings
Cubic feet
per month
Rate per
100 cubic
feet
First 500…………………………………... $1.513
$1.282
Next 500………………………………….. 0.602
0.510
Next 3,000………………………………... 0.592
0.502
Next 6,000………………………………... 0.530
0.449
Next 90,000………………………………. 0.463
0.392
Next 100,000……………………………... 0.371
0.314
Over 200,000…………………………….. 0.326
0.276
Monthly Minimum (500 cu.ft.)………….. 7.57
6.41*
*Plus a customer charge of $0.30 per month for unfunded federal mandates for the Clean Water Act and the City’s
backflow program, in addition to the regular rates charged for water furnished to the customer.
SECTION 2. Section 35-20 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
ORDINANCE NO. 8987 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
ORDINANCE NO. 8987 [Proposal "C"]
An ordinance to amend Chapter 35 of the Grand Island City Code; to amend
Section 35-20 pertaining to water rates; to repeal Section 35-20 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 35-20 of the Grand Island City Code is hereby amended to
read as follows:
§35-30. Schedule of Rates
The rate to be charged for water furnished shall be as follows:
Monthly Billings
Cubic feet
per month
Rate per
100 cubic
feet
First 500…………………………………... $1.382
$1.282
Next 500………………………………….. 0.610
0.510
Next 3,000………………………………... 0.602
0.502
Next 6,000………………………………... 0.549
0.449
Next 90,000………………………………. 0.492
0.392
Next 100,000……………………………... 0.414
0.314
Over 200,000…………………………….. 0.376
0.276
Monthly Minimum (500 cu.ft.)………….. 6.910
6.41*
*Plus a customer charge of $0.30 per month for unfunded federal mandates for the Clean Water Act and the City’s
backflow program, in addition to the regular rates charged for water furnished to the customer.
SECTION 2. Sectio n 35-20 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
ORDINANCE NO. 8987 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of June 28, 2005 City Council Regular Meeting
The Minutes of June 28, 2005 City Council Regular Meeting are submitted for approval. See
attached MINUTES.
Tuesday, July 12, 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 28, 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 28, 2005. Notice of the meeting was given in the Grand Island Independent on
June 22, 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
Director Steve Riehle, and City Attorney Doug Walker.
INVOCATION was given by Pastor David Zellmer, Messiah Lutheran Church, 708 North
Locust Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the Federal Emergency
Manageme nt Administration (FEMA) located here at City Hall to assist in the flood of May 11-
12, 2005. Also mentioned was the Bonus Assistance monies from the State Economic
Development Department to help residents who had flooding.
PUBLIC HEARINGS:
Public Hearing on Request of Central Nebraska Humane Society for Conditional Use Permit for
a Temporary Office Trailer Located at 1312 Sky Park Road. Craig Lewis, Building Department
Director reported that in 2003 the Humane Society requested and received approval from the
City Council for the use of a mobile office for two years and that time had expired. Mr. Lewis
stated they were requested an additional two years and recommended approval. No public
testimony was heard.
Public Hearing on Request of Dale Hartwig/St. Francis Medical Center for Conditional Use
Permit for Temporary Water and Sanitary Sewer Tie-In to Service Construction Office Located
at 825 Orleans Drive. Craig Lewis, Building Department Director reported that the City received
an application submitted by Dale Hartwig on behalf of St. Francis Medical Center requesting the
utilization of a temporary construction trailer located at 825 Orleans Drive be allowed sewer and
water services. Mr. Lewis recommended approval for a period not to exceed three years. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easements Located at 3114 and 3116 South Blaine
Street. (Clark A. Gauthier) Gary Mader, Utilities Director reported that acquisition of two utility
easements located at 3114 and 3116 South Blaine Street were required in order to have access to
Page 2, City Council Regular Meeting, June 28, 2005
install, upgrade, maintain, and repair power appurtenances, including lines and transformers.
These easements would be used to locate underground primary and pad-mounted transformers to
provide power to a new home on Lot Five (5), Riverside Farm Fourth Subdivision. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 804 North Webb Road. (WCI,
LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 804
North Webb Road was required in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. This easement would be used to provide
water service while maintaining required clearances from the water line to the storm and sanitary
sewer lines. This allowed public access to the shutoff valve for the water service. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 820 North Webb Road. (Allen
Phase III, LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at 820 North Webb Road was required in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. This easement
would be used to provide a location for public water main that was not under the concrete street
of Webb Road. It also would allow more convenient access for the service line in Lot 13 of
Meadowlark West Fourth Subdivision. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2105 South Locust Street.
(Pharmacy Properties, LLC) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 2105 South Locust Street was required in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. This
easement would be used to place primary underground electric cables and a pad-mounted
transformer to serve the new building of U-Save Pharmacy. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2117 South Locust Street.
(Equestrian Meadows, LL) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 804 North Webb Road was required in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. This
easement would be used to place primary underground electric cables and a pad-mounted
transformer to serve the new building of Sonic Drive-In. No public testimony was heard.
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. Chad Nabity, Regional
Planning Director reported that this item was brought forward as a result of the owners of 1024
East Capital Avenue requesting annexation so they could hook into city sewer. City Staff
reviewed and recommended the following areas in need of annexation also: east of Shady Bend
Road and north of Bismark Road; Right-of-Way on Stuhr Road adjacent to B & C Subdivision;
and Right-of-Way on Schimmer Drive south of Ponderosa Lake. No public testimony was heard.
Page 3, City Council Regular Meeting, June 28, 2005
ORDINANCES:
#8982 – Consideration of Anne xation of Land Located North of Capital Avenue and East
of St. Paul Road and Various Properties Adjacent to the City of Grand Island. (Firth Reading)
Chad Nabity, Regional Planning Director reported this related to the Public Hearing just held and
was the first of three readings as required by state statutes.
Motion by Pielstick, second by Hornady to approve Ordinance #8982 on first reading only. Upon
roll call vote, all voted aye. Motion adopted.
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8983 – Consideration of Conveyance of Property Located at 4949 Juergen Road, Lot 11,
Platte Valley Industrial Park 3rd 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 this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage.” Councilmember
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Doug Walker, City Attorney reported that Grand Island’s electric utility department had
purchased real estate along the east side of Highway 281 and south of Hall County Park for
development of an industrial park several years ago. .B M & M, L.L.C. had agreed to purchase
Lot 11 in the Platte Valley Industrial Park Third Subdivision in the amount of $206,400.00 for a
construction equipment business known as Road Builders Machinery and Supply.
Motion by Pielstick, second by Hornady to approve Ordinance #8983.
City Clerk: Ordinance #8983 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #8983 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #8983 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of June 14, 2005 City Council Regular Meeting.
Approving Minutes of June 21, 2005 City Council Study Session. Councilmember Haase
abstained.
Page 4, City Council Regular Meeting, June 28, 2005
Approving Appointment of Scott Zana to the Heartland Events Center Board.
Approving Request of Central Nebraska Humane Society for Conditional Use Permit for a
Temporary Office trailer Located at 1312 Sky Park Road.
Approving Request of Dale Hartwig/St. Francis Medical Center for Conditional Use Permit for
Temporary Water and Sanitary Sewer Tie-In to Service Construction Office Located at 2620
West Faidley Avenue. Councilmember Gilbert abstained.
#2005-180 – Approving Acquisition of Utility Easements Located a 3114 and 3116 South Blaine
Street. (Clark A. Gauthier)
#2005-181 – Approving Acquisition of Utility Easement Located at 804 North Webb Road.
(WCI, LLC)
#2005-182 – Approving Acquisition of Utility Easement Located at 820 North Webb Road.
(Allen Phase III, LLC)
#2005-183 – Approving Acquisition of Utility Easement Located at 2105 South Locust Street.
(Pharmacy Properties, LLC)
#2005-184 – Approving Acquisition of Utility Easement Located at 2117 South Locust Street.
(Equestrian Meadows, LLC)
#2005-185 – Approving Bid Award for Transmission Line Work – Project 05-PPC-01 with
Dominion Construction Company of Scottsbluff, Nebraska in an Amount of $655,691.37.
#2005-186 – Approving Purchase Agreement for Sale of Lot 11, Platte Valley Industrial Park 3rd
Subdivision with B.M. and M. LLC in an Amount of $206,400.00.
#2005-187 – Approving Bid Award for Sanitary Sewer District No. 517, Deadwood Subdivision
with Starostka Group of Grand Island, Nebraska in an Amount of $20,408.03.
#2005-188 – Approving Discontinuation of Sanitary Sewer District No. 518, Westwood
Subdivision and Westwood Second Subdivision.
#2005-189 – Approving Contract for Architectural Services - Design for Fire Station with
Cannon, Moss, Brygger & Associates, P.C. of Grand Island, Nebraska.
#2005-190 – Approving Subordination Agreement for CDBG Home Located at 915 East 6th
Street. (Alfred & Panchita Portillo)
#2005-191 – Approving Interlocal Agreement with Community Redevelopment Authority.
Page 5, City Council Regular Meeting, June 28, 2005
#2005-192 – Approving Change Order No. 7 to the Contract with Starostka Group of Grand
Island, Nebraska for Grand Generation Center Renovation and Expansion Project for an Increase
of $5,065.00 and an Adjusted Contract Amount of $616,579.75.
RESOLUTIONS:
#2005-193 – Consideration of Economic Development Incentive Agreement with Westward
Airways, Inc. Mayor Vavricek recused himself from any discussion on Resolution #2005-193
due to potential conflict of interest in advertising with radio stations owned by the Mayor.
Mentioned was that a statement of conflict of interest was on file in the Clerk’s office. The
Mayor turned the meeting over to Council President Hornady.
Doug Walker, City Attorney reported that Westward Ariways, Inc. had submitted an application
for economic development incentives (LB 840 funding) in the amount of $120,000.00. This
application had been approved by the Citizens’ Review Committee at their June 21, 2005
meeting.
Mr. Walker stated he had the following were concerns with the application:
· DOT funding had not been secured for this project
· The project did 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 was questionable
· There seemed to be a shortage of private investment/support from the businesses that
would benefit most directly
Mentioned was that this project would be beneficial to boarding’s for the airport, which was a
great benefit to the Hall County Airport Authority. It was recommended that the above concerns
be addressed before the project was approved.
The following people spoke in support:
· Marland Ferguson, President of the Economic Development Corporation
· Bob Niemann, 1501 West Louise
· Renee Seifert, Grand Island/Hall County Convention Visitors Bureau Director
· Curtis Griess, former EDC Charman
· Ken Caldwell, Hall County Airport Authority Chairman
· Ron Depue, Attorney for Hall County Airport Authority
Discussion was held concerning enplanements, long-term plans and goals, marketing campaign,
and air fares with regards to fuel costs. The goal of Westward Airways, Inc. was to be self-
supporting within the first year of operation which would depend on the number of people using
the service. Bill Stovall, Airport Manager commented on the marketing campaign.
Motion by Gilbert, second by Whitesides to approve Resolution #2005-193. Upon roll call vote,
Councilmember’s Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Haase voted
aye. Councilmember’s Meyer, Pielstick, and Walker voted no. Motion adopted.
Page 6, City Council Regular Meeting, June 28, 2005
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Walker to approve the Claims for the period of June 15, 2005
through June 28, 2005, for a total amount of $2,080,267.27. Motion adopted unanimously.
Councilmember Pielstick abstained from claims #101391 and #101982.
ADJOURNMENT: The meeting was adjourned at 8:25 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of July 5, 2005 City Council Study Session
The Minutes of July 5, 2005 City Council Study Session are submitted for approval. See
attached MINUTES.
Tuesday, July 12, 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
July 5, 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
July 5, 2005. Notice of the meeting was given in the Grand Island Independent on June 29,
2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Meye r, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady,
and Walker. Councilmember’s Pauly and Haase were absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker
Mayor Communication: Mayor Vavricek thanked Renee Seifert, Convention Visitor’s Bureau
and Paul Briseno, Assistant to the City Administrator for their work on the “Great Race” that
was here Saturday, July 2, 2005. Also mentioned was the joint meeting with the City Council,
Central District Health Department, Hall, Hamilton, and Merrick County Boards which would be
held on Monday, July 11, 2005 at 7:00 p.m. in the Council Chambers here at Cit y Hall.
Mayor Vavricek gave the semi-annual “State of the City Address”. Mentioned was the growth of
the community, ongoing projects, new leadership of key city positions, city budget with regards
to “zero based budgeting”, economic development, and efficiency in government. Mayor
Vavricek mentioned his strong consideration of serving the elected public in the race for the
Third Congressional District. Mayor closed by stating the State of our City is “dynamic” and he
appreciated the opportunity to serve the citizen’s of Grand Island.
Discussion Concerning Water Rate Increase. Gary Mader, Utilities Department Director reported
that at the June 21, 2005 City Council Study Session a request was made for more information
concerning the increase of revenue for the Water Department. Council directed staff to provide a
number of alternatives to the 10¢ per 100 cu. ft. rate change proposed by the Utilities
Department. Those alternatives were:
1) No change in Water Rate blocks up to a consumption level of 1500 cu. ft. per month,
with all remaining rate blocks adjusted to maintain a revenue increase equal to that of
the originally proposed 10¢ per 100 cu. ft.
2) Add 5¢ to each rate block up to 1500 cu. ft. per month consumption, with all
remaining rate blocks adjusted to maintain a total revenue increase equal to that of the
originally proposed 10¢ per 100 cu. ft.
3) Apply at 20% rate increase across the board to all current rate blocks
Presented were tabulations of the effect of the rate scenarios on customer billings at consumption
levels used for previous comparisons.
Page 2, City Council Study Session, July 5, 2005
Council Request #1: Addition of New 500 Rate Block & Add $0.146 to Remaining Blocks
Current Annual Revenue $3,070,049.38
Projected Revenue $3,608,868.92
Proposed Revenue Increase $ 538,819.54
Council Request #2: Addition of $.05 1st Three Blocks & add $0.123 to Remaining Blocks
Current Annual Revenue $3,070,049.38
Projected Revenue $3,610,700.09
Proposed Revenue Increase $ 540,650.71
Council Request #3: Calculate 20% Increase to All Rate Block
Current Annual Revenue $3,070,049.38
Projected Revenue $3,670,672.91
Proposed Revenue Increase $ 600,623.53
Grand Island Utility Department Proposed: Add $0.10 to Each Rate Block
Current Annual Revenue $3,070,049.38
Projected Revenue $3,611,971.79
Proposed Revenue Increase $ 541,922.41
Councilmember Nickerson commented on the percentage changes in each category and stated
the fair adjustment and one he would recommend would be a flat rate increase. (Council Request
#3) Discussion was held concerning the gap between residential and commercial usage. Several
councilmember’s were in favor of not raising residential rates.
Discussion was held concerning other cities water rates. Mr. Mader stated our rate structure had
been in place for decades. He commented on the gap between the rate blocks and recommended
the original proposal the Utility Department brought forward of $0.10 to each rate block.
Councilmember Whiteside recommended Council Request #2 be brought back for council
decision. Councilmember Gilbert recommended the Grand Island Utility Department Proposal be
brought back for consideration. It was decided these two proposals would be brought back to
Council at the next regular meeting.
ADJOURNMENT: The meeting was adjourned at 7:50 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Appointments to the Building Code Advisory Board
The Mayor is recommending the appointments of Marv Webb, Richard Willis, Holger
Honore, and Mike Wenzl to the Building Code Advisory Board. Mike Wenzl would replace
Joe Carter who no longer lives in Grand Island. The term would be effective August 1, 2005
and expire on August 1, 2007 with Council approval. Approval is recommended.
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G4
Approving Appointments to the Business Improvement District
(BID) #3 Board
The Mayor with Council approval is recommending the appointments of Bill Lawrey and Jeff
Reed to the Business Improvement District #3 Board. These appointments would replace
Gene McCloud and Rhonda Saalfeld whose terms will expire on July 14, 2005. The
appointments would become effective July 14, 2005 and would expire on July 13, 2008.
Approval is recommended.
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G5
Approving Garbage Haulers License for Heartland Disposal, 2423
W. Old Lincoln Highway
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: July 12, 2005
Subject: Approving Garbage Haulers License for Heartland
Disposal, 2423 W. Old Lincoln Highway
Item #’s: G-5
Presenter(s): RaNae Edwards, City Clerk
Background
Grand Island City Code Section 17-15 allows for the Collection, Transportation, and
Disposal of Garbage and/or Refuse. These permits are effective October 1 through
September 30 of each calendar year.
Discussion
Tom and Tommy Ummel, owners of Heartland Disposal, 2423 W. Old Lincoln Highway
ha ve submitted an application for a garbage haulers license. All City Code requirements
have been met.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the garbage hauler license for Heartland Disposal.
2. Disapprove or deny the renewals.
3. Modify the renewals to meet the wishes of the Council.
4. Table the issue
Recommendation
City Administration recommends that the Council approve the garbage hauler license for
Heartland Disposal, 2423 W. Old Lincoln Highway.
Sample Motion
Approve the garbage hauler license for Tom and Tommy Ummel, dba Heartland
Disposal, 2423 W. Old Lincoln Highway.
Item G6
Approving Preliminary Plat for Westgate Ninth Subdivision
Tuesday, July 12, 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: July 12, 2005
Subject: Westgate Ninth Subdivision - Preliminary Plat
Item #’s: G-6
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 9 lots. This property is zoned M2-Heavy
Manufacturing and consists of 9.07 acres more or less.
Discussion
This property is zoned M2-Heavy manufacturing. The property can be served by sewer
and water, the owners will extend sewer and water throughout the subdivision. Copper
Road will be a 41 foot wide street with a 40 foot radius cul-de-sac. This subdivision
meets the requirements of the zoning and subdivision regulations for the City of Grand
Island.
Alternatives
It appears that the Counc il has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the preliminary plat as presented
2. Modify the preliminary plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Amick 2nd by Ruge to approve by consent agenda and
recommend that the Hall County Board of Supervisors approve the subdivision as
presented.
A roll call vote was taken and the motion passed with 9 members present (Amick,
Haskins, Reynolds, Niemann, Miller, Eriksen, Ruge, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the preliminary Plat for Westgate Ninth Subdivision as presented.
Item G7
#2005-194 - Approving Final Plat and Subdivision Agreement for
Westgate Ninth Subdivision
Tuesday, July 12, 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: July 12, 2005
Subject: Westgate Ninth Subdivision - Final Plat
Item #’s: G-7
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 9 lots. This property is zoned M2-Heavy
Manufacturing and consists of 9.07 acres more or less.
Discussion
This property is zoned M2-Heavy manufacturing. The property can be served by sewer
and water, the owners will extend sewer and water throughout the subdivision. Copper
Road will be a 41 foot wide street with a 40 foot radius cul-de-sac. This subdivision
meets the requirements of the zoning and subdivision regulations for the City of Grand
Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Amick 2nd by Ruge to approve by consent agenda and
recommend that the Hall County Board of Supervisors approve the subdivision as
presented.
A roll call vote was taken and the motion passed with 9 members present (Amick,
Haskins, Reynolds, Niemann, Miller, Eriksen, Ruge, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the Final Plat for Westgate Ninth Subdivision as presented.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-194
WHEREAS, E. Marsden Garey and Jaculyn J. Garey, husband and wife, as owners, have
caused to be laid out into lots, a tract of land located in Westgate Subdivision, Section Twenty Four (24),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall
County, Nebraska, under the name of WESTGATE NINTH SUBDIVISION, and have caused a plat
thereof to be acknowledged by them; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section
19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owners of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of WESTGATE NINTH
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2005-195 - Approving Final Plat and Subdivision Agreement for
Jakubowski Subdivision
Tuesday, July 12, 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: July 12, 2005
Subject: Jakubowski Subdivision - Final Plat
Item #’s: G-8
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to divide an existing lot with 2 houses on it into two lots. This
subdivision consists of 0.201 acres more or less.
Discussion
This lot currently has two houses locate on the property. They are under common
ownership at this point in time and the current owner would like to sell them separately.
The property is zoned B2-General Business Zone and the new lots will both meet the
minimum size requirements for lots in the B2 zone. Currently both properties are served
by a single water line. The owners will separate the water services prior to release of this
plat for filing.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Amick 2nd by Ruge to approve by consent agenda and
recommend that the City Council approve the subdivision as presented.
A roll call vote was taken and the motion passed with 9 members present (Amick,
Haskins, Reynolds, Niemann, Miller, Eriksen, Ruge, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the Final Plat for Jakubowski Subdivision as presented.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-195
WHEREAS, Paul A. Jakubowski and Ruby E. Jakubowski, husband and wife, and Kevin
G. McDermott and Diane L. McDermott, husband and wife, as owners, have caused to be laid out into
lots, a tract of land comprising all of Lot One (1), Block One Hundred Four (104), Railroad Addition to the
City of Grand Island, Hall County, Nebraska, under the name of JAKUBOWSKI SUBDIVISION, and
have caused a plat thereof to be acknowledged by them; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section
19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owners of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of JAKUBOWSKI SUBDIVISION, as
made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island,
Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2005-196 - Approving Acquisition of Tracts of Right-of-Way and
Permanent Easements along Capital Avenue between the Moores
Creek Drain and Webb Road for Street Widening Project
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-196
WHEREAS, real property is required by the City of Grand Island for utility easements and
right-of-way purposes to widen Capital Avenue from the Moore's Creek Drainway (approximately one-half
mile west of U.S. Highway 281) east to Webb Road; and
WHEREAS, a public hearing was held on July 12, 2005, for the purpose of discussing the
acquisition of rights-of-way affecting the following tracts of land:
Tract No. Property Description
1
Dale L. Skow and
Shirley Skow
A tract of land consisting of part of Lot 12 of Bosselman Second Subdivision,
located in the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of
Section 1, Township 11 North, Range 10 West of the 6th P.M., City of Grand
Island, Hall County, Nebraska and more particularly described as follows:
Commencing at the northwest corner of said Lot 12; thence on an assumed bearing
of S00°24'29"W along the west line of said Lot 12 a distance of 140.93 feet to a
point 9.00 feet north of the southwest corner of said Lot 12, said point also being the
Point of Beginning; thence S89°21'06"E a distance of 313.07 feet; thence
N47°12'26"E a distance of 13.74 feet to a point on the east line of said Lot 12, said
line also being the west Right-Of-Way (R.O.W.) line of Carleton Avenue; thence
S00°30'04"W along the east line of said Lot 12 a distance of 20.00 feet to the
southeast corner of said Lot 12, said corner also being the point of intersection of the
west R.O.W. line of Carleton Avenue and the north R.O.W. line of Capital Avenue;
thence N89°04'34"W along the south line of said Lot 12 a distance of 323.06 feet
to the southwest corner of said lot 12; thence N00°24'29"E along the west line of
said Lot 12 a distance of 9.00 feet to the point of beginning. Said tract contains
3205.70 square feet or 0.074 acres more or less.
2
State Farm Mutual
Automobile Insurance
Company
A tract of land consisting of part of Lot 11 of Bosselman Second Subdivision,
located in the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of
Section 1, Township 11 North, Range 10 West of the 6th P.M., City of Grand
Island, Hall County, Nebraska and more particularly described as follows:
Commencing at the southwest corner of said Lot 11, said point also being the point
of intersection of north Right-Of-Way (R.O.W.) line of Capital Avenue and the east
R.O.W. line of Carleton Avenue and the Point of Beginning; thence on an assumed
bearing of N00°28'48"E along the west line of said Lot 11 a distance of 20.00 feet;
thence S48°34'09"E a distance of 13.24 feet; thence S89°21'06"E a distance of
240.05 feet to a point on the east line of said Lot 11; thence S00°26'48"W along
said east line a distance of 12.13 feet to the southeast corner of said Lot 11, said
point also being on the north R.O.W. line of Capital Avenue; thence N89°10'28"W
along the south line of said Lot 11 a distance of 250.06 feet to the point of beginning.
Said tract contains 2978.47 square feet or 0.068 acres more or less.
- 2 -
3
Bluestem Properties,
L.L.C.
A tract of land consisting of part of Lot 3 of Bosselman Subdivision, located in the
Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section 1,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at the southwest corner of said Lot 3, said point also being on the
north Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of Beginning;
thence on an assumed bearing of N00°26'48"E along the west line of said Lot 3 a
distance of 12.13 feet; thence S89°09'29"E a distance of 115.95 feet; thence
S88°21'25"E a distance of 123.15 feet; thence N01°35'35"E a distance of 5.00
feet; thence N30°07'37"E a distance of 22.00 feet to a point on the east line of said
Lot 3, said line also being the west R.O.W. line of Diers Avenue; thence
S00°29'31"W along the east line of said Lot 3 a distance of 34.46 feet to the
southeast corner of said Lot 3, said corner also being the point of intersection of the
west R.O.W. line of Diers Avenue and the north R.O.W. line of Capital Avenue;
thence N89°11'24"W along the south line of said Lot 3 a distance of 250.05 feet to
the point of beginning. Said tract contains 3049.04 square feet or 0.070 acres more
or less.
4
Bosselman, Inc.
A tract of land consisting of part of Lot 2 of Bosselman Subdivision, located in the
Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section 1,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at the southwest corner of said Lot 2, said point also being the point of
intersection of the north Right-Of-Way (R.O.W.) line of Capital Avenue and the east
R.O.W. line of Diers Avenue and the Point of Beginning; thence on an assumed
bearing of N00°29'31"E along the west line of said Lot 2 a distance of 30.00 feet;
thence S37°07'35"E a distance of 32.77 feet; thence S88°21'25"E a distance of
181.07 feet to a point on the east line of said Lot 2, said line also being the west
R.O.W. line of U.S. Highway #281; thence S35°30'01"W along the east line of said
Lot 2 a distance of 1.91 feet to the southeast corner of said Lot 2, said corner also
being the point of intersection of the west R.O.W. line of U.S. Highway #281 and
the north R.O.W. line of Capital Avenue; thence N89°10'38"W along the south line
of said Lot 2 a distance of 199.94 feet to the point of beginning. Said tract contains
859.73 square feet or 0.020 acres more or less.
6
Robert D. Hancock
and Patricia J.
Hancock
A tract of land consisting of part of Lot 1, Bels Second Subdivision, located in the
Southeast Quarter of the Southeast Quarter (SE1/4,SE1/4) of Section 1, Township
11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County,
Nebraska and more particularly described as follows:
Commencing at the southwest corner of said Lot 1, Bels Subdivision, said point also
being the point of intersection of the north Right-Of-Way (R.O.W.) line of Capital
Avenue and the east R.O.W. line of St. Patrick Avenue and the Point of Beginning;
- 3 -
thence on an assumed bearing of N00°20'53"E along the west line of said Lot 1 a
distance of 10.00 feet; thence S44°19'51"E a distance of 14.22 feet to a point on
the south line of said Lot 1, said line also being the north R.O.W. line of Capital
Avenue; thence N89°00'34"W along the south line of said Lot 1 a distance of 10.00
feet to the point of beginning. Said tract contains 50.00 square feet or 0.001 acres
more or less.
13
City of Grand Island
A tract of land consisting of part of an unplatted tract of land recorded in Book 171,
Pages 328-331, Hall County Register of Deeds, located in the Southeast Quarter of
Southeast Quarter (SE1/4, SE1/4) of Section 1, Township 11 North, Range 10
West of the 6th P.M., City of Grand Island. Hall County, Nebraska and more
particularly described as follows:
Commencing at the southwest corner of said unplatted tract of land, said point also
being on the north Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of
Beginning; thence on an assumed bearing of N01°16'11"W along said north R.O.W.
line a distance of 12.00 feet to the southeast corner of Lot 1, Lemke Subdivision in
the City of Grand Island, Hall County, Nebraska; thence S87°21'47"E a distance of
184.88 feet to a point on the east line of said unplatted tract; thence S00°23'55"W
along said east line a distance of 6.26 feet to the southeast corner of said unplatted
tract, said point also being on the north R.O.W. line of Capital Avenue; thence
N89°08'26"W along said R.O.W. line a distance of 184.40 feet to the point of
beginning. Said tract contains 1684.35 square feet or 0.039 acres more or less.
14
O'Connor Enterprise,
Inc.
A tract of land consisting of part of an unplatted tract of land recorded as Instrument
Number 98-107447, Hall County Register of Deeds, located in the Southeast
Quarter of the Southeast Quarter (SE1/4, SE1/4) of Section 1, Township 11 North,
Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and
more particularly described as follows:
Commencing at the southwest corner of said unplatted tract of land, said point also
being on the north Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of
Beginning; thence on an assumed bearing of N00°23'55"E along the west line of said
unplatted tract of land a distance of 6.26 feet; thence S86°04'17"E a distance of
37.61 feet; thence S89°01'29"E a distance of 167.01 feet; thence N45°25'47"E a
distance of 37.30 feet to a point on the west R.O.W. line of Webb Road; thence
S00°22'23"W along said west R.O.W. line a distance of 14.11 feet to the point of
intersection of said west R.O.W. line and the north R.O.W. line of Capital Avenue;
thence S40°20'52"W along said north R.O.W. line a distance of 15.37 feet; thence
N89°00'48"W a distance of 7.00 feet; thence S01°17'11"W a distance of 5.17 feet;
thence N88°58'07"W a distance of 214.00 feet to the point of beginning. Said tract
contains 1266.30 square feet or 0.029 acres more or less.
15
City of Grand Island
A tract of land consisting of part of an unplatted tract of land recorded as Instrument
Number 95-106399, Hall County Register of Deeds, located in the Northwest
Quarter of the Northeast Quarter (NW1/4, NE1/4), of Section 12, Township 11
- 4 -
North, Range 10 West of the 6th P.M., City of Grand Island, Hall County,
Nebraska and more particularly described as follows:
Commencing at the northwest corner of said unplatted tract of land, said point being
on the south Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of
Beginning; thence on an assumed bearing of S89°35'10"E along said south R.O.W.
line a distance of 74.88 feet to the northeast corner of said unplatted tract of land;
thence S00°25'08"W a distance of 12.86 feet to the northwest corner of Lot 2,
Menard Second Subdivision in the City of Grand Island, Hall County, Nebraska;
thence N89°01'29"W a distance of 74.85 feet to a point on the west line of said
unplatted tract of land; thence N00°15'21"E along said west line a distance of 12.12
feet to the point of beginning; said tract contains 935.03 square feet or 0.021 acres
more or less.
16
John R. Menard
A tract of land consisting of part of Lot 2, Menard Second Subdivision, located in
the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section 12,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at the northwest corner of said Lot 2, said point being on the south
Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of Beginning; thence
on an assumed bearing of S89°00'53"E along the north line of said Lot 2 a distance
of 229.36 feet to a northeasterly corner of said Lot 2, said point also being the point
of intersection of the south R.O.W. line of Capital Avenue and the west R.O.W. line
of Carleton Avenue; thence S41°18'54"E along the northeast line of said Lot 2 a
distance of 28.11 feet to a northeasterly corner of said Lot 2; thence N64°57'47"W
a distance of 36.36 feet; thence N89°01'29"W a distance of 122.48 feet; thence
N85°18'49"W a distance of 92.78 feet to the point of beginning. Said tract contains
1257.11 square feet or 0.029 acres more or less.
17
John R. Menard
A tract of land consisting of part of Lot 3, Menard Second Subdivision located in the
Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section 12,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at a northeasterly corner of Lot 6 of said Menard Second Subdivision,
said point being on the south Right-Of-Way (R.O.W.) line of Capital Avenue;
thence on an assumed bearing of N89°00'53"W along said south R.O.W. line a
distance of 637.47 feet to the northeast corner of said Lot 3, said point also being
the Point of Beginning; thence S00°19'09"W along the east line of said Lot 3 a
distance of 10.05 feet; thence N86°03'59"W a distance of 56.05 feet; thence
N88°21'33"W a distance of 38.71 feet; thence S72°23'29"W a distance of 29.29
feet; thence S20°07'11"W a distance of 23.22 feet to a point on the west line of said
Lot 3, said line also being the east R.O.W. line of Carleton Avenue; thence
N00°15'20"W along the west line of said Lot 3 a distance of 16.21 feet to a
- 5 -
northwesterly corner of said Lot 3; thence N42°39'21"E along the northwest line of
said Lot 3 a distance of 29.17 feet to a northwesterly corner of said Lot 3, said
corner also being the point of intersection of the east R.O.W. line of Carleton
Avenue and the south R.O.W. line of Capital Avenue; thence S89°00'53"E along
the north line of said Lot 3 a distance of 110.75 feet to the point of beginning. Said
tract contains 1066.63 square feet or 0.024 acres more or less.
18
City of Grand Island
A tract of land consisting of part of an unplatted tract of land recorded as Instrument
Number 78-000562, Hall County Register of Deeds, located in the Northwest
Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section 12, Township 11
North, Range 10 West of the 6th P.M., City of Grand Island, Hall County,
Nebraska and more particularly described as follows:
Commencing at a northeasterly corner of Lot 6 of Menard Second Subdivision, City
of Grand Island, Hall County, Nebraska, said point being on the south Right-Of-
Way (R.O.W.) line of Capital Avenue; thence on an assumed bearing of
N89°00'53"W along said south R.O.W. line a distance of 267.45 feet to the
northeast corner of said unplatted tract, said point also being the point of intersection
of said south R.O.W. line and the west R.O.W. line of Diers Avenue and the Point
of Beginning; thence S00°20'17"W along said west R.O.W. line a distance of 64.00
feet; thence N46°39'21"W a distance of 46.49 feet; thence N88°21'25"W a
distance of 170.29 feet; thence N76°54'25"W a distance of 76.03 feet; thence
N86°03'59"W a distance of 91.77 feet to a point on the east line of Lot 3 of said
Menard Second Subdivision; thence N00°19'09"E along said east line a distance of
10.05 feet to the northeast corner of said Lot 3, said corner being on the south
R.O.W. line of Capital Avenue; thence S89°00'53"E along said south R.O.W. line a
distance of 370.02 feet to the point of beginning. Said tract contains 9862.13 square
feet or 0.226 acres more or less.
19
John R. Menard
A tract of land consisting of part of Lot 6, Menard Second Subdivision, located in
The Northwest Quarter of The Northeast Quarter (NW1/4, NE1/4) of Section 12,
Township 11 North, Range 10 West of The 6th P.M., City of Grand Island, Hall
County, Nebraska And more particularly described as follows:
Commencing at the southwest corner of said Lot 6, said point also being on the east
Right-Of-Way (R.O.W.) line of Diers Avenue and the Point of Beginning; thence on
an assumed bearing of N00°20'26"E along the west line of said Lot 6 a distance of
227.10 feet to a northwesterly corner of said Lot 6; thence N38°52'23"E along the
northwest line of said Lot 6 a distance of 27.85 feet to a northwesterly corner of said
Lot 6, said point also being the point of intersection of the east R.O.W. line of Diers
Avenue and the south R.O.W. line of Capital Avenue; thence S89°00'53"E along
the north line of said Lot 6 a distance of 190.09 feet to a northeasterly corner of said
Lot 6; thence S39°09'42"E along the northeast line of said Lot 6 a distance of 48.99
feet; thence N89°03'22"W a distance of 211.60 feet; thence S46°42'02"W a
distance of 23.49 feet; thence S00°20'26"W a distance of 195.05 feet to a point on
the south line of said Lot 6; thence N89°10'32"W along said south line a distance of
- 6 -
10.00 feet to the point of beginning. Said tract contains 10434.79 square feet or
0.240 acres more or less.
20
Gordman Grand Island,
L.L.C.
A tract of land consisting of part of an unplatted tract of land recorded as Instrument
Number 04-11617, Hall County Register of Deeds, located in the Northeast
Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section 12, Township 11
North, Range 10 West of the 6th P.M., City of Grand Island, Hall County,
Nebraska and more particularly described as follows:
Commencing at the northwest corner of Lot 2, Grand Island Plaza Subdivision, City
of Grand Island, Hall County, Nebraska, said point being on the east Right-Of-Way
(R.O.W.) line of U.S. Highway #281; thence on an assumed bearing of
N00°18'43"E along the east R.O.W. line of U.S. Highway #281 a distance of
152.79 feet to the Point of Beginning; thence continuing N00°18'43"E along said
east R.O.W. line a distance of 32.00 feet to the northwest corner of said unplatted
tract of land, said corner also being the point of intersection of the east R.O.W. line
of U.S. Highway #281 and the south R.O.W. line of Capital Avenue; thence
S89°00'48"E along said south R.O.W. line a distance of 199.96 feet to the northeast
corner of said unplatted tract of land; thence S00°20'08"W along the east line of
said unplatted tract of land a distance of 32.00 feet; thence N89°00'48"W a
distance of 199.94 feet to the point of beginning. Said tract contains 6398.40 square
feet or 0.147 acres more or less.
21
Gordman Grand Island,
L.L.C.
A tract of land consisting of part of Lot 3, Grand Island Plaza Subdivision located in
the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section 12,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at the northeast corner of said Lot 3, said point also being the point of
intersection of the south Right-Of-Way (R.O.W.) line of Capital Avenue and west
R.O.W. line of Plaza Drive and the Point of Beginning; thence on an assumed
bearing of S00°58'15"W along the east line of said Lot 3 a distance of 40.00 feet;
thence N32°43'06"W a distance of 18.03 feet; thence N89°01'35"W a distance of
349.71 feet to a point on the west line of said Lot 3; thence N00°20'08"E along said
west line of Lot 3 a distance of 25.00 feet to the northwest corner of said Lot 3, said
point also being on the south R.O.W. line of Capital Avenue; thence S89°01'35"E
along the north line of said Lot 3 a distance of 359.99 feet to the point of beginning.
Said tract contains 9071.34 square feet or 0.208 acres more or less.
22
Gordman Grand Island,
L.L.C.
A Tract of Land Consisting of Part of Lot 4, Grand Island Plaza Subdivision,
Located in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of
Section 12, Township 11 North, Range 10 West of the 6th P.M., City of Grand
Island, Hall County, Nebraska and More Particularly Described as Follows:
Commencing at the Northwest Corner of Said Lot 4, Said Point Also Being the
Point of Intersection of the East Right-Of-Way (R.O.W.) Line of Plaza Drive and
- 7 -
the South R.O.W. Line of Capital Avenue and the Point of Beginning; Thence on an
Assumed Bearing of S89°01'37"E along the North Line of Said Lot 4 a Distance of
170.28 Feet to the Northeast Corner of Said Lot 4; Thence S00°23'26"W along the
East Line of Said Lot 4 a Distance of 19.03 Feet; Thence S89°17'39"W a Distance
of 160.54 Feet; Thence S32°32'41"W a Distance of 19.10 Feet to a Point on the
West Line of Said Lot 4, Said Point Also Being on the East R.O.W. Line of Plaza
Drive; Thence N00°58'15"E along the West Line of Said Lot 4 a Distance of 40.00
Feet to the Point of Beginning. Said Tract Contains 3747.09 Square Feet or 0.086
Acres More or Less.
23
Gateway Plaza L.L.C.
A Tract of Land Consisting of Part of Lots 1, 2, 3 and 4 of Bels Subdivision
Located in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of
Section 12, Township 11 North, Range 10 West of the 6th P.M., City of Grand
Island, Hall County, Nebraska and More Particularly Described as Follows:
Commencing at the Northwesterly Corner of Lot 8 of Said Bels Subdivision, Said
Point Being on the South Right-Of-Way (R.O.W.) Line of Capital Avenue; Thence
on an Assumed Bearing of N89°00'48"W along Said South R.O.W. Line a Distance
of 179.00 Feet to a Northeasterly Corner of Said Lot 4, Said Point Also Being the
Point of Beginning; Thence N89°00'48"W a Distance of 153.75 Feet; Thence
S87°58'42"W a Distance of 35.12 Feet to a Point on the West Line of Said Lot 1;
Thence N00°23'26"E a Distance of 13.15 Feet to the Northwest Corner of Said
Lot 1, Said Point Also Being on the South R.O.W. Line of Capital Avenue; Thence
S85°35'23"E along the North Line of Said Lots 1, 2, 3 and 4 a Distance of 189.30
Feet to the Point of Beginning. Said Tract Contains 1099.74 Square Feet or 0.025
Acres More or Less.
WHEREAS, a public hearing was held on July 12, 2005, for the purpose of discussing the
acquisition of proposed utility easements affecting the following tracts of land:
Tract No. Property Description
5
Poland Oil, Inc.
A Public Utility and Walk Easement consisting of part of Lot 1, Block 1 of
Dickey Subdivision located in the Southeast Quarter of the Southeast Quarter
(SE1/4, SE1/4) of Section 1, Township 11 North, Range 10 West of the 6th
P.M., City of Grand Island, Hall County, Nebraska and more particularly
described as follows:
Commencing at the northwest corner of Lot 2, Block 1 of said Dickey
Subdivision, said point being on the east Right-Of-Way (R.O.W.) line of U.S.
Highway #281; thence on an assumed bearing of S00°29'32"W along the west
line of said Lots 1 and 2 a distance of 471.69 feet to the Point of Beginning;
thence S88°33'03"E a distance of 176.69 feet; thence N66°24'30"E a distance
of 9.84 feet to a point on the east line of said Lot 1; said line also being the west
R.O.W. line of St. Patrick Avenue; thence S00°16'58"W along said east line of
- 8 -
Lot 1 a distance of 17.00 feet to the southeast corner of said Lot 2, said corner
also being the point of intersection of the west R.O.W. line and the north R.O.W.
line of Capital Avenue; thence N89°00'48"W along the south line of said Lot 1 a
distance of 185.72 feet to the southwest corner of said Lot 1, said corner also
being the point of intersection of the north R.O.W. line of Capital Avenue and the
east R.O.W. line of U.S. Highway #281; thence N00°29'32"E along the west
line of said Lot 1 a distance of 14.33 Feet to the point of beginning. Said Public
Utility and Walk Easement contains 2541.15 square feet or 0.058 acres more or
less.
16
John R. Menard
A Public Utility and Trail Easement consisting of part of Lot 2 of Menard Second
Subdivision, located in the Northwest Quarter of the Northeast Quarter (NW1/4,
NE1/4) of Section 12, Township 11 North, Range 10 West of the 6th P.M., City
of Grand Island, Hall County, Nebraska and more particularly described as
follows:
Commencing at the southeast corner of said Lot 2, said point also being on the west
Right-Of-Way (R.O.W.) line of Carleton Avenue and the Point of Beginning; thence
on an assumed bearing of N88°59'31"W along the south line of Said Lot 2 a
distance of 12.00 feet; thence N00°15'07"E a distance of 209.69 feet; thence
S64°57'47"E a distance of 13.22 feet to a northeasterly corner of said Lot 2, said
point also being on the west R.O.W. line of Carleton Avenue; thence S00°15'07"W
along the east line of said Lot 2 a distance of 204.31 feet to the point of beginning.
Said Public Utility and Trail Easement contains 2484.02 square feet or 0.057 acres
more or less. 20
Gordman Grand Island,
L.L.C.
A Public Utility and Trail Easement consisting of part of an unplatted tract of land
recorded as Instrument Number 04-11617, Hall County Register of Deeds, located
in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section 12,
Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska and more particularly described as follows:
Commencing at the northwest corner of Lot 2 of Grand Island Plaza Subdivision,
City of Grand Island, Hall County, Nebraska, said point being on the east Right-Of-
Way (R.O.W.) line of U.S. Highway #281; thence on an assumed bearing of
N00°18'43"E along said east R.O.W. line a distance of 140.10 feet to the Point of
Beginning; thence continuing N00°18'43"E along said east R.O.W. line a distance of
12.69 feet; thence S89°00'48"E a distance of 199.94 feet to a point on the west line
of Lot 3 of said Grand Island Plaza Subdivision; thence S00°20'08"W along the
west line of said Lot 3 a distance of 7.83 feet; thence S89°35'36"W a distance of
199.94 feet to the point of beginning. Said Public Utility and Trail Easement contains
2050.98 square feet or 0.047 acres more or less.
21
Gordman Grand Island,
L.L.C.
A Public Utility and Trail Easement consisting of part of Lot 3 of Grand Island Plaza
Subdivision, located in the Northeast Quarter of the Northeast Quarter (NE1/4,
NE1/4) of Section 12, Township 11 North, Range 10 West of the 6th P.M., City of
Grand Island, Hall County, Nebraska and more particularly described as follows:
- 9 -
Commencing at the southwest corner of said Lot 3; thence on an assumed bearing of
N00°20'08"E along the west line of said Lot 3 a distance of 145.14 feet to the Point
of Beginning; thence continuing N00°20'08"E along said west line a distance of 7.83
feet; thence S89°01'35"E a distance of 324.92 feet; thence S89°35'36"W a
distance of 324.93 feet to the point of beginning. Said Public Utility and Trail
Easement contains 1271.62 square feet or 0.029 acres more or less.
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 right-of-way from the parties identified above on the above-described tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2005-197 - Approving Agreement with NRCS for Flood Damage
Repair Work, Ditch Repair East of North Road and Coffer Dam
Repair along Capital Avenue
Tuesday, July 12, 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: July 12, 2005
Subject: Approving Cooperative Agreement and Assurances
Relating to Real Property Acquisition with NRCS for
Flood Damage Repair Work
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
On May 11th and 12th of 2005, Grand Island experienced severe flooding. There are a
number of areas that are in need of repairs due to the flood. Two projects have been
approved for federal funding from the United States Department of Agriculture Natural
resource Conservation Service (NRCS). They are as follows:
NRCS Project Number GI-1
Repair and protect slopes of channel and armor side slopes with riprap. Remove sediment
deposition. Estimated construction cost of $27,000.
NRCS Project Number GI-2
Repair and protect water control structure with sheet pile and riprap on Capital Avenue
Outfall Ditch. Estimated construction cost of $88,380.
Discussion
The cooperative agreement with the NRCS will allow the city to install emergency
watershed protection measures and receive reimbursement from the NRCS. The
agreement also requires the city to certify that the necessary right-of-ways and easements
are in-place for the projects by signing an “Assurances Relating To Real Property
Acquisition” form.
The city will be required to contribute in-kind services or a cash match up to 25% of
construction costs.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the agreement with the NRCS for flood damage repair work.
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 a resolution authorizing the
Mayor to sign an agreement with the NRCS for flood damage repair work.
Sample Motion
Move to approve entering into an agreement with the NRCS.
EWP Grand Island 05.DOC
STATE: Nebraska
PROJECT: City of Grand Island EWP Project
AGREEMENT NO.__________
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
COOPERATIVE AGREEMENT
LOCALLY LED CONTRACTING
THIS AGREEMENT is hereby entered into by and between the City of Grand
Island, Public Works Department hereinafter called the Sponsor; and the Natural
Resources Conservation Service, United States Department of Agriculture, hereinafter
called NRCS.
WITNESSETH THAT:
WHEREAS, under the provisions of Section 216 of the Flood Control Act of
1950, Public Law 81-516, U.S.C. 701b-1 Emergency Watershed Protection Program, and
Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334 as amended by
section 382 of the Federal Agricultural Improvement and Reform Act of 1996, Public law
104-127, 16 U.S.C. 2203, NRCS is authorized to assist the Sponsor in relieving hazards
created by natural disasters that cause a sudden impairment of a watershed, and
WHEREAS, NRCS and the Sponsor agree to install emergency watershed
protection measures to relieve hazards and damages created by floods on May 11 -12,
2005.
NOW, THEREFORE, in consideration of the premises and of the several promises
to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do
hereby agree as follows:
A. It is agreed that the following-described work is to be constructed at an estimated
cost of $115,380.
Estimated
DSR No. Description of Work Cost
GI-1 Repair and protect slopes of channel $27,000
and armor side slopes with riprap.
Remove sediment deposition
GI-2 Repair and protect water control $88,380
structure with sheet pile and riprap.
EWP Grand Island 05.DOC
Page 2, Agreement No. _____________________
B. The Sponsor will:
1. Provide 25 percent (cash) of the cost of constructing the emergency watershed
protection measures described in Section A. This cost to the sponsor is
estimated to be $28,845.
2. Provide in-kind contribution (list applicable in-kind services, i.e. to design the
project, develop specifications and drawings, let and administer contracts, and
inspect work performed).1 The maximum value of in-kind contribution will not
exceed 25 percent of the actual cost of constructing the emergency watershed
protection measures described in Section A. The value of the in-kind
contribution is estimated to be $11,538.00. The Sponsor will retain records to
support costs incurred by the Sponsor equal to the amount of the in-kind
contribution.
3. The following individual is designated as the liaison between the sponsor and
NRCS.
Steven Riehle P.E.
100 East First Street
PO Box 1968
Grand Island, NE. 68802-1968
308-385-5444 Ext. 260
4. Prepare a design, construction specifications, and drawings in accordance with
standard engineering principles and be in compliance with programmatic
requirements. The construction plans shall be reviewed and approved by the
Sponsor prior to submittal to NRCS. The construction plans for measures other
than stream debris removal and disposal will be reviewed and approved by a
Professional Engineer registered in State of Nebraska prior to submittal to
NRCS.
5. Provide certification that real property rights have been obtained for installation
of emergency watershed protection measures prior to advertising. Certification
will be provided on Form SCS-ADS-78, Assurances Relating to Real Property
Acquisition, as amended (no attorney’s opinion is required).
6. Accept all financial and other responsibility for excess costs resulting from their
failure to obtain, or their delay in obtaining, adequate land and water rights,
permits, and licenses needed for the emergency watershed protection measures
described in Section A.
EWP Grand Island 05.DOC
Page 3, Agreement No. ____________________
7. Contract for construction of the emergency watershed protection measures
described in Section A in accordance with applicable state requirements.
8. Comply with the applicable requirements in Attachments A and B to this
agreement.
9. Ensure that all contracts for construction of emergency watershed protection
measures include the provisions contained in Attachment B to this agreement.
10. Provide copies of site maps to appropriate Federal and State agencies for
environmental review. Sponsor will notify NRCS of environmental clearance,
modification of construction plans, or any unresolved concerns prior to award of
the contract(s) for construction of the emergency watershed protection
measures.
11. Ensure that requirements for compliance with environmental and/or cultural
resource laws are incorporated into the project.
12. Pay the contractor as provided in the contract(s). Submit billings for
reimbursement to NRCS on Form SF-270, Request for Advance or
Reimbursement.
13. Take reasonable and necessary actions to dispose of all contractual and
administrative issues arising out of the contract(s) awarded under this
agreement. This includes, but is not limited to, disputes, claims, protests of
award, source evaluation, and litigation that may result from the project. Such
actions will be at the expense of the sponsor including legal expenses.
14. Arrange for and conduct final inspection of completed emergency watershed
protection measures. Certify that the project was installed in accordance with
contractual requirements.
15. Upon acceptance of the work from the contractor(s), assume responsibility for
operation and maintenance.
16. Hold and save NRCS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by the sponsor under this
agreement or resulting from the work provided for in this agreement.
EWP Grand Island 05.DOC
Page 4, Agreement No. ____________________
17. Retain all records dealing with the award and administration of contract(s) for 3
years from the date of the sponsor’s submission of the FINAL Request for
Reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the 3-year period, the
records are to be retained until the litigation is resolved or the end of the 3-year
period, whichever is longer. Make such records available to the Comptroller
General of the United States or his or her duly authorized representative and
accredited representatives of the U.S. Department of Agriculture or cognizant
audit agency for the purpose of making audit, examination, excerpts, and
transcripts.
C. NRCS will:
1. Provide 75 percent of the cost of constructing the emergency watershed
protection measures described in Section A. This cost to NRCS is estimated to
be $86,535.
2. Provide the value of the Sponsor in-kind contribution not to exceed 25 percent of
the actual cost of constructing the emergency watershed protection measures
described in Section A.
3. Not be substantially involved with the technical or contractual administration of
this agreement. However, NRCS will provide advice and counsel as needed.
4. Review and approve constructions plans as identified in Section B4. of this
agreement.
5. Make payment to the Sponsor covering NRCS’s share of the cost upon receipt
and approval of Form SF-270, Request for Advance or Reimbursement.
6. Be available to conduct progress checks and participate in final inspections.
7. The following individual is designated as the liaison between the Sponsor and
NRCS.
Timothy Haakenstad P.E.
Federal Building Room 152
100 Centennial Mall N.
Lincoln, NE. 68508
402-437-4038
EWP Grand Island 05.DOC
Agreement No. ____________________
D. It is mutually agreed that:
1. This agreement is effective the date it is fully executed by all parties to the
agreement. It shall become null and void 90 calendar days after the date NRCS
has executed this agreement if a contract has not been awarded.
2. The furnishing of financial and other assistance by NRCS is contingent upon the
continuing availability of appropriations by Congress from which payment may
be made and shall not obligate NRCS if Congress fails to so appropriate.
3. This agreement may be temporarily suspended by NRCS if NRCS determines
that corrective action by the Sponsor is needed to meet the provisions of this
agreement. Further, NRCS may suspend this agreement when it is evident that a
termination is pending.
4. NRCS may terminate this agreement in whole or in part if it is determined by
NRCS that the Sponsor has failed to comply with any of the conditions of this
agreement. NRCS shall promptly notify the sponsor in writing of the
determination and reasons for the termination, together with the effective date.
Payments made by or recoveries made by NRCS under this termination shall be
in accord with the legal rights and liabilities of NRCS and the Sponsor.
5. This agreement may be renegotiated, amended, extended, or modified by a
written amendment as mutually agreed by both parties.
6. The program or activities conducted under this agreement will be in compliance
with the nondiscrimination provisions contained in the Titles VI and VII of the
Civil Rights Act of 1964, as amended; the Civil Rights Restoration act of 1987
(Public Law 100-259); and other nondiscrimination statutes: namely, Section 504
of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
and the Age Discrimination Act of 1975. They will also be in accordance with
regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B), which
provide that no person in the United States shall on the grounds of race, color,
national origin, age, sex, religion, marital status, or handicap be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving federal financial assistance
from the U.S. Department of Agriculture or any agency thereof.
EWP Grand Island 05.DOC
Page 6, Agreement No. ____________________
SPONSOR This action authorized at an
official meeting of
By:_____________________________ ______________________
______________________
Title:___________________________ on the ______ day of ____,
19__, at _______________
Date:___________________________ State of ______________.
.
______________________
(Signature)
______________________
(Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
1 Examples of in-kind contribution include DSR investigations. design, inspection and contracting. This will
be discussed between the Sponsor and NRCS to determine the amount of work and the percentage of in-kind
contribution that will be credited to the Sponsor.
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
U.S. Department of Agriculture
Natural Resources Conservation Service
NRCS-ADS-78
5-88
PURPOSE — This form is to be used by sponsor(s) to provide the assurances to the Natural Resources Conservation
Service of the U.S. Department of Agriculture which is required in connection with the installation of project
measures which involve Federal financial assistance furnished by the Natural Resources Conservation Service.
This assurance is applicable if real property interests were acquired for the installation of project measures, and/or if
persons, businesses, or farm operations were displaced as a result of such installation; and this assurance was not
previously provided for in the watershed, project measure, or other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have complied, to the
extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (42 U.S.C. 4601-4655), as implemented in 7 C.F.R. Part 21. Any exceptions taken from the
real property acquisition requirements under the authority of 42 U.S.C. 4655 because of State law have been or is
hereby furnished to the Natural Resources Conservation Service along with the opinion of the Chief Legal Officer of
the State containing a full discussion of the facts and law furnished.
The undersigned sponsor(s) hereby assures that adequate real property rights and interests, water rights if applicable,
permits and licenses required by Federal, State, and local law, ordinance or regulation, and related actions have been
taken to obtain the legal right to install, operate, maintain, and inspect the above-described project measures, except
for structures or improvements that are to be removed, relocated, modified, or salvaged before and/or during the
installation process.
This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or other conse-
quences in the event the real property rights are found to be inadequate during the installation process.
Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examination of the
real property instruments and files was made and they were found to provide adequate title, right, permission and
authority for the purpose(s) for which the property was acquired.
A.
PROJECT MEASURES COVERED —B.
Name of project
Identity of improvement or development
Location
C. REAL PROPERTY ACQUISITION ASSURANCE —
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS —
This form was electronically produced by National Production Services Staff
If any of the real property rights or interests were obtained by condemnation (eminent domain) proceedings, sponsor(s)
further assure and agree to prosecute the proceedings to a final conclusion and pay such damages as awarded by the court.
(Name of Sponsor)
(Name of Sponsor)
This action authorized
at an official meeting
on
day of , 19 ,
at
By:
Title:
Date:
By:
Title:
Date:
State of
Attest:
(Name)
(Title)
This action authorized
at an official meeting
on
day of , 19 ,
at
State of
Attest:
(Name)
(Title)
$88,380
Repair Ditch and Place Rip Rap –Estimate $27,000North RoadCapital Avenue
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-197
WHEREAS, on May 11 and 12, 2005, the city of Grand Island experienced heavy rain and
severe flooding; and
WHEREAS, city infrastructure is in need of repairs as a result of such heavy rain and
flooding; and
WHEREAS, the following two projects have been approved for federal funding from the
United States Department of Agriculture, Natural Resources Conservation Service:
NRCS Project Number GI-1: Repair and protect slopes of channel and armor side slopes with riprap.
Remove sediment deposition. Estimated construction cost - $27,000.
NRCS Project Number GI-2: Repair and protect water control structure with sheet pile and riprap on
Capital Avenue Outfall Ditch. Estimated construction cost - $88,380.
WHEREAS, the City is responsible for certifying that necessary right-of-ways and
easements are in place for the projects, and is required to contribute in-kind services or a cash match of up
to 25% of construction costs; and
WHEREAS, a Cooperative Agreement setting out the terms and conditions of such repair
work and funding thereof has been reviewed and approved by the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Cooperative Agreement, between the City and
the Natural Resources Conservation Service, United States Department of Agriculture to install emergency
watershed protection measures to relieve hazards and damages created by floods on May 11-12, 2005, is
hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement and related documents on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2005-198 - Approving Bid Award for One Dome Salt Storage
Building for the Street and Transportation Division of the Public
Works Department
Tuesday, July 12, 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
Dale Shotkoski, Assistant City Attorney
Meeting: July 12, 2005
Subject: Approving Bid Award for One Dome Salt Storage
Building for the Street and Transportation Division
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
On June 24, 2005 the Street & Transportation Division of the Public Works Department
advertised for bids for the purchase of a Dome Salt Storage Building. Funds for the
building were in the approved 2004/2005 budget. The current salt storage facilities are
deteriorated and provide inadequate storage capacity.
Discussion
Two bids were received and opened on July 6, 2005. The Street & Transportation
Division of the Public Works Department and the Purchasing Division of the City
Attorney’s Office have reviewed the bids that were received. A summary of the bids is
shown below.
Bidder Exceptions Total Bid
Dome Corporation of North
America, Saginaw, MI
None $114,300.00
Bulk Storage Inc., Beecher,
Illinois
None $108,300.00
There are sufficient funds for this purchase in Account No. 10033501-85612.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve the purchase of the Dome Salt Storage Building
from Bulk Storage Inc. of Beecher, IL in the amount of $108,300.00.
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 purchase of the dome salt
storage building in the amount of $108,300.00 from Bulk Storage Inc. of Beecher, IL.
Sample Motion
Approve the purchase of the dome salt storage building.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: July 7, 2005 at 11:00 a.m.
FOR: (1) Dome Salt Storage Building
DEPARTMENT: Public Works
ESTIMATE: $122,000.00
FUND/ACCOUNT: 10033501-85612
PUBLICATION DATE: June 24, 2005
NO. POTENTIAL BIDDERS:
SUMMARY
Bidder: Dome Corporation of North America Bulk Storage Inc.
Saginaw, MI Beecher, IL
Exceptions: None None
Bid Price: $114,300.00 $108,300.00
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Scott Johnson, Street Superintendent Danelle Collins, PW Admin. Assist
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1005
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-198
WHEREAS, the City of Grand Island invited sealed bids for One (1) Dome Salt Storage
Building for the Street & Transportation Division of the Public Works Department, according to plans and
specifications on file with the Street Division; and
WHEREAS, on July 6, 2005, bids were received, opened and reviewed; and
WHEREAS, Bulk Storage Inc. of Beecher, Illinois, 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 $108,300; 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 Bulk Storage Inc. of Beecher, Illinois, in
the amount of $108,300 for one dome salt storage building is hereby approved as the lowest responsible
bid.
BE IT FURTHER RESOLVED, that a contract between the City and such contractor is
hereby approved, 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, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2005-199 - Approving Amendment to the City’s Full Time
Equivalent (FTE) Employee Table for the Solid Waste Division of
the Public Works Department
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: July 12, 2005
Subject: Approving Amendment to the City’s Full Time
Equivalent (FTE) Employee Table for the Solid Waste
Division of the Public Works Department
Item #’s: G-12
Presenter(s): Steven P. Riehle, Public Works Director
Background
The FTE tables are approved by the council through the budget process. Changes to the
FTE tables require council action.
The FTE table was amended at the January 25, 2005 City Council Meeting to make
changes for the Wastewater Division of the Public Works Department, the Community
Development Division of the Regional Planning Department and for the Heartland Public
Shooting Park Superintendent. The FTE table was also amended on January 25th to allow
the Grand Island Police Department to hire two additional officers to fill in for officers
that were on military deployment.
Discussion
Solid Waste Superintendent, Jeff Wattier, is a member of the National Guard and is being
deployed to Iraq. Jeff is currently in Alabama for three weeks of training. In August Jeff
will report to Fort Riley, Kansas and in November he will leave with his unit for Iraq. His
military deployment will be for a total of approximately 15 months. Senior Equipment
Operator, Mike Dvorak will be Interim Solid Waste Superintendent while Jeff is on
military deployment. City Administration is requesting approval to hire a Temporary
Equipment Operator for the time period that Jeff is deployed.
The net cost to the Solid Waste Division will be less then budgeted because Jeff Wattier
will not be receiving a city paycheck for the bulk of the time he is on military deployment
and the Equipment Operator that will be hired will be at a lower pay scale then Mike.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the resolution increasing the Solid Waste Division’s FTE table by
one (1) Equipment Operator.
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 a resolution increasing the
Solid Waste Division’s FTE table by one (1) Equipment Operator.
Sample Motion
Move to approve increasing the Solid Waste Division’s FTE table by one (1) Equipment
Operator.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-199
WHEREAS, the 2004/2005 adopted budget for the Solid Waste Division of the Public
Works Department allows for one full-time equivalent (FTE) Solid Waste Superintendent; and
WHEREAS, the current Solid Waste Superintendent has been notified that he will be
deployed with the military for approximately 15 months; and
WHEREAS, it is recommended that the City be authorized to hire a temporary Solid Waste
Equipment Operator, to allow the current staff to assume administration responsibilities during the Solid
Waste Superintendent's military deployment; and
WHEREAS, this can be accomplished without a budget increase in personnel costs for the
Solid Waste Division.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the 2004/2005 adopted budget be amended to
allow the hiring of a temporary Solid Waste Equipment Operator to allow current staff to assume
administration responsibilities during the military deployment of the current Solid Waste Superintendent
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2005-200 - Approving Bid Award for Fuel Oil Facility Paving at
Platte Generating Station
Tuesday, July 12, 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: July 12, 2005
Subject: Approving Bid Award – Fuel Oil Facility Paving at Platte
Generating Station
Item #’s: G-13
Presenter(s): Gary R. Mader, Utilities Director
Background
The operation of the Platte Generating Station is subject to a variety of federal and state
air emission regulations. Among these are regulations for control of fugitive dust. With
dry conditions, a good deal of fugitive dust comes from traffic on plant roads. The plant
staff has evaluated control measures and recommends paving of high traffic roads, to be
phased in over several years. A high priority was determined for the roads accessing the
fuel oil storage area. This area is prioritized because it includes traffic from heavy
equipment such as semi-trailer tankers and the plant’s large coal dozers. Also, because of
the weight of these vehicles, concrete, in lieu of asphalt is recommended. Specifications
were developed by Utilities Department staff based on the standard paving specifications
used by the City Public Works Department.
Discussion
Bids were received from the following bidders. The bid prices below include Nebraska
sales tax. The engineer’s estimate for this project was $100,000.00.
Bidder Bid Price
The Diamond Engineering Company $ 96,461.82
Starostka Group $156,763.11
The Utilities Department engineering staff reviewed the bids for compliance with the
City’s detailed specifications. Both bids were in compliance with the specifications.
Neither bid included any exceptions.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the award for Fuel Oil Facility Paving at PGS
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 Council approve the award for Fuel Oil Facility
Paving at PGS to Diamond Engineering Company, the lowest compliant bidder, in the
amount of $96,461.82.
Sample Motion
Motion to approve award of the contract for Fuel Oil Facility Paving at PGS in the
amount of $96,461.82 to the Diamond Engineering Company of Grand Island, Nebraska.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: July 5, 2005 at 11:00 a.m.
FOR: Contract 2005-PGS-P-1/Fuel Oil Facility Paving @ PGS
DEPARTMENT: Utilities
ESTIMATE: $100,000
FUND/ACCOUNT: 520
PUBLICATION DATE: June 24, 2005
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Starostka Group The Diamond Engineering Co.
Grand Island, NE Grand Island, NE
Bid Security: Merchants Bonding Company Universal Surety Company
Exceptions: None None
Bid Price: $156,763.11 $96,461.82
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Tom Barnes, Utilities Eng. Manager Pat Gericke, Utilities Admin. Assist.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1004
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-200
WHEREAS, the City of Grand Island invited sealed bids for Contract 2005-PGS-P-1,
Fuel Oil Facility Paving at the Platte Generating Station, according to plans and specifications on file at the
Platte Generating Station; and
WHEREAS, on July 5, 2005, bids were received, opened and reviewed; and
WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a
bid in accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $96,461.82; 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 The Diamond Engineering Company of
Grand Island, Nebraska, in the amount of $96,461.82 for Contract 2005-PGS-P-1, Fuel Oil Facility
Paving at the Platte Generating Station is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract between the City and such contractor is
hereby approved, 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, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2005-201 - Approving Agreement for Warranty Deed for
Property Located at 244 and 304 Stuhr Road (Melvin & Jo Ann
Meyer and M.J. Lake, LLC)
Tuesday, July 12, 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: July 12, 2005
Subject: Agreement for Warranty Deed for Property Located at
244 and 304 Stuhr Road (Melvin and JoAnn Meyer and
MJ Lake, LLC)
Item #’s: G-14
Presenter(s): Douglas R. Walker, City Attorney
Jim Rowell, Fire Chief
Background
At the June 28th meeting the City Council held a public hearing for the acquisitions of the
real estate at 244 and 304 Stuhr Road to be used for a fire training facility. The attached
resolutio n will specifically authorize the city to proceed with executing an Agreement for
Warranty Deed so that the purchase of this property can be completed later this year.
Discussion
It is necessary for the City Council to approve by resolution the acquisition of real
property by the city. The city has completed all other prerequisites for purchasing the
property located at 244 and 304 Stuhr Road from Melvin and JoAnn Meyer and MJ Lake,
LLC and the city is now ready to proceed with executing the Agreement for Warranty
Deed if the Council approves the resolution.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution authorizing the execution of an Agreement for
Warranty Deed to purchase the property at 244 and 304 Stuhr Road from
Melvin and JoAnn Meyer and MJ Lake, LLC.
2. Do not approve the resolution.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
city to enter into an Agreement for Warranty Deed to purchase the property located at
244 and 304 Stuhr Road from Melvin and JoAnn Meyer and MJ Lake, LLC.
Sample Motion
Motion to approve the resolution authorizing the acquisition of the real estate set forth
above.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-201
WHEREAS, on June 14, 2005, the City of Grand Island held a public hearing and
approved the purchase of the two tracts of land from Melvin W. Meyer and Jo Ann Meyer, husband and
wife, and M.J. Lake, L.L.C., a Nebraska limited liability company; and
WHEREAS, such land is commonly known as 244 Stuhr Road and 304 Stuhr Road, and is
legally described on Exhibit "A" attached hereto and incorporated by this reference; and
WHEREAS, the parties have negotiated a purchase price for the property of $583,900,
with $10,000 to be paid by the City upon the approval and execution of an Agreement for Warranty Deed,
and the remaining $573,900 to be paid by the City at closing scheduled for December 1, 2005; and
WHEREAS, the appraised value of the property is $583,900; and
WHEREAS, an Agreement for Warranty Deed setting out the terms and conditions for the
conveyance of such property 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:
1. The acquisition of the property legally described on Exhibit "A" attached hereto at the
purchase price of $583,900 is hereby approved, with $10,000 to be paid by the City upon
approval and execution of the Agreement for Warranty Deed, and the balance of $573,900
to be paid by the City at the closing.
2. The Agreement for Warranty Deed between the City and Melvin W. Meyer and Jo Ann
Meyer, husband and wife, and M.J. Lake, L.L.C., a Nebraska limited liability company, is
hereby approved; and the Mayor is hereby authorized and directed to execute such
agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2005-202 - Approving Acquisition of Long Term Lease
Agreement with Robert Ramold for Property Located at 1212
West Second Street
Tuesday, July 12, 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: July 12, 2005
Subject: Approving the Acquisition of a Long Term Lease
Agreement and Settlement of Relocation Expenses with
Robert Ramold for Property Leased at 1212 West Second
Street in Grand Island, Nebraska
Item #’s: G-15
Presenter(s): Douglas R. Walker, City Attorney
Background
At the June 14, 2005, City Council meeting, the Council approved the acquisition of the
leasehold interest of Robert Ramold in the property at 1212 West Second Street, which is
currently being used as a Domino’s Pizza business. Since the June 14th meeting, the city
has been able to negotiate a settlement of the relocation expenses and the acquisition of
the long term leasehold interest that Robert Ramold has on Suite A of the city’s building
at 1212 West Second Street.
Discussion
Enclosed with the City Council packet is an agreement settling the relocation expenses
and the acquisition of the long term leasehold agreement that Robert Ramold, d/b/a
Domino’s Pizza, has on the property that the city acquired from the Grand Island Library
Foundation. It was necessary to reach a settlement with Mr. Ramold because pursuant to
the Nebraska statutes, when a business with a long term leasehold agreement is displaced
from its property, it is entitled to relocation expenses. The city retained the services of
Midwest Relocation Service to analyze the amount of expenses that would be necessary
to relocate this business. The estimate of the relocation firm was that it would take
approximately $61,500 to relocate this business. Mr. Ramold also had a long term lease
agreement which could have run for as many as thirteen more years which created an
interest in real estate in him. It was therefore necessary for the city to acquire Mr.
Ramold’s leasehold interest as well as reach an agreement on the relocation expenses so
that Mr. Ramold could relocate and the city could then be in a position to proceed with
demolition of the building which he is currently occupying.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the acquisition of the long term lease agreement with Robert
Ramold and the settlement of the relocation expenses.
2. Do not approve the settlement agreement and acquisition of leasehold interest.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the acquisition of the long
term lease agreement with Robert Ramold for property located at 1212 West Second
Street and settling all relocation expenses.
Sample Motion
Motion to approve the acquisition of the long term lease and settlement agreement with
Robert Ramold.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-202
WHEREAS, on June 14, 2005, by Resolution 2005-162, the City Council of the City of
Grand Island approved the acquisition of the long term lease interest of Robert C. Ramold, doing business
as Domino's Pizza, for Unit A at 1212 West Second Street and adjacent parking on the east and north
sides of such building for the Edith Abbott Memorial Library expansion; and
WHEREAS, the City will pay $23,000 for the purchase price of the leasehold interest, and
$61,500 for relocation expenses for a total price of $84,500; and
WHEREAS, an Agreement has been prepared by the City Attorney setting out the terms
and conditions of such conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement between the City and Robert C.
Ramold, doing business as Domino's Pizza, is hereby approved to allow the City to acquire the lease
interest for Unit A of the building located at 1212 West 2nd Street and adjacent parking on the east and
north sides of such building and in settlement of all relocation expenses for a total cost of $84,500, in
accordance with such agreement.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2005-203 - Approving Authorized Representative for
Federal/State Financial Assistance under the President's Disaster
Relief Fund
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Paul Bresino
City of Grand Island City Council
Council Agenda Memo
From: Paul M. Briseno, Assistant to the City Administrator
Meeting: July 12, 2005
Subject: Approving Authorized Representative for Federal/State
Public Financial Assistance
Item #’s: G-16
Presenter(s): Paul M. Briseno, Assistant to the City Administrator
Background
In May 2005, severe flooding caused the City of Grand Island to accrued costs from
damage to infrastructure. June 23, 2005 the Federal Emergency Management Agency
(FEMA) declared south-central Nebraska a Federal Disaster. This declaration allows the
City of Grand Island to apply for Public disaster assistance.
Discussion
To apply for disaster relief aid the City of Grand Island must submit Federal Emergency
Management Agency/Nebraska Emergency Management Agenc y claims for
reimbursable cost accrued by the May 2005 flood. The process of applying for Federal
Public Disaster funds requires an Authorized Representative be assigned for the City of
Grand Island. It is the intent of this resolution to assign Paul M. Briseno, the Assistant to
the City Administrator as the Applicant Authorized Representative. As the authorized
representative of the City of Grand Island, Paul will work with FEMA and NEMA
officials to request funding through available Public Disaster Relief Aid.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve Paul M. Briseno as an authorized representative for the City
of Grand Island
2. Postpone the issue to future date
3. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Paul M. Briseno as an
authorized representative applicant of the City of Grand Island for FEMA/NEMA Public
Disaster Relief Aid claims.
Sample Motion
Approve the appointment of Paul M. Briseno as an authorized representative for the City
of Grand Island to apply for public disaster relief aid.
Approved as to Form ¤ ___________
July 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-203
WHEREAS, on May 11 and 12, 2005, the City of Grand Island sustained damage to
public facilities and infrastructure as a result of heavy rain and flooding in the area; and
WHEREAS, certain Federal/State financial assistance under the President's Disaster Relief
Fund (PL93-288) as amended, and the Governor's Emergency Fund (R.R.S. 81-829.42) is available to the
city for reimbursement of costs expended as a result of such heavy rain and flooding; and
WHEREAS, it is recommended that Paul Briseno, Assistant to the City Administrator, be
designated to prepare and submit all documentation necessary to obtain reimbursement for the City's costs
expended as a result of the heavy rain and flooding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Paul Briseno, Assistant to the City Administrator is
hereby authorized to execute on behalf of the City of Grand Island, any and all documentation to obtain
disaster relief funds as a result of the May 11 and 12, 2005 heavy rain and flooding to the Grand Island
area.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item H1
Approving Lela Lowry as Emergency Management Director
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Council Agenda Memo
From: Brenda Sutherland, Human Resources Director
Meeting: July 12, 2005
Subject: Appointing Lela Lowry as the Emergency Management
Director
Item #’s: H-1
Presenter(s): Brenda Sutherland
Background
The City of Grand Island has recently undergone some changes in the Emergency
Management Department. The Council voted to make a change in the management of
the department and that change became effective on March 29, 2005.
Discussion
Once the decision was made to move in a different direction with the management of the
department, the recruiting process began. The position was advertised and a committee
was chosen to select finalists to be considered by the Mayor for the position. There was a
meet & greet session that was open to the public as a part of the selection process. There
were 18 applicants interested in the position. Five were interviewed by the selection
committee and of that five, two were sent forward in the process. The two finalists were
Lela Lowry and Andrew Hills. The candidate that was chosen to be appointed by the
Mayor is Lela Lowry.
Lela comes to this position with a strong background in emergency management with an
emphasis in training. She has a Bachelor of Arts degree from Kearney State College in
Education/Social Science. She caries certifications through NEMA and FEMA. She is
currently the School Safety Program Specialist for the Nebraska Department of
Education and before that was an Exercise Training Officer for NEMA. She has been
offered the position pending Council approval and has accepted starting at step 4 in the
pay grade which is $56,086.19. With Council approval she will be able to start as the
Emergency Management Director for the City of Grand Island on August 1, 2005.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the appointment of Lela
Lowry as the Emergency Management Director for the City of Grand Island/Hall County.
Sample Motion
Motion to approve the appointment of Lela Lowry as Emergency Management Director
for the City of Grand Island/Hall County.
Item J1
Payment of Claims for the Period of June 29, 2005 through July
12, 2005
The Claims for the period of June 29, 2005 through July 12, 2005 for a total amount of
$1,565,957.32. A MOTION is in order.
Tuesday, July 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council