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09-13-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 13, 2005 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Invocation - Pastor Steve Warriner, Abundant Life Christian Center, 3409 West Faidley Avenue MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Proclamation "Walk to D'Feet ALS" September 18, 2005 Amyotrophic Lateral Sclerosis (ALS), also known as "Lou Gehrig's Disease" is a progressive disease that attacks nerve cells in the brain and the spinal cord of which an estimated 30,000 Americans have the disease at any given time. On September 18, 2005, a "Walk to D'Feet ALS" will be held at Eagle Scout Park at 2:00 p.m. to raise funds to find a cure and to assist those afflicted with the disease. The Mayor has proclaimed September 18, 2005 as "Walk to D'Feet ALS" and encourages all citizens to support the walk. See attached PROCLAMATION. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, Amyotrophic Lateral Sclerosis (ALS), often referred to as “Lou Gehrig’s Disease,” is a progressive neurodegeneration disease that attacks nerve cells in the brain and the spinal cord; and WHEREAS, based on U.S. population studies, a little over 5,600 people in the U.S. are diagnosed with ALS each year. (That’s 15 new cases a day.); and WHEREAS, it is estimated that as many as 30,000 Americans have the disease at any given time and a number in Central Nebraska; and WHEREAS, on September 18, 2005 a “Walk to D’Feet ALS” will be held at Eagle Scout Park at 2:00 p.m. to raise funds to find a cure and to assist those afflicted with the disease. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim September 18, 2005 as “WALK TO D’FEET ALS” in the City of Grand Island, and encourage all citizens to support the Walk to D’Feet ALS and salute those who walk to find a cure for this devastating disease. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this thirteenth day of September in the year of our Lord Two Thousand and Five. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item C2 Proclamation "Hispanic Heritage Month" September 15, 2005 through October 15, 2005 Hispanic men and women have worked hard to create opportunities in the next century, overcoming barriers of language, culture, and tradition. They play an integral role in the progress and productivity of our great city, working to fortify our communities and strengthen our families by continuing to strive for equal opportunity in the areas of employment, education, and economic development. The Hispanic population is making Grand Island stronger than ever. The Mayor has proclaimed September 15, 2005 through October 15, 2005 as "Hispanic Heritage Month" in Grand Island. See attached PROCLAMATION. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, Hispanic men and women have worked hard to create opportunities in the next century, overcoming barriers of language, culture, and tradition; and WHEREAS, Hispanic men and women play an integral role in the progress and productivity of our great city, working to fortify our communities and strengthen our families; and WHEREAS, Hispanic soldiers have shared in the strong democratic ideals of the United States, bravely serving the nation and garnering numerous awards, including the Congressional Medal of Honor, and continuing to follow a tradition of loyal and patriotic service in the U.S. Armed Forces; and WHEREAS, by continuing to strive for equal opportunity in the areas of employment, education, and economic development, the Hispanic people and their accomplishments and cultural contributions to society. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim September 15, 2005 through October 15, 2005 as “HISPANIC HERITAGE MONTH” in the City of Grand Island, and encourage all citizens to take this opportunity to celebrate our past and build our future – “celebrar nuestro pasado yy construir nuestro futuro.” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this thirteenth day of September in the year of our Lord Two Thousand and Five. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item D1 #2005-BE-5 - Consideration of Determining Benefits for Business Improvement Distinct #3 Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Determining Benefits for Business Improvement District No. 3, South Locust St., Hwy 34 to Stolley Park Rd., and Approving the Assessments Item #’s: D-1 & F-1 Presenter(s): David Springer, Finance Director Background In March, 1999, the City Council adopted Ordinance #8452 creating Business Improvement District No.3, South Locust Street, Hwy 34 to Stolley Park Road. The District was established for a 10-year period with anticipated total assessment revenues of $314,447. The 2005-2006 Budget, as approved by Council on July 26, 2005, provides for special assessments in the amount of $3.50 per front footage for a total of $34,314 for the 9,804 front footage. At this meeting, the Board of Equalization was set for September 13, 2005. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits of the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 3 and related assessments. Sample Motion Board of Equalization: Approve the benefits accruing to Business Improvement District No. 3 as presented. Ordinance: Approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-BE-5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 3, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $34,314.47; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Business Improvement District No. 3, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment All Faiths Funeral Home LLC Part of NW1/4, NW1/4, SW1/4 of Section 27-11-9 840.00 Growth Management Corp. North 60 feet of Lot 22 (except City), Holcomb's Highway Homes Subdivision 207.34 Growth Management Corp. South 49 feet of Lot 22 and north 11 feet of Lot 23 (except City), Holcomb's Highway Homes Subdivision 210.00 Pharmacy Properties, LLC Lot 2, Equestrian Meadows Subdivision 507.47 Rex E. & Jonadyne R. Carpenter Lot 1 [200' x 400'] (except City), Woodland First Subdivision 697.97 Rex E. & Jonadyne R. Carpenter Lot 2 [200' x 400'] (except City), Woodland First Subdivision 700.14 Danny K. Oberg Lot 4 (except City), Woodland First Subdivision 696.64 Equitable Federal Savings Bank of Grand Island Lot 3 (except City), Woodland First Subdivision 700.21 Dianna D. Duering Lot 1, Bartz Subdivision 381.50 Stratford Plaza, L.L.C. Lot 11 (except City), Woodland Second Subdivision 1,900.92 Bosselman Inc. Lot 8, Woodland Second Subdivision 522.69 Jerry L. & Janet C. Loney West 273 feet of Lot 1 (except City), Burch Subdivision 490.35 William & Sandra Lawrey Lot 1 (except City), Garrison Subdivision 791.46 Robert L. Clymer, Jonadyne Carpenter South 98 feet of Lot 23 and north 12 feet of Lot 24, (except City) Holcomb's Highway Homes Subdivision 385.00 Grand Island Music, Inc. Lot 1 (except City), Desert Rose Subdivision 1,497.41 Rickie D. & Susan J. Noden South 52 feet of Lot 19 and north 1 foot of Lot 20, Holcomb's Highway Homes Subdivision 183.16 Llamas Enterprises Alina Hernandez Lot 25, south 97 feet of Lot 24, and north 38 feet of Lot 26, (except City) Holcomb's Highway Homes 853.79 RESOLUTION 2005-BE-5 - 2 - Subdivision John L. & Beth A. French Lot 1 (except City), Knox Subdivision 489.41 Bradley L. Shanahan Teresa K. Brooks East 100 feet of Lot 12, and east 100 feet of Lot 13, (except City) Holcomb's Highway Homes Subdivision 700.00 William E. Lawrey North 25 feet of east 260 feet of Lot 1 and all of Lot 2, (except City) Woodland Third Subdivision 437.26 Charles A. Douthit Lot 21 (except City), Holcomb's Highway Homes Subdivision 381.57 MIK, LLC Part of NW1/4 of SW1/4 of Section 27-11-9 and part of Lot 4 Island (except City) 1,108.00 Jack E. Rasmussen, Joanne L. Rasmussen, Richard S. Rasmussen, June E. & William Blackburn Lot 1 except north 25 feet of east 260 feet, Woodland Third Subdivision 262.22 Larry Coffey West 125 feet of Lots 2, 3 and 4 (except City), Burch Subdivision 630.07 Marion D. Larsen Rev. Trust Lot 2 (except City), Woodridge South Subdivision 380.38 McDermott & Miller PC Lot 1 (except City), Woodridge South Subdivision 883.82 Cedar Street Investment Lot 2, Mil-Nic Second Addition 957.60 Integrated Holdings, Inc. Part of N½, SW¼, SW¼ of Section 27-11-9 2,084.11 O'Reilly Automotive, Inc. Lot 2 (except City), Runza Subdivision 544.74 Paulsen and Sons Inc. Lots 1 & 28 (except City), Lots 2, 3, 26, and 27, Roush's Pleasantville Terrace Subdivision 700.21 Ming Zhou Section 27-11-9; Part of Lot 1 MLD (except City) 347.24 Ronald & Lori Willis Part of NE1/4 of NE1/4 (except City) of Section 28-11-9 350.00 Evelyn Laub & Ronald Otto Trust, et al Lot 10, Woodland Second Subdivision 556.12 Theodore J. & Mason D. Robb Lot 1 (except City), Knox Third Subdivision 539.53 Theodore J. & Mason D. Robb Lot 2 (except City), Knox Third Subdivision 462.14 Theodore J. & Mason D. Robb Lot 3 (except City), Knox Third Subdivision 269.71 The Eating Establishment Lot 1 (except City), Runza Subdivision 542.01 Bennett Properties Inc. Lot 9, Woodland Second Subdivision 525.11 Ryan & Darcy Hansen Lot 15 (except City), Holcomb's Highway Homes Subdivision 379.54 Eloy Uribe & Oralia Erives Part of SW1/4 of NW1/4 of Section 27-11-9 511.56 Video Kingdom of Grand Island, Inc. South 108 feet of Lot 20 (except City), Holcomb's Highway Homes Subdivision 381.57 McCloud Super 8 Motel Inc. Part of Lot 25 (except City), Matthews Subdivision 866.18 Alpha Corporation East 260 feet of Lot 8 (except City), Woodland First Subdivision 733.08 RESOLUTION 2005-BE-5 - 3 - Brad Shearer South 126 feet of east 260 feet of Lot 6 (except City), Woodland First Subdivision 443.21 Darryl Wilhelmi Lot 5 (except City), Woodland First Subdivision 700.21 Jack E. Rasmussen, et al North 50 feet of east 260 feet of Lot 6 (except City), Woodland First Subdivision 174.48 Charles L. Hancock & Robert D. Hancock Lot 14 (except City), Holcomb's Highway Homes Subdivision 383.46 Wayne Vanosdall Sanitation Part of N1/2, SW1/4, SW1/4 of Section 27-11-9 179.59 Marion D. Larson Rev. Trust North 79 feet of Lot 27 and south 71 feet of Lot 26, (except City) Holcomb's Highway Homes Subdivision 525.21 Michael S. & Sandra S. Williams Lot 1 (except City), Burch Second Subdivision 491.75 Michael S. & Sandra S. Williams Lot 5 (except City), Burch Subdivision 419.02 Gary & Linda Shovlain Lot 3, Shovlain Second Subdivision 543.80 Jerry & Geraldine Alberts Lot 2, Shovlain Second Subdivision 420.07 Platte Valley State Bank & Trust Company Lot 1, Equestrian Meadows Subdivision 623.77 Equestrian Meadows LLC Lot 3, Equestrian Meadows Subdivision 644.63 Theodore J. Robb Part of NW1/4, SW1/4 (except City) 27-11-9 1,176.04 TOTAL $34,314.47 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 13, 2005. ____________________________________ RaNae Edwards, City Clerk Item D2 #2005-BE-6 - Consideration of Determining Benefits for Business Improvement Distinct #4 Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Determining Benefits for Business Improvement District No. 4, South Locust St. from Stolley Park Rd. to Fonner Park Rd., and Approving the Assessments Item #’s: D-2 & F-2 Presenter(s): David Springer, Finance Director Background In July, 2002, the City Council adopted Odinance No. 8751 creating Business Improvement District No. 4, South Locust Street, Stolley Park Road to Fonner Park Road. The 2005-2006 Budget, as approved by Council on July 26, 2005, provides for special assessments in the amount of $3.50 per front footage for a total of $17,349 for the 4,957 front footage. At this meeting, the Board of Equalization was set for September 13, 2005. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits for the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 4 and related assessments. Sample Motion Board of Equalization: Approve the benefits accruing to Business Improvement District No. 4 as presented. Ordinance: Approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 4, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $17,349.05; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Business Improvement District No. 4, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Michael & Mandy Westerby Lot 1, Janisch Subdivision 419.86 Niels McDermott Lot 1 (except E 10 feet), Brownell Subdivision 174.93 James & Margot Wiltgen Lot 5, Kirkpatrick Subdivision 246.93 Wiltgen Corp. II Lot 6, Kirkpatrick Subdivision 243.22 E.P.S. Investments Lot 1 (except City), Labelindo Second Subdivision 978.53 James Scott Zana Lot 1, R & R Subdivision 492.52 Fontenelle Oil Co. Block 9 (except City E1/2, S1/2), Pleasant Home Subdivision 491.33 Locust Street LLC Block 16 (except City), Pleasant Home Subdivision 978.57 M & W Investment Co. Lot 1 and Part of Lot 2, Roepke Subdivision 540.19 M & W Investment Co. Lot 1, Roepke Second Subdivision 159.25 Edwards Building Corp. Lot 1 (except City), Fonner Subdivision 524.79 Grand Island Associates, LLC Lot 1, Fonner Fourth Subdivision 1,716.82 5500 L Street Properties Co. Lot 5 (except City), Fonner Second Subdivision 699.51 5500 L Street Properties Co. Lot 6 (except City), Fonner Second Subdivision 1,400.53 Three Circle Irrigation Inc. Lot 1, Fonner Third Subdivision 1,140.79 Edwards Building Corp. Replatted Lot 3, Fonner Third Subdivision 538.62 Kenneth & Rose Mary Staab Part of SE1/4, SE1/4 of Section 21-11-9 (52 x 257') 182.00 KWM Co. Part of SE1/4, SE1/4 of Section 21-11-9 (20 ac to City) 472.75 Michael & Carey Reilly Lot 1, JNW Subdivision 539.00 Edwards Building Corp. Lot 1, JNW Second Subdivision 580.41 Sax Pizza of America, Inc. Lot 2 (except City), Sax's Subdivision 246.26 Cindy Braddy Part of SE1/4, SE1/4 of Section 21-11-9 (except City) 473.41 RESOLUTION 2005-BE-6 - 2 - U-Haul Realty Estate Co. Part of SE1/4, SE1/4 of Section 21-11-9 (except City) 699.93 Sax Pizza of America, Inc. Lot 3 (except City), Sax's Subdivision 592.83 Michael & Laurel Toukan Lot 3, Goodwill Fifth Subdivision 415.31 Toukan Properties, LLC Lot 2, Goodwill Fifth Sudivision 229.95 Byco, Inc. Lot 2, R & R Subdivision 487.73 Preferred Enterprises LLC Lot 2 (except City), Fonner Fourth Subdivision 523.04 Hall County Livestock Improvement Association Miscellaneous tracts 22-11-9 to the City; Part SW1/4, SW1/4 and Part NW1/4, SW1/4 1,160.04 TOTAL $17,349.05 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 13, 2005. ____________________________________ RaNae Edwards, City Clerk Item D3 #2005-BE-7 - Consideration of Determining Benefits for Business Improvement Distinct #5 Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Determining Benefits for Business Improvement District No. 5, Downtown, and Approving the Assessments Item #’s: D-3 & F-3 Presenter(s): David Springer, Finance Director Background In May, 2003, the City Council adopted Ordinance No. 8812 creating Business Improvement District No. 5, Downtown. The 2005-2006 Budget, as approved by Council on July 26, 2005, provides for special assessments on land and real property in the District as of January 1, 2005 in the amount of $.34227 per $100 of real property. The total taxable value of $ 23,373,443 provides for assessments of $80,000. Discussion The Cit y Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits for the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 5 and related assessments. Sample Motion Board of Equalization: Approve the benefits accruing to Business Improvement District No. 5 as presented. Ordinance: Approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-BE-7 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 5, after due notice having been given according to law, that we find and adjudge: 1. The benefits accruing to the real estate in such Business Improvement District No. 5 is the total sum of $80,007.27; and 2. According to the assessed value of the respective lots, tracts, and real estate within such Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Kinder Morgan Interstate Gas Transmission Centrally Assessed 24.04 Kinder Morgan Retail Centrally Assessed .11 Northwestern Energy Centrally Assessed 548.51 Alltel Nebraska, Inc. Centrally Assessed 4.12 Qwest Corporation Centrally Assessed 6,689.06 AT&T Communications Centrally Assessed 1,609.56 MCI Worldcom Network Services Inc. Centrally Assessed 17.32 NPCR, Inc. d/b/a Nextel Partners Centrally Assessed 2.23 Qwest Wireless, LLC Centrally Assessed 21.25 Red Wolf, Inc. S 31.9' E2/3 Lot 1, Block 54, Original Town 67.85 Red Wolf, Inc. N 100.5' E2/3 Lot 1, Block 54, Original Town 320.93 Wing Properties Inc. W1/3 Lot 1, Block 54, Original Town 26.63 R. Dennis & Patricia A. Norris Lot 2, Block 54, Original Town 563.00 John & Teresa A. Wayne N1/2 of W2/3 Lot 6, N1/2 Lot 5, Block 54, Original Town 454.80 Gus Katrouzos S 60' W1/3 Lot 5, Block 54, Original Town 81.42 Gus Katrouzos S 60' W 16' E2/3 Lot 5, Block 54, Original Town 75.19 Nickie J. Kallos E 28' S1/2 Lot 5; N 6' W 38' S1/2 Lot 5, Block 54, 188.89 - 2 - Original Town Nickie J. Kallos W 22' S1/2 Lot 6; Block 54, Original Town 148.54 R. Dennis & Patricia A. Norris E 22' W 44' S1/2 Lot 6; E 22' Lot 6, Block 54, Original Town 372.28 R. Dennis & Patricia A. Norris W1/3 Lot 7, Block 54, Original Town 298.92 R. Dennis & Patricia A. Norris C1/3 Lot 7, Block 54, Original Town 284.25 Wing Properties Inc. E1/3 Lot 7, Lot 8 (Except 15’ x 15’ x 15’ triangle sold to City), Block 54, Original Town 1,229.40 Nathan Detroits, Inc. N1/2 Lot 1, Block 55, Original Town 544.15 Nathan Detroits, Inc. N 44' S1/2 Lot 1, Block 55, Original Town 330.10 Virginia Irvine S 22' Lot 1, Block 55, Original Town 97.20 Russell L. Hoetfelker S1/2 W1/2 Lot 3; S1/2 Lot 4, Block 55, Original Town 370.44 Downtown Center, LLC N 67½' Lot 5, Block 55, Original Town 55.04 Matthew & Janelle Armstrong N 20' S 64.5' Lot 5, Block 55, Original Town 90.96 Fredda P. Bartenbach S 44.5' Lot 5, Block 55, Original Town 212.73 Arthur & Jeanene Campos E1/3 Lot 6, Block 55, Original Town 148.54 Prairie Winds Art Center, Inc. W1/3 Lot 7, Block 55, Original Town 194.39 Arlen & Rhonda Baumert E2/3 Lot 7, Block 55, Original Town 275.08 Thomas W. & Angela J. Ziller W1/3 Lot 8, Block 55, Original Town 119.18 Thomas W. & Angela J. Ziller C1/3 Lot 8, Block 55, Original Town 119.18 Thomas W. Ziller E1/3 Lot 8, Block 55, Original Town 239.39 Downtown Center, LLC N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original Town 194.28 Downtown Center, LLC N 22' of S 42', W 6' S 20', Lot 1, Block 56, Original Town 16.94 Downtown Center, LLC N 22' of S 64' Lot 1, Block 56, Original Town 15.64 Downtown Center, LLC S 20' of E 60' Lot 1, Block 56, Original Town 12.93 Shafer Properties LLC W1/3 Lot 5, Block 56, Original Town 183.39 R & B Capital Enterprises LLC E2/3 Lot 5, Block 56, Original Town 568.50 Bette Tiner, Trustee W2/3 Lot 6, Block 56, Original Town 361.27 Bette Tiner, Trustee E1/3 Lot 6, Block 56, Original Town 172.38 Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 360.20 Downtown Center, LLC Lot 8, Block 56, Original Town 1,434.89 J & B Rentals LLC Lot 1, Ziller Subdivision 568.22 Furniture Clearing House, Inc. Lot 2, Ziller Subdivision 396.12 - 3 - R.L. Fridley Theatres, Inc. E2/3 Lot 6, Block 57, Original Town 212.73 Overland Building Corp. Lot 7, Block 57, Original Town 894.93 Overland Building Corp. Lot 8, Block 57, Original Town 1,314.88 FirsTier Bank National Assoc. Lots 1 & 2, Block 58, Original Town 335.60 FirsTier Bank National Assoc. N1/2 Lot 3; N1/2 Lot 4, Block 58, Original Town 141.56 FirsTier Bank National Assoc. S1/2 Lot 3; S1/2 Lot 4, Block 58, Original Town 138.22 FirsTier Bank National Assoc. Lot 5; W 22' Lot 6, Block 58, Original Town 1,621.14 Darrell & Joyce Albers Lot 1, Jensen Subdivision 148.54 James & Mavis Reiter Lot 2, Jensen Subdivision 108.93 Kitchen & Bath Unlimited Inc. W1/3 Lot 7, Block 58, Original Town 192.56 James K. Keeshan C1/3 Lot 7, Block 58, Original Town 130.72 Jesus & Victoria Galvan Lot 1, Prensa Latina Subdivision 136.33 Eliseo & Jessica Calderon Lot 2, Prensa Latina Subdivision 149.27 Margoth Carpio & Brenda Eugenia Panameno Lot 3, Prensa Latina Subdivision 117.37 Mark Stelk Lot 4, Prensa Latina Subdivision 363.87 Mead Bldg. Centers of G.I. N 102½' Lot 1; Lot 2, Block 59, Original Town 376.86 Mead Bldg. Centers of G.I. N 33' Lot 4, Block 59, Original Town 165.05 H & H Land Co. S 29½' Lot 1, Block 59, Original Town 20.92 Mead Bldg. Centers of G.I. S 99' Lot 4; Lot 3, Block 59, Original Town 176.05 Norwest Bank NE NA, Trustee of ABE Trust & the Jale Trust Lot 5, Block 59, Original Town 250.26 Larry & Mary Ann Gerdes W 23' Lot 6, Block 59, Original Town 177.89 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 177.89 Doax Investment Co. E 20' Lot 6; W½ Lot 7, Block 59, Original Town 20.54 H & H Land Company W 22' E1/2 Lot 7, Block 59, Original Town 170.55 H & H Land Company E 11' Lot 7; Lot 8, Block 59, Original Town 498.81 CKP LLC Lots 1 & 2, Block 60, Original Town 660.19 CKP LLC Lot 3, Block 60, Original Town 146.71 Business Properties of Nebraska LLC Lot 4, Block 60, Original Town 214.56 618 W 3rd Street LLC Lots 5 & 6, Block 60, Original Town 638.19 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 638.19 First National Bank of Grand Island, Trustee of Eakes Office Lots 1 & 2, Block 61, Original Town 751.89 - 4 - Products Center Wells Fargo, Trustee of ABE and Jules Trust Lots 3 & 4, Block 61, Original Town 713.38 Tri-City Properties LLC Lot 5, Block 61, Original Town 586.84 Jack L. Hansen Lots 6, 7 and 8, Block 61, Original Town 684.60 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 212.73 Cedar Street Properties LLC N 88' Lot 1, Block 62, Original Town 569.93 Cedar Street Properties LLC Lot 2, Block 62, Original Town 220.44 Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original Town 174.22 Vogel Enterprises, Ltd. E 16' Lot 5; W ½ Lot 6, Block 62, Original Town 63.40 Vogel Enterprises, Ltd. E ½ Lot 6; W ½ Lot 7, Block 62, Original Town 366.77 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 1,126.95 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 425.46 Marlyn J. Miller W1/3 Lot 3; E1/3 Lot 4, Block 63, Original Town 298.55 Centro Cristiano International; Dios Es Amor Inc. W2/3 Lot 4, Block 63, Original Town 425.46 Monte & Sheri Hack S 88' Lot 8, Block 63, Original Town 306.26 Maude E. Walters E1/3 Lot 1, Block 64, Original Town 317.26 Craig C. Hand C1/3 Lot 1, Block 64, Original Town 143.41 Cosrec Enterprises W1/3 Lot 1, Block 64, Original Town 220.06 Glade Inc. E 44' Lot 2, Block 64, Original Town 251.24 Ivan P. & Sharon L. Walsh W1/3 Lot 2, Block 64, Original Town 199.89 Double S Properties LLC E1/3 Lot 3, Block 64, Original Town 165.05 Donald & Marilyn Mehring W2/3 Lot 3, Block 64, Original Town 577.67 Galen E. & Tamera M. Gerdes Lot 4, Block 64, Original Town 574.00 Ronald L. & Francene Zook N 22' Lot 8, Block 64, Original Town 203.56 Terry M. & Susan M. Taylor S1/2 N1/3 Lot 8, Block 64, Original Town 183.56 Laverne & Donna R. Shehein N 44' S 88' Lot 8, Block 64, Original Town 179.72 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 217.19 Drs. Grange, Pedersen & Brown E1/3 Lot 2, Block 65, Original Town 191.14 Connie Swanson Kersten C1/3 Lot 2, Block 65, Original Town 172.38 Archway Partnership W1/3 Lot 2, Block 65, Original Town 276.91 Fredda Bartenbach E1/3 Lot 3, Block 65, Original Town 82.53 - 5 - Janelle L. Brown W1/3 Lot 3, Block 65, Original Town 165.05 Allen V. & Linda Hoffer E1/3 Lot 4, Block 65, Original Town 279.35 Harriet K. Lambrecht W2/3 Lot 4, Block 65, Original Town 342.93 Terry & Susan Taylor N 22' Lot 5, Block 65, Original Town 148.54 J & B Rentals LLC S 44' N1/2 Lot 5, Block 65, Original Town 219.15 JO Enterprises Inc. S1/2 Lot 5, Block 65, Original Town 298.92 Steve & Barbara Fuller W1/3 Lot 6, Block 65, Original Town 89.00 Scott & Sheri Arnold E2/3 Lot 6, Block 65, Original Town 266.46 Transportation Equipment Co., Inc. W1/2 Lot 7, Block 65, Original Town 218.23 Drs. Grange, Pedersen, Brown N 55' of E1/2 Lot 7; N 55' Lot 8, Block 65, Original Town 58.66 Drs. Grange, Pedersen, Brown C 22' of E 4' Lot 7; C 22' of Lot 8, Block 65, Original Town 225.57 Drs. Grange, Pedersen, Brown W 18.9' of E1/2 Lot 7; N 29.9' of E 14.1' Lot 7; W 29' C 22' E1/2 Lot 7, N 29.9' of S 55' Lot 8 x CN6' S31.1' E40' Lot 8, Block 65, Original Town 247.57 Drs. Grange, Pedersen, Brown S 25.1' of Lot 8; N 6' of S 31.1' of E 40' Lot 8; and S 25.1' of E14.1' of Lot 7, Block 65, Original Town 328.26 James J. Berglund Lots 1 & 2, Block 66, Original Town 953.61 John Vipperman, Arthur Wetzel E1/3 Lot 3, Block 66, Original Town 254.91 Bonnie G. Koepke S1/3 W1/3 C1/3 Lot 3 (Except 17.5'), Block 66, Original Town 308.09 James G. Duda N88' E1/3 Lot 4, Block 66, Original Town 271.41 J. Gary & Patricia Vejvoda N 88' C1/3 Lot 4, Block 66, Original Town 319.83 Ben’s Drug Store, Inc. N80' W1/3 Lot 4, Block 66, Original Town 110.03 Masonic Templecraft Assoc. Pt W 17.5' S 44' Lot 3; N 5' S 52' W 22', & S 44', Lot 4, Block 66, Original Town 249.87 Fredda Bartenbach Lot 5, W1/3 Lot 6, Block 66, Original Town 519.57 Fredda Bartenbach E2/3 Lot 6; W1/3 Lot 7, Block 66, Original Town 264.08 James E. & Mary Ann Keeshan E2/3 Lot 7, Block 66, Original Town 279.85 Procon Management Inc. Lot 8, Block 66, Original Town 639.66 Plaza Square Development S1/2 Block 67, Original Town 1,557.47 Steven & Vicki Rasmussen W2/3 Lot 2, Block 68, Original Town 217.86 FOE #378 Pt Lot 3; Lot 4, Block 68, Original Town 742.79 Plaza Square Development Lot 5; W 22' Lot 6, Block 68, Original Town 148.54 - 6 - Equitable Building & Loan Assn Lot 1, Block 79, Original Town 315.43 Equitable Building & Loan Assn Lot 2, Block 79, Original Town 123.45 Equitable Building & Loan Assn S 44' Lot 3, S 44' Lot 4, Block 79, Original Town 717.04 Margo Schager Lot A, Gilbert’s North, 22' x 99' 179.72 Equitable Building & Loan Assn Lot B, Gilberts North 181.56 Equitable Building & Loan Assn N 26' 10½" Lot 8, Block 79, Original Town 31.15 Equitable Building & Loan Assn S 17' 1½" N 44' Lot 8, Block 79, Original Town 19.10 Equitable Building & Loan S 88' Lot 8, Block 79, Original Town 106.41 Josephine O’Neill, Trustee E 22' of Lot 4, 22' of Lot 3, Block 80, Original Town 180.14 Josephine O'Neill, Trustee W 44' of Lot 4, Block 80, Original Town 180.14 David C. Huston C1/3 Lot 8, Block 80, Original Town 300.76 Joseph M. & Lori J. Brown S 44' Lot 8, Block 80, Original Town 280.69 Ronald E. & Sharon R. Trampe W1/3 Lot 2, Block 81, Original Town 177.89 Virginia M. Harris E1/3 Lot 3, Block 81, Original Town 185.22 James S. & Precious Reed C1/3 Lot 3, Block 81, Original Town 254.91 Ronald C. & Vada M. Krauss W1/3 Lot 3, Lot 4, Block 81, Original Town 526.83 Walnut Street Partnership Lot 5, Block 81, Original Town 430.96 Walnut Street Partnership Lot 6, Block 81, Original Town 207.22 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 726.21 Schroeder-Rathman, Trustees N1/3 Lot 8, Block 81, Original Town 302.59 Morris Publishing Group LLC Lot 1, Block 82, Original Town 93.87 Morris Publishing Group LLC Lot 2, Block 82, Original Town 276.91 Morris Publishing Group LLC Lot 3, Block 82, Original Town 93.87 Morris Publishing Group LLC Lot 4, Block 82, Original Town 313.59 Morris Publishing Group LLC Lots 5, 6, 7 and 8, Block 82, Original Town 3,007.55 Grand Island Hospitality LLC Lots 1 and 2, Block 83, Original Town 462.11 JOMIDA, Inc. Lots 3 and 4, Block 83, Original Town 971.95 Michael & Sonya Wooden E 41' N 28' Lot 8, Block 83, Original Town 137.54 Michael & Sonya Wooden Pt N1/3 and S2/3 Lot 8, Block 83, Original Town 229.23 Contryman & Associates Lots 3 and 4, Block 85, Original Town 535.49 G.I. Liederkranz Lots 1, 2, 3 and 4, Block 87, Original Town 326.54 Home Federal Savings & Loan Assoc. of Grand Island Pt Lots 1, 2, 3, 4 and 7; all of Lots 5 and 6; pt Vacated Alley, Block 89, Original Town 383.28 Enviro-Clean Contractors Inc. N 60' of Fr Lots 1, 2, 3, Block 69, Original Town 410.79 - 7 - Kathleen A. Campbell W 67' S 50' Lot 4, Hann Addiiton 91.95 Hoos Insurance Agency Inc. Lot 4, Pt of Vac St, Block 97, Railroad Addition (Comp County Sub 15-11-9) 297.04 Filemon Sanchez N1/2 Lot 1, Block 98, Railroad Addition 26.12 Arvid C. Carlson Lot 2, Block 98, Railroad Addition 103.94 Buck's Rental Inc. W 52' Lot 7, Block 98, Railroad Addition 224.28 Filemon Sanchez E 14' Lot 7, Lot 8, Block 98, Railroad Addition 286.08 Contryman Associates Lots 1 and 2, Block 106, Railroad Addition 432.79 The Muffler Shop, Inc. Lots 1 and 2, Block 107, Railroad Addition 381.17 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 218.73 Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 410.81 David E. Janda, DDS S 72' Lot 8, E 29.54' of S 71.5' Lot 7, Block 107, Railroad Addition 360.20 Barbara J. Clinch N 60' of E 22' of Lot 7, N 60' Lot 8, Block 107, Railroad Addition 303.84 Richard & Marilyn Fox Lots 1 and 2, Block 108, Railroad Addition 555.70 Douglas Bookkeeping Service Inc. W 29' Lot 3, Lot 4, Block 108, Railroad Addition 679.63 Donald J. & Janet L. Placke S 88' Lot 5, Block 108, Railroad Addition 123.93 Sam Huston Rev Living Trust Lot 6, Block 108, Railroad Addition 181.50 Bosselman, Inc. Lots 7 and 8, Block 108, Railroad Addition 631.66 David A. & Carolyn J. Gilroy S 61' Lot 1; S 61' Lot 2, Block 109, Railroad Addition 204.79 Gregory T. & Gay L. Austin N 71' Lot 1; N 71' Lot 2, Block 109, Railroad Addition 131.93 Lawrence J. & Sarah Lynn Levering E 59.5' Lot 3, Block 109, Railroad Addition 139.93 Lawrence J. & Sarah Lynn Levering W 6' 6.5" Lot 3, E 52'11" Lot 4, Block 109, Railroad Addition 63.97 Roger L & Sharon K. McShannon Lots 5 and 6, Block 109, Railroad Addition 256.74 Virgil L. & Darlene G. Roush, Trustees Lots 7 & 8, Block 109, Railroad Addition 467.75 Salvation Army Block 113 and Vacated Alley, Railroad Addition 218.28 Bonna Wanek S 88' Lot 7, Block 114, Railroad Addition 56.03 Bonna Wanek Lot 8, Block 114, Railroad Addition 668.62 Artvest III Yancey Condominium 001 29.38 Artvest III Yancey Condominium 002 11.46 Equitable Building & Loan Assoc Yancey Condominium 101 41.26 - 8 - Equitable Building & Loan Assoc of Grand Island Yancey Condominium 102 170.55 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 103 249.41 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 104 616.18 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201A 542.83 Devco Investment Corporation Yancey Condominium 301 93.17 Arvon & Luella Marcotte Yancey Condominium 302 76.50 Thomas & Nita Farr Yancey Condominium 303 95.55 William L. Zins Yancey Condominium 304 103.05 Dudley & Diana Baxter Yancey Condominium 401 76.75 Artvest III Yancey Condominium 402 82.69 Artvest III Yancey Condominium 403 81.11 Joy A. Romsa Yancey Condominium 404 89.61 Artvest III Yancey Condominium 405 82.83 Larry D. Ruth Yancey Condominium 406 81.74 Wyndell & Barbara Fordham Yancey Condominium 407 107.40 Archway Partnership Yancey Condominium 501 79.68 Artvest III Yancey Condominium 502 85.73 Dudley & Diana Baxter Yancey Condominium 503 82.28 Artvest III Yancey Condominium 505 82.90 Wayne D. Abbott Yancey Condominium 506 81.84 Sandra Dawson Yancey Condominium 507 108.65 Artvest III Yancey Condominium 601 82.03 Artvest III Yancey Condominium 602 87.01 Andrew Meier Donald Matthews Yancey Condominium 603 82.42 Daniel F. Clyne Yancey Condominium 604 89.82 Artvest III Yancey Condominium 605 86.26 Ryan G. Hansen Yancey Condominium 606 97.46 Hope M. Peterson Yancey Condominium 607 110.06 Laura J. Johnson Yancey Condominium 701 82.10 Artvest III Yancey Condominium 702 87.14 - 9 - Richard & Margaret Johnson Yancey Condominium 703 83.66 Art & Jan Burtscher Yancey Condominium 704 91.06 Michelle R. Rathjen Yancey Condominium 705 84.25 Clifton J. Long, Sandra A. Thinnes Yancey Condominium 706 84.33 Nelse Zachry Yancey Condominium 707 111.31 Artvest III Yancey Condominium 801 82.20 Mapes & Co. Partnership Yancey Condominium 802 102.55 Mapes & Co. Partnership Yancey Condominium 803 88.82 David H. Wren Yancey Condominium 1002 87.35 Jeremy S. & Jack L. Gillam Yancey Condominium 1003 90.07 Ruth E. Megard, Trustee Yancey Condominium 1005 95.02 Tera VanWinkle Yancey Condominium 1006 120.65 John Patrick Tooley Yancey Condominium 1101 84.65 Linda L. Clare Rev Trust Yancey Condominium 1102 88.56 Bradley C. Kissler Yancey Condominium 1103 92.42 Frank L. Hoelck Trust Yancey Condominium 1104 124.37 Elizabeth W. Mayer Yancey Condominium 1105 97.41 Judy J. Arnett Yancey Condominium 804 120.53 Wendy Alexander Christine Alexander-Johnson Yancey Condominium 805 91.57 Gerald & Janet Janulewicz Yancey Condominium 806 119.34 James F. Nissan Rev Trust Yancey Condominium 901 82.23 Elaine & Everett Evnen Yancey Condominium 902 87.31 Elaine & Everett Evnen Yancey Condominium 903 90.00 Ann C. Atkins Yancey Condominium 904 121.74 Theodore L. Beck Yancey Condominium 905 92.74 Peggy McCann Yancey Condominium 906 120.55 Raymond West & Linda Todd Yancey Condominium 1001 83.41 Elizabeth W. Mayer Yancey Condominium 1106 123.04 Home Federal Savings & Loan Assn Lot 3, Hann's 4th Addition 1,668.79 Roxann Ellison W 18.9' of E 33' of S 25.1' Lot 7, Block 65, Original Town 41.08 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201B 65.65 - 10 - Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201C 165.05 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201D 124.70 - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 13, 2005. _____________________________________ RaNae Edwards, City Clerk Item D4 #2005-BE-8 - Consideration of Determining Benefits for 2004 Weed Abatement Program Tuesday, September 13, 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: September 13, 2005 Subject: Determination of Benefits 2004 Weed Abatement Program Item #’s: D-4 & F-6 Presenter(s): Douglas R. Walker, City Attorney Background Article III of Chapter 17 to the Grand Island City Code contains a procedure for abating nuisances created by properties that have excessive growths of weeds, grasses and other vegetation. The City Code provides for owners to receive a notice to cut their weeds and grasses and if the owners do not comply with such notice, then the City is authorized to proceed to have the work done and bill the property owner. Once the property owner has been billed, if the owner fails to pay the bill or refuses to do so, the City is authorized by Section 17-38 of the City Code to levy an assessment on the property for the amount of the mowing expenses. Discussion The City Council is being asked to assess the benefits for the weed abatement program that took place during the growing seasons of 2004. There were a number of properties within the City of Grand Island which were not mowed after notice had been sent that they were not in compliance. When the property owners did not respond to the notice, the City contracted to have the properties mowed and then sent a statement to the property owners for the cost of the mowing. The determination of benefits and levying of special assessments on the properties is the next step in the process of collecting on the mowing expense from those property owners who have not paid their mowing statements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the determination of benefits and approve levying the assessment against the property owners who have not paid their mowing bills. 2. Disapprove or /Deny the determination of benefits and levying an assessment against the property owners who have not paid their mowing bills. 3. Modify the determination of benefits and levying of special assessments to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council determine the benefits of mowing done during 2004 and levy the unpaid benefits as a lien against the properties that were mowed. Sample Motion Approve the determination of benefits. Approve the levying of assessments for unpaid mowing in 2004 against the properties which benefited from this service. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-BE-8 WHEREAS, pursuant to Sections 16-230 and 16-707, Neb. R.R.S. 1943, as amended, the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten days prior thereto by publication in a newspaper having general circulation in the City and by mail to persons whose addresses were known to her that the City Council would meet as a Board of Equalization to equalize special weed cutting assessments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the purpose of assessing the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation to the various lots and pieces of ground during the 2004 season, that: 1. The special benefits accruing to the real estate hereinafter described for each cutting is the actual expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof; and 2. The several lots and pieces of ground hereinafter described are respectively benefited by reason of such weed elimination as follows: Name/Address Description Assessment B & B Rental Properties 415 N. Locust Grand Island, NE 68801 Lot 7, Block 79, Wheeler & Bennett's 3rd 140.00 1st Preston Foreclosure Dept. of Housing/Urban Dev. 1789 W. Littleton Blvd Littleton, CO 80120 Lot 23, Block 2, Replat of Riverside Acres 130.00 Ricky & Wanda Johnson 133 N. Waldo Grand Island, NE 68803 Lot 22, Block 3, Schwarz Subdivision 170.00 Barry A. Mack 524 Johnson Drive Grand Island, NE 68803 Lot 8, Block 3, Meves 1st Subdivision 100.00 Sec of Housing/Urban Dev. 5040 Addison Cir, Ste 400 Addison, TX 75001 Lot 23, Block 2, Replat of Riverside Acres 130.00 Theresa Cummings 1001 S. Lincoln Ave. Hastings, NE 68901 Lot 3, Block 25, Russel Wheeler's Addition 100.00 Arthur Lucas ATTN: Leslie Morris 724 W. 6th Street Grand Island, NE 68801 Lot 7, Block 92, Wheeler & Bennett's 4th Subdivision 95.00 Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney Agnes Wilson 319 E. 10th Grand Island, NE 68801 Lot 2, Nagorski Subdivision 250.00 Nolberto Valdez 1711 W. John Grand Island, NE 68803 Lot 3, Block 43, Charles Wasmer's 2nd 140.00 Jose Cruz 415 S. Cherry, Apt. H49 Grand Island, NE 68801 Lot 17, Block 12, Ashton Place 125.00 Bank of New York Asset-Backed Cert 7105 Corporate Drive Plano, TX 75024 Lot 5, Block 24, Russell Wheeler's Addition 255.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 13, 2005. _____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for a Class "CK" Liquor License Tuesday, September 13, 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: September 13, 2005 Subject: Public Hearing on Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for a Class “CK” Liquor License Item #’s: E-1 & G-2 Presenter(s): RaNae Edwards, City Clerk Background H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road has submitted an application for a Class “CK” Liquor License. A Class “CK” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city and for catering services. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Healt h, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Move to approve the request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for Class “CK-69738” Liquor License. Item E2 Public Hearing on Request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 for a Class "I" Liquor License Tuesday, September 13, 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: September 13, 2005 Subject: Public Hearing on Request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road for a Class “I” Liquor License Item #’s: E-2 & G-4 Presenter(s): RaNae Edwards, City Clerk Background Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Move to approve the request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road for Class “I-69736” Liquor License. Item E3 Public Hearing on Request of Edwin D. Bolanos dba La Zona Rosa, 613 West 4th Street for a Class "I" Liquor License Tuesday, September 13, 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: September 13, 2005 Subject: Public Hearing on Request of Edwin D. Bolanos dba La Zona Rosa, 613 East 4th Street for a Class “I” Liquor License Item #’s: E-3 & G-5 Presenter(s): RaNae Edwards, City Clerk Background Edwin D. Bolanos dba La Zona Rosa, 613 East 4th Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Move to approve the request of Edwin D. Bolanos dba La Zona Rosa, 613 East 4th Street for Class “I-70104” Liquor License. Item E4 Public Hearing on Request of Dora, Inc. dba Copas d'Oro Bar, 413 West 4th Street for a Class "C" Liquor License Tuesday, September 13, 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: September 13, 2005 Subject: Public Hearing on Request of Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street for a Class “C” Liquor License Item #’s: E-4 & G-6 Presenter(s): RaNae Edwards, City Clerk Background Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Move to approve the request of Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street for Class “C-69708” Liquor License. Item E5 Public Hearing on Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist Church for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend Road Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: September 13, 2005 Subject: Request from Kansas/Nebraska Association of Seventh-Day Adventist for Approval to Construct a Telecommunication Tower at 636 S Shady Bend Road Item #’s: E-5 & G-9 Presenter(s): Craig Lewis , Building Department Director Background This is a request to allow for the construction of an 80 foot telecommunication tower at 636 S. Shady Bend Road for the broadcast of a low power FM station. The Grand Island Zoning Code requires all telecommunication tower receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, sitting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, those items have been submitted and appear to be in order. There are not other towers within a one mile radius of this request and as such the proposal appears to be a reasonable request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the conditional use permit. 2. Disapprove or /Deny the conditional use permit. 3. Modify the conditional use to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request for a conditional use permit to construct a telecommunication tower. Sample Motion Motio n to approve the request for a conditional use permit to construct a telecommunication tower at 636 S. Shady Bend Road. Item E6 Public Hearing Concerning Acquisition of Utility Easements (Heartland Events Center - Fonner Park) Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: September 13, 2005 Subject: Acquisition of Utility Easements – Hall County Livestock Improvement Association – Heartland Events Center Item #’s: E-6 & G-14 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire two easements relative to the property of the Hall County Livestock Improvement Association, located west of the southwest corner of the Heartland Events Center at Fonner Park, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Fonner Park (Hall County Livestock Improvement Association) used a design/build concept to construct the new Heartland Events Center. The location of the electrical service was not known at the time of the property subdivision. That location is now known and crosses two lots, both owned by Fonner Park (Hall County Livestock Improvement Association). These easements will be used to locate primary electrical cable and a pad-mounted transformer to provide electricity to the Heartland Events Center. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easements for one dollar ($1.00) each. Sample Motion Motion to approve acquisition of the Utility Easements. Item E7 Public Hearing on Acquisition of a Public Utility Easement Located at 1212 Johnstown Road (Diamond Plastics) Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 13, 2005 Subject: Public Hearing on Acquisition of a Public Utility Easement Located at 1212 Johnstown Road on Lot 2 of Bick’s Third Subdivision Item #’s: E-7 & G-18 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. The easement is needed for sanitary sewer service to Diamond Plastics at 1212 Johnstown Road. Discussion This easement will be used in order to have access to install, upgrade, maintain, and repair public utilities including but not limited to sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, in, underneath and through the tract of land. 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 acquisition of the Public Utility Easement. 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 resolution for the acquisition of the Public Utility Easement in the amount of One Dollar ($1.00). Sample Motion Move to approve the acquisition of the Public Utility Easement from Diamond Plastics. Item E8 Public Hearing on Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley Avenue ( Abundant Life Christian Church) Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 13, 2005 Subject: Public Hearing on Acquisition of Utility Easement Located at 3411 W Faidley Avenue for Abundant Life Christian Church Item #’s: E-8 & G-19 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. A public easement is needed to extend sanitary sewer from the existing sanitary sewer main on west North Front Street west of Webb Road to the church on Faidley. Discussion This easement will be used in order to have access to install, upgrade, maintain, and repair public utilities including but not limited to sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, in, underneath and through the tract of land. 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 acquisition of the Utility Easement. 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 resolution for the acquisition of the Utility Easement in the amount of One Dollar ($1.00). Sample Motion Move to approve the acquisition of the Utility Easement from Abundant Life Christian Church. Abundant Life Christian Church W North Front Proposed Easement N Future Weis DriveFaidley Avenue Item E9 Public Hearing on General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Public Hearing and Resolution Approving General Property, Parking District No. 2 (Ramp), and Community Redevelopment Authority Tax Request Item #’s: E-9 & I-1 Presenter(s): David Springer, Finance Director Background Nebraska State Statute 77-1601-02 requires that the City of Grand Island conduct a public hearing if the property tax request changes from one year to the next. Our general property tax request increased from $4,708,194 for FY2004-2005 to $5,212,064 for FY2005-2006, or an increase of $503,870. This represents a 10.7% increase in actual tax dollars, a 0.0% change in the City’s levy. The property tax request for Parking District No.2, also known as the Parking Ramp (Fund 271), decreased from $26,000 in FY2004-2005 to $13,000 for FY2005-2006, or a decrease of $13,000. Parking District No. 2’s levy decreased by 49.6%, even as the districts valuation decreased by 0.8%. This is the fourth consecutive year that the tax asking has been reduced for the Parking Ramp, as parking fees have covered a larger portion of operating expenses. The property tax request for the Community Redevelopment Authority increased from $457,391 for FY2004-2005 to $492,540, an increase of $35,149. This represents a 7.7% increase in property tax dollars and a 2.7% decrease in the CRA’s levy. Discussion The City Council needs to pass a resolution by majority vote setting the property tax request for the general property tax at $5,212,064, the Parking District No.2 property tax at $13,000, and the Community Redevelopment Authority property tax at $492,540. The property tax request will be published in the Grand Island Independent on September 8, 2005. It is appropriate at this time to solicit public comment. The action is contained under Resolutions. This represents the final action to be taken on the FY2005-2006 Budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the General Property, Parking District No. 2, and CRA tax requests. 2. Modify the Budget and tax requests. Recommendation City Administration recommends that the Council approve the tax requests and levies as presented. Sample Motion Approve the FY2005-2006 General Property, Parking District No.2, and Community Redevelopment Authority tax requests and levies, as presented in the related Resolution. Item F1 #9001 - Consideration of Assessments for Business Improvement District #3 This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9001 An ordinance to assess and levy a special tax to pay the 2005-2006 revenue year cost of Business Improvement District No. 3 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2005-2006 revenue year cost of Business Improvement District No. 3 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2005-2006 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment All Faiths Funeral Home LLC Part of NW1/4, NW1/4, SW1/4 of Section 27-11-9 840.00 Growth Management Corp. North 60 feet of Lot 22 (except City), Holcomb's Highway Homes Subdivision 207.34 Growth Management Corp. South 49 feet of Lot 22 and north 11 feet of Lot 23 (except City), Holcomb's Highway Homes Subdivision 210.00 Pharmacy Properties, LLC Lot 2, Equestrian Meadows Subdivision 507.47 Rex E. & Jonadyne R. Carpenter Lot 1 [200' x 400'] (except City), Woodland First Subdivision 697.97 ORDINANCE NO. 9001 (Cont.) - 2 - Rex E. & Jonadyne R. Carpenter Lot 2 [200' x 400'] (except City), Woodland First Subdivision 700.14 Danny K. Oberg Lot 4 (except City), Woodland First Subdivision 696.64 Equitable Federal Savings Bank of Grand Island Lot 3 (except City), Woodland First Subdivision 700.21 Dianna D. Duering Lot 1, Bartz Subdivision 381.50 Stratford Plaza, L.L.C. Lot 11 (except City), Woodland Second Subdivision 1,900.92 Bosselman Inc. Lot 8, Woodland Second Subdivision 522.69 Jerry L. & Janet C. Loney West 273 feet of Lot 1 (except City), Burch Subdivision 490.35 William & Sandra Lawrey Lot 1 (except City), Garrison Subdivision 791.46 Robert L. Clymer, Jonadyne Carpenter South 98 feet of Lot 23 and north 12 feet of Lot 24, (except City) Holcomb's Highway Homes Subdivision 385.00 Grand Island Music, Inc. Lot 1 (except City), Desert Rose Subdivision 1,497.41 Rickie D. & Susan J. Noden South 52 feet of Lot 19 and north 1 foot of Lot 20, Holcomb's Highway Homes Subdivision 183.16 Llamas Enterprises Alina Hernandez Lot 25, south 97 feet of Lot 24, and north 38 feet of Lot 26, (except City) Holcomb's Highway Homes Subdivision 853.79 John L. & Beth A. French Lot 1 (except City), Knox Subdivision 489.41 Bradley L. Shanahan Teresa K. Brooks East 100 feet of Lot 12, and east 100 feet of Lot 13, (except City) Holcomb's Highway Homes Subdivision 700.00 William E. Lawrey North 25 feet of east 260 feet of Lot 1 and all of Lot 2, (except City) Woodland Third Subdivision 437.26 Charles A. Douthit Lot 21 (except City), Holcomb's Highway Homes Subdivision 381.57 MIK, LLC Part of NW1/4 of SW1/4 of Section 27-11-9 and part of Lot 4 Island (except City) 1,108.00 Jack E. Rasmussen, Joanne L. Rasmussen, Richard S. Rasmussen, June E. & William Blackburn Lot 1 except north 25 feet of east 260 feet, Woodland Third Subdivision 262.22 Larry Coffey West 125 feet of Lots 2, 3 and 4 (except City), Burch Subdivision 630.07 Marion D. Larsen Rev. Trust Lot 2 (except City), Woodridge South Subdivision 380.38 McDermott & Miller PC Lot 1 (except City), Woodridge South Subdivision 883.82 Cedar Street Investment Lot 2, Mil-Nic Second Addition 957.60 Integrated Holdings, Inc. Part of N½, SW¼, SW¼ of Section 27-11-9 2,084.11 O'Reilly Automotive, Inc. Lot 2 (except City), Runza Subdivision 544.74 Paulsen and Sons Inc. Lots 1 & 28 (except City), Lots 2, 3, 26, and 27, Roush's Pleasantville Terrace Subdivision 700.21 ORDINANCE NO. 9001 (Cont.) - 3 - Ming Zhou Section 27-11-9; Part of Lot 1 MLD (except City) 347.24 Ronald & Lori Willis Part of NE1/4 of NE1/4 (except City) of Section 28-11-9 350.00 Evelyn Laub & Ronald Otto Trust, et al Lot 10, Woodland Second Subdivision 556.12 Theodore J. & Mason D. Robb Lot 1 (except City), Knox Third Subdivision 539.53 Theodore J. & Mason D. Robb Lot 2 (except City), Knox Third Subdivision 462.14 Theodore J. & Mason D. Robb Lot 3 (except City), Knox Third Subdivision 269.71 The Eating Establishment Lot 1 (except City), Runza Subdivision 542.01 Bennett Properties Inc. Lot 9, Woodland Second Subdivision 525.11 Ryan & Darcy Hansen Lot 15 (except City), Holcomb's Highway Homes Subdivision 379.54 Eloy Uribe & Oralia Erives Part of SW1/4 of NW1/4 of Section 27-11-9 511.56 Video Kingdom of Grand Island, Inc. South 108 feet of Lot 20 (except City), Holcomb's Highway Homes Subdivision 381.57 McCloud Super 8 Motel Inc. Part of Lot 25 (except City), Matthews Subdivision 866.18 Alpha Corporation East 260 feet of Lot 8 (except City), Woodland First Subdivision 733.08 Brad Shearer South 126 feet of east 260 feet of Lot 6 (except City), Woodland First Subdivision 443.21 Darryl Wilhelmi Lot 5 (except City), Woodland First Subdivision 700.21 Jack E. Rasmussen, et al North 50 feet of east 260 feet of Lot 6 (except City), Woodland First Subdivision 174.48 Charles L. Hancock & Robert D. Hancock Lot 14 (except City), Holcomb's Highway Homes Subdivision 383.46 Wayne Vanosdall Sanitation Part of N1/2, SW1/4, SW1/4 of Section 27-11-9 179.59 Marion D. Larson Rev. Trust North 79 feet of Lot 27 and south 71 feet of Lot 26, (except City) Holcomb's Highway Homes Subdivision 525.21 Michael S. & Sandra S. Williams Lot 1 (except City), Burch Second Subdivision 491.75 Michael S. & Sandra S. Williams Lot 5 (except City), Burch Subdivision 419.02 Gary & Linda Shovlain Lot 3, Shovlain Second Subdivision 543.80 Jerry & Geraldine Alberts Lot 2, Shovlain Second Subdivision 420.07 Platte Valley State Bank & Trust Company Lot 1, Equestrian Meadows Subdivision 623.77 Equestrian Meadows LLC Lot 3, Equestrian Meadows Subdivision 644.63 Theodore J. Robb Part of NW1/4, SW1/4 (except City) 27-11-9 1,176.04 TOTAL $34,314.47 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within ORDINANCE NO. 9001 (Cont.) - 4 - fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Business Improvement District No. 3". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9002 - Consideration of Assessments for Business Improvement District #4 This item relates to the aforementioned Board of Equalization Item D-2. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9002 An ordinance to assess and levy a special tax to pay the 2005-2006 revenue year cost of Business Improvement District No. 4 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2005-2006 revenue year cost of Business Improvement District No. 4 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2005-2006 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Michael & Mandy Westerby Lot 1, Janisch Subdivision 419.86 Niels McDermott Lot 1 (except E 10 feet), Brownell Subdivision 174.93 James & Margot Wiltgen Lot 5, Kirkpatrick Subdivision 246.93 Wiltgen Corp. II Lot 6, Kirkpatrick Subdivision 243.22 E.P.S. Investments Lot 1 (except City), Labelindo Second Subdivision 978.53 James Scott Zana Lot 1, R & R Subdivision 492.52 Fontenelle Oil Co. Block 9 (except City E1/2, S1/2), Pleasant Home Subdivision 491.33 Locust Street LLC Block 16 (except City), Pleasant Home Subdivision 978.57 M & W Investment Co. Lot 1 and Part of Lot 2, Roepke Subdivision 540.19 M & W Investment Co. Lot 1, Roepke Second Subdivision 159.25 ORDINANCE NO. 9002 (Cont.) - 2 - Edwards Building Corp. Lot 1 (except City), Fonner Subdivision 524.79 Grand Island Associates, LLC Lot 1, Fonner Fourth Subdivision 1,716.82 5500 L Street Properties Co. Lot 5 (except City), Fonner Second Subdivision 699.51 5500 L Street Properties Co. Lot 6 (except City), Fonner Second Subdivision 1,400.53 Three Circle Irrigation Inc. Lot 1, Fonner Third Subdivision 1,140.79 Edwards Building Corp. Replatted Lot 3, Fonner Third Subdivision 538.62 Kenneth & Rose Mary Staab Part of SE1/4, SE1/4 of Section 21-11-9 (52 x 257') 182.00 KWM Co. Part of SE1/4, SE1/4 of Section 21-11-9 (20 ac to City) 472.75 Michael & Carey Reilly Lot 1, JNW Subdivision 539.00 Edwards Building Corp. Lot 1, JNW Second Subdivision 580.41 Sax Pizza of America, Inc. Lot 2 (except City), Sax's Subdivision 246.26 Cindy Braddy Part of SE1/4, SE1/4 of Section 21-11-9 (except City) 473.41 U-Haul Realty Estate Co. Part of SE1/4, SE1/4 of Section 21-11-9 (except City) 699.93 Sax Pizza of America, Inc. Lot 3 (except City), Sax's Subdivision 592.83 Michael & Laurel Toukan Lot 3, Goodwill Fifth Subdivision 415.31 Toukan Properties, LLC Lot 2, Goodwill Fifth Sudivision 229.95 Byco, Inc. Lot 2, R & R Subdivision 487.73 Preferred Enterprises LLC Lot 2 (except City), Fonner Fourth Subdivision 523.04 Hall County Livestock Improvement Association Miscellaneous tracts 22-11-9 to the City; Part SW1/4, SW1/4 and Part NW1/4, SW1/4 1,160.04 TOTAL $17,349.05 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Business Improvement District No. 4". ORDINANCE NO. 9002 (Cont.) - 3 - SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9003 - Consideration of Assessments for Business Improvement District #5 This item relates to the aforementioned Board of Equalization Item D-3. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9003 An ordinance to assess and levy a special tax to pay the 2005-2006 revenue year cost of Business Improvement District No. 5 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2005-2006 revenue year cost of Business Improvement District No. 5 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2005-2006 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Kinder Morgan Interstate Gas Transmission Centrally Assessed 24.04 Kinder Morgan Retail Centrally Assessed .11 Northwestern Energy Centrally Assessed 548.51 Alltel Nebraska, Inc. Centrally Assessed 4.12 Qwest Corporation Centrally Assessed 6,689.06 AT&T Communications Centrally Assessed 1,609.56 MCI Worldcom Network Services Inc. Centrally Assessed 17.32 NPCR, Inc. d/b/a Nextel Partners Centrally Assessed 2.23 ORDINANCE NO. 9003 (Cont.) - 2 - Qwest Wireless, LLC Centrally Assessed 21.25 Red Wolf, Inc. S 31.9' E2/3 Lot 1, Block 54, Original Town 67.85 Red Wolf, Inc. N 100.5' E2/3 Lot 1, Block 54, Original Town 320.93 Wing Properties Inc. W1/3 Lot 1, Block 54, Original Town 26.63 R. Dennis & Patricia A. Norris Lot 2, Block 54, Original Town 563.00 John & Teresa A. Wayne N1/2 of W2/3 Lot 6, N1/2 Lot 5, Block 54, Original Town 454.80 Gus Katrouzos S 60' W1/3 Lot 5, Block 54, Original Town 81.42 Gus Katrouzos S 60' W 16' E2/3 Lot 5, Block 54, Original Town 75.19 Nickie J. Kallos E 28' S1/2 Lot 5; N 6' W 38' S1/2 Lot 5, Block 54, Original Town 188.89 Nickie J. Kallos W 22' S1/2 Lot 6; Block 54, Original Town 148.54 R. Dennis & Patricia A. Norris E 22' W 44' S1/2 Lot 6; E 22' Lot 6, Block 54, Original Town 372.28 R. Dennis & Patricia A. Norris W1/3 Lot 7, Block 54, Original Town 298.92 R. Dennis & Patricia A. Norris C1/3 Lot 7, Block 54, Original Town 284.25 Wing Properties Inc. E1/3 Lot 7, Lot 8 (Except 15’ x 15’ x 15’ triangle sold to City), Block 54, Original Town 1,229.40 Nathan Detroits, Inc. N1/2 Lot 1, Block 55, Original Town 544.15 Nathan Detroits, Inc. N 44' S1/2 Lot 1, Block 55, Original Town 330.10 Virginia Irvine S 22' Lot 1, Block 55, Original Town 97.20 Russell L. Hoetfelker S1/2 W1/2 Lot 3; S1/2 Lot 4, Block 55, Original Town 370.44 Downtown Center, LLC N 67½' Lot 5, Block 55, Original Town 55.04 Matthew & Janelle Armstrong N 20' S 64.5' Lot 5, Block 55, Original Town 90.96 Fredda P. Bartenbach S 44.5' Lot 5, Block 55, Original Town 212.73 Arthur & Jeanene Campos E1/3 Lot 6, Block 55, Original Town 148.54 Prairie Winds Art Center, Inc. W1/3 Lot 7, Block 55, Original Town 194.39 Arlen & Rhonda Baumert E2/3 Lot 7, Block 55, Original Town 275.08 Thomas W. & Angela J. Ziller W1/3 Lot 8, Block 55, Original Town 119.18 Thomas W. & Angela J. Ziller C1/3 Lot 8, Block 55, Original Town 119.18 Thomas W. Ziller E1/3 Lot 8, Block 55, Original Town 239.39 Downtown Center, LLC N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original Town 194.28 ORDINANCE NO. 9003 (Cont.) - 3 - Downtown Center, LLC N 22' of S 42', W 6' S 20', Lot 1, Block 56, Original Town 16.94 Downtown Center, LLC N 22' of S 64' Lot 1, Block 56, Original Town 15.64 Downtown Center, LLC S 20' of E 60' Lot 1, Block 56, Original Town 12.93 Shafer Properties LLC W1/3 Lot 5, Block 56, Original Town 183.39 R & B Capital Enterprises LLC E2/3 Lot 5, Block 56, Original Town 568.50 Bette Tiner, Trustee W2/3 Lot 6, Block 56, Original Town 361.27 Bette Tiner, Trustee E1/3 Lot 6, Block 56, Original Town 172.38 Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 360.20 Downtown Center, LLC Lot 8, Block 56, Original Town 1,434.89 J & B Rentals LLC Lot 1, Ziller Subdivision 568.22 Furniture Clearing House, Inc. Lot 2, Ziller Subdivision 396.12 R.L. Fridley Theatres, Inc. E2/3 Lot 6, Block 57, Original Town 212.73 Overland Building Corp. Lot 7, Block 57, Original Town 894.93 Overland Building Corp. Lot 8, Block 57, Original Town 1,314.88 FirsTier Bank National Assoc. Lots 1 & 2, Block 58, Original Town 335.60 FirsTier Bank National Assoc. N1/2 Lot 3; N1/2 Lot 4, Block 58, Original Town 141.56 FirsTier Bank National Assoc. S1/2 Lot 3; S1/2 Lot 4, Block 58, Original Town 138.22 FirsTier Bank National Assoc. Lot 5; W 22' Lot 6, Block 58, Original Town 1,621.14 Darrell & Joyce Albers Lot 1, Jensen Subdivision 148.54 James & Mavis Reiter Lot 2, Jensen Subdivision 108.93 Kitchen & Bath Unlimited Inc. W1/3 Lot 7, Block 58, Original Town 192.56 James K. Keeshan C1/3 Lot 7, Block 58, Original Town 130.72 Jesus & Victoria Galvan Lot 1, Prensa Latina Subdivision 136.33 Eliseo & Jessica Calderon Lot 2, Prensa Latina Subdivision 149.27 Margoth Carpio & Brenda Eugenia Panameno Lot 3, Prensa Latina Subdivision 117.37 Mark Stelk Lot 4, Prensa Latina Subdivision 363.87 Mead Bldg. Centers of G.I. N 102½' Lot 1; Lot 2, Block 59, Original Town 376.86 Mead Bldg. Centers of G.I. N 33' Lot 4, Block 59, Original Town 165.05 H & H Land Co. S 29½' Lot 1, Block 59, Original Town 20.92 Mead Bldg. Centers of G.I. S 99' Lot 4; Lot 3, Block 59, Original Town 176.05 Norwest Bank NE NA, Trustee Lot 5, Block 59, Original Town 250.26 ORDINANCE NO. 9003 (Cont.) - 4 - of ABE Trust & the Jale Trust Larry & Mary Ann Gerdes W 23' Lot 6, Block 59, Original Town 177.89 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 177.89 Doax Investment Co. E 20' Lot 6; W½ Lot 7, Block 59, Original Town 20.54 H & H Land Company W 22' E1/2 Lot 7, Block 59, Original Town 170.55 H & H Land Company E 11' Lot 7; Lot 8, Block 59, Original Town 498.81 CKP LLC Lots 1 & 2, Block 60, Original Town 660.19 CKP LLC Lot 3, Block 60, Original Town 146.71 Business Properties of Nebraska LLC Lot 4, Block 60, Original Town 214.56 618 W 3rd Street LLC Lots 5 & 6, Block 60, Orig inal Town 638.19 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 638.19 First National Bank of Grand Island, Trustee of Eakes Office Products Center Lots 1 & 2, Block 61, Original Town 751.89 Wells Fargo, Trustee of ABE and Jules Trust Lots 3 & 4, Block 61, Original Town 713.38 Tri-City Properties LLC Lot 5, Block 61, Original Town 586.84 Jack L. Hansen Lots 6, 7 and 8, Block 61, Original Town 684.60 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 212.73 Cedar Street Properties LLC N 88' Lot 1, Block 62, Original Town 569.93 Cedar Street Properties LLC Lot 2, Block 62, Original Town 220.44 Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original Town 174.22 Vogel Enterprises, Ltd. E 16' Lot 5; W ½ Lot 6, Block 62, Original Town 63.40 Vogel Enterprises, Ltd. E ½ Lot 6; W ½ Lot 7, Block 62, Original Town 366.77 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 1,126.95 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 425.46 Marlyn J. Miller W1/3 Lot 3; E1/3 Lot 4, Block 63, Original Town 298.55 Centro Cristiano International; Dios Es Amor Inc. W2/3 Lot 4, Block 63, Original Town 425.46 Monte & Sheri Hack S 88' Lot 8, Block 63, Original Town 306.26 Maude E. Walters E1/3 Lot 1, Block 64, Original Town 317.26 Craig C. Hand C1/3 Lot 1, Block 64, Original Town 143.41 ORDINANCE NO. 9003 (Cont.) - 5 - Cosrec Enterprises W1/3 Lot 1, Block 64, Original Town 220.06 Glade Inc. E 44' Lot 2, Block 64, Original Town 251.24 Ivan P. & Sharon L. Walsh W1/3 Lot 2, Block 64, Original Town 199.89 Double S Properties LLC E1/3 Lot 3, Block 64, Original Town 165.05 Donald & Marilyn Mehring W2/3 Lot 3, Block 64, Original Town 577.67 Galen E. & Tamera M. Gerdes Lot 4, Block 64, Original Town 574.00 Ronald L. & Francene Zook N 22' Lot 8, Block 64, Original Town 203.56 Terry M. & Susan M. Taylor S1/2 N1/3 Lot 8, Block 64, Original Town 183.56 Laverne & Donna R. Shehein N 44' S 88' Lot 8, Block 64, Original Town 179.72 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 217.19 Drs. Grange, Pedersen & Brown E1/3 Lot 2, Block 65, Original Town 191.14 Connie Swanson Kersten C1/3 Lot 2, Block 65, Original Town 172.38 Archway Partnership W1/3 Lot 2, Block 65, Original Town 276.91 Fredda Bartenbach E1/3 Lot 3, Block 65, Original Town 82.53 Janelle L. Brown W1/3 Lot 3, Block 65, Original Town 165.05 Allen V. & Linda Hoffer E1/3 Lot 4, Block 65, Original Town 279.35 Harriet K. Lambrecht W2/3 Lot 4, Block 65, Original Town 342.93 Terry & Susan Taylor N 22' Lot 5, Block 65, Original Town 148.54 J & B Rentals LLC S 44' N1/2 Lot 5, Block 65, Original Town 219.15 JO Enterprises Inc. S1/2 Lot 5, Block 65, Original Town 298.92 Steve & Barbara Fuller W1/3 Lot 6, Block 65, Original Town 89.00 Scott & Sheri Arnold E2/3 Lot 6, Block 65, Original Town 266.46 Transportation Equipment Co., Inc. W1/2 Lot 7, Block 65, Original Town 218.23 Drs. Grange, Pedersen, Brown N 55' of E1/2 Lot 7; N 55' Lot 8, Block 65, Original Town 58.66 Drs. Grange, Pedersen, Brown C 22' of E 4' Lot 7; C 22' of Lot 8, Block 65, Original Town 225.57 Drs. Grange, Pedersen, Brown W 18.9' of E1/2 Lot 7; N 29.9' of E 14.1' Lot 7; W 29' C 22' E1/2 Lot 7, N 29.9' of S 55' Lot 8 x CN6' S31.1' E40' Lot 8, Block 65, Original Town 247.57 Drs. Grange, Pedersen, Brown S 25.1' of Lot 8; N 6' of S 31.1' of E 40' Lot 8; and S 25.1' of E14.1' of Lot 7, Block 65, Original Town 328.26 James J. Berglund Lots 1 & 2, Block 66, Original Town 953.61 ORDINANCE NO. 9003 (Cont.) - 6 - John Vipperman, Arthur Wetzel E1/3 Lot 3, Block 66, Original Town 254.91 Bonnie G. Koepke S1/3 W1/3 C1/3 Lot 3 (Except 17.5'), Block 66, Original Town 308.09 James G. Duda N88' E1/3 Lot 4, Block 66, Original Town 271.41 J. Gary & Patricia Vejvoda N 88' C1/3 Lot 4, Block 66, Original Town 319.83 Ben’s Drug Store, Inc. N80' W1/3 Lot 4, Block 66, Original Town 110.03 Masonic Templecraft Assoc. Pt W 17.5' S 44' Lot 3; N 5' S 52' W 22', & S 44', Lot 4, Block 66, Original Town 249.87 Fredda Bartenbach Lot 5, W1/3 Lot 6, Block 66, Original Town 519.57 Fredda Bartenbach E2/3 Lot 6; W1/3 Lot 7, Block 66, Original Town 264.08 James E. & Mary Ann Keeshan E2/3 Lot 7, Block 66, Original Town 279.85 Procon Management Inc. Lot 8, Block 66, Original Town 639.66 Plaza Square Development S1/2 Block 67, Original Town 1,557.47 Steven & Vicki Rasmussen W2/3 Lot 2, Block 68, Original Town 217.86 FOE #378 Pt Lot 3; Lot 4, Block 68, Original Town 742.79 Plaza Square Development Lot 5; W 22' Lot 6, Block 68, Original Town 148.54 Equitable Building & Loan Assn Lot 1, Block 79, Original Town 315.43 Equitable Building & Loan Assn Lot 2, Block 79, Original Town 123.45 Equitable Building & Loan Assn S 44' Lot 3, S 44' Lot 4, Block 79, Original Town 717.04 Margo Schager Lot A, Gilbert’s North, 22' x 99' 179.72 Equitable Building & Loan Assn Lot B, Gilberts North 181.56 Equitable Building & Loan Assn N 26' 10½" Lot 8, Block 79, Original Town 31.15 Equitable Building & Loan Assn S 17' 1½" N 44' Lot 8, Block 79, Original Town 19.10 Equitable Building & Loan S 88' Lot 8, Block 79, Original Town 106.41 Josephine O’Neill, Trustee E 22' of Lot 4, 22' of Lot 3, Block 80, Original Town 180.14 Josephine O'Neill, Trustee W 44' of Lot 4, Block 80, Original Town 180.14 David C. Huston C1/3 Lot 8, Block 80, Original Town 300.76 Joseph M. & Lori J. Brown S 44' Lot 8, Block 80, Original Town 280.69 Ronald E. & Sharon R. Trampe W1/3 Lot 2, Block 81, Original Town 177.89 Virginia M. Harris E1/3 Lot 3, Block 81, Original Town 185.22 James S. & Precious Reed C1/3 Lot 3, Block 81, Original Town 254.91 Ronald C. & Vada M. Krauss W1/3 Lot 3, Lot 4, Block 81, Original Town 526.83 Walnut Street Partnership Lot 5, Block 81, Original Town 430.96 ORDINANCE NO. 9003 (Cont.) - 7 - Walnut Street Partnership Lot 6, Block 81, Original Town 207.22 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 726.21 Schroeder-Rathman, Trustees N1/3 Lot 8, Block 81, Original Town 302.59 Morris Publishing Group LLC Lot 1, Block 82, Original Town 93.87 Morris Publishing Group LLC Lot 2, Block 82, Original Town 276.91 Morris Publishing Group LLC Lot 3, Block 82, Original Town 93.87 Morris Publishing Group LLC Lot 4, Block 82, Original Town 313.59 Morris Publishing Group LLC Lots 5, 6, 7 and 8, Block 82, Original Town 3,007.55 Grand Island Hospitality LLC Lots 1 and 2, Block 83, Original Town 462.11 JOMIDA, Inc. Lots 3 and 4, Block 83, Original Town 971.95 Michael & Sonya Wooden E 41' N 28' Lot 8, Block 83, Original Town 137.54 Michael & Sonya Wooden Pt N1/3 and S2/3 Lot 8, Block 83, Original Town 229.23 Contryman & Associates Lots 3 and 4, Block 85, Origina l Town 535.49 G.I. Liederkranz Lots 1, 2, 3 and 4, Block 87, Original Town 326.54 Home Federal Savings & Loan Assoc. of Grand Island Pt Lots 1, 2, 3, 4 and 7; all of Lots 5 and 6; pt Vacated Alley, Block 89, Original Town 383.28 Enviro-Clean Contractors Inc. N 60' of Fr Lots 1, 2, 3, Block 69, Original Town 410.79 Kathleen A. Campbell W 67' S 50' Lot 4, Hann Addiiton 91.95 Hoos Insurance Agency Inc. Lot 4, Pt of Vac St, Block 97, Railroad Addition (Comp County Sub 15-11-9) 297.04 Filemon Sanchez N1/2 Lot 1, Block 98, Railroad Addition 26.12 Arvid C. Carlson Lot 2, Block 98, Railroad Addition 103.94 Buck's Rental Inc. W 52' Lot 7, Block 98, Railroad Addition 224.28 Filemon Sanchez E 14' Lot 7, Lot 8, Block 98, Railroad Addition 286.08 Contryman Associates Lots 1 and 2, Block 106, Railroad Addition 432.79 The Muffler Shop, Inc. Lots 1 and 2, Block 107, Railroad Addition 381.17 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 218.73 Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 410.81 David E. Janda, DDS S 72' Lot 8, E 29.54' of S 71.5' Lot 7, Block 107, Railroad Addition 360.20 Barbara J. Clinch N 60' of E 22' of Lot 7, N 60' Lot 8, Block 107, Railroad Addition 303.84 Richard & Marilyn Fox Lots 1 and 2, Block 108, Railroad Addition 555.70 Douglas Bookkeeping Service W 29' Lot 3, Lot 4, Block 108, Railroad Addition 679.63 ORDINANCE NO. 9003 (Cont.) - 8 - Inc. Donald J. & Janet L. Placke S 88' Lot 5, Block 108, Railroad Addition 123.93 Sam Huston Rev Living Trust Lot 6, Block 108, Railroad Addition 181.50 Bosselman, Inc. Lots 7 and 8, Block 108, Railroad Addition 631.66 David A. & Carolyn J. Gilroy S 61' Lot 1; S 61' Lot 2, Block 109, Railroad Addition 204.79 Gregory T. & Gay L. Austin N 71' Lot 1; N 71' Lot 2, Block 109, Railroad Addition 131.93 Lawrence J. & Sarah Lynn Levering E 59.5' Lot 3, Block 109, Railroad Addition 139.93 Lawrence J. & Sarah Lynn Levering W 6' 6.5" Lot 3, E 52'11" Lot 4, Block 109, Railroad Addition 63.97 Roger L & Sharon K. McShannon Lots 5 and 6, Block 109, Railroad Addition 256.74 Virgil L. & Darlene G. Roush, Trustees Lots 7 & 8, Block 109, Railroad Addition 467.75 Salvation Army Block 113 and Vacated Alley, Railroad Addition 218.28 Bonna Wanek S 88' Lot 7, Block 114, Railroad Addition 56.03 Bonna Wanek Lot 8, Block 114, Railroad Addition 668.62 Artvest III Yancey Condominium 001 29.38 Artvest III Yancey Condominium 002 11.46 Equitable Building & Loan Assoc Yancey Condominium 101 41.26 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 102 170.55 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 103 249.41 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 104 616.18 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201A 542.83 Devco Investment Corporation Yancey Condominium 301 93.17 Arvon & Luella Marcotte Yancey Condominium 302 76.50 Thomas & Nita Farr Yancey Condominium 303 95.55 William L. Zins Yancey Condominium 304 103.05 Dudley & Diana Baxter Yancey Condominium 401 76.75 ORDINANCE NO. 9003 (Cont.) - 9 - Artvest III Yancey Condominium 402 82.69 Artvest III Yancey Condominium 403 81.11 Joy A. Romsa Yancey Condominium 404 89.61 Artvest III Yancey Condominium 405 82.83 Larry D. Ruth Yancey Condominium 406 81.74 Wyndell & Barbara Fordham Yancey Condominium 407 107.40 Archway Partnership Yancey Condominium 501 79.68 Artvest III Yancey Condominium 502 85.73 Dudley & Diana Baxter Yancey Condominium 503 82.28 Artvest III Yancey Condominium 505 82.90 Wayne D. Abbott Yancey Condominium 506 81.84 Sandra Dawson Yancey Condominium 507 108.65 Artvest III Yancey Condominium 601 82.03 Artvest III Yancey Condominium 602 87.01 Andrew Meier Donald Matthews Yancey Condominium 603 82.42 Daniel F. Clyne Yancey Condominium 604 89.82 Artvest III Yancey Condominium 605 86.26 Ryan G. Hansen Yancey Condominium 606 97.46 Hope M. Peterson Yancey Condominium 607 110.06 Laura J. Johnson Yancey Condominium 701 82.10 Artvest III Yancey Condominium 702 87.14 Richard & Margaret Johnson Yancey Condominium 703 83.66 Art & Jan Burtscher Yancey Condominium 704 91.06 Michelle R. Rathjen Yancey Condominium 705 84.25 Clifton J. Long, Sandra A. Thinnes Yancey Condominium 706 84.33 Nelse Zachry Yancey Condominium 707 111.31 Artvest III Yancey Condominium 801 82.20 Mapes & Co. Partnership Yancey Condominium 802 102.55 Mapes & Co. Partnership Yancey Condominium 803 88.82 David H. Wren Yancey Condominium 1002 87.35 Jeremy S. & Jack L. Gillam Yancey Condominium 1003 90.07 ORDINANCE NO. 9003 (Cont.) - 10 - Ruth E. Megard, Trustee Yancey Condominium 1005 95.02 Tera VanWinkle Yancey Condominium 1006 120.65 John Patrick Tooley Yancey Condominium 1101 84.65 Linda L. Clare Rev Trust Yancey Condominium 1102 88.56 Bradley C. Kissler Yancey Condominium 1103 92.42 Frank L. Hoelck Trust Yancey Condominium 1104 124.37 Elizabeth W. Mayer Yancey Condominium 1105 97.41 Judy J. Arnett Yancey Condominium 804 120.53 Wendy Alexander Christine Alexander-Johnson Yancey Condominium 805 91.57 Gerald & Janet Janulewicz Yancey Condominium 806 119.34 James F. Nissan Rev Trust Yancey Condominium 901 82.23 Elaine & Everett Evnen Yancey Condominium 902 87.31 Elaine & Everett Evnen Yancey Condominium 903 90.00 Ann C. Atkins Yancey Condominium 904 121.74 Theodore L. Beck Yancey Condominium 905 92.74 Peggy McCann Yancey Condominium 906 120.55 Raymond West & Linda Todd Yancey Condominium 1001 83.41 Elizabeth W. Mayer Yancey Condominium 1106 123.04 Home Federal Savings & Loan Assn Lot 3, Hann's 4th Addition 1,668.79 Roxann Ellison W 18.9' of E 33' of S 25.1' Lot 7, Block 65, Original Town 41.08 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201B 65.65 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201C 165.05 Equitable Building & Loan Assoc of Grand Island Yancey Condominium 201D 124.70 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby ORDINANCE NO. 9003 (Cont.) - 11 - satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Downtown Bus iness Improvement District No. 5". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9004 - Consideration of Amending Chapter 13 of the Grand Island City Code Relative to Downtown Improvement and Parking District No. 1 Taxes Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Consideration of Amending City Code Chapter 13-3 Relative to Tax Rate for Downtown Improvement and Parking District No. 1 Item #’s: F-4 Presenter(s): David Springer, Finance Director Background This request is the annual Council action to establish the occupation tax that supports the budget for Downtown Improvement and Parking District No. 1. Assessments in this district are based upon an occupation tax on the public space of the businesses operating within the District and are ordinarily paid by the business occupants of the space. This district has been in place since 1975, and is primarily focused on physical improvements and maintena nce of public parking lots and green areas and other activities as allowed by NE. Rev Statutes 19-4016-4038. Discussion The FY2005-2006 occupation tax factor is $.1370 per square foot of public use space, with a minimum annual fee of $93.80. Total non-exempt footage in the District is 287,603 which would provide for occupation taxes of $40,023.88. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the amendment to the city code. 2. Modify the amendment to meet the wishes of the Council. 3. Deny the amendment. Recommendation City Administration recommends that the Council approve the amendment to City Code. Sample Motion Approve the Amendment to City Code Chapter 13-3 relative to the tax rate for the Downtown Improvement and Parking District No. 1. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9004 An ordinance to amend Chapter 13 of the Grand Island City Code; to amend Section 13-3 pertaining to the occupation tax for Downtown Improvement and Parking District No. 1; to repeal Section 13-3 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 13-3 of the Grand Island City Code is hereby amended to read as follows: §13-3. Tax Rate The annual rate of the general license and occupation tax and classification of businesses shall be as follows: (1) $00.1370 $00.1377 square foot floor space upon all space used for business and professional offices in the district; provided, (2) $93.80 $104.72 minimum annual tax for any single business or professional office should the tax rate under (1) above be less than $93.80$104.72. SECTION 2. Section 13-3 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. 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: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #9005 - Consideration of Amending Chapter 21 of the Grand Island City Code Relative to Recreational Vehicles and Mobile Home Parks Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: September 13, 2005 Subject: Amend Chapter 21 of the Grand Island City Code Relative to Recreational Vehicles and Mobile Home Parks Item #’s: F-5 Presenter(s): Craig Lewis , Building Department Director Background This is a request to amend City Code section 21-18 to allow for a reduction in the amount of space provided by Manufactured Home Parks when providing recreational vehicle spaces. The City Code cur rently requires a site of at least 3,000 square feet for either a manufactures home or a recreational vehicle. The City Code does not currently have specific standards for recreational vehicle spaces, the proposed ordinance will identify specific requirement for recreational vehicle sites. Discussion The current sections of the City Code do not address any specific requirement for recreational vehicle sites, as these vehicles are less in size than manufactures homes and the duration of stay is limited, reduced size and separations required appear reasonable. Recreational Vehicle sites Manufactured Home sites 1,500 square feet 3,000 square feet 30’ minimum width no minimum width 5’ setback to site boundary no minimum to boundary 10’ separation between vehicles 15’ separation between homes 1 vehicle parking pad 2 vehicle parking pads single meter for multiple sites single meter for each site To accommodate the recent requests to provide recreational vehicle sites within existing parks the proposed modification appear to provide some reasonable restriction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the ordinance.. 2. Disapprove or /Deny the ordinance. 3. Modify the ordinance to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the ordinance to provide restrictions for recreational vehicle sites proposed within manufactured home parks. Sample Motion Motio n to approve ordinance number 9005. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9005 An ordinance to amend Chapter 21 of the Grand Island City Code; to amend Section 21-18 pertaining to Manufactured Home Park location, area, general layout and improvements; to repeal Section 21-18 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 21-18 of the Grand Island City Code is hereby amended to read as follows: §21-18. Location, Area, General Layout and Improvements The manufactured home park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply. A Storm Water Drainage Plan shall be submitted and approved by the Director of Public Works. All such manufactured home parks shall be in the areas free from marshes, swamp, or other potential breeding places for insects or rodents. The area of the manufactured home park shall be large enough to accommodate: (A) The designated number of home spaces (B) Necessary streets and roadways (C) Off-street parking of automobiles shall be provided; such spaces shall be hard surfaced and in the amount of two (2) per dwelling. Parking spaces may be provided on unit space where trailers are parked, by separate parking areas, or both. Each manufactured home space shall contain a minimum of three thousand (3,000) square feet. Every manufactured home space shall abut on a driveway or other clear area with unobstructed access to a public street. Such places shall be defined and enumerated. Manufactured homes shall be parked in such spaces so that there will be a minimum of fifteen feet between manufactured homes and so that no manufactured home will be less than ten feet from the exterior boundary of the manufactured home park. It shall be unlawful to locate a manufactured home less than thirty feet from any state highway, or so that any part of such manufactured home will obstruct any roadway or walkway in a manufactured home park. It shall be unlawful to allow any manufactured home to be occupied in a manufactured home park unless the manufactured home is situated on a manufactured home space. Access roads shall be provided to each manufactured home space. Each access road shall provide for continuous forward movement, shall connect with a street or highway, shall have a minimum width of forty feet, and provide for emergency vehicle access. All newly constructed roadways, access roads and parking spaces shall be constructed with a permanent type, dust-free surface such as asphaltic cement concrete, portland cement concrete, or paving brick. The ten (10) foot exterior boundary shall be landscaped as per requirements identified in §36-36.1 of this code. Recreational Vehicle Sites shall provide the following: (1) A minimum site of 1,500 square feet. (2) A minimum site width of 30 feet. (3) A minimum setback to site boundary of 5 feet. (4) A minimum separation between vehicles of 12 feet. (5) One hard surfaced vehicle parking pad of 180 square feet for a passenger vehicle. ORDINANCE NO. 9005 (Cont.) - 2 - (6) All recreational vehicle sites shall be served with a single meter and service for electrical and water utilities, except where multiple spaces are separated by access roadways, in which case separate services and meters may be allowed for each grouping of recreational vehicle sites. (7) All applicable provisions of the Building, Electrical, and Plumbing codes shall apply. SECTION 2. Section 21-18 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. 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: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #9006 - Consideration of Assessments for 2004 Weed Abatement Program This item relates to the aforementioned Board of Equalization Item D-4. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9006 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for 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. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2004 season in proportion to the special benefits to such real estate as determined and assessed by the City Council sitting as a Board of Equalization after due notice thereof, in the following amounts: Name/Address Description Assessment B & B Rental Properties 415 N. Locust Grand Island, NE 68801 Lot 7, Block 79, Wheeler & Bennett's 3rd 140.00 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9006 (Cont.) - 2 - 1st Preston Foreclosure Dept. of Housing/Urban Dev. 1789 W. Littleton Blvd Littleton, CO 80120 Lot 23, Block 2, Replat of Riverside Acres 130.00 Ricky & Wanda Johnson 133 N. Waldo Grand Island, NE 68803 Lot 22, Block 3, Schwarz Subdivision 170.00 Barry A. Mack 524 Johnson Drive Grand Island, NE 68803 Lot 8, Block 3, Meves 1st Subdivision 100.00 Sec of Housing/Urban Dev. 5040 Addison Cir, Ste 400 Addison, TX 75001 Lot 23, Block 2, Replat of Riverside Acres 130.00 Theresa Cummings 1001 S. Lincoln Ave. Hastings, NE 68901 Lot 3, Block 25, Russel Wheeler's Addition 100.00 Arthur Lucas ATTN: Leslie Morris 724 W. 6th Street Grand Island, NE 68801 Lot 7, Block 92, Wheeler & Bennett's 4th Subdivision 95.00 Agnes Wilson 319 E. 10th Grand Island, NE 68801 Lot 2, Nagorski Subdivision 250.00 Nolberto Valdez 1711 W. John Grand Island, NE 68803 Lot 3, Block 43, Charles Wasmer's 2nd 140.00 Jose Cruz 415 S. Cherry, Apt. H49 Grand Island, NE 68801 Lot 17, Block 12, Ashton Place 125.00 Bank of New York Asset-Backed Cert 7105 Corporate Drive Plano, TX 75024 Lot 5, Block 24, Russell Wheeler's Addition 255.00 SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. ORDINANCE NO. 9006 (Cont.) - 3 - SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the general fund. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. SECTION 7. 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: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F7 #9007 - Consideration of Vacating Right of Way at 722 E 7th Street Tuesday, September 13, 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: September 13, 2005 Subject: Consideration of Vacating Excess Right of Way at 722 E 7th Street Item #’s: F-7 Presenter(s): Steven P. Riehle, Public Works Director Backgro und Council action is required for vacation of Right-of-Way and Easements through the passing of an ordinance. Excess Right of Way along 7th Street south of 707 St. Paul Road was vacated in 1978. Discussion The excess Right of Way for this parcel should have been vacated when the Right of Way to the west was vacated. Staff recommends the parcel of excess Right of Way along 7th Street in front of 722 E 7th Street be vacated. An easement should be retained for an existing water main. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve vacating the excess Right of Way. 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 pass an ordinance vacating the excess Right of Way along 722 E 7th Street and conveying it to the property at 722 E 7th Street. Sample Motion Move to approve the request to vacate the excess Right-of-Way. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney ORDINANCE NO. 9007 An ordinance to vacate excess right-of-way at 722 E. 7th Street, conditioned upon the retention of a public utility eaesment; to provide for the filing of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the excess right-of-way in front of 722 E. 7th Street in the City of Grand Island, Hall County, Nebraska, more particularly described as follows, is hereby vacated, conditioned upon the retention of a sixteen (16.0) foot wide utility easement as shown on Exhibit "A" attached hereto and incorporated herein by this reference: Beginning at the southeast corner of Lot Eight (8), Block Nine (9), Voitle's Addition; thence southwesterly to a point where a line being a prolongation of the west line of Lot Eight (8), Block Nine (9), Voitle's Addition intersects; thence northerly on said prolongation for a distance of thirty five (35.0) feet to the southwest corner of Lot Eight (8), Block Nine (9), Voitle's Addition; thence northeasterly on the south line of said Lot Eight (8), Block Nine (9), Voitle's * This Space Reserved for Register of Deeds * ORDINANCE NO. ______ (Cont.) - 2 - Addition to the point of beginning, as shown on the plat dated September 1, 2005, attached hereto as Exhibit "A", and incorporated herein by this reference. SECTION 2. Subject to the public utilities easement retained, the title to the right-of-way vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same, namely Lot Eight (8), Block Nine (9), Voitle's Addition to the City of Grand Island, Hall County, Nebraska. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. 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: September 13, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of August 23, 2005 City Council Regular Meeting The Minutes of August 23, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, September 13, 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 August 23, 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 August 23, 2005. Notice of the meeting was given in the Grand Island Independent on August 17, 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, and Public Works Director Steve Riehle. INVOCATION was given by Father Phil Flott, St. Mary’s Cathedral Catholic Church, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Ray Micek, Distribution Superintendent with the Utilities Department for 40 Years of Service with the City. Mayor Vavricek and the City Council recognized Ray Micek for his 40 years of dedicated service with the City as Distribution Superintendent with the Utilities Department. Gary Mader, Utilities Director commented on Mr. Micek’s service and thanked him. Mr. Micek and his wife Mary were present. Recognition of Larry Cornelius, Senior Engineering Technician with the Public Works Department for 35 Years of Service with the City. Mayor Vavricek and the City Council recognized Larry Cornelius for his 35 years of dedicated service with the City as Senior Engineering Technician with the Public Works Department. Steve Riehle, Public Works Director commented on Mr. Cornelius’ service and thanked him. Mr. Cornelius and his wife Ellie were present. PUBLIC HEARINGS: Public Hearing on Change of Zoning for Land Located at 224 East Capital Avenue from M2 Heavy Manufacturing to B2 General Business. Chad Nabity, Regional Planning Department Director reported that rezoning was required for property located at 224 East Capital Avenue from M2 Heavy Manufacturing to B2 General Business. If approved the owners would be able to rebuild the house should it become damaged which was not the case with the current zoning. No public testimony was heard. Page 2, City Council Regular Meeting, August 23, 2005 Public Hearing on Change of Zoning for Land that was Proposed for Platting as El Huerto Subdivision Located South of Capital Avenue and East of St. Paul Road from RD Residential Development to TA Transitional Agricultural. Chad Nabity, Regional Planning Director reported that El Huerto Subdivision was approved more than 18 months ago and construction had not started. According to the Grand Island Zoning Regulations RD zones must be rezoned to an appropriate district if construction does not begin in the first 18 months and the developer had not requested and been granted a six month extension. No public testimony was heard. Public Hearing on Change of Zoning for Land Located South of Sandra Road and East of South Locust Street from LLR Large Lot Residential to RO Residential Office. Chad Nabity, Regional Planning Director reported that Beverly Healthcare Lakeview had purchased this property located adjacent to and south of their existing building. They were requesting the property be rezoned to allow them to expand their operation. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8997 – Consideration of Change of Zoning for Land Located at 224 East Capital Avenue from M2 Heavy Manufacturing to B2 General Business #8999 – Consideration of Change of Zoning for Land Located South of Sandra Road and East of South Locust Street from LLR Large Lot Residential to RO Residential Office #8998 – Consideration of Change of Zoning for Land that was Proposed for Platting as El Huerto Subdivision Located South of Capital Avenue and East of St. Paul Road from RD Residential Development to TA Transitional Agricultural #9000 – Consideration of Approving FY 2005-2006 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Councilmember Pielstick complimented Administration and staff on their work regarding Ordinance #9000. City Clerk: Ordinances #8997, #8999, #8998, and #9000 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #8997, #8999, #8998, and #9000 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, August 23, 2005 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8997, #8999, #8998, and #9000 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent item G-9 was pulled for further discussion. Motion by Hornady, second by Whitesides to approve the Consent Agenda excluding item G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 9, 2005 City Council Regular Meeting. Approving Minutes of August 10, 2005 City Council Special Budget Meeting. Receipt of Official Document – Civil Service Minutes of July 20, 2005. #2005-232 – Approving a Resolution of Support for the Rural Enterprise Assistance Project (REAP) to Provide Future Business Development Services. #2005-233 – Approving Grand Island Area Economic Development Recommendation to Rescind Contract with Westward Airways, Inc. #2005-234 – Approving Bid Award for Water Main District No. 450 and 451 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $205,154.38. #2005-235 – Approving Bid Award for Construction of Buildings, Baffles, Sheds, and Picnic Shelter for the Heartland Public Shooting Park with Galvan Construction of Grand Island, Nebraska in an Amount of $452,706.00. #2005-236 – Approving Agreement with Nebraska Department of Roads for Construction of the Grand Island River Way Trail for an Approximate Amount of $86,977.00 to the City. #2005-238 – Approving Bid Award for Auger Type Loader Mounted Snow Blower for the Street & Transportation Division with Nebraska Machinery Co. of Doniphan, Nebraska in an Amount of $55,560.00. #2005-239 – Approving Bid Award for Construction of Two Bridges for Northbound Lanes on South Locust Street North of Interstate 80 with Diamond Engineering Company, Inc. of Grand Island, Nebraska in an Amount of $1,179,155.59 and to Rescind Resolution #2005-226. #2005-240 – Approving Program Agreement with Nebraska Department of Roads for Widening of Capital Avenue from Moores Creek Drain to Webb Road. #2005-241 – Approving Agreement for Construction Engineering Services for Two Bridges on South Locust Street North of Interstate 80 with TranSystems Corporation of Omaha, Nebraska for an Amount not to exceed $152,701.62. Page 4, City Council Regular Meeting, August 23, 2005 #2005-230 – Approving Settlement Agreement with Karl & Kathy Siemon in an Amount of $1,000 and for Installation of Sanitary Sewer Backup Device #2005-242 – Approving Interlocal Agreement with Hall County Relative to Bookmobile. #2005-237 – Approving Consultant Agreement for Homeless Study with Center for Rural Research and Development of Kearney, Nebraska in an Amount not to exceed $49,300.00. Councilmember Pielstick questioned the billing process for the homeless study. Marsha Kashlon, Community Development Administrator explained the process and introduced Kay Payne representing the Center for Rural Research and Development who stated they would bill the city each month for services completed. Motion was made by Pielstick, second by Hornady to approve Resolution #2005-237. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Mark Galvan of 584 East 20th Street Regarding Managing Girls Softball League. Mark Galvan, 584 East 20th Street requested a change to the management of the Girls Softball League. Mr. Galvan encouraged the association with the Nebraska Softball Association. Councilmember Pielstick commented that this was a private entity and council could not vote on this. Discussion was held regarding Kearney’s leagues and the Nebraska Softball Association. Steve Paustian, Parks and Recreation Director explained the background of the girls softball program. Councilmember Whitesides encouraged Mr. Galvan to form an organization and then come back to council for use of the softball fields. Vern Engel, 528 Wyandotte Street, President of the Girls Softball Association answer questions concerning their association and the processes that had taken place this season. Mike Galvan, 575 East Capital Avenue spoke concerning several issues that had happened during the softball season and spoke in support of the changes recommended by Mark Galvan. Kevin Woodward, 2407 Cottonwood Road commented on liability issues and encouraged the council with the recommended changes. Gary Greer, City Administrator explained his experiences in Kearney, NE and Manhattan, KS under his management and how their fields functioned. Mr. Greer stated the city’s responsibility was to maintain the fields. He recommended the City schedule the fields allowing for more than one association to use the fields and suggested council take this under advisement. Consideration of Request from Connie VanWie, 10 Kuester Lake Road Regarding Pool Facilities. Connie VanWie, 10 Kuester Lake Road requested the City look at construction of a competitive pool facility. Ms. Van Wie commented on the needs of the community. A lengthy discussion was held by council regarding costs and budgets. Page 5, City Council Regular Meeting, August 23, 2005 Tricia Beem, 1419 Hage and Todd Paulsen, St. Paul, NE spoke in support of a therapeutic pool facility. Irene Abernethy, 707 South Blaine Street and Thor Larson, 2310 West Louise spoke in support of a competitive pool facility. The City Council encouraged joint efforts and private donations to start the efforts of a facility like this. Current commitments and budgets would not allow the council to approve this request at this time. RESOLUTIONS: #2005-243 – Consideration of Approving 1% Increase to the Lid Limit. David Springer, Finance Director reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax and State Aid. Of those restricted revenues, property tax was the only revenue that the City could control. The increase in restricted funds authority using the 1% additional amount and the population growth (when available) was not an increase in budgeted revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a future year if necessary. Motion was made by Whitesides, second by Hornady to approve Resolution #2005-243. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of August 10, 2005 through August 23, 2005, for a total amount of $3,447,356.07. Motion adopted unanimously. Councilmember Pielstick abstained from voting on claims #105832 and #106391. ADJOURN TO EXECUTIVE SESSION: Motion by Hornady, second by Walker to adjourn to Executive Session at 9:05 p.m. for the purpose of discussing personnel issues. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Meyer, to return to Regular Session at 9:30 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. RaNae Edwards City Clerk Item G2 Approving Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for a Class "CK" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G3 Approving Request of Donita Hagemeier, R. R. 1, Box 190 East Hwy. 70, Arcadia, Nebraska for Liquor Manager Designation for H & H Catering, 700 East Stolley Park Road Tuesday, September 13, 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: September 13, 2005 Subject: Request of Donita Hagemeier, R.R. 1, Box 190 East Hwy. 70, Arcadia, Nebraska for Liquor Manager Designation for H & H Catering, 700 East Stolley Park Road Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Donita Hagemeier, R. R. 1, Box 190 East Hwy. 70, Arcadia, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “CK-69738” Liquor License for H & H Catering, 700 East Stolley Park Road. This application ha s been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Donita Hagemeier, R.R. 1, Box 190 East Hwy 70, Arcadia, Nebraska for Liquor Manager Designation in conjunction with the Class “CK- 69738” Liquor License for H & H Catering, 700 East Stolley Park Road. Item G4 Approving Request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 for a Class "I" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 Approving Request of Edwin D. Bolanos dba La Zona Rosa, 613 West 4th Street for a Class "I" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G6 Approving Request of Dora, Inc. dba Copas d'Oro Bar, 413 West 4th Street for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 Approving Request of Mateo Martinez, 110 West 11th Street for a Liquor Manager Designation for Copas d'Oro Bar, 413 West 4th Street Tuesday, September 13, 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: September 13, 2005 Subject: Request of Mateo Martinez, 110 West 11th Street for Liquor Manager Designation for Copas d’Oro Bar, 413 West 4th Street Item #’s: G-7 Presenter(s): RaNae Edwards, City Clerk Background Mateo Martinez, 110 West 11th Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-69708” Liquor License for Copad d’Oro Bar, 413 West 4th Street. This application ha s been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Mateo Martinez, 110 West 11th Street for Liquor Manager Designation in conjunction with the Class “C-69708” Liquor License for Copas d’Oro Bar, 413 West 4th Street. Item G8 Approving Request of Matthew Carr, 3720 West State Street for Liquor Manager Designation for Old Chicago, 3404 West 13th Street Tuesday, September 13, 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: September 13, 2005 Subject: Request of Matthew Carr, 3720 West State Street for Liquor Manager Designation for Old Chicago, 3404 West 13th Street Item #’s: G-8 Presenter(s): RaNae Edwards, City Clerk Background Matthew Carr, 3720 West State Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “I-66082” Liquor License for Old Chicago, 3404 West 13th Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Matthew Carr, 3720 West State Street for Liquor Manager Designation in conjunction with the Class “I-66082” Liquor License for Old Chicago, 3404 West 13th Street. Item G9 Approving Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist Church for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend Road This item relates to the aforementioned Public Hearing Item E-5. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G10 Approving Preliminary Plat for Kaaar Subdivision Tuesday, September 13, 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: September 13, 2005 Subject: Kaaar Subdivision - Preliminary Plat Item #’s: G-10 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 10 lots on a parcel of land located in the W ½ NW ¼ SE ¼ 12-11-10. This land consists of approximately 14.83 acres. Discussion This property is zoned B2 General Commercial. The developer is proposing a 41 foot wide public street built to city standards. Sewer and water lines will be extended to serve the proposed lots. The lot sizes all exceed the minimums for the B2 zone. Alternatives It appears that the Council 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 Haskins 2nd by Miller 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 11 members present (Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes Wagoner) voting in favor. Sample Motion Approve the Preliminary Plat for Kaaar Subdivision as presented. Item G11 #2005-244 - Approving Final Plat and Subdivision Agreement for Luzenac Fourth Subdivision Tuesday, September 13, 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: September 13, 2005 Subject: Luzenac Fourth Subdivision - Final Plat Item #’s: G-11 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to resubdivide lot 1 Luzenac Third Subdivision into 2 lots. This land consists of approximately 25.291 acres. Discussion The property is zoned M2 Heavy Manufacturing. Access is available to both lots from U.S. Highway 30. Sewer and water will be extended to serve both lots. The lot sizes exceed the minimums for the M2 Zone. 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 Haskins 2nd by Miller 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 11 members present (Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes Wagoner) voting in favor. Sample Motion Approve the Final Plat for Luzenac Fourth Subdivision as presented. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-244 WHEREAS, the County of Hall, Nebraska, a body politic and corporate, as owner, has caused to be laid out into lots, a tract of land comprising all of Lot One (1), Luzenac Third Subdivision, in the city of Grand Island, Hall County, Nebraska, under the name of LUZENAC FOURTH SUBDIVISION, and has caused a plat thereof to be acknowledged by it; 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 owner 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 LUZENAC FOURTH 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, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-245 - Approving Final Plat and Subdivision Agreement for Northview Second Subdivision Tuesday, September 13, 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: September 13, 2005 Subject: Northview Second Subdivision - Final Plat Item #’s: G-12 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 21 lots on a parcel of land located in the E ½ NE ¼ 2- 11-10. This land consists of approximately 8.45 acres. Discussion This property is zone R1-Suburban Residential, and R2-Low Density Residential. The lot sizes meet or exceed the minimums in these respective zones. Sewer and water are available to the development and will be extended to each lot. This development is in conformance with the preliminary plat approved by council on April 26, 2005. 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 Haskins 2nd by Miller to approve on consent agenda and recommend that the City Council approve the subdivision as presented. A roll call vote was taken and the motion passed with 11 members present (Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes Wagoner) voting in favor. Sample Motion Approve the Final Plat for Northview Second Subdivision as presented. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-245 WHEREAS, Melvin E. Zichek and Dorothy V. Zichek, husband and wife, have caused to be laid out into lots, a tract of land consisting of part of the East Half of the Northeast Quarter (E1/2, NE1/4) of Section 2, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska, under the name of NORTHVIEW SECOND 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 NORTHVIEW SECOND 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, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-246 - Approving Annexation Plan for Properties Located South of Case New Holland; West of US Highway 281 and South of Sandra Road and East of South Locust Street and Scheduling Public Hearing Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: September 13, 2005 Subject: Annexation of Properties Adjacent to City Limits per Owner’s Request Item #’s: G-13 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located south of Case New Holland on the west side of U.S. Highway 281 north of the Riverview Apartments. The owners of this property are anticipating development of the property and requesting that the city bring it into the corporate limits. This property is surrounded by the Grand Island Municipal limits on all sides. In addition to the above request, a request has been received to consider annexation of property located south of Beverly Healthcare South on the west side of U.S. Highway 34 west of S. Locust Street. Beverly Healthcare is planning to expand their operations at this site to the south. This property is adjacent and contiguous with the Grand Island Municipal Limits. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the schedule set out when this matter was referred to the Regional Planning Commission for recommendation. The second action in this process for Council is to pass a resolution stating their intent to annex areas, approve an annexation plan and set public hearings for comment on these annexations before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for October 11, 2005. 2. Choose not to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for October 11, 2005. 3. Modify the resolution of intent to annex, the attached annexation plan, and/or the public hearing date. 4. Table the issue Recommendation City Administration recommends that the Council Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexations for October 11, 2005. Sample Motion Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation requests for October 11, 2005. ANNEXATION PLAN –September 2005 August 15, 2005 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. Specifically, changes in October, 1999 to Nebraska Department of Environmental Quality Regulation Title 124 concerning on site waste water treatment systems impacts new and replacement private septic systems. 9. Assist in population growth to enable community to reach Community Development Block Grant entitlement status – 50,000. Entitlement communities automatically receive Community Development block grant dollars; no competitive process required. 10. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 11. Provide long term visioning abilities as it relates to growth and provision of services. Other Factors Annexation of adjacent properties can also be considered upon the request of the owner(s) of the property. Frederick J. and Charlotte J. Becker have requested that the City annex their property in the SE ¼ of the NE ¼ of 25-11-10. It is anticipated that this property will develop for commercial purposes in the near future. Beverly Healthcare Lakeview at 1405 W. U.S. Highway 34 is expanding their building and services and will be building onto the property south of their current location. They have requested that this property be annexed into the City of Grand Island. A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. U.S. Highway 281 South of Case New Holland Becker Property The Becker property identified as the located in the southwest part of the community. It is west of US. Highway 281 and south of Case New Holland . The City of Grand Island provides electric services to the area. Sewer and water are both available to this property INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 89.75 employees. The Police Department is staffed at a rate of 1.72 officers per one thousand population. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #3 located on Webb Road, across U.S. 281 from the nearest part of the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area through existing sewer lines. No city costs would be anticipated. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing Capital Avenue is already maintained by the City of Grand Island 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. 8. Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Inve stigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available Roads and Streets No Impact Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District In Cedar Hollow/Northwest School District Financial Impacts of Capital Avenue Properties Annexation Financial Impact Before Annex After Annex Property Valuation $63,816 $63,816 City sales tax now applicable Assume $63,816 Value 2004 City property taxes 0 0.250001/$159.54. Community Redevelopment Authority 0 0.024287/$15.49 Rural fire services 0.06034/$38.51 0/$0 Fire Bond 0.014679/$9.38 0.014679/$9.38* Cedar Hollow to GIPS 1.120223/$714.88 1.075781/$686.52 CH Bond 0.076716/$48.96 0.076716/$48.96* NW Bond 0.067911/$43.34 0.067911/$43.34* Hall County, ESU, Community College, NRD and other levies will not change. Total property tax levy 1.880403/$1203.46 2.041857/$1306.79 Depending on development these properties will connect to city water and sewer services and generate revenue for those enterprise funds based on the rate structure and usage. *previously approved bonds will remain with property until paid off Beverly Healthcare Lakeview Property south of U.S. 34 west of S. Locust Street The property identified as Beverly Healthcare Lakeview Property is located in the southeast area of the community south of U.S. Highway 34 and west of South Locust Street. Beverly Healthcare has indicated that they wish to expand their operations at this site. INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 89.75 employees. The Police Department is staffed at a rate of 1.72 officers per one thousand population. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #3 located near Stolley Park Road and Webb Road, approximately 2.25 miles from the nearest part of the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area. The services will be maintained and operated by the City of Grand Island Public Works Department, Wastewater Division, as governed by standard policies and procedures established by the Nebraska Department of Environmental Quality and the U.S. Environmental Protection Agency. Wastewater services to new development and subdivisions will be provided according to standard policies and procedures of the City. These policies require the developer of a new subdivision to install sanitary sewer lines, unless waived in the subdivision agreement approved by the City Council. The neighborhood sanitary sewer would be special assessment District costs and assessed to benefiting properties. It is not anticipated that sewer will be needed at these properties. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing Shady Bend Road adjacent to these properties will be brought into the city. 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. Water services to new development and subdivisions will be provided according to standard policies and procedures of the City. These policies require the developer of a new subdivision to install water lines, unless waived in the subdivision agreement approved by the City Council or through the use of the Assessment District process for developed areas. Water service to this area would be extended as part of a district at time such district is requested. 8. Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 12. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Waste Water would need to be extended by district process. Roads and Streets No Impact Electric Service Already in GI Service Area Water Service Water would need to be extended by district process Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District In Cedar Hollow/Northwest School District Financial Impact Before Annex After Annex Property Valuation $5,360 $5,360 City sales tax now applicable Assume $5,360 Value 2004 City property taxes 0 0.250001/$13.40. Community Redevelopment Authority 0 0.024287/$1.30 Rural fire services 0.06034/$3.23 0/$0 Fire Bond 0.014679/$0.79 0.014679/$0.79* Cedar Hollow to GIPS 1.120223/$60.04 1.075781/$57.66 CH Bond 0.076716/$4.11 0.076716/$4.11* NW Bond 0.067911/$3.64 0.067911/$3.64* Hall County, ESU, Community College, NRD and other levies will not change. Total property tax levy 1.880403/$100.79 2.049909/$109.88 Depending on development these properties will connect to city water and sewer services and generate revenue for those enterprise funds based on the rate structure and usage. *previously approved bonds will remain with property until paid off Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-246 WHEREAS, the City of Grand Island, in accordance with Neb. Rev. Stat. §16-117, et seq., is considering the annexation of the land and a plan for extending city services to the adjacent and contiguous land which are urban or suburban in character and legally described as Annexation Areas 1 and 2 as follows and as shown on Exhibits A and B attached hereto and incorporated herein by this reference: Annexation Area 1: Part of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Twenty Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Lot Five (5), Pedcor Subdivision, said point also being the southwest corner of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10; thence north on the west line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10 to the northwest corner of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10; thence east on the north line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11- 10 to the west line of U.S. Highway 281; thence south and east on the west line of U.S. Highway 281 to the south line of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section 25-11-10; thence west on the south line of the Southeast Quarter of the Northeast Quarter of Section 25-11-10 to the point of beginning, as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Annexation Area 2: Part of the Northwest Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of Phillips Subdivision; thence east on the south line of Phillips Subdivision for a distance of 600.0 feet; thence south on a line perpendicular to the south line of Phillips Subdivision for a distance of 217.8 feet south of and parallel to the south line of Phillips Subdivision for a distance of 600.0 feet to the west line of the Northeast Quarter (NE1/4) of Section 33-11-9; thence north on the west line of the Northeast Quarter (NE1/4) of Section 33-11-9 for a distance of 217.8 feet to the point of beginning, as shown on Exhibit "B" attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a plan outlining the city services available to the above-described land and showing or including: (a) the estimated cost impact of providing the services to such land, (b) the method by which the city is financing the extension of services to the land and how services already provided will be maintained, (c) maps drawn to scale clearly delineating the land proposed for annexation, (d) maps showing the current boundaries of the city, (e) maps showing the proposed boundaries of the City after the annexation, and (f) maps showing the general land-use pattern in the land proposed for annexation is hereby adopted and approved and shall be available for inspection during regular business hours in the office of the City Clerk. BE IT FURTHER RESOLVED, that a public hearing before the Mayor and City Council on the proposed annexation shall be held at 7:00 p.m. on October 11, 2005, or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, to receive testimony from interested persons. - 2 - BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to publish in the Grand Island Independent at least once, not less than ten days preceding the date of the public hearing, a copy of this Resolution and a map drawn to scale delineating the land proposed for annexation. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to send by first-class mail, a copy of the resolution providing for the public hearing to the school boards of the school districts including the lands proposed for annexation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-247 - Approving Acquisition of Utility Easements )Heartland Events Center - Fonner Park) This item relates to the aforementioned Public Hearing Item E-6. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-247 WHEREAS, public utility easements are required by the City of Grand Island, from Hall County Livestock Improvement Association, a Nebraska corporation, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on September 13, 2005, for the purpose of discussing the proposed acquisition of easements and rights-of-way through the property more particularly described as follows: Tract No. 1: A part of the Southwest Quarter (SW1/4) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska; the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the southwest corner of Lot One (1) Heartland Event Center First Subdivision; thence northerly along the westerly line of said Lot One (1), a distance of forty four and ninety one hundredths (44.91) feet to the Actual Point of Beginning; thence continuing northerly along the westerly line of said Lot One (1), a distance of twenty (20.0) feet; thence westerly and parallel with the southerly line of said Lot One (1) and along a southerly line of part of the easement described in Document 200411108 recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of ninety two and thirteen hundredths (92.13) feet; thence southerly and along an easterly line a part of the said easement described in Document 200411108, a distance of twenty (20.0) feet; thence easterly and parallel with the southerly line of said Lot One (1), a distance of ninety two and thirteen hundredths (92.13) feet to the point of beginning. The above-described easement and right-of-way containing 0.042 acres (1,842.6 s.f.) more or less, as shown on the plat dated 8/16/2005, marked Exhibit "A", attached hereto and incorporated herein by reference. Tract No. 2: A part of Lot One (1) Heartland Event Center First Subdivision, being located in part of the Southwest Quarter (SW1/4) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska; the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the southwest corner of Lot One (1) Heartland Event Center First Subdivision; thence northerly along the westerly line of said Lot One (1), a distance of forty four and ninety one hundredths (44.91) feet to the Actual Point of Beginning; thence easterly, parallel with the southerly line of said Lot One (1), a distance of thirty three and nine hundredths (33.09) feet; thence northerly, parallel with the westerly line of said Lot One (1), a distance of twenty (20.0) feet; thence westerly, parallel with the southerly line of said Lot One (1) and along a southerly line of part of the easement described in Document 200411108 recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of thirty three and nine hundredths (33.09) feet; thence southerly along the westerly line of said Lot One (1), a distance of twenty (20.0) feet to the point of beginning. The above-described easement and right-of-way containing 0.015 acres (661.8 s.f.), more or less, as shown on the plat dated 8/16/2005, marked Exhibit "B", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements from Hall County Livestock Improvement Association, Inc., a Nebraska corporation, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-248 - Approving Appointment of Tim Luchsinger as Board Member from the City of Grand Island Utilities Department to the Public Power Generation Agency Tuesday, September 13, 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: September 13, 2005 Subject: Approving Appointment of Timothy Luchsinger as Board Member to the Public Power Generating Agency Item #’s: G-15 Presenter(s): Gary R. Mader, Utilities Director Background The City of Grand Island is a participant in a new power plant project being built by a number of public power entities in Nebraska, with one participant from Wisconsin. The Municipal Energy Agency of Nebraska (MEAN) and Hastings Utilities are the lead agencies in this project, which will be constructed on the site of an existing unit at Hastings Whelan Energy Center. This new plant is generally referred to as WEC #2. This project has completed all environmental permitting requirements and been approved by the State Power Review Board. The WEC #2 project is structured such that the project is to be governed by a newly created entity named the Public Power Generating Agency (PPGA). The PPGA was created under the Interlo cal Cooperation Act statutes of the state by the public power entities participating in the power plant project. The PPGA functions under a Board of Directors, with each of the participating electric utilities appointing a member to that board. Discussion The WEC #2 project has progressed to the point that the Board of Directors needs to be seated to continue progress. Up to this point, each of the participating utilities has provided staff and funding to complete the early phases of project development. The first order of business for the Board will involve the details of preparing for plant construction including; selecting the design engineering firm, developing shared facilities agreements with the site owner (Hastings Utilities), evaluating design options and setting design parameters, developing construction management agreements, and other construction related requirements. An in-depth knowledge of power plant operations, electric utilities functions, power plant engineering, construction manage ment, environmental regulation of power plants, along with experience in the administration and management requirements of power plants are important considerations in selecting the City’s representative on the Board of Directors at this time. 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 Assistant Utilities Director Timothy Luchsinger be designated as the City of Grand Island Board Member. Mr. Luchsinger has been employed by the Utilities Department since 1986. His academic achievements include a Bachelor of Science Degree in Mechanical Engineering from UNL, a Master of Science Degree in Engineering Management from UNL and he is currently working toward a Masters Degree in Business Administration. Prior to Employment with the Utilities Department, he worked for Black and Veatch, Consulting Engineers, in that firm’s power plant design group. During his nearly 20 years of service to the Grand Island Utilities Department, Mr. Luchsinger has had overall administrative, operational and maintenance responsibility for the Department’s Production Division which includes both of the City’s power plants and all City water production facilities, reservoirs, and pumping stations, with a staffing level of over 60 full time employees. Additionally, he served as the Department’s Project Manager for the Combustion Turbine project that was completed in 2001. He is a Registered Professional Engineer in the State of Nebraska. Sample Motion Motion to appoint Timothy G. Luchsinger as the City of Grand Island, Utilities Department, representative on the Public Power Generating Agency Board of Directors. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-248 WHEREAS, the City of Grand Island is participating in the development of a new base load, coal fired electric generating plant to be built in Hastings at the same site as an existing Hastings power plant; and WHEREAS, the new power plant is named Whelan Energy Center Unit No. 2; and WHEREAS, Grand Island is one of multiple public power utilities participating in this power plant project; and WHEREAS, the legal governing agency of the project is the Public Power Generating Agency, which was created by the project participants in accordance with the State of Nebraska Interlocal Agreement statutes; and WHEREAS, one Board Member is to be appointed to the Board of Directors of the Public Power Generating Agency by each of the project participants; and WHEREAS, it is recommended that Assistant Utilities Director Timothy Luchsinger be designated as the City of Grand Island Board Member. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Assistant Utilities Director Timothy Luchsinger is hereby designated as the City of Grand Island representative on the Public Power Generating Agency Board of Directors of the Whelan Energy Center Unit No. 2 power plant project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-249 - Approving Extension of Interlocal Agreement with Hall County School District No. 40-002 for School Resource Officers and Crossing Guards Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: September 13, 2005 Subject: Extension of Interlocal Cooperation Agreement between the City of Grand Island and Hall County School District #40-0002 pertaining to School Resource Officers with the addition of School Crossing Guards for the year commencing October 1, 2005 through September 30, 2006. Item #’s: G-16 Presenter(s): Kyle Hetrick, Chief of Police Background The City of Grand Island and the Hall County School District #40-0002 entered into a five year Interlocal Agreement on November 13, 2000 to place five School Resource Officers at assigned facilities within the school district. The original agreement allowed for five one-year extensions under the same terms of the original agreement, with salaries adjusted accordingly. There is a 50% cost share between the City of Grand Island and Hall County School District for net direct and indirect personnel costs, including benefits, for the five School Resource Officers. Additionally, the City of Grand Island and Hall County School District had a verbal agreement in place to cost share at 50% each the placement of School Crossing Guards at assigned facilities within the school district. The terms and conditions of this verbal agreement will be added to the newly proposed Interlocal Agreement involving the School Resource Officers. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the one-year extension of the Interlocal Agreement. 2. Send to committee for further discussion. 3. Table for more discussion. 4. Take no action. Recommendation City Administration recommends that the Council approve the one-year extension of the Interlocal Agreement. Sample Motion Approve the one-year extension of the Interlocal Agreement between the City of Grand Island and Hall County School District #40-0002 with relation to the School Resource Officers and School Crossing Guards. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-249 WHEREAS, on September 12, 2000, by Resolution 2000-272, the City Council of the City of Grand Island approved an Interlocal Cooperation Agreement with the Hall County School District No. 40-0002 for the provision and funding of five (5) Youth Services School Resource Officers; and WHEREAS, such five-year agreement allows five one-year extensions under the same terms of the original agreement, with salaries adjusted accordingly; and WHEREAS, it is recommended that such agreement be extended through September 30, 2006; and WHEREAS, the parties have indicated an interest in applying the same terms and conditions for the placement of School Crossing Guards at assigned facilities within the school district; and WHEREAS, the City Attorney's office has prepared an Extension of Interlocal Cooperation Agreement with the Addition of School Crossing Guards for the period October 1, 2005 through September 30, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement with the Hall County School District No. 40-0002 for the provision and funding of five (5) Youth Services School Resource Officers is hereby extended through September 30, 2006 as allowed in such agreement. BE IT FURTHER RESOLVED, that the addition to such agreement of School Crossing Guards, is hereby approved with the same terms and conditions as set out in the agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-250 - Approving Certificate of Final Completion for Street Improvement Project 2005-P-1, Claude Road between Old Highway 30 and New Highway 30 Tuesday, September 13, 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: September 13, 2005 Subject: Certificate of Final Completion Street Improvement Project 2005-P-1, Claude Road between Old Highway 30 and New Highway 30 Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Street Improvement Project 2005-P-1 was awarded to The Diamond Engineering Company of Grand Island, NE on March 22, 2005. Work commenced June 13, 2005 and has been completed. Discussion Street Improvement Project 2005-P-1 was completed in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. Costs for the project break down as follows: Original Bid $ 139,623.85 Overruns $ 734.48 Sub Total (Construction Price) $ 140,358.33 Additional Costs: Contract Administration, Engineering, and Publication Costs $ 14,035.83 Total Cost $ 154,394.16 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve final completion of Street Improvement Project 2005-P-1. 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 Certificate of Final Completion. Sample Motion Move to approve the Certificate of Final Completion for Street Improvement Project 2005-P-1. ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT PROJECT 2005-P-1 NORTH OF OLD HIGHWAY 30 CITY OF GRAND ISLAND, NEBRASKA September 13, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT PROJECT 2005-P-1 has been fully completed by The Diamond Engineering Company of Grand Island, NE under the contract dated March 29, 2005. The construction of this street project has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement project is hereby accepted for the City of Grand Island, Nebraska, by me as City Engineer/Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. Street Improvement Project 2005-P-1, Claude Road, Old Highway 30 to existing pavement Item Total Unit Total No. Description Quantity Price Cost____ 1. PCC Pavement, 9” 5,610.6 23.11 $129,660.97 2. 6” PCC Integral Curb 2,318.1 1.26 $2,920.81 3. Remove Sidewalk 28.0 0.41 $11.48 4. Construct Concrete Sidewalk 18.4 2.94 $54.10 5. Remove Concrete Drive 62.1 3.57 $221.70 6. Construct Conc. Driveway 5” 77.06 20.57 $1,585.12 7. Adjust Manhole to Grade 2.0 170.36 $340.72 8. Pavement Sawcut 58.0 2.47 $143.26 9. Clear & Grub 24” Dia. Tree 1.0 329.73 $329.73 10. Remove Concrete Header 41.0 3.09 $126.69 11. 1” Diameter Water Service 5.0 992.75 $4,963.75 Total: $140,358.33 TOTAL CONSTRUCTION COST $ 140,358.33 LESS AMOUNT PREVIOUSLY PAID TO CONTRACTOR $ 133,340.42 BALANCE DUE TO CONTRACTOR THIS FINAL PAYMENT $7,017.91 Engineering and Publication Costs - City $ 14,035.83 TOTAL COST OF STREET IMPROVEMENT PROJECT 2005-P-1 $ 154,394.16 Respectfully submitted, Steven P. Riehle Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - September 13, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement Project No. 2005-P-1, be approved and a warrant be issued from Account No. 40033525-90146 in the amount of $7,017.91 payable to The Diamond Engineering Company for the amount due to the contractor. I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from Account No. 40033525-90146 in the amount of $14,035.83. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-250 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Street Improvement Project 2005-P-1, Claude Road between Old Highway 30 and U.S. Highway 30, certifying that The Diamond Engineering Company, Inc. of Grand Island, Nebraska, under contract dated March 29, 2005, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Engineer/Public Works Director's Certificate of Final Completion for Street Improvement Project 2005-P-1 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G18 #2005-251 - Approving Acquisition of Utility Easement at 1212 Johnstown Road (Diamond Plastics) This item relates to the aforementioned Public Hearing Item E-7. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-251 WHEREAS, a public utility easement is required by the City of Grand Island, from Diamond Plastics Corp., a Nebraska corporation, to install a private sanitary sewer service; and WHEREAS, the private sanitary sewer service to serve the property at 1212 Johnston Road will cross Lot Number 2 of Bick's Third Subdivision; and WHEREAS, a public utility easement is required when a private sanitary sewer service crosses another property; and WHEREAS, a public hearing was held on September 13, 2005, for the purpose of discussing the proposed acquisition of easements and rights-of-way through the property more particularly described as follows: The west twenty (20.0) feet of Lot Two (2) of Bick's Third Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.20 acres more or less, as shown on the plat dated June 15, 2005, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Diamond Plastics Corp., a Nebraska corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G19 #2005-252 - Approving Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley Avenue (Abundant Life Church) This item relates to the aforementioned Public Hearing Item E-8. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-252 WHEREAS, a public utility easement is required by the City of Grand Island, from Abundant Life Christian Church, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on September 13, 2005, for the purpose of discussing the proposed acquisition of easements and rights-of-way through the property more particularly described as follows: A tract of land comprising a part of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4) of Section 13, Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of City of Grand Island Cell No. B-7, said point being on the south line of said Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4); thence running easterly along the south line of said Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4), on an assumed bearing of S88º48'18"E a distance of Two and Seven Hundredths (2.07) feet, to the Actual Point of Beginning; thence running N00º36'53"E, a distance of Three Hundred Thirty Four and Ninety Four Hundredths (334.94) feet; thence running N15º44'57"W, a distance of Three Hundred Forty Nine and Fifty Five Hundredths (349.55) feet; thence running N00º36'53"E, a distance of Three Hundred Eighty Six and Sixty Two Hundredths (386.62) feet, to a point on the south line of the City of Grand Island Cell No. B-6B; thence running S88º51'06"E, along the south line of the City of Grand Island Cell No. B-6B, a distance of Fifteen (15.00) feet, to the southeast corner of The City of Grand Island Cell No. B-6B and to a point on the westerly right-of-way line of Weis Drive; thence running S00º36'53"W, along the westerly right-of-way line of Weis Drive, a distance of Eighty Six and Nine Hundredths (86.09) feet, to the southwest corner of Weis Acres Subdivision; thence running S88º53'57"E, along the southerly line of Weis Acres Subdivision, a distance of Five (5.00) feet; thence running S00º36'53"W, a distance of Two Hundred Ninety Seven and Forty Eight Hundredths (297.48) feet; thence running S15º44'57"E, a distance of Three Hundred Forty Nine and Fifty Five Hundredths (349.55) feet; thence running S00º36'53"W, a distance of Three Hundred Thirty Seven and Ninety Two Hundredths (337.92) feet, to a point on the south line of said Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4); thence running N88º48'18"W, along the south line of said Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4) a distance of Twenty (20.0) feet, to the actual point of beginning. The above-described easement and right-of-way containing 0.48 acres more or less, as shown on the plat dated 6/22/2005, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Abundant Life Christian Church, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G20 #2005-253 - Approving Changing the Name of the Beltline Hike/Bike Trail to the John Brownell Hike/Bike Trail Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: September 13, 2005 Subject: Renaming Beltline Hike Bike Trail to John Brownell Hike Bike Trail Item #’s: G-20 Presenter(s): Steve Paustian Background For more than ten years the City of Grand Island has been actively developing hike/bike trails. John Brownell has been active as a volunteer, and has served as the Chairman of the Hike/Bike Committee since its inception. John worked many hours to help acquire the current Belt Line rail property from the Railroad. John attended many public meetings, some that were not always pleasant, to convince people that the use of the former rail bed as a trail was positive for the community and an asset to the neighbors. In large part, because of John’s efforts, the Belt Line Trail has been constructed and currently serves as the backbone of our trail network. Discussion Because of his many hour s of commitment to the development of the Belt Line Trail and the overall trail system there is a strong interest by many in the community to change the name of the Belt Line Hike/Bike Trail to the John Brownell Hike/Bike Trail. This name change would help to show the appreciation of the citizens of Grand Island for John’s efforts and for his dedication to the development of the trail system and to the additional benefits the trails have provided to all that use them. 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 re-naming of the Belt Line Hike/Bike Trail to the John Brownell Hike/Bike Trail. Sample Motion Motion to approve name change. Approved as to Form ¤ ___________ September 8, 2005 ¤ City Attorney R E S O L U T I O N 2005-253 WHEREAS, in September of 1992, the City Council authorized the appointment of a committee to study the need for a hike/bike trail within Grand Island; and WHEREAS, John Brownell has served as the Chairman of the Hike/Bike Committee since its inception, and has volunteered many hours in pursuing this project; and WHEREAS, it was anticipated that an initial hike/bike trail could be developed along the abandoned Burlington Northern Railroad Spur Line, and be expanded throughout the community; and WHEREAS, John Brownell has been instrumental in the development and implementation of such hike/bike trail, in acquiring property for the trail and in attending public meetings on the project; and WHEREAS, based on his many hours of commitment to the Belt Line Trail and the overall trail system within the community, it is recommended that the Belt Line Hike/Bike Trail be renamed the John Brownell Hike/Bike Trail. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council hereby recognizes the substantial contributions made by Grand Island resident John Brownell in the development and implementation of the hike/bike trails in the Grand Island area, and hereby renames the Beltline Hike/Bike Trail to the John Brownell Hike/Bike Trail. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G21 #2005-254 - Approving Change Order No. 1 to the Contract with Rathman & Manning Corp. for the Transfer Station Storage Building Tuesday, September 13, 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: September 13, 2005 Subject: Approving Change Order No. 1 to the Contract with Rathman & Manning Corp. for the Transfer Station Storage Building Item #’s: G-21 Presenter(s): Steven P. Riehle, Public Works Director Background Any change orders to the contract must be approved by City Council. The construction contract for the Transfer Station Storage Building was awarded to Rathman & Manning Corp., of Chapman, NE on April 26, 2005. Discussion The Solid Waste Division of the Public Works Department is submitting Change Order No. 1 in the amount of $650.00, with the following changes: Original Contract $ 104,400.00 Add panic hardware to two (2) walk doors $ 650.00 Revised Contract $ 105,050.00 Sufficient funds are available in account 50530040-85610. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve Change Order No. 1. 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 pass a resolution authorizing the Mayor to execute the Change Order. Sample Motion Approve Change Order No. 1 to the contract with Rathman & Manning Corp. for the Transfer Station Storage Building. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-264 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Transfer Station Storage Building, certifying that Rathman- Manning Corp. of Chapman, Nebraska, under contract dated May 11, 2005, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Engineer/Public Works Director's Certificate of Final Completion for Transfer Station Storage Building is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G22 #2005-255 - Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for Sanitary Sewer District Nos. 510 and 514; American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions and Bockman Subdivision Tuesday, September 13, 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: September 13, 2005 Subject: Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for Sanitary Sewer District Nos. 510 and 514; American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions and Bockman Subdivision Item #’s: G-22 Presenter(s): Steven P. Riehle, Public Works Director Background Any change orders to the contract must be approved by City Council. The construction contract was awarded to The Diamond Engineering Company, Grand Island, NE on May 25, 2004. Discussion The Engineering Division of the Public Works Department is submitting Change Order No. 1 in the amount of $3,180.60, with the following changes: Original Contract $ 352,057.15 Sod Shanna Street 5,130 s.f. @ $0.62/s.f. $ 3,180.60 Revised Contract $ 355,237.75 The north ditch of Shanna Street was sodded for the property owners as a district cost. These properties along Shanna Street were already served by sanitary sewer and were not included in the district. Sufficient funds are available in account 53030055-85213 to fund the Change Order. The additional $3,180.60 will be assessed as part of the Sanitary Sewer District. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve Change Order No. 1. 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 pass a resolution authorizing the Mayor to execute the Change Order. Sample Motion Approve Change Order No. 1 to the contract with The Diamond Engineering Company for Sanitary Sewer Districts 510 and 514. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-255 WHEREAS, on May 25, 2004, by Resolution 2004-121, the City of Grand Island awarded the bid for Sanitary Sewer District Nos. 510 and 514 to The Diamond Engineering Company, Inc. of Grand Island, Nebraska; and WHEREAS, it has been determined that a modification to the work to be performed by The Diamond Engineering Company, Inc. is necessary; and WHEREAS, such modification included sodding of disturbed yards of properties that were outside of the sewer district; and WHEREAS, such modification has been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will increase the contract amount by $3,180.60 for a revised contract price of $355,237.75. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company, Inc. of Grand Island, Nebraska to provide the modification set out as follows: Sod north ditch of Shanna Street...............................................................................................3,180.60 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G23 #2005-256 - Approving Certificate of Final Completion for Sanitary Sewer District Nos. 510 & 514; American Independence, Western Heights & Bockman Subdivisions Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 13, 2005 Subject: Certificate of Final Completion for Sanitary Sewer District Nos. 510 and 514; American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions and Bockman Subdivision Item #’s: G-23 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Sanitary Sewer District Nos. 510 and 514 was awarded to The Diamond Engineering Company of Grand Island, NE on May 25, 2004. Work commenced on September 7, 2004 and was completed on May 3, 2005. Discussion The work for Sanitary Sewer District Nos. 510 and 514 was completed in accordance with the terms, conditions, and stipulations of the contract and complies with the contract, the plans, and the specifications. The project was completed on schedule at a construction price of $360,110.46. Total cost of the project, including cont ract administration, is $418,840.33. The majority of costs for this project will be assessed to the adjacent properties. Costs for the project break down as follows: Original Bid $ 352,057.15 Change Order No. 1 $ 3,180.60 Revised Contract Amount $ 355,237.75 Overruns $ 4,872.71 Sub Total (Construction Price) $ 360,110.46 Additional Costs Engineering, Publication, TV Insp. Costs, Easement Acquisition/Restoration Costs $ 58,729.57 Total Project Cost $ 418,840.03 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Certificate of Final Completion. 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 Certificate of Final Completion for Sanitary Sewer District Nos. 510 and 514 and set the Board of Equalization date of October 11, 2005. Sample Motion Move to approve the Certificate of Final Completion and set the Board of Equalization Hearing for Sanitary Sewer District Nos. 510 and 514. ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICTS 510 and 514 CITY OF GRAND ISLAND, NEBRASKA September 13, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer District Nos. 510 and 514, has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under contract dated June 2, 2004. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Director of Public Works in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. Sanitary Sewer Districts 510 and 514 is located in American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions and Bockman Subdivision. Item Unit Total Total No. Description Price Quantity Cost 1 Build 12” PVC Sanitary Sewer $ 33.80 1,943.00 l.f. $ 65,673.40 2 Build 8” PVC Sanitary Sewer $ 25.40 3,351.21 l.f. $ 86,120.73 3 Build 4” service line per standard plan $ 315.00 9 Each $ 2,835.00 #132 (off 8” sewer main) 4 Build 4” service line per standard plan $ 595.00 36 Each $ 21,420.00 #132-A (off 8” sewer main) 5 Build 4” service line per standard plan #132 $ 460.00 1 Each $ 460.00 (off 12” sewer main) 6 Build 4” service line per standard plan $ 1,535.00 9 Each $ 13,815.00 #132-A (off 12” sewer main) 7 Remodel existing manhole $ 500.00 2 Each $ 1,000.00 8 Build 4’ diameter drop manhole $ 4,065.00 1 Each $ 4,065.00 9 Build 4’ diameter standard manhole $ 2,340.00 17 Each $ 39,780.00 10 Build 4’ diameter manhole extra depth $ 205.00 126.47 v.f. $ 25,926.35 11 Remove & replace asphaltic pavement $ 32.15 863.52 s.y. $ 27,762.17 12 Pavement sawcut $ 2.85 992.10 l.f. $ 2,827.49 13 Build 8” PVC sanitary sewer stub out $ 565.00 1 Each $ 565.00 14 Build 12” PVC sanitary sewer stub out $ 775.00 1 Each $ 775.00 15 Tree Removal $ 770.00 1 L.S. $ 770.00 16 Construction dewatering $18,925.00 1 L.S. $ 18,925.00 17 Remove concrete sidewalk $ 0.55 2,106.00 s.f. $ 1,158.30 ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICTS 510 and 514 Page -2- Item Unit Total Total No. Description Price Quantity Cost 18 Construct 4” PCC sidewalk $ 2.95 2,106.00 s.f. $ 6,212.70 19. Remove concrete drive $ 2.50 671.22 s.y. $ 1,678.05 20. Construct 5” P.C.C. driveway $ 27.15 794.28 s.y. $ 21,564.70 21. Remove 6” culvert $ 6.50 0.00 l.f. $ 0.00 22. Remove 12” culvert $ 6.50 171.50 l.f. $ 1,114.75 23. Remove 15” culvert $ 6.50 116.00 l.f. $ 754.00 24. Remove 18” culvert $ 6.50 30.00 l.f. $ 195.00 25. Replace 12” culvert $ 6.80 70.00 l.f. $ 476.00 26. Replace 15” culvert $ 6.80 43.00 l.f. $ 292.40 27. Replace 18” culvert $ 6.80 0.00 l.f. $ 0.00 28. Furnish & place new 12” C.M.P. culvert $ 27.00 148.66 l.f. $ 4,013.82 29. Furnish & place new 15” C.M.P. culvert $ 29.00 30.00 l.f. $ 870.00 30. Furnish & place new 18” C.M.P. culvert $ 30.00 0.00 l.f. $ 0.00 31. Build 4” sanitary sewer/watermain crossing, $ 405.00 14.00 Each $ 5,670.00 per standard plan #138 32. Build 8” sanitary sewer/watermain crossing, $ 605.00 2.00 Each $ 1,210.00 per standard plan #138 TOTAL CONTRACT AMOUNT $356,929.86 Change Order No. 1 Sod North ditch – Shanna Street $ 0.62 5,130 s.f. $ 3,180.60 TOTAL CHANGE ORDER AMOUNT $ 3,180.60 TOTAL CONSTRUCTION COST $360,110.46 SUMMARY OF OTHER COST City of Grand Island Wastewater Division- TV Inspection $ 2,870.48 G.I. Daily Independent – Advertising $ 68.50 Rockwell & Associates – Surveying $ 600.00 City of Grand Island Engineering Division Engineering & Administration $ 36,011.05 Gary Smith Construction – millings $ 588.00 Stetson Building Products – Slope Fabric $ 160.08 City Utilities Department – Move Poles $ 707.36 Hall County Register of Deeds – Recording Fees $ 36.00 Jacqueline Hanover – Easement $ 1,350.75 Teddy Lechner – Easement $ 10,544.75 The Diamond Engineering Co. – Replace Sidewalk $ 464.00 B & D General Partnership – Crop Lease $ 1,128.60 Denny’s Lawns – Grading $ 4,200.00 TOTAL OTHER COSTS $ 58,729.57 TOTAL COST OF SANITARY SEWER DISTRICTS 510 & 514 $418,840.03 ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICTS 510 and 514 Page -3- Respectfully submitted, Steven P. Riehle City Engineer Public Works Director TO MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer Districts 510 and 514 be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from Account No. 53030055-85213 in the amount of $36,011.05. I further recommend that the City Council sit as a Board of Equalization on October 11, 2005, to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-256 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Sanitary Sewer District No. 510 and Sanitary Sewer District No. 514, certifying that The Diamond Engineering Company, Inc. of Grand Island, Nebraska, under contract dated May 25, 2004, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director's Certificate of Final Completion for Sanitary Sewer District No. 510 and Sanitary Sewer District No. 514 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on October 11, 2005 to determine benefits and set assessments for Sanitary Sewer District No. 510 and Sanitary Sewer District No. 514. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G24 #2005-257 - Approving Bid Award for Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; 2005-D-2 Tuesday, September 13, 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: September 13, 2005 Subject: Approving Bid Award for Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; 2005-D-2 Item #’s: G-24 Presenter(s): Steven P. Riehle, Public Works Director Background On August 29, 2005 the Engineering Division of the Public Works Department advertised for bids for concrete ditch lining between Arizona and Nevada from Independence to east of Idaho. Bid notices were sent to five contractors. Discussion One bid was received and opened on September 7, 2005. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bid that was received. The bid was submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bid is shown below. Bidder Exceptions Bid Security Bid Price The Diamond Engineering Co. Grand Island, NE None Universal Surety Company $48,234.75 The engineers estimate for this project was $55,735.00. There are sufficient funds in account 40033520-90111 to fund this contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve awarding the bid. 2. Refer the issue to a committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract and passing a resolution authorizing the Mayor to sign a contract with The Diamond Engineering Co., of Grand Island, NE for the amount of $48,234.75. Sample Motion Move to approve the award of the contract to The Diamond Engineering Co. for the concrete ditch lining project 2005-D-2. IndependenceAvenueNevada Avenue Arizona Avenue Idaho AvenueConcrete Ditch Lining 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: September 7, 2005 at 11:00 a.m. FOR: Concrete Lining of Capital Heights Ditch DEPARTMENT: Public Works ESTIMATE: $55,735.00 FUND/ACCOUNT: 40033520-90111 PUBLICATION DATE: August 29, 2005 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $48,234.75 cc: Steve Riehle, Public Works Director Tom Carlson, Engineering Tech. Supervisor Danelle Collins, Public Works Admin. Sec. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1018 Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-257 WHEREAS, the City of Grand Island invited sealed bids for Concrete Lining of the Capital Heights Ditch between Arizona Avenue and Nevada Avenue from Independence Avenue to east of Idaho Avenue, according to plans and specifications on file with the City Engineer; and WHEREAS, on September 7, 2005, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $48,234.75; 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, Inc. of Grand Island, Nebraska, in the amount of $48,234.75 for concrete lining of Capital Heights ditch is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G25 #2005-258 - Approving Downpayment Assistance Program Subordination Agreement (David M. Job) Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: September 13, 2005 Subject: Subordination Agreement for House Purchased under CDBG Down Payment Assistance Program Item #’s: G-25 Presenter(s): Joni Kuzma, Community Development Specialist Background The City of Grand Island has a real estate lien on property owned by David M. Job at 122 E. 8th Street, in the amount of $15,255.00. On November 13, 1998, down payment funds in the amount of $15,255.00 were loaned to David M. Job, a single person, to assist in the purchase of a home in the Community Development Block Grant Project area. The legal description is: Lot Eight (8), Block One Hundred Thirty Six (136), Union Pacific Railway Second Addition to the City of Grand Island, Hall County, Nebraska, a/k/a/ 122 E. 8th Street. The owner is requesting permission to assume a second mortgage, behind which the City would become the third mortgage. Discussion The City’s current real estate lien is junior in priority to a Deed of Trust to Union Bank and Trust Company in the amount of $35,400.00. A new lien in the amount of $15,000 with GMAC Mortgage Corporation DBA ditech.com will become second in priority to Union Bank. The City will subordinate to the two aforementioned liens. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, GMAC Mortgage Corporation DBA ditech.com, has asked the City to subordinate its real estate lien to the new Deed of Trust. The new appraised value of the property is $61,500 and is sufficient to secure the first mortgage of $35,400.00, the second mortgage of $15,000.00 and the remaining 40% of the City’s loan ($6,102.00). The City’s loan of $15,255.00 will be forgiven if the original owner of the property (David M. Job) resides in the house for a period of 10 years from the date of purchase which was November 13, 1998. Mr. Job has lived at this address for six years and has four years left before his loan with the City expires. The loan decreases 10% per year. Community Development Subordination guidelines state the following: 1) Community Development will subordinate within the following conditions: a. Re-financing the original home loan to reduce the amount of interest paid or to reduce the amount of the original monthly payment. The loan cannot exceed the original loan by more than $500. b. Re-financing the original home loan for debt consolidation ONLY IF THE AMOUNT OF THE LIEN IS PAID OFF TO THE CITY OF GRAND ISLAND. The amount depends if the program prorates the payment back or if it is a 100% payoff regardless of what year it is in. c. Only one subordination granted every 5 years per applicant. d. There may be extenuating circumstances for a request. Community Development staff will consider each client on a case by case basis. The circumstances under which Mr. Job has requested subordination have been determined by the Community Development Division to be “extenuating” and the Community Development Advisory Committee recommended approval at their September 1, 2005 meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Agreement 2. Disapprove or /Deny the Subordination Agreement 3. Modify the Subordination Agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the proposed Subordina tion Agreement, placing the City’s lien in third position to the new Deed of Trust. Sample Motion Approve the Subordination Agreement with GMAC Mortgage Corporation DBA ditech.com, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this ____ day of September, 2005, by 122 E. 8th St., owners of the land hereinafter described and hereinafter referred to as “Owners”, and GMAC Mortgage Corporation DBA ditech.com, present owner and holder of the Deed of Trust and Note second and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, David M. Job, a single person, DID EXECUTE a Deed of Trust dated November 13, 1998 to the City of Grand Island, covering: Lot Eight (8), Block One Hundred Thirty Six (136), Union Pacific Railway, 2nd Addition to the City of Grand Island, Nebraska, Hall County, a/k/a 122 E. 8th Street To secure a Note in the sum of $15,255.00 dated November 13, 1998 in favor of the City of Grand Island, which Deed of Trust was recorded November 24, 1998 as Document No. 98-111514 in the Official Register of Deeds Office of Hall County (remaining amount owed as of September ___, 2005 is Six Thousand One Hundred Two Dollars ($6,102.00); and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $15,000.00 dated September ___, 2005 in favor of GMAC Mortgage Corporation DBA ditech.com., hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust second above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust second above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust second above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust second above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust second above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust second above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust second above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waive r, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust second above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2005. ___________________________________ Notary Public Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-258 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated November 13, 1998 and recorded on November 24, 1998 as Instrument No. 98-111514, in the amount of $15,255.00, secured by property located at 122 E. 8th Street and owned by David M. Job, a single person, said property being described as follows: Lot Eight (8), Block One Hundred Thirty Six (136), Union Pacific Railway's Second Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, the Deed of Trust held by the City is junior in priority to a Deed of Trust to Union Bank and Trust Company in the amount of $34,500 dated November 13, 1998, and recorded on November 24, 1998 as Instrument No. 98-111512 against such property; and WHEREAS, David M. Job wishes to execute an additional Deed of Trust and Note in the amount of $15,000 with GMAC Mortgage Corporation d/b/a ditech.com to be secured by the above- described real estate; and WHEREAS, the new lender, The GMAC Mortgage Corporation d/b/a ditech.com, Beneficiary, wishes to extend the new loan secured by a Deed of Trust conditioned upon the City subordinating its Deed of Trust to their lien priority, making the City's Deed of Trust third in priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure these loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deed of Trust from David M. Job, a single person, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of GMAC Mortgage Corporation d/b/a ditech.com, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G26 #2005-259 - Approving Heartland Family Visitation Center MOU Revision and Grant Extension Request Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Development Specialist Council Meeting: September 13, 2005 Subject: Approving 2003 Department of Justice Safe Haven planning grant extension and revised 2005 Memorandum of Understanding for the Implementation Grant Item #’s: G-26 Presenter(s): Joni Kuzma, Development Specialist Background When the original Safe Haven Supervised Visitation and Exchange Center planning grant was awarded to the City in September 2003, the Crisis Center signed a Memorandum of Understanding, in which they agreed to support the Visitation Center project through September 2005. In July 2005, the Crisis Center Board of Directors voted to withdraw their support, use of their name from the Heartland Family Visitation Project (Safe Haven), and their support from a Capital Campaign that was scheduled to begin in January 2006. The Visitation Center Consulting Committee accepted the Crisis Center letter of withdrawal and agreed to postpone the Capital Campaign. The feasibility study for the campaign will be completed so that information from the study can be used for grant writing and other funding applications. However, the actual Capital Campaign will be postponed until the Heartland Family Visitation Center can either find another reputable 501(c) 3 partnering entity or until the Visitation Center becomes a non-profit. A second MOU was signed with the Crisis Center on March 8, 2005 when the Visitation Center applied for the next phase of Department of Justice Safe Haven funding. When the grant is awarded, the City can terminate the March 2005 MOU with the Crisis Center and enter into a similar MOU with another agency. The City will serve as grant recipient and fiscal agent. The new organization will act as sub-grantee as required in the grant. The Central Nebraska Child Advocacy Center (CAC) is a local non-profit, non-governmental child sexual abuse, child abuse and neglect agency that meets the Department of Justice grant requirement for sub-granting funds from the eligible applicant (the City). On July 20, 2005, the CAC Board of Directors agreed to assume responsibility for the Heartland Family Visitation Center program and Department of Justice Implementation Grant. DISCUSSION The next steps for the City include: 1. Accept the Crisis Center letter of withdrawal - Letter for the Mayor to sign included in packet 2. Approve the 2003 Safe Haven planning grant extension request – - due to staff changes, unclear role definitions and other extenuating circumstances, the 2003 planning grant will not be complete by September 30, 2005. Consequently, a three month extension needs to be requested from the Department of Justice. No change needs to be made to the existing MOU with the Crisis Center for this grant. 3. Revise the existing March 2005 MOU to reflect a partnership with the Child Advocacy Center for the new Implementation Grant, at which time the new MOU will become effective and the March MOU will be terminated (draft MOU included in packet) ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the Crisis Center letter of withdrawal, approve the 2003 planning grant extension approve the revised Memorandum of Understanding required for the Department of Justice Safe Haven Implementation Grant and authorize the Mayor to sign related documents 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that the Council accept the Crisis Center letter of withdrawal, approve the revised Memorandum of Understanding and authorize the Mayor to sign related documents. Sample Motion Motion to accept the Crisis Center letter of withdrawal, approve the revised Memorandum of Understanding required for the Department of Justice Safe Haven Implementation Grant and authorize the Mayor to sign related documents. September 13, 2005 Mr. Leonard McCarty, Chair Mrs. Bobbie Parks, Former Chair Crisis Center Board of Directors P.O. Box 1008 Grand Island, NE 68802 Dear Mr. McCarty and Mrs. Parks, This letter is in response to the Crisis Center Board of Directors decision to withdraw support from the Safe Haven grant and program. The City and the Heartland Family Visitatio n Center Consulting Committee is making alternative arrangements with the Child Advocacy Center to ensure grant compliance and continuation of the project. The December 23, 2003 Memorandum of Understanding (MOU) between the City of Grand Island and The Crisis Center, Inc. for grant planning will be terminated on the date a new planning grant MOU is approved with the Child Advocacy Center. The March 8, 2005 MOU for the new Implementation Grant is terminated effective August 1, 2005. Sincerely, Jay Vavricek, Mayor City of Grand Island jk The following is a copy of Safe Haven Project Discussion and approval by the Central Nebraska Child Advocacy Center as it occurred at the July 20, 2005 Meeting of the Board of Directors. This is included in the recorded minutes of the CAC on file at the office. Sondra Schwehn Director 9/1/05 PROPOSAL FROM THE SAFE HAVEN/HEARTLAND FAMILY VISITATION CENTER: Ruby Tupper explained the current situation to the Board regarding the visitation center project. The Crisis Center had originally been the sponsoring agency for this project but due to unknown reasons has recently decided not to sponsor the project. Sondra explained that the situation was again similar to the one presented for Board consideration in February 2005. A proposal was submitted for cons ideration of the Child Advocacy Center becoming the sponsoring 501(c) 3 for the project. After discussion a motion was made to accept the proposal as presented and to sponsor the Safe Haven/Heartland Family Visitation Project until such time as the project would acquire its own 501©3 and become an independent program. The Board upon motion made and seconded and upon voice vote, approved the sponsorship under the proposal as printed below and with the understanding that all bank accounts and finances would be strictly separate with no monies for the project flowing through the Child Advocacy Center accounts with a noted exception that it might become necessary to request an advance in funds for project operations that would be reimbursed from the grant administered by the City of Grand Island. Also, Sondra and Ruby have agreed that any items to come before the Board should at least first be presented to Sondra so that the CAC Director is aware of any concerns or possible changes in scope of CAC commitment to the project. CENTRAL NEBRASKA CHILD ADVOCACY CENTER THE HEARTLAND FAMILY VISITATION CENTER PROPOSED CO-OPERATIVE AGREEMENT Visitation Project Update: From its inception in October 2003, the visitation project has operated as a program under the umbrella of The Crisis Center, Inc 501(c)3. All funding for the project to date has been through a planning grant from the Office of Violence Against Women (OVW) to the City of Grand Island, with administrative and implementation duties assigned to the Crisis Center as agreed upon in the Memorandum of Understanding dated December 23, 2005. To date all goals and objectives as outlined in initial grant documents have been met or are nearly completed. On March 10, 2005, the visitation project director submitted an application for $175,000 of implementation funding to OVW, through the City of Grand Island. In addition, a sum of $8,000 of Access and Visitation funds has been appropriated to the visitation project through the Nebraska Office of Child Support Enforcement (OSCE). Michelle Dodge, Program Specialist, with the Office of Violence Against Women has been contacted about a “No Cost Extension” and proposed budget revision of the current planning grant. If approved, funding for the visitation project would be solid through December 2005 and into the new year with $8,000 from OSCE. It is my understanding that we should receive notice from OVW prior to October 1, 2005 as to whether our application for implementation funds will be awarded. I was notified verbally on June 23, 2005 that the Crisis Center no longer wanted to support the visitation project as a program under the umbrella of its 501(C)3 or as a program associated with their organization. Written confirmation of their decision was received by the City of Grand Island on July 15, 2005. The Community Based Consulting Committee feels very strongly that the visitation center is urgently needed in our community. In considering “next-step” options it seems logical that the Central Nebraska Child Advocacy Center could step into the role of the Crisis Center by hosting the visitation project as a program under the umbrella of its 501(C)3, until such time as The Heartland Family Visitation Center can incorporate and obtain its own 501(C)3 status. MEMORANDUM OF UNDERSTANDING SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT REFERENCE GRANT APPLICATION NO.: 2005-X2328-NE-CW This Memorandum of Understanding is approved and executed on this ______ day of ___________________, 2005 by THE CITY OF GRAND ISLAND, CENTRAL NEBRASKA CHILD ADVOCACY CENTER (CAC), THE HEARTLAND FAMILY VISITATION CENTER (HFVC), THE CRISIS CENTER, INC. (THE CENTER), AND THE HALL COUNTY COURT SYSTEM. 1. Project Description. The purpose of this Memorandum of Understanding is to amend the general terms, conditions and commitments of Memorandum of Understanding dated March 8, 2005 submitted with Safe Havens: Supervised Visitation and Safe Exchange Grant application 2005-X2328-NE-CW. The respective parties agree to administer and meet the specifications outlined in the implementation proposal contained in Safe Havens: Supervised Visitation and Safe Exchange Grant application 2005-X2328-NE-CW submitted to the Department of Justice, Office on Violence against Women on March 10, 2005. This document will outline the understanding between the parties to this agreement to implement the plan developed under Safe Havens: Supervised Visitation and Safe Exchange planning grant 2003-CW-BX-0026 to open a safe place for supervised visitation and safe exchange of children in cases of domestic violence, child abuse, sexual assault or stalking in the City of Grand Island, Hall County and surrounding communities to be known as The Heartland Family Visitation Center. 2. History of Relationship. The Crisis Center, Inc. began collaborating with the City of Grand Island, Hall County, Nebraska in 2001, which culminated in the award of Safe Havens: Supervised Visitation and Safe Exchange planning grant 2003- CW-BX-0026 to the City of Grand Island. The Executive Director of the Crisis Center, Inc. contacted members from community agencies having a direct interest in the need for a supervised visitation and safe exchange center to serve on a planning committee. A project director was hired b y The Center in April 2004. At that time, additional agencies and members of the community were contacted to participate in the planning process. The committee expanded to its current seventeen members. Agencies who have participated in the planning phase of the project include, The City of Grand Island, The Crisis Center, Inc., Central Nebraska Child Advocacy Center, The Grand Island Police Department, Health and Human Services, a representative from the Nebraska State Legislature, Heartland Court Appointed Special Advocates (CASA), Central Health Center, a private supervised visitation service provider, two practicing mental health professionals, and two family law attorneys. The planning committee has met on a monthly basis to discuss the provision of visitation services to victims of domestic violence. One of the primary goals for the visitation center has been the protection and safety of domestic violence victims and their children. As a result, the City of Grand Island and its community partners strive to develop an expanded collaboration including child abuse and neglect organizations, law enforcement, courts, hospitals, legal advocates, families, and community groups in an effort to establish a supervised visitation and safe exchange center that will offer services to meet the needs of victims of domestic violence and their children. The City of Grand Island received written notice in a letter dated July 12, 2005 that states, “It is the unanimous decision of the Crisis Center Board of Directors to discontinue our collaboration with the Heartland Visitation Center as a program under the umbrella of the Crisis Center 501 C3….It is our intent to continue to support the concept of a Visitation Center and upon its completion, offer referrals.” In light of this recent decision, the general terms, conditions and commitments of the Memorandum of Understanding dated March 8, 2005 submitted with Safe Havens: Supervised Visitation and Safe Exchange Grant application 2005-X2328-NE-CW must be amended to reflect a change of structure from that established in Memorandum of Understanding dated March 8, 2005. The Community Based Consulting Committee feels very strongly that the visitation center is urgently needed in our community to meet the needs of victims of domestic violence, child abuse, sexual assault and stalking. In considering “next -step” options it seems logical that the Central Nebraska Child Advocacy Center could step into the role of the Crisis Center by hosting the visitation project as a program under the umbrella of its 501(C)3, until such time as The Heartland Family Visitation Center can incorporate and obtain its own 501(C)3 status. The City of Grand Island and the Community Consulting Committee have identified the local court system as a partner and a court representative has agreed to attend monthly Consulting Committee meetings. The group’s immediate goal is to develop an awareness and understanding among all collaborative partners of the unique circumstances surrounding supervised visitation in cases of domestic violence. The Heartland Family Visitation Center will accept referrals from domestic violence advocates employed by The Crisis Center, Inc., the local court system, mental health professionals and the legal community for families in need of supervised visitation services. Throughout this relationship, The Crisis Center, Inc. has provided training as needed for the project director and planning committee members in the following areas: recognizing signs of domestic violence; methods and strategies for working with victims of domestic violence; and the potential impact of domestic violence on children and battered persons. 3. Development of Application. Discussions regarding the collaborative effort that is proposed in the application and detailed in this Memorandum began in earnest in November, 2003. During their regular monthly meetings, the Consulting Committee members discussed elements of the application and the appropriate roles of each partner. The Visitation Project Director met with members of the Financial Resources Committee to develop a grant application as supplemented with key judicial and Crisis Center staff recommendations. The Visitation Project Director also conducted an independent study of similar supervised visitation programs in other jurisdictions. Physical visits were made to visitation centers in Duluth, Minnesota; Yankton, South Dakota; and Toledo, Ohio. The Visitation Project Director initiated contact via telephone and e-mail with Program Directors at centers in Rapid City, South Dakota; Mitchell, South Dakota; Sioux Falls, South Dakota; Independence, Missouri; Kansas City, Kansas; and Bend, Oregon. This information enhanced the quality of proposed programmatic elements. Additionally, the Directors discussed the application process and expectations of the evolving collaboration with potential members. These representatives provided input during the initial development phase and feedback throughout the process. Recent meetings among the collaborative partners including representatives from the City of Grand Island, Central Nebraska Child Advocacy Center, The Crisis Center, Inc. and local court representatives have led to the agreement reflected in this Memorandum and the submission of the 2005 grant application. 4. Recitals. WHEREAS, the City of Grand Island, a Nebraska Municipal Corporation, is a unit of local government as identified by the Department of Justice as an eligible applicant, applied for Safe Havens grant funds for implementation of a supervised visitation and safe exchange center to be known as The Heartland Family Visitation Center in accordance with a plan developed under Safe Havens planning grant 2003-CW-BX- 0026 from the Office on Violence Against Women; WHEREAS, the Department of Justice encouraged all applicants for the Safe Havens grant to enter into a collaborative working relationship with state or local courts and a non-profit, non-governmental entity in the local community; WHEREAS, The Community Based Consulting Committee feels very strongly that the visitation center is urgently needed in our community to meet the needs of victims of domestic violence, child abuse, sexual assault and stalking; WHEREAS, In considering “next-step” options to fill the structural void created by the withdrawal of support for the visitation project by The Crisis Center, Inc., it seems logical that the Central Nebraska Child Advocacy Center step into the role of the Crisis Center by hosting the visitation project as a program under the umbrella of its 501(C)3, until such time as The Heartland Family Visitation Center can incorporate and obtain its own 501(C)3 status; WHEREAS, The Central Nebraska Child Advocacy Center Board of Directors met on July 20, 2005 and approved the recommendation of the Community Based Consulting Committee to host the visitation project as a program under the umbrella of its 501(C)3, until such time as The Heartland Family Visitation Center can incorporate and obtain its own 501(c)3 status; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 5. Roles and Responsibilities City of Grand Island, Hall County, Nebraska · Act as the fiscal agent for the grant project and ensure compliance with the reporting requirements of the Office on Violence Against Women. · Support the collaboration efforts of the project by providing a conference room for monthly partner meetings. · Designate staff members from the Police Department and Community Development Division to participate on the Community Consulting Committee. Central Nebraska Child Advocacy Center · Provide co-leadership between the Executive Director of the Central Nebraska Child Advocacy Center and the Visitation Project Director for all non- administrative duties related to developing an interagency collaboration among child abuse and neglect organizations, law enforcement, courts, hospitals, legal advocates and community groups. · Joint efforts will also include coordination of efforts in the areas of budget and financial stability; fundraising activities; and identification of grant resources specific to the needs of the visitation project implementation plan and to insure sustainability of the supervised visitation and safe exchange center. · Designate a representative of the agency to participate on the Community Consulting Committee. The Heartland Family Visitation Center · Dedicate 4 staff members and volunteers to providing supervised visitation services to families impacted by domestic violence, child abuse, sexual assault, and stalking. · Provide facilities (e.g. rooms, enclosed playground, etc.) for the program service objectives. Visitation Project Director: · Support the growth of the collaborative effort and supervise all supervised visitation and safe exchange center activities. · Submit program evaluation information to local and national evaluators as required by the grantor. · Submit financial documentation for accounting as needed. · Maintain confidentiality of individuals and families using supervised visitation and safe exchange center services. The Crisis Center, Inc. - Community Domestic Violence Agency · Provide up to three domestic violence awareness training sessions per year to supervised visitation and safe exchange center employees. Additional collaboration members will be invited to participate in these sessions. Compensation for the training sessions will be an In-Kind contribution for the benefit of The Heartland Family Visitation Center. · Refer all domestic violence victims with children, who are in need of supervised visitation or exchange services, to the supervised visitation and safe exchange center. The Crisis Center staff agrees to provide relevant case information to the staff of the supervised visitation and safe exchange center and to follow-up on the outcome of referrals. · Promote training/education of local law enforcement agencies and court representatives regarding domestic violence issues and supervised visitation. The Crisis Center, Inc. may enter into agreements with these agencies as to the number of training sessions to be provided. · Appoint a domestic violence advocate and/or other direct service provider to participate in the monthly meetings of the Community Consulting Committee. Hall County Court - Local Court System · Submit referrals and relevant case information to the staff of The Heartland Family Visitation Center, and follow-up on the outcome of the referrals. · Provide training for collaboration partners on the legal system and its role in working with victims of domestic violence, child abuse, sexual assault and stalking. · Designate a representative and alternate representative to participate in the collaboration meetings, as is currently taking place. 6. Time Line. The roles and responsibilities described above are contingent on the City of Grand Island, Hall County, Nebraska receiving the funds requested for this project in the OVW grant application. The beginning and ending dates of this collaborative effort would coincide with the grant period, anticipated to be January 1, 2006 to December 31, 2006. 7. This document shall be binding upon all the successors and assigns of the parties hereto. 8. The City of Grand Island reserves the right to withdraw from participation in this agreement at any time during the grant period. 9. Future Amendments. Occasionally the undersigned may jointly desire to amend the terms of this Memorandum of Understanding for any future agreement. Such consent shall not be unreasonably withheld but must be acknowledged in writing by all original parties to this Memorandum of Understanding before going into effect. APPROVAL We, the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described here, and approve it. By _____________________________ Sondra Schwehn, Exec. Director Central Nebraska Child Advocacy Center Date ___________________________ By _____________________________ Ruby Tupper, Project Director Heartland Family Visitation Center Date ___________________________ By _____________________________ Michael Kline, Chairman Central Nebraska Child Advocacy Center Date ___________________________ By_____________________________ Shellie Pointer, Exec. Director The Crisis Center, Inc. Date ___________________________ By _____________________________ Philip Martin Hall County Court Judge Date ___________________________ By _____________________________ Leonard McCarty, Chairman The Crisis Center, Inc. Date ___________________________ ATTEST: ________________________________ RaNae Edwards, City Clerk By _____________________________ Mayor Jay Vavricek The City of Grand Island Date ___________________________ REQUEST FOR APPROVAL OF BUDGET RIVISIONS THE CITY OF GRAND ISLAND AWARD NUMBER: 2003-CW-BX-2006 Budget Category Original Award Requested Changes Revised Budget A. Personnel 60,000.00 4,688.00 64,688.00 B. Fringe Benefits 9,690.00 1,296.00 10,986.00 C. Travel 21,243.00 (11,751.00) 9,492.00 D. Equipment 8,400.00 7,806.00 16,206.00 E. Supplies 4,300.00 (2,039.00) 2,261.00 F. Construction -0- -0- -0- G. Consultants/Contracts 11,200.00 (5,000.00) 6,200.00 H. Other 5,060.00 5,000.00 10,060.00 Total Direct Costs 119,893.00 -0- 119,893.00 I. Indirect Costs -0- -0- -0- Total Project Costs $119,893.00 -0- $119,893.00 A. Personnel: Allocation of funds for the addition of a Visitation Specialist/Case Manager to the visitation center project staff. A portion of the necessary funds for this position come from savings realized in the Personnel category. Additional funding comes from under spending in other budget categories. B. Fringe : Fringe benefits associated with the additional Personnel costs. C. Travel: Revised amount reflects actual expenses for training and travel opportunities funded to date. The Visitation Project Director and several members of the Consulting Committee took advantage of the training opportunities sponsored by OVW by attending the seminars and institutes. Our program would have liked to attend many other trainings (e.g. OJP Financial Management Training; FSU: Safe Havens Conference), but was not able to send representatives from our program, because registration for the institutes and conferences was limited. The available spots filled up very quickly and before we could get our registrations submitted. REQUEST FOR APPROAL OF BUDGET RIVISIONS Page 2 D. Equipment: The projected date for opening The Heartland Family Visitation Center in Grand Island is October 2005. In order to meet the safety requirements as established by the Consulting Committee and to best meet the needs of victims of domestic violence, sexual assault, child abuse and stalking, using the visitation center and to comply with the objectives of the Safe Havens Supervised Visitation Grant Program, the purchase of security equipment not requested in the original application will be necessary. Additional funds in the Equipment category will be used for the purchase and installation of security equipment to include a video monitoring system ($2,500.00 including installation) and an access control system for all interior doors and one intercom with door release at the outside entrance to be used by parents picking up children at the visitation center ($5,306.00 including installation). Additional funding comes from under spending in other budget categories. E. Supplies: Realized savings associated with visitation project expense. F. Construction: Not applicable G. Consultants/Contracts: Realized savings associated with training expense as well as grant writing service expense. Members of the Consulting Committee conducted training at no cost to the program. The Visitation Project Director, Ruby Tupper, has attended several grant writing workshops and will complete her Bachelors of Applied Science degree in Human and Social Service Administration December 2005. Grant writing is a large part of the course work in the HSSA program. Therefore she has been writing grants for the visitation program at no additional cost above her salary. H. Other: In October 2005, the visitation program will experience an increase in the cost for space (rent). The cost for the lease/rent of a facility to house the visitation center will exceed the current amount budgeted for the rent of office space currently paid to The Crisis Center, Inc at $70.00 per month. Rent for the building to house the visitation center and office is expected to be $800/month for the period beginning October 2005 – December 2005. The visitation project would also be responsible for paying the cost of utilities, which are expected to be approximately $400/month. Funding comes from under spending in other budget categories. Approved as to Form ¤ ___________ September 8, 2005 ¤ City Attorney R E S O L U T I O N 2005-259 WHEREAS, the United State Department of Justice has awarded a Safe Havens: Supervised Visitation and Safe Exchange Grant to the City of Grand Island to create a plan for development, implementation and funding of a safe place for visitation and safe exchange of children in cases of domestic violence, child abuse, sexual assault or stalking in the city of Grand Island, Hall County and surrounding communities; and WHEREAS, the U.S. Department of Justice encourages all participants for the Safe Havens grant to enter into a collaborative working relationship with state or local courts and a non-profit, non- governmental entity in the local community; and WHEREAS, on December 23, 2003, the City Council of the City of Grand Island authorized and approved a Memorandum of Understanding with The Crisis Center for the use of Safe Havens grant funds in the amount of $119,893 to develop a visitation and safe exchange center for victims of domestic violence and abuse as allowed in the special conditions of the grant; and WHEREAS, in July 2005, the Board of Directors for the Crisis Center voted to withdraw their support for the project; and WHEREAS, the Visitation Center Consulting Committee accepted the Crisis Center letter of withdrawal and agreed to postpone the Capital Campaign; and WHEREAS, the feasibility study for the campaign will be completed so that information from the study can be used for grant writing and other funding applications; and WHEREAS, the Central Nebraska Child Advocacy Center (CAC) is a local non-profit, non-governmental child sexual abuse, child abuse and neglect agency that meets the Department of Justice grant requirement; and WHEREAS, the CAC Board of Directors agreed to assume responsibility for the Heartland Family Visitation Center program and Department of Justice Implementation grant; and WHEREAS, it is recommended that a Memorandum of Understanding be entered into with the Central Nebraska Child Advocacy Center for the use of funding for the implementation of grant goals and objectives; and WHEREAS, it is necessary to request an extension of the grant term until December 31, 2005 due to staff changes, unclear role definitions and other extenuating circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: - 2 - 1. The Letter of Withdrawal from the Crisis Center is hereby accepted. 2. That the March 2005 Memorandum of Understanding with the Crisis Center for such project is hereby null and void. 3. A request be made to the Department of Justice to allow an extension to the term of the grant until December 31, 2005. 4. a Memorandum of Understanding be entered into with the Central Nebraska Child Advocacy Center for the use of grant funds for implementation of the grant goals and objectives. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G27 #2005-260 - Approving Annual Agreements for Support, License, Operating System and Database Administration with MUNIS Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: September 13, 2005 Subject: Approving Annual Agreement for Operating System & Database Administration Support with MUNIS Item #’s: G-27 Presenter(s): David Springer, Finance Director Background On July 10, 2001, Council approved the purchase and implementation of the MUNIS integrated financial software system. In order to receive ne eded software upgrades and technical assistance from the company, it is necessary to enter into an annual Operating System and Database Administration Support Agreement. Discussion The cost for the period of 9/14/2005 to 9/13/2006 of the Operating System Support is $18,063.90 and for the MUNIS Licensing and Support is $68,298.43, for a total annual cost of $86,362.33. The need for annual support and their related costs were presented to Council at the time of the initial purchase. We have 50 client seats or licenses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2005-2006 contract with MUNIS for software support. 2. Disapprove or deny the contract. 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the 2005-2006 software support contract with MUNIS. Sample Motion Approve the Annual Agreement for Operating System & Database Administration Support with MUNIS. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-260 WHEREAS, on July 10, 2001, by Resolution 2001-180, the City of Grand Island approved the proposal of Process, Inc., d/b/a Munis to implement new accounting software with an integrated financial program; and WHEREAS, in order to receive continued upgrades and technical assistance from the company, it is necessary to enter into an annual Operating System and Database Administration Support Agreement; and WHEREAS, the cost for the period of September 14, 2005 to September 13, 2006 for operating system support is $18,063.90; and WHEREAS, the cost for the period of September 14, 2005 to September 13, 2006 to Munis licensing and support is $68,298.43; and WHEREAS, the proposed agreements have 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 Annual Agreement for Operating System and Database Administration Support by and between the City and Munis, Inc. for the amount of $18,063.90 is hereby approved. BE IT FURTHER RESOLVED, that the Annual Support Agreement and License Agreement for Munis Software in the amount of $68,298.43 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G28 #2005-261 - Approving Changes to Parking Restrictions on the North Side of 3rd Street West of Oak Street; in Front of the Senior Center Tuesday, September 13, 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: September 13, 2005 Subject: Approving the Changes to Parking Restrictions on the North Side of 3rd Street West of Oak Street; in Front of the Senior Center Item #’s: G-28 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required for the installation of loading zones and designation of No Parking areas on City streets. The City Council approved Resolution Number 2005-132 at the April 26, 2005 meeting. An incorrect distance regarding the distance from the curb was stated in the resolution. Discussion No parking will be designated on the North side of 3rd Street from the west face of the curb on Oak Street westerly for 94’. The loading zone would be from the west end of the no parking westerly for 105’. Resolution No. 2005-132 had an incorrect distance of 250’ for the loading zone. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve changes to the parking. 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 pass a resolution to approve the changes to the parking. Sample Motion Move to approve the changes on the north side of 3rd Street west of Oak Street in front of the Senior Center. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-261 WHEREAS, on April 26, 2005, by Resolution 2005-132, the City Council of the City of Grand Island approved a No Parking Zone and a Loading Zone on the north side of Third Street, near the Grand Generation Center; and WHEREAS, the resolution incorrectly identified the location of the Loading Zone; and WHEREAS, the Loading Zone should have been identified as being 105 feet westerly from the No Parking Zone; and WHEREAS, the No Parking Zone on the north side of Third Street starts at the west curb of Oak Street, westerly for 92 feet; and WHEREAS, a drawing showing the recommended placement of the No Parking Zone and the Loading Zone is attached and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2005-132 is hereby corrected to identify the location of the Loading Zone on the north side of Third Street as 105 feet westerly from the No Parking Zone, as shown on the attached drawing. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G29 #2005-262 - Approving Continuation of Sanitary Sewer No. 519, Lots 10 through 21 Westwood Park Second Subdivision Tuesday, September 13, 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: September 13, 2005 Subject: Approving Continuation of Sanitary Sewer No. 519, Lots 10 through 21 Westwood Park Second Subdivision Item #’s: G-29 Presenter(s): Steven P. Riehle, Public Works Director Background Sanitary Sewer District 519 was created by the City Council on July 26, 2005. Legal notice of the creation of the District was published in the Grand Island Independent on August 2, 2005. A letter was also maile d to all property owners on that date. A public open house was held on August 11, 2005 to explain the details of the project. A Frequently Asked Questions sheet from the meeting is attached. The estimated assessment per home for the district was $15,423.00. Discussion The district completed the 30-day protest period at 5:00 p.m., Thursday, September 1, 2005. There was a protest filed against this District by 1 abutting property owner. The owner represented 115.00 front feet, or 8.56% of the total District frontage of 1,343.00 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the continuation of the Sanitary Sewer District . 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 continuation of Sanitary Sewer District 519. Sample Motion Move to approve the continuation of Sanitary Sewer District 519. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-262 WHEREAS, Sanitary Sewer District No. 519 was created by Ordinance No. 8984 on July 26, 2005, comprised of Lots 10 through 21 of Westwood Park Second Subdivision; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 1, 2005, and one protest was filed against the creation of such district, representing 8.56% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 519, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G30 #2005-263 - Approving Discontinuation of Sanitary Sewer No. 520, Lots 1 through 18 and Lots 29 through 47 Westwood Park Subdivision Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Directr City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 13, 2005 Subject: Approving Discontinuation of Sanitary Sewer No. 520, Lots 1 through 18 and Lots 29 through 47 Westwood Park Subdivision Item #’s: G-30 Presenter(s): Steven P. Riehle, Public Works Director Background Sanitary Sewer District 520 was created by the City Council on July 26, 2005. Legal notice of the creation of the District was published in the Grand Island Independent on August 2, 2005. A letter was also mailed to all property owners on that date. A public open house was held on August 11, 2005 to explain the details of the project. A Frequently Asked Questions sheet from the meeting is attached. The estimated assessment per home for the district was $ 14,332.17. Discussion The district completed the 30-day protest period at 5:00 p.m., Thursday, September 1, 2005. There were protests filed against this District by 18 abutting property owners. These owners represented 2,091.32 front feet, or 54.51% of the total District frontage of 3,836.46 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the discontinuation of the Sanitary Sewer District. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the discontinuation of Sanitary Sewer District 520. Sample Motion Move to approve the discontinuation of Sanitary Sewer District 520. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-263 WHEREAS, Sanitary Sewer District No. 520 was created by Ordinance No. 8988 on July 26, 2005, comprising of Lots 1 through 18 and Lots 29 through 47 of Westwood Park Subdivision; and WHEREAS, notice of the creation of such Sanitary Sewer District No. 520 was published in the Grand Island Independent, in accordance with the provisions of Section 16-619 et seq., Neb. Rev. Stat. 1943; and WHEREAS, Section 16-620, Neb. R.R.S. 1943, provides that if owners of record title representing more than 50% of the front footage of the property abutting or adjoining the streets, avenues or alleys, or parts thereof to be improved in any district shall file with the City Clerk within thirty days from the first publication of said notice written objections to the sanitary sewer district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 1, 2005, and protests were filed with the City Clerk against the creation of Sanitary Sewer District No. 520 by abutting property owners representing 54.51% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests having been filed with the City Clerk against the creation of Sanitary Sewer District No. 520, such district should not be continued and the ordinance which created said district shall be repealed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item G31 #2005-264 - Approving Certificate of Final Completion for the Transfer Station Storage Building Tuesday, September 13, 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: September 13, 2005 Subject: Approving Certificate of Final Completion for the Transfer Station Storage Building Item #’s: G-31 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for the Transfer Station Storage Building was awarded to Rathman & Manning Corp. of Chapman, NE on April 26, 2005. Work commenced in May 2005 and has been completed. Discussion The Transfer Station Storage Building was completed in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. Costs for the project break down as follows: Original Bid $ 104,400.00 Change Order No. 1 $ 650.00 Total Cost $ 105,050.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve final completion of the Transfer Station Storage Building. 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 Certificate of Final Completion. Sample Motion Move to approve the Certificate of Final Completion for the Transfer Station Storage Building. ENGINEER’S CERTIFICATE OF FINAL COMPLETION TRANSFER STATION STORAGE BUILDING CITY OF GRAND ISLAND, NEBRASKA September 13, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of the TRANSFER STATION STORAGE BUILDING has been fully completed by Rathman & Manning Corp. of Chapman, NE under the contract dated May 11, 2005. The construction of this street project has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Storage Building is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. Transfer Station Storage Building Item Total Unit Total No. Description Quantity Price Cost____ 1. Transfer Station Storage Building 1 $104,400.00 $105,050.00 TOTAL CONSTRUCTION COST $ 105,050.00 LESS AMOUNT PREVIOUSLY PAID TO CONTRACTOR $ 62,144.25 BALANCE DUE TO CONTRACTOR THIS FINAL PAYMENT $42,905.75 Respectfully submitted, Steven P. Riehle Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - September 13, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Transfer Station Storage Building, be approved and a warrant be issued from Account No. 50530040-85610 in the amount of $42,905.75 payable to Rathman & Manning Corp. for the amount due to the contractor. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-264 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Transfer Station Storage Building, certifying that Rathman- Manning Corp. of Chapman, Nebraska, under contract dated May 11, 2005, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Engineer/Public Works Director's Certificate of Final Completion for Transfer Station Storage Building is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Request of Ray and Dianne Stahla to Amend Mobile Home Park Plan for Stahla Mobile Home Park Located in the 2200 Block of South Engleman Road Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: September 13, 2005 Subject: Request of Ray and Dianne Stahla to Amend the Park Plan for Stahla Mobile Park located in the 2200 Block of South Engleman Road Item #’s: H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request to modify the park plan for Stahla Mobile Home Park. This park has been in existence for a number of years and was recently modified by the City Council on May 10, 2005 to include the addition of two recreational vehicle sites. The park currently has approval for a total of three recreational vehicle sites. Section 21-6 of the Grand Island City Code provides that parks may have spaces for recreational vehicles provided that such spaces are identified on the park plan and that such spaces do not exceed twenty percent of the total number of spaces provided in the park. Any revisions, modifications, or additions to the park plan must be reviewed and approved by the City Council. Discussion This request is to modify two existing manufactured home sites lot numbers 59 and 58. The modification would allow for two additional recreational vehicles on lot 59 and create four new recreational vehicle spaces on lot 58, bringing the total recreational vehicle sites in the park to nine. The City Code allows for not more than 20 % for the spaces in the park to be recreational vehicle sites, with the total spaces provided at 60 and 20% of that number being 12 the proposal would comply with the maximum number allowed in the code. The square footage provided for the sites are 1,750 square feet for each recreational vehicle site on lot 58 and 2,750 square feet for the four sites proposed on lot 59. With the recent amendment to the city code allowing recreational vehicle sites to provide a minimum of 1,500 square feet of space this proposal would comply. Utility services to these proposed sites will be provided as a central meter billed to the Park as with previous recreational vehicle spaces. The existing water, sewer and electrical services to the proposed site will need to be modified to accommodate the new spaces. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request to allow the additional recreationa l vehicle sites proposed within the existing park. Sample Motion A motion to approve the request to modify the park plan as presented for Stahla Mobile Home Park. Item I1 #2005-265 - Approving General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request This item relates to the aforementioned Public Hearing Item E-9. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-265 WHEREAS, Nebraska Revised Statute Section 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and WHEREAS, it is in the best interests of the City that the property tax request for the current year be a different amount than the property tax request for the prior year; and WHEREAS, the final levy of the Municipality for the fiscal year 2005-2006 for all general municipal purposes is set at .250000 per one hundred dollars of actual valuation; and WHEREAS, the final levy of the Municipality for the fiscal year 2005-2006 for Parking District No. 2 is set at .036877 per one hundred dollars of actual valuation; and WHEREAS, the final levy of the Municipality for the fiscal year 2005-2006 for the Community Redevelopment Authority is set at .023625 per one hundred dollars of actual valuation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The amount to be raised by taxation for all general municipal purposes for the fiscal year commencing on October 1, 2005 in the amount of $5,212,064 shall be levied upon all the taxable property in the City of Grand Island, and based on a current assessed valuation of $2,084,825,444; and 2. The amount to be raised by taxation for Parking District No. 2 for the fiscal year commencing October 1, 2005 in the amount of $13,000 shall be levied upon all the taxable property within Parking District No. 2, and based on a current assessed valuation of $35,251,862; and 3. The amount to be raised by taxation for the Community Redevelopment Authority for the fiscal year commencing October 1, 2005 in the amount of $492,540 shall be levied upon the taxable property in the City of Grand Island, and based on a current assessed valuation of $2,084,825,444. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. - 2 - _______________________________________ RaNae Edwards, City Clerk Item I2 #2005-266 - Consideration of Resolution Supporting Enabling Legislation for the Creation of a Storm Water Funding Mechanism Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 13, 2005 Subject: Consideration of Resolution Supporting Enabling Legislation to Provide a Funding Mechanism for a Storm Water Management Program Item #’s: I-2 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island has been designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water community. An application for a storm water permit was submitted to the Nebraska Department of Environmental Quality (NDEQ) on August 10, 2005. The NDEQ plans to public notice the permit application in October 2005 and issue the City of Grand Island a storm water permit in December 2005. The permit would be effective as of January 1, 2006. The permit requires the city to develop a Storm Water Management Program (SWMP) containing the following activities: 1. Public Education and Outreach 2. Public Participation and involvement 3. Illicit Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention / Good Housekeeping Measures for Municipal Operations 7. Storm Water Monitoring and Testing Discussion The financial impact for Grand Island of this un-funded federal mandate is estimated at over $300,000.00. The proposed legislation is “enabling” legislation that allows a municipality to decide at the local level how to fund the SWMP. The current law only allows Nebraska communities to fund the activities that will be required under the SWMP with assessment districts or property taxes. The proposed legislation would add the ability for a municipality to fund the SWMP with charges based on storm water use or contribution. This would be similar to how utilities such as water, electric, and sanitary sewer charge their customers. LB 102 was introduced in 2005 but failed to make it out of the Natural Resources Committee. A copy is attached. We anticipate legislation being introduced for the 2006 session. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve a Resolution supporting enabling legislation. 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 pass a Resolution in support of enabling legislation for the creation of a storm water utility. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ September 7, 2005 ¤ City Attorney R E S O L U T I O N 2005-266 WHEREAS, the City of Grand Island has been designated as a Phase II Storm Water Community for its Municipal Separate Storm Sewer System (MS-4) under the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act (CWA) of 1977 as administered by the United States Environmental Protection Agency (EPA) and the Nebraska Department of Environmental Quality; and WHEREAS, on January 4, 2006, the 99th Legislature of the State of Nebraska Second Session, will convene; and WHEREAS, legislation may be proposed that amends the existing statutes pertaining to storm water drainage; to authorize storm water management programs; and to change provisions relating to charges and fees for the construction and operation of storm water systems; and WHEREAS, the City of Grand Island desires to express this support for such legislation, if introduced; and WHEREAS, it is the purpose of this resolution to approve support for legislation, if introduced, which amends existing statutes pertaining to storm water drainage, to authorize storm water management programs, and to change provisions relating to charges and fees for the construction and operation of storm water systems. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island supports legislation to: (1) amend existing statutes pertaining to storm water drainage, (2) authorize storm water management programs, and (3) to change provisions relating to charges and fees for the construction and operation of storm water systems. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 13, 2005. _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of August 24, 2005 through September 13, 2005 The Claims for the period of August 24, 2005 through September 13, 2005 for a total amount of $4,180,491.76. A MOTION is in order. Tuesday, September 13, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council