11-22-2005 City Council Regular Meeting PacketCity of Grand Island
Tuesday, November 22, 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 - Minister Scott Jones, Third City Christian Church, 4100 West 13th Street
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
City of Grand Island City Council
Item D1
#2005-BE-13 - Consideration of Determining Benefits for Sanitary
Sewer District No. 512; Marylane, Kentish Hills and Bradley
Subdivisions
Tuesday, November 22, 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: Douglas R. Walker, City Attorney
Meeting: November 22, 2005
Subject: Board of Equalization Hearing to Determine Benefits and
Consideration of an Ordinance Levying Assessments for
Sanitary Sewer District No. 512, Marylane, Kentish Hills and
Bradley Subdivision
Item #’s: D-1 & F-1
Presenter(s): Douglas R. Walker, City Attorney
Steven P. Riehle, Public Works Director
This memorandum is intended to supplement the Council Agenda Memorandum on Items D-1
and F-1. The beginning portion of this memorandum discusses the history of the detention cell
on Lot 13 in the Marylane Subdivision and was prepared by Steven P. Riehle, Public Works
Director, and the discussion on the legal issues in part two of this memorandum was prepared by
Douglas R. Walker, City Attorney.
Historical Background
Marylane Subdivision was platted in 1972 by Charles and Mary Fox before the area was annexed
into the city. Lot 13 was designated as a detention cell because no storm sewer outlet was
available for the subdivision.
Matt & Lori Beiber purchased Lot # 14 of Marylane Subdivision in August 2003 from Charles
and Mary Fox to build a home. The Fox’s also owned the detention cell property, lot # 13. They
wanted the Beiber’s to purchase the detention cell lot along with the lot for their home. Lots 13
& 14 were the last lots sold in the subdivision.
The Beiber’s purchased the lot for $10 because the Fox’s did not want to continue to maintain
the detention cell. The county assessor values the detention cell lot at $1,145 for property tax
computation purposes.
When Sanitary Sewer District was created, the estimated assessments were calculated with one
equal assessment per lot.
Lot #’s 1 and 2 of Marylane Subdivision are under common ownership. Lot number 1 (3115
South North Road) has a house built on it. Lot # 2 (3940 Marylane) functions as an extended
back yard for lot # 1. The proposed assessment levies an assessment to lot # 2 because someday
it could be built upon.
The city has had a number of discussions with the Beiber’s on possible options. These options
included:
1. Deed the detention cell to the city. The city did not support this option because the
cell did not have an outlet. The Beiber’s were not interested in this option, since they
wanted to maintain the property as a side yard to their home.
2. Do an administrative plat combining the lots into one.
3. We discussed deferring the assessment to the detention cell lot with the city attorney.
He did not feel that we could do this since this property did not qualify for any
statutory deferments.
Instances where a Lot was designated as a cell and later built on.
1. Lot # 25 of Freedom Acres Subdivision was designated in the subdivision agreement
for use as a detention cell. Lot # 25 is at the high end of the development, so a
detention cell was built at the low end of the development on lot # 21 (4124 Liberty
Lane). The detention cell lot functions as a detention cell as well as a side yard for the
home at 4130 Liberty Lane. The detention cell lot was assessed for the construction
of sanitary sewer district number 501 in September 2003. The lot may be built upon
in the future if storm sewer is available to serve the property. The property has since
changed hands.
2. Lots Number 12 and 33 of Old Potash Subdivision were designated as detention cells
in a subdivision agreement in 1978. The lots have since been built on. Sanitary sewer
was built in the area after the homes were constructed.
3. Lot 1 of Western Heights 4th Subdivision (1315 Branding Iron Lane) was designated
as a detention cell and now has a house on it. Sanitary sewer was built in the area
after the home was constructed.
Instances where a Lot that is a detention cell was assessed for sanitary sewer
1. Lot 21 Freedom Acres (mentioned above)
2. Lot 14 in Kentish Hills Subdivision (3804 Hampton Road) is a detention cell that is
being proposed to be assessed for sanitary sewer under this same district.
A permanent easement was purchased for the construction of water and sanitary sewer mains
from the Beibers in November 2003 for $1,500. A temporary construction easement (based on
$0.50 per square foot) for construction of the sanitary sewer main was purchased from the
Beiber’s for $2,000 in September 2005.
Legal Issues
Section 16-672 of the Revised Statutes of Nebraska discuss assessments equalization and
reassessments for the cost of constructing sewers. This section of the Nebraska Statutes states
that the council shall levy a tax for sewer construction costs on real estate in the sewage district
to the extent of benefits to such property by reason of such improvement. The statute further
states that the benefits to such property shall be determined by the council sitting as a Board of
Equalization after notice to property owners. The statute authorizes the council to assess the
costs of the sewer district improvements by front foot method or according to such other rule as
the council sitting as the Board of Equalization may adopt for the distribution or adjustment of
the costs upon the lots or real estate in the sewage district benefited by the improvement. This
section of the Nebraska Statutes gives the City Council discretion in deciding on the method to
use for assessing the benefits of the sewage district. The Public Works Department has
determined that the most equitable way to assess the benefits from the construction of this
sewage district was to have an equal assessment for each lot in the district. The lots in the
Marylane and Kentish Hills subdivisions are of unequal size and the foot frontage of the lots can
vary significantly. The benefits however were comparable for each lot in the district; therefore,
the Public Works Department made the recommendation that each lot be charged an equal
assessment.
In the case at hand involving Lot 13 of the Marylane Subdivision, the Public Works Department
determined that it was reasonable to go ahead and assess this lot in the same amount as the other
lots although there is language in the Marylane Subdivision Agreement which requires Lot 13 to
be used for storm water drainage and for the location of a detention cell. The Public Works
Department made this determination because this lot, although at the present time being used for
a detention cell, will not be used for a detention cell if a storm sewer district is created in the
future. It is anticipated that in the future the 200 acre tract adjacent to the east side of the
Marylane and Kentish Hills Subdivisions will also be developed and at that time easements will
be acquired for locating storm sewers. Once the storm sewers have been installed in this area,
there will no longer be a need for the detention cell. If the need for a detention cell is removed
from this property it could be available for construction purposes. The Public Works Department
has stubbed out a sanitary sewer service to this lot so that a connection can be made to the
sanitary sewer in the future if this lot is developed.
In the section of this memo on the history of the assessment process in Grand Island for similar
subdivisions, Steve Riehle noted that there have been several instances where lots that have had
detention cells have been developed and used for constructing a residence. Mr.Riehle has also
cited instances where lots used as detention cells were assessed on the same basis as other lots in
a sanitary sewer district. It would therefore seem appropriate that the Council follow prior
precedent and levy assessments in Sewer District No. 512 as it has in prior sewer districts.
I have reviewed the state statutes to ascertain whether there would be an option to defer the
collection of the sewage assessment until some point in the future. From my analysis of the state
statutes, I do not believe there are any deferrals which would apply to this property.
Another issue that has been raised about the assessments would be whether this real estate could
be excluded from the district. I do not believe that this is a viable option since this district was set
up to include Lot 13 of the Marylane Subdivision and this lot fits well within the borders of the
district. To remove this lot at this time would cause a reassessment of all the other lots in these
two subdivisions and it would not be appropriate to exclude this real estate after the creation of
this district.
Another issue that was raised at the prior council meeting was whether a partial assessment could
be levied against this lot based upon some factor of valuation. I would not recommend that this
approach be used to levying the assessments as this would create a great deal of controversy
regarding the relative values of lots within a sanitary sewer district and could create some very
inequitable results.
Another issue regarding this lot would be whether an administrative plat could have been done to
combine the two lots into one lot. There were discussions between Mr. Beiber and city personnel
and Mr. Beiber was made aware of this option. Mr. Beiber chose not to replat his property into
one lot but chose instead to continue to have two separately platted lots in the Marylane
Subdivision. I believe that Mr. Beiber was informed by city personnel of the proposed method of
assessing the benefits to each lot in the sewage connection district at the time this discussion took
place and he made a decision not to combine his lots.
In conclusion, I would recommend that the City Council adopt the method of assessment
proposed by the Public Works Department. It is my opinion that they are recommending an
equitable method of assessing the benefits of the sewage district by assessing the cost to each
separate lot.
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 22, 2005
Subject: Board of Equalization Hearing to Determine
Benefits and Consideration of an Ordinance
Levying Assessments for Sanitary Sewer
District No. 512; Marylane, Kentish Hills and
Bradley Subdivisions
Item #’s: D-1 & F-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer District 512 was approved
on October 11, 2005 with November 8, 2005 set as the date for Council to sit as
the Board of Equalization. All work has been completed and special assessments
have been calculated for the District.
The Public Hearing for the Board of Equalization was opened on November 8, 2005.
Matt and Lori Bieber spoke against the proposed assessment to Lot No. 13 of Mary Lane
Subdivision. Lot No. 13 is currently functioning as a detention cell as stipulated in the
subdivision agreement. Resolution 2005-BE-13 which would have determined the
benefits for the district was referred to the November 22, 2005 City Council meeting to
allow staff to time to gather information necessary to make an informed decision on the
proposed assessments.
Discussion
The contract for Sanitary Sewer District 512 was awarded to General Excavating of
Lincoln, Nebraska on September 14, 2004. Work on the project was completed at a
construction price of $436,000.72. Total cost of the project, including engineering, was
$512,530.13. Costs for the project break down as follows:
Original Bid $ 477,488.14
Underruns $ 36,751.80
Deductions:
Liquidated Damages ($ 600.00)
Restore Property Pins ($ 800.00)
Replace Trees ($ 300.00)
Fill & Grade Yards ($ 2,000.00)
T.V. Clean Line, Adjust Manholes ($ 2,909.86)
Additional Costs
Fire Hydrant Adjustment $ 320.00
Driveway Replacement $ 1,554.24
Sub Total (Construction Price) $ 436,000.72
Easement Acquisition/Restoration Costs $ 32,929.34
Engineering, Publication, TV Insp. Costs $ 43,600.07
Total Project Cost $ 512,530.13
The estimated total for District 512 at the time of creation was $521,110.50.
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 recommendation to allow the Board of
Equalization to determine benefits and pass an ordinance allowing the City to
recover the majority of the District costs and assess the benefiting owners.
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, sitting as a Board of Equalization,
determine benefits and pass an ordinance to levy Special Assessments to individual
properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for Sanitary Sewer District No. 512.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for Sanitary Sewer District No.
512.
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-BE-13
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
512, 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
$464,064.14; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 512, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Charles E. & Mary A. Fox Lot 1, Marylane Subdivision 6,536.11
Charles E. & Mary A. Fox Lot 2, Marylane Subdivision 6,536.11
Jerry L. & Rose G. Florez Lot 3, Marylane Subdivision 6,536.11
Neal R. & Sondra L. Schroder Lot 4, Marylane Subdivision 6,536.11
Lyle E. & Judith Maye Tibbs Lot 5, Marylane Subdivision 6,536.11
Ronald L. & Delores K. Tenski Lot 6, Marylane Subdivision 6,536.11
Jeffrey W. & Cynthia R. Hayes Lot 7, Marylane Subdivision 6,536.11
Kenneth C. & Christine L. Durand Lot 8, Marylane Subdivision 6,536.11
Cresencio & Maria Carmen Gutierrez Lot 9, Marylane Subdivision 6,536.11
Keith A. & Joey L. Ruff Lot 10, Marylane Subdivision 6,536.11
David A. & Ellen I. Nelson Green Lot 11, Marylane Subdivision 6,536.11
Kenneth I. & Vera L. Henman Lot 12, Marylane Subdivision 6,536.11
Matthew J. & Lori A. Beiber Lot 13, Marylane Subdivision 6,536.11
Matthew J. & Lori A. Beiber Lot 14, Marylane Subdivision 6,536.11
Timothy D. & Susan E. Pfeifer Lot 15, Marylane Subdivision 6,536.11
Gregory J. & Penny L. Post Lot 16, Marylane Subdivision 6,536.11
Dale E. & Sharon M. Huffman Lot 17, Marylane Subdivision 6,536.11
Andrew M. & Joan E. Schwan Lot 18, Marylane Subdivision 6,536.11
Charles E. & Loretta A. Roehrich Lot 19, Marylane Subdivision 6,536.11
Terry Lee & Lori L. Jepson Lot 20, Marylane Subdivision 6,536.11
Elaine K. & Steven A. Markham Lot 21, Marylane Subdivision 6,536.11
RESOLUTION 2005-BE-13
- 2 -
Vincent E. & Cynthia A. Luhn Lot 22, Marylane Subdivision 6,536.11
Dennis W. & Cheryl K. Harder Lot 23, Marylane Subdivision 6,536.11
Jody D. & Robin R. Bennett Lot 24, Marylane Subdivision 6,536.11
Robert W. & Penelope M. Thomas Lot 1, Bradley Subdivision 6,536.11
Jeffrey N. & Angela M. Warren Lot 1, Kentish Hills Subdivision 6,536.11
Frank P. & Marsha Prucha Lot 2, Kentish Hills Subdivision 6,536.11
Ryan G. & Whitney C. Witt Lot 3, Kentish Hills Subdivision 6,536.11
Dale G. & Joan J. Clark Lot 4, Kentish Hills Subdivision 6,536.11
Steven D. & Theresa M. Stirn Lot 5, Kentish Hills Subdivision 6,536.11
Thomas P. & Ronda K. Kruger Lot 6, Kentish Hills Subdivision 6,536.11
Dennis W. & Keanna Leonard Lot 7, Kentish Hills Subdivision 6,536.11
Heath A. & Barbara L. Johnson Lot 8, Kentish Hills Subdivision 6,536.11
Thomas A. & Lisa M. Olsen Lot 9, Kentish Hills Subdivision 6,536.11
Elmer E. & Kathleen F. Feldotto Lot 10, Kentish Hills Subdivision 6,536.11
Randy L. & Laurie R. Peterson Lot 11, Kentish Hills Subdivision 6,536.11
Danny L. & Lareen M. Halverson Lot 12, Kentish Hills Subdivision 6,536.11
Monte L. & Michelle G. Shultz Lot 13, Kentish Hills Subdivision 6,536.11
ABC Engineered Trusses Inc. Lot 14, Kentish Hills Subdivision 6,536.11
Thomas M. & Jessica M. Whelan Lot 15, Kentish Hills Subdivision 6,536.11
Ryan T. & Rebecca S. Waind Lot 16, Kentish Hills Subdivision 6,536.11
Jeffry A. & Jamie A. Vinson Lot 17, Kentish Hills Subdivision 6,536.11
Gregg & Shirley A. Schultz Lot 18, Kentish Hills Subdivision 6,536.11
John M. & Dianne McMahon Lot 19, Kentish Hills Subdivision 6,536.11
Bradley R. & Shree A. Arends Lot 20, Kentish Hills Subdivision 6,536.11
Stephen C. & Teresa A. Skibinski Lot 21, Kentish Hills Subdivision 6,536.11
John J. & Debra J. Lantz Lot 22, Kentish Hills Subdivision 6,536.11
Guy L. Leverington & Patricia J. Beiber Lot 23, Kentish Hills Subdivision 6,536.11
William F. & Connie J. Parten Lot 24, Kentish Hills Subdivision 6,536.11
Timothy & Sheri Brown Lot 25, Kentish Hills Subdivision 6,536.11
Charles T. & Debra L. Costello Lot 26, Kentish Hills Subdivision 6,536.11
Ronnie R. & Darla M. Sitzman Lot 27, Kentish Hills Subdivision 6,536.11
Craig & Terry Sue Starke Lot 28, Kentish Hills Subdivision 6,536.11
Cindy J. Avila Lot 29, Kentish Hills Subdivision 6,536.11
RESOLUTION 2005-BE-13
- 3 -
Gladys V. Schoel Part of SE1/4, SW1/4 of Section 25-11-10; more
particularly described as: the west 200 feet of the north
1498.42 feet of the south 1538.42 feet of E1/2, SW1/4
of Section 25-11-10.
111,113.95
Lutheran High School Assoc. Part of SW1/4, SW1/4 of Section 25-11-10; more
particularly described as follows: East 200 feet of north
818.42 feet of south 858.42 feet of SW1/4, SW1/4 of
Section 25-11-10
0.00
TOTAL $464,064.14
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on November 22, 2005.
____________________________________
RaNae Edwards, City Clerk
Item D2
#2005-BE-14 - Consideration of Determining Benefits for Sanitary
Sewer District No. 517; Deadwood Subdivision (Arch Avenue and
Johnstown Rd Area)
Tuesday, November 22, 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: November 22, 2005
Subject: Board of Equalization Hearing to Determine
Benefits and Consideration of an Ordinance
Levying Assessments for Sanitary Sewer
District No. 517; Deadwood Subdivision (Arch
Avenue and Johnstown Road Area)
Item #’s: D-2 & F-3
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer District 517 was approved
on October 25, 2005 with November 22, 2005 set as the date for Council to sit as
the Board of Equalization. All work has been completed and special assessments
have been calculated for the District.
Discussion
The contract for Sanitary Sewer District 517 was awarded to The Starostka Group of
Grand Island, Nebraska on June 28, 2005. Work on the project was completed on
schedule at a construction price of $19,237.52. Total cost of the project, including
engineering, is $21,463.14. Costs for the project break down as follows:
Original Bid $ 20,408.03
Underuns ($ 1,170.51)
Sub Total (Construction Price) $ 19,237.52
Engineering, Publication, TV Insp. Costs $ 2,225.62
Total Project Cost $ 21,463.14
The entire cost for this project will be assessed to the adjacent property owners. The
estimated total for District 517 at the time of creation was $38,216.00.
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 recommendation to allow the Board of
Equalization to determine benefits and pass an ordinance allowing the City to
recover all of the District costs and assess the benefiting owners.
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, sitting as a Board of Equalization,
determine benefits and pass an ordinance to levy Special Assessments to individual
properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for Sanitary Sewer District No. 517.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for Sanitary Sewer District No.
517.
DEADWOOD
SUB.
SUB.
FARRALL
SUB.
SHEAFFERSUB.INDUS
T
RI
A
L
FOUN
D
A
TI
O
N
PT.OF
SEC.
24-11-10
S.W.1/4
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-BE-14
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
517, 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
$21,463.14; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 517, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Vaughn L. & Vicki L. Hesselgesser Lot 2, Grand Island Industrial Foundation Subdivision 2,679.42
Platte Valley Communications, Inc. Lot 3, Grand Island Industrial Foundation Subdivision 2,679.42
Platte Valley Communications, Inc. Lot 4, Grand Island Industrial Foundation Subdivision 2,679.42
4503 L.L.C. Lot 5, Grand Island Industrial Foundation Subdivision 2,693.89
Eric J. & Leslie A. Rose Lot 1, Deadwood Subdivision 2,679.42
Eric J. & Leslie A. Rose Lot 2, Deadwood Subdivision 2,679.42
Preferred Pump & Equipment L.P. Lot 3, Deadwood Subdivision 2,679.42
Russell L. & Lisa A. Geist Lot 4, Deadwood Subdivision 2,692.73
TOTAL $21,463.14
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on November 22, 2005.
____________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Change of Zoning for Land Located So. of Hwy
34 and West of So. Locust St. Proposed for Platting as Kings
Crossing Subdivision from B2-GCO General Business to CD-GCO
Commercial Development
Tuesday, November 22, 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: November 22, 2005
Subject: Change of Zoning
Item #’s: E-1 & F-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This application proposes to change the zoning on a tract of land proposed for platting as
King’s Crossing Subdivision from B2-GCO General Business in a Gateway Corridor
Overlay zone to CD-GCO Commercial Development within a Gateway Corridor Overlay
zone.
Discussion
This property is being redeveloped and replatted within the Gateway Corridor Overlay
zone along South Locust. The Grand Island Zoning Ordinance requires that any
redevelopment and replatting of property in the Gateway Corridor Overlay be rezoned
into a Commercial Development Zone. The CD zone gives the City Council and the
citizens of Grand Island greater control over the type of development allowed on a
property.
This application includes a landscaping plan with pedestrian lighting identical to the
lights along the Wal-Mart property and along South Locust north of U.S. Highway 34.
The application also includes a building design concept with proposed building materials
and colors. The proposed materials and colors for this development would be similar but
not identical to the Wal-Mart development to the east.
This development was proposed with Kings Lane as a new north south street between
Lake Street and U.S. Highway 34. The Nebraska Department of Roads (NDOR) has
final approval for the development the intersection of Kings Lane and U.S. Highway 34,
including any requirement for a deceleration lane along U.S. Highway 34 for right turns
onto Kings Lane. NDOR has verbally approved the development of Kings Lane but it is
not know whether they will require the deceleration lane at this point.
Two people spoke at the public hearing before the planning commission regarding this
development. Both were neighbors. One was interested in selling her property, which
adjoins Kings Crossing to the developers and the other was excited to see some new
development near his property.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the rezoning as presented
2. Modify the rezoning to meet the wishes of the Council
3. Table the issue
4. Deny the request to rezone the property
Recommendation
A motion was made by Amick 2nd by Miller to approve the rezoning as presented
contingent upon approval of the Kings Lane intersection by NDOR.
A roll call vote was taken and the motion passed with 9 members present (Miller, Amick,
O’Neill, Monter, Haskins, Eriksen, Brown, Niemann, Reynolds) voting in favor.
Sample Motion
Approve the rezoning for King’s Crossing Subdivision as presented.
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
October 24, 2005
SUBJECT: Zoning Change (C-02-2006GI)
PROPOSAL: To rezone a parcel of ground south of US Highway 34 west of north of Lake Street
between South Locust Street and Tri Street from B2-GCO General Business with a Gateway
Corridor Overlay to CD-GCO Commercial Development Zone with a Gateway Corridor Overlay.
The CD Zone application also includes both the Preliminary and Final Plats for the King’s Crossing
Subdivision.
OVERVIEW:
Site Analysis
Current zoning designation: B2-GCO General Business with a Gateway Corridor Overlay
Permitted and conditional uses: B2-GCO General Business with a Gateway Corridor Overlay.
B2 Commercial and retail uses including those with outside
storage of merchandise, office uses and residential uses up to
a density of 43 units per acre. The Gateway Corridor Zone
requires this property to be rezoned to the CD Zone with
replatting the property. The GCO overlay also requires some
architectural controls.
Comprehensive Plan Designation: Commercial
Existing land uses. Former Knott’s Auction and Vacant Property
Adjacent Properties Analysis
Current zoning designations: North: B2-AC General Business with an Arterial Commercial
Overlay
East: CD-GCO Commercial Development Zone with a
Gateway Corridor Overlay
West R3-Medium Density Residential
and South: B2-AC General Business with an Arterial
Commercial Overlay
Permitted and conditional uses: R3- Residential uses at a density of 14 dwelling units per acre.
B2-AC Commercial and retail uses including those with
outside storage of merchandise, office uses and residential
uses up to a density of 43 units per acre. CD Commercial
uses and retail uses. Residential uses are not permitted in the
CD zone.
Comprehensive Plan Designation: North: General Commercial
East: General Commercial-Gateway Corridor
West: Medium Density Residential to Office
South: General Commercial
Existing land uses: North: Riverside Inn
East: Wal-Mart
West: Single Family Residential
South: Vacant Property, Commercial Development
EVALUATION:
Positive Implications:
· Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated
for commercial development.
· Accessible to Existing Municipal Infrastructure: Water and sewer services are available to
service the area. Sanitary sewer and water are along the east side of the property. Drainage
for this property has been accommodated within the drainage plan for this part of Grand Island.
· Development is consistent with Gateway Corridor Overlay: This development as proposed is
substantially consistent with the intent of the Gateway Corridor Overlay District.
· Adjacent street are arterial streets: Both U.S. Highway 34 and South Locust Street are arterial
streets. It is expected that these streets will carry significant traffic.
· Proposed Landscaping Plan: The proposed landscaping plan will extend the pedestrian lighting
and landscaping south of U.S. Highway 34 to Lake Street.
· Proposed Building Elevation: The proposed building elevation, materials, and color scheme are
complementary to the color scheme proposed for the Wal-Mart Development to the east. They
are not identical so will allow for some variation but they will not clash. · Monetary Benefit to Applicant: Would allow the applicant to develop and sell this property.
Negative Implications:
· None foreseen
Other
The proposed layout for this subdivision includes a new public street (King’s Lane) between U.S.
Highway 34 and Lake Street. This connection has not yet been approved by the Nebraska
Department of Roads. They will meet on November 7th to review this application. Approval of this
subdivision and rezoning should be contingent on approval of King’s Lane by NDOR.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council change
the zoning on this site from B2-GCO General Business with a Gateway Corridor Overlay to CD-
GCO Commercial Development Zone with a Gateway Corridor Overlay along with the
Preliminary and Final Plats for King’s Crossing Subdivision contingent on approval of King’s
Lane by the NDOR.
___________________ Chad Nabity AICP, Planning Director
Item E2
Public Hearing Concerning Acquisition of Utility Easement -
North of Fonner Park Road, between Pine & Sycamore Streets
(NE Goodwill Housing II, Inc.)
Tuesday, November 22, 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: November 22, 2005
Subject: Acquisition of Utility Easement – North of Fonner Park
Road, between Pine and Sycamore Streets – Nebraska
Goodwill Housing II, Inc.
Item #’s: E-2 & G-7
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Nebraska
Goodwill Housing II, Inc., located north of Fonner Park Road, between Pine and Sycamore
Streets, in the City Of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to place a three phase pad-mounted transformer and underground
cable to provide electric service to the new apartment building.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Motion to approve acquisition of the Utility Easement.
Item E3
Public Hearing for Public Comment on the CDBG Funds for
Housing Rehabilitation
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Marsha Kaslon
City of Grand Island City Council
Council Agenda Memo
From: Marsha Kaslon, Community Development
Council Meeting: November 22, 2005
Subject: Public Hearing for Public Comment on the CDBG
Funds Received from the Nebraska Department of
Economic Development
Item #’s: E-3
Presenter(s): Marsha Kaslon, Community Development
Background
In August 2003, the City was awarded a $270,400 Community Development Block Grant
from the Nebraska Department of Economic Development (DED) for rehabilitation of
residential owner-occupied homes. $250,000 was to be used for rehabilitation of 10 owner-
occupied homes based on a standard maximum amount of $25,000 per home; $10,000
($1,000 per house) for Lead-Based Paint assessment and/or remediation and General
Administration of $10,400. The period covered under the grant contract is August 15, 2003 to
February 15, 2006. (30 months).
Eleven (11) homes are under contract with $196,770 expended. $53,230 of the funds remain.
An extension was requested to and granted from DED due to the lack of ava ilable contractors
in the Grand Island area with Lead-Based Paint Work Safe Practices Certification which is
mandated by funding. February 15, 2006 is the deadline to have all projects completed. All
reporting requirements are up-to-date.
Discussion
The Community Development Division is required by the DED to hold a second public
hearing inviting public comment on the Community Development Block Grant funds the City
of Grand Island spent and the progress made during the process of the grant.
Recommendation
No action required.
Item F1
#9014A - Consideration of Assessments for Sanitary Sewer District
No. 512; Marylane, Kentish Hills and Bradley Subdivisions
This item relates to the aforementioned Board of Equalization Item D-1.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
g
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
ORDINANCE NO. 9014 A
An ordinance assessing and leyving a special tax to pay the cost of construction of
Sanitary Sewer District No. 512 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
WHEREAS, a Board of Equalization Hearing was held on November 8, 2005 to
determine assessments for property located within Sanitary Sewer District No. 512 of the City of
Grand Island, Nebraska; and
WHEREAS, after a discussion of the proposed assessments, the City Council of
the City of Grand Island requested that such matter be further reviewed, and that such issue be
rescheduled for discussion at the November 22, 2005 City Council Meeting.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9014 A (Cont.)
- 2 -
sanitary sewer main in said Sanitary Sewer District No. 512, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Charles E. & Mary A. Fox Lot 1, Marylane Subdivision 6,536.11
Charles E. & Mary A. Fox Lot 2, Marylane Subdivision 6,536.11
Jerry L. & Rose G. Florez Lot 3, Marylane Subdivision 6,536.11
Neal R. & Sondra L. Schroder Lot 4, Marylane Subdivision 6,536.11
Lyle E. & Judith Maye Tibbs Lot 5, Marylane Subdivision 6,536.11
Ronald L. & Delores K. Tenski Lot 6, Marylane Subdivision 6,536.11
Jeffrey W. & Cynthia R. Hayes Lot 7, Marylane Subdivision 6,536.11
Kenneth C. & Christine L. Durand Lot 8, Marylane Subdivision 6,536.11
Cresencio & Maria Carmen Gutierrez Lot 9, Marylane Subdivision 6,536.11
Keith A. & Joey L. Ruff Lot 10, Marylane Subdivision 6,536.11
David A. & Ellen I. Nelson Green Lot 11, Marylane Subdivision 6,536.11
Kenneth I. & Vera L. Henman Lot 12, Marylane Subdivision 6,536.11
Matthew J. & Lori A. Beiber Lot 13, Marylane Subdivision 6,536.11
Matthew J. & Lori A. Beiber Lot 14, Marylane Subdivision 6,536.11
Timothy D. & Susan E. Pfeifer Lot 15, Marylane Subdivision 6,536.11
Gregory J. & Penny L. Post Lot 16, Marylane Subdivision 6,536.11
Dale E. & Sharon M. Huffman Lot 17, Marylane Subdivision 6,536.11
Andrew M. & Joan E. Schwan Lot 18, Marylane Subdivision 6,536.11
Charles E. & Loretta A. Roehrich Lot 19, Marylane Subdivision 6,536.11
Terry Lee & Lori L. Jepson Lot 20, Marylane Subdivision 6,536.11
Elaine K. & Steven A. Markham Lot 21, Marylane Subdivision 6,536.11
Vincent E. & Cynthia A. Luhn Lot 22, Marylane Subdivision 6,536.11
Dennis W. & Cheryl K. Harder Lot 23, Marylane Subdivision 6,536.11
Jody D. & Robin R. Bennett Lot 24, Marylane Subdivision 6,536.11
Robert W. & Penelope M. Thomas Lot 1, Bradley Subdivision 6,536.11
Jeffrey N. & Angela M. Warren Lot 1, Kentish Hills Subdivision 6,536.11
Frank P. & Marsha Prucha Lot 2, Kentish Hills Subdivision 6,536.11
ORDINANCE NO. 9014 A (Cont.)
- 3 -
Ryan G. & Whitney C. Witt Lot 3, Kentish Hills Subdivision 6,536.11
Dale G. & Joan J. Clark Lot 4, Kentish Hills Subdivision 6,536.11
Steven D. & Theresa M. Stirn Lot 5, Kentish Hills Subdivision 6,536.11
Thomas P. & Ronda K. Kruger Lot 6, Kentish Hills Subdivision 6,536.11
Dennis W. & Keanna Leonard Lot 7, Kentish Hills Subdivision 6,536.11
Heath A. & Barbara L. Johnson Lot 8, Kentish Hills Subdivision 6,536.11
Thomas A. & Lisa M. Olsen Lot 9, Kentish Hills Subdivision 6,536.11
Elmer E. & Kathleen F. Feldotto Lot 10, Kentish Hills Subdivision 6,536.11
Randy L. & Laurie R. Peterson Lot 11, Kentish Hills Subdivision 6,536.11
Danny L. & Lareen M. Halverson Lot 12, Kentish Hills Subdivision 6,536.11
Monte L. & Michelle G. Shultz Lot 13, Kentish Hills Subdivision 6,536.11
ABC Engineered Trusses Inc. Lot 14, Kentish Hills Subdivision 6,536.11
Thomas M. & Jessica M. Whelan Lot 15, Kentish Hills Subdivision 6,536.11
Ryan T. & Rebecca S. Waind Lot 16, Kentish Hills Subdivision 6,536.11
Jeffry A. & Jamie A. Vinson Lot 17, Kentish Hills Subdivision 6,536.11
Gregg & Shirley A. Schultz Lot 18, Kentish Hills Subdivision 6,536.11
John M. & Dianne McMahon Lot 19, Kentish Hills Subdivision 6,536.11
Bradley R. & Shree A. Arends Lot 20, Kentish Hills Subdivision 6,536.11
Stephen C. & Teresa A. Skibinski Lot 21, Kentish Hills Subdivision 6,536.11
John J. & Debra J. Lantz Lot 22, Kentish Hills Subdivision 6,536.11
Guy L. Leverington & Patricia J. Beiber Lot 23, Kentish Hills Subdivision 6,536.11
William F. & Connie J. Parten Lot 24, Kentish Hills Subdivision 6,536.11
Timothy & Sheri Brown Lot 25, Kentish Hills Subdivision 6,536.11
Charles T. & Debra L. Costello Lot 26, Kentish Hills Subdivision 6,536.11
Ronnie R. & Darla M. Sitzman Lot 27, Kentish Hills Subdivision 6,536.11
Craig & Terry Sue Starke Lot 28, Kentish Hills Subdivision 6,536.11
Cindy J. Avila Lot 29, Kentish Hills Subdivision 6,536.11
Gladys V. Schoel Part of SE1/4, SW1/4 of Section 25-11-10; more
particularly described as: the west 200 feet of the north
1498.42 feet of the south 1538.42 feet of E1/2, SW1/4
of Section 25-11-10.
111,113.95
Lutheran High School Assoc. Part of SW1/4, SW1/4 of Section 25-11-10; more
particularly described as follows: East 200 feet of north
818.42 feet of south 858.42 feet of SW1/4, SW1/4 of
Section 25-11-10
0.00
TOTAL $464,064.14
ORDINANCE NO. 9014 A (Cont.)
- 4 -
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum sha ll be paid thereof, until the same is collected
and paid.
SECTION 3. The assessment for Gladys V. Schoel has been deferred in
accordance with City of Grand Island Resolution 2003-365 approved on December 9, 2003, and
shall not accrue interest until terminated in accordance with Neb. Rev. Stat. §19-2428 through
§19-2431.
SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 5. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 512.
SECTION 6. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
ORDINANCE NO. 9014 A (Cont.)
- 5 -
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: November 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9016 - Consideration of Creation of Street Improvement District
No. 1258; Faidley Avenue Extending West for Six Hundred Fifty
Feet (650 Feet)
Tuesday, November 22, 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: November 22, 2005
Subject: Consideration of Creation of Street
Improvement District No. 1258; Faidley
Avenue Extending West for Six Hundred Fifty
Feet (650 Feet)
Item #’s: F-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is needed to create a Street Improvement District. If the District is
created, a notice will be mailed to all affected property owners and a 20-day
protest period will begin. If the district passes the protest and the council
continues the district, plans will be prepared. The City will then bid, construct,
and levy special assessments for the work.
Discussion
The District will consist of Faidley Avenue extending west 650’. The proposed district is
to accompany the new subdivision that is being developed in the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the creation of Street Improvement District 1258.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the creation of Street
Improvement District 1258; Faidley Avenue extending west for 650’. A ten (10) year
assessment period is recommended.
Sample Motion
Approve the creation of Street Improvement District 1258.
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
ORDINANCE NO. 9016
An ordinance to create Street Improvement District No. 1258; to define the
boundaries of the district; to provide for the improvement of a street within the district by
paving, curbing, guttering, storm drainage, sidewalks, and other incidential work in connection
therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and
to provide the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Street Improvement District No. 1258 in the City of Grand Island,
Nebraska, is hereby created.
SECTION 2. The boundaries of the district shall be as follows:
Beginning at the center of Section 13-11-10; thence east on the south line of
Faidley Avenue for a distance of Fifty (50.0) feet; thence north on a line
perpendicular to the south line of Faidley Avenue for a distance of Eighty (80.0)
feet to the north line of Faidley Avenue; thence west on the north line of Faidley
Avenue for a distance of Fifty (50.0) feet to the west line of Crane Valley Sixth
Subdivision; thence north on the west line of Crane Valley Sixth Subdivision for a
distance of Three Hundred Eighty (380.0) feet; thence west on a line
perpendicular to the west line of Crane Valley Sixth Subdivision for a distance of
· This Space Reserved for Register of Deeds ·
ORDINANCE NO. 9016 (Cont.)
- 2 -
Four Hundred Eighty and Nine Tenths (480.9) feet; thence southwesterly on a line
for a distance of Three Hundred Ten and Eight Tenths (310.8) feet; thence
southeasterly on a line for a distance of Three Hundred (300.0) feet to the
northerly line of right-of-way for Moore's Creek Drainage Channel; thence
southwesterly on said right-of-way line for a distance of One Hundred Forty
Seven and Twenty One Hundredths (147.21) feet; thence southeasterly on a line
for a distance of Eighty One and Four Tenths (81.4) feet to the south right-of-way
line of Moore's Creek Drainway right-of-way; thence east on a line Sixty (60.0)
feet south of and parallel to the north line of the Southwest Quarter (SW1/4) of
Section 13-11-10 for a distance of One Hundred Fifty Seven and Seven Tenths
(157.7) feet; thence southeasterly on a line for a distance of Two Hundred Fifty
Seven (257.0) feet; thence east on a line Three Hundred (300.0) feet south of and
parallel to the north line of the Southwest Quarter (SW1/4) of Section 13-11-10
for a distance of Five Hundred Thirty Four and One Tenth (534.1) feet to the east
line of the Southwest Quarter (SW1/4) of Section 13-11-10; thence north on the
east line of the Southwest Quarter (SW1/4) of Section 13-11-10 for a distance of
Three Hundred (300.0) feet to the point of beginning, as shown on the plat dated
October 27, 2005, marked Exhibit 'A", attached hereto and incorporated herein by
reference.
SECTION 3. The following street in the district shall be improved by paving and
other incidental work in connection therewith:
Faidley Avenue in the City of Grand Island, Hall County, Nebraska.
Said improvements shall be made in accordance with plans and specifications
approved by the Engineer for the City of Grand Island.
SECTION 4. All improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
law.
SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds, Hall County, Nebraska.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, as provided by law.
ORDINANCE NO. 9016 (Cont.)
- 3 -
SECTION 7. After passage, approval and publication of this ordinance, without
the plat, notice of the creation of said district shall be published in the Grand Island Independent,
a legal newspaper published and of general circulation in said City, as provided by law.
Enacted: November 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9018 - Consideration of Assessments for Sanitary Sewer District
No. 517; Deadwood Subdivision (Arch Avenue and Johnstown Rd
Area)
This item relates to the aforementioned Board of Equalization Item D-2.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
g
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
ORDINANCE NO. 9018
An ordinance assessing and leyving a special tax to pay the cost of construction of
Sanitary Sewer District No. 517 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 517, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Vaughn L. & Vicki L. Hesselgesser Lot 2, Grand Island Industrial Foundation Subdivision 2,679.42
Platte Valley Communications, Inc. Lot 3, Grand Island Industrial Foundation Subdivision 2,679.42
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9018 (Cont.)
- 2 -
Platte Valley Communications, Inc. Lot 4, Grand Island Industrial Foundation Subdivision 2,679.42
4503 L.L.C. Lot 5, Grand Island Industrial Foundation Subdivision 2,693.89
Eric J. & Leslie A. Rose Lot 1, Deadwood Subdivision 2,679.42
Eric J. & Leslie A. Rose Lot 2, Deadwood Subdivision 2,679.42
Preferred Pump & Equipment L.P. Lot 3, Deadwood Subdivision 2,679.42
Russell L. & Lisa A. Geist Lot 4, Deadwood Subdivision 2,692.73
TOTAL $21,463.14
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 517.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
ORDINANCE NO. 9018 (Cont.)
- 3 -
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9019 - Consideration of Change of Zoning for Land Located So.
of Hwy 34 and West of So. Locust St. Proposed for Platting as
Kings Crossing Subdivision from B2-GCO General Business to
CD-GCO Commercial Development
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
ORDINANCE NO. 9019
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land consisting of Lots 6,
7 and 10 of Palu Subdivision and unplatted tracts of land as recorded in Instrument No.
200412508, Instrument No. 200412510 and Instrument No. 200500184 at the Hall County
Register of Deeds, all located in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4)
of Section 33, Township 11 North, Range 9 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska, from B2-General Business Zone within the GCO-Gateway Corridor Overlay
to CD-Commercial Development Zone within the GCO-Gateway Corridor Overlay; directing the
such zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the provisions of Section 36-44; and providing for publication and an effective
date of this ordinance.
WHEREAS, the Regional Planning Commission on November 2, 2005, he ld a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on November 22, 2005, the City Council found
and determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned and reclassified and
changed from B2-General Business Zone within the GCO-Gateway Corridor Overlay to CD-
Commercial Development Zone within the GCO-Gateway Corridor Overlay:
ORDINANCE NO. 9019 (Cont.)
- 2 -
Commencing at the northeast corner of said NE1/4; thence on an assumed bearing
of S89°28'08"W along the north line of said NE1/4 a distance of 721.20 feet;
thence S01°17'57"E a distance of 46.53 feet to the point of intersection of the east
right-of-way (R.O.W.) line of Tri Street and the south R.O.W. line of U.S.
Highway 34, said point also being the Point of Beginning; thence N89°44'53"E
along said south R.O.W. line a distance of 614.30 feet to the point of intersection
of said south R.O.W. line and the west R.O.W. line of Locust Street; thence
S37°03'26"E along said west R.O.W. line a distance of 74.44 feet; thence
S05°51'03"E a distance of 113.01 feet; thence S02°13'38"E a distance of 237.70
feet; thence S02°13'38"E a distance of 111.27 feet; thence S45°03'16"W a
distance of 33.95 feet to the point of intersection of said west R.O.W. line and the
north R.O.W. line of Lake Street; thence N89°59'19"W along said north R.O.W.
line a distance of 409.80 feet; thence N36°21'09"W a distance of 162.56 feet;
thence N00°30'19"W a distance of 19.97 feet to the southeast corner of Lot 11 of
said Palu Subdivision; thence N01°21'58"W along the east line of said Lot 11 a
distance of 103.40 feet to the northeast corner of said Lot 11, said point also being
the southeast corner of Lot 10 of said Palu Subdivision; thence S89°22'40"W
along the south line of said Lot 10 a distance of 144.60 feet to the southwest
corner of said Lot 10, said point also being on the east R.O.W. line of Tri Street;
thence N01°21'03"W along said east R.O.W. line a distance of 289.12 feet to the
point of beginning. Said tract contains 317,873 square feet or 7.30 acres more or
less of which 0.79 acres is new dedicated public road right of way.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
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: November 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of November 8, 2005 City Council Regular
Meeting
The Minutes of November 8, 2005 City Council Regular Meeting are submitted for approval.
See attached MINUTES.
Tuesday, November 22, 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
November 8, 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 November 8, 2005. Notice of the meeting was given in the Grand Island Independent
on November 2, 2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Counc ilmember’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, Doug Walker, City Attorney, and Assistant Public
Works Director Bud Buettner.
INVOCATION was given by Pastor Jay Vetter, Trinity United Methodist Church, 511 North
Elm Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek welcomed Cynthia Osorio and Crystal Rivera
with the Big Brothers Big Sisters Program and International Visitor Zhaobin Zhu from China and
his interpreter Peter Pay.
PRESENTATIONS AND PROCLAMATIONS:
Presentation by the Fire Department on Preliminary Plan for Fire Station Facility. Fire Chief Jim
Rowell introduced committee members working on the new fire station. Curt Rohlin, Fire
Division Chief introduced James Brisnehan from Cannon Moss Brygger & Associates and Ken
Newell from Stewart Cooper Newell Architect who presented a progress report on the Fire
Station project to be located at 411 Fonner Park Road. Mentioned was a life expectancy of 50-75
years at a cost of under $2 million. Bids will be let in January 2006 with construction estimated
to take from 9-10 months.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to the Board of Equalization.
#2005-BE-13 – Consideration of Determining Benefits for Sanitary Sewer District No. 512;
Mary Lane, Kentish Hills and Bradley Subdivisions. Bud Buettner, Assistant Public Works
Director reported that a contract for Sanitary Sewer District No. 512 was awarded to General
Excavating of Lincoln, Nebraska on September 14, 2004 and work was completed with a
Certificate of Final Completion approved on October 11, 2005 for a total construction cost of
$512,530.13. This action would determine the benefits for Sanitary Sewer District No. 512
Page 2, City Council Regular Meeting, November 8, 2005
Matt and Lori Beiber, 3809 Marylane protested their assessment stating they had two lots with
one being a detention cell valued at $1,100 and was a non-buildable lot assessed at $6,500. It was
stated this lot was not big enough to build on. Bud Buettner, Assistant Public Works Director
stated this lot had potential to be a buildable lot. Chad Nabity, Regional Planning Director
commented that it was the intention of the city that the detention cell would eventually go away.
Motion by Pielstick, second by Pauly to approve Resolution #2005-BE-13 was withdrawn after a
lengthy discussion.
Motion by Pielstick, second by Hornady to refer Resolution #2005-BE-13 to the November 22,
2005 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. Councilmember
Gilbert abstained.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Jeff D. Leo dba Bud’s Roadhouse, 2710 Diers Avenue for a Class
“C” Liquor License. RaNae Edwards, City Clerk reported that Jeff D. Leo dba Bud’s Roadhouse,
2710 Diers Avenue had submitted an application with the City Clerk’s Office for a Class “C”
Liquor License which allows for the sale of alcoholic beverages on and off sale within the
corporate limits of the city. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on October 17,
2005; notice to the applicant of date, time, and place of hearing mailed on October 17, 2005;
notice to the general public of date, time, and place of hearing published on October 29, 2005;
memo from the Police Department; and Chapter 4 of the City Code. It was staff’s
recommendation to deny the request for the following reasons:
1. The applicant provided false information on the application, leaving out several important
convictions.
2. The applicant pleaded guilty and was found guilty of a Class 1 Misdemeanor.
3. Convictions for driving under suspensions, disorderly conduct, carrying a concealed
weapon, and violation of exploitation of human nudity do not indicate that the applicant
is of good character and reputation.
4. The applicant’s record indicates a pattern of behavior of disregard of the law.
Jeff Leo, 2720 State Street spoke in support and submitted a copy of a letter he had sent to the
Liquor Control Commission regarding the false information on the application. No further public
testimony was heard.
Public Hearing on Acquisition of a Public Utility Easement Located at 4250 Old Potash
Highway. (Lee J. and Sherry A. Newport) Bud Buettner, Assistant Public Works Director
reported that acquisition of a public utility easement located at 4250 Old Potash Highway was
required in order to construct public Sanitary Sewer in this area. No public testimony was heard.
Page 3, City Council Regular Meeting, November 8, 2005
Public Hearing on Acquisition of a Public Utility Easement Located at 108 Arapahoe Avenue.
(Gaylen & Kim Sprague ) Bud Buettner, Assistant Public Works Director reported that
acquisition of a public utility easement located at 108 Arapahoe Avenue was required in order to
construct public Sanitary Sewer in this area. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 2836 and 2838 Cross
Pointe Drive; Lot 11 North Pointe Subdivision (The Meadows Apartment Homes LLC). Bud
Buettner, Assistant Public Works Director reported that acquisitio n of a public utility easement
located at 2836 and 2838 Cross Pointe Drive was required in order to extend private sanitary
sewer service to an adjacent property. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement along the East Side of Webb Road just South
of White Cloud Road. (Wenzl, Inc.) Gary Mader, Utilities Director reported that acquisition of a
Utility easement along the east side of Webb Road just south of White Cloud Road was needed
in order to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers. The purpose of this easement would be used to construct a new overhead
three-phase distribution line to provide electrical service to a new pump at White Cloud Road
and Webb Road. No public testimony was heard.
ORDINANCES:
Chad Nabity, Regional Planning Director stated that on November 3, 2005 the developers of this
property requested that Council table Ordinance #9012 until such time that Council would
consider the rezoning and final platting of this property.
#9012 – Consideration of Annexation of Property Located South Case New Holland and
West of US Highway 281 (Final Reading)
Motion by Hornady, second by Nickerson to postpone Ordinance #9012 for not more that six
months. Upon roll call, all voted aye. Motion adopted.
#9013 – Consideration of Annexation of Property Located South of Sandra Road and
East of South Locust Street (Final Reading)
Motion by Pielstick, second by Hornady to approve Ordinance #9013 on final reading only.
Upon roll call, all voted aye. Motion adopted.
#9014A – Consideration of Assessments for Sanitary Sewer District No. 512 - Mary
Lane, Kentish Hills and Bradley Subdivisions. (Referred to the November 22, 2005 City
Council Meeting.)
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9015 – Consideration of Creation of Water Main District No. 452 – Knott Avenue and
Lake Street
Page 4, City Council Regular Meeting, November 8, 2005
#9017 – Consideration of Salary Ordinance Relative to Emergency Management
Positions
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 Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinances #9015 and #9017 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 #9015 and #9017 on final passage. All those in favor of the passage of
these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9015 and #9017 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 25, 2005 City Council Regular Meeting.
Approving Appointment of Dean Peg to Business Improvement District #5 Board.
Approving Re-Appointment of Roger Bullington and Appointment of John Hoggatt to the Grand
Island Facilities Corporation.
Approving Request of Jack Henry, 4840 Baker Avenue for Liquor Manager Designation for
Indian Head Golf Course, 4100 W. Husker Highway.
#2005-315 – Approving Acquisition of Public Utility Easement Located at 4250 Old Potash
Highway (Lee J. and Sherry A. Newport).
#2005-316 – Approving Acquisition of Public Utility Easement Located at 108 Arapahoe
Avenue (Gaylen & Kim Sprague).
#2005-317 – Approving Acquisition of Public Utility Easement Located at 2836 and 2838 Cross
Pointe Drive; Lot 11 North Pointe Subdivision (The Meadows Apartment Homes LLC).
#2005-318 – Approving Bid Award for 47,000 GVW Dump Truck; Street and Transportation
Division with Wick’s Sterling Trucks of Omaha, Nebraska in an Amount of $67,815.00.
Page 5, City Council Regular Meeting, November 8, 2005
#2005-319 – Approving Installation of a Stop Sign on 17th Street at the Intersection with Walnut
Street and State Street.
#2005-320 – Approving Acquisition of Utility Easement Located along the East Side of Webb
Road just South of White Cloud Road (Wenzl, Inc.).
#2005-321 – Approving Western Area Power Administration (WAPA) Revisions to Contract.
#2005-322 – Approving Certificate of Final Completion for Modular Home Design/Build at
Heartland Public Shooting Park with Lockhart Homes of Grand Island, Nebraska.
#2005-323 – Approving Renewal of Lease Agreement with Scott and Lisa Norton dba Health
Plex Fitness Center.
REQUESTS AND REFERRALS:
Consideration of Request from Jeff D. Leo dba Bud’s Roadhouse, 2710 Diers Avenue for a Class
“C” Liquor License. Motion by Meyer, second by Pielstick to deny the request of Jeff D. Leo
dba Bud’s Roadhouse, 2710 Diers Avenue for a Class “C” Liquor License for the following
reasons:
1. The applicant provided false information on the application, leaving out several important
convictions.
2. The applicant pleaded guilty and was found guilty of a Class 1 Misdemeanor.
3. Convictions for driving under suspensions, disorderly conduct, carrying a concealed
weapon, and violation of exploitation of human nudity do not indicate that the applicant
is of good character and reputation.
4. The applicant’s record indicates a pattern of behavior of disregard of the law.
Upon roll call vote, all voted aye. Motion adopted.
Consideration of Annexation for Property Located East of Engleman Road and South of Old
Potash Highway and Refer to the Regional Planning Commission. Chad Nabity, Regional
Planning Director reported that a request had been received to consider annexation of property
located south of Old Potash Highway on the east side of Engleman Road. The owners were
anticipating on developing this property which is contiguous with the Grand Island Municipal
limits. The first step of annexation was to refer this request to the Regional Planning
Commission for recommendation.
Motion by Hornady, second by Whitesides to refer this request to the Regional Planning
Commission. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of October 26, 2005
through November 8, 2005, for a total amount of $2,368,687.32. Motion adopted unanimously.
Page 6, City Council Regular Meeting, November 8, 2005
Councilmember Haase abstained from claim #112407, Councilmember Pauly abstained from
claim #112132, and Councilmember Pielstick abstained from claim #112449.
Mayor Vavricek recognized two members of the Community Youth Council and thanked them
for coming to the meeting.
ADJOURNMENT: The meeting was adjourned at 8:25 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Preliminary Plat for Kings Crossing Subdivision
Tuesday, November 22, 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: November 22, 2005
Subject: Kings Crossing Subdivision - Preliminary Plat
Item #’s: G-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 5 lots on a parcel of land located in the NE ¼ NE ¼
33-11-09. This land consists of approximately 7.30 acres.
Discussion
In a Commercial Development Zone the preliminary plat is approved with the rezoning.
The Nebraska Department of Roads (NDOR) has verbally approved the Kings Lane
intersection with U.S. Highway 34. If the rezoning is approved this plat must also be
approved. Any discussion on the plat should be included with discussion of the rezoning.
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 Amick 2nd by Miller to approve the preliminary plat as presented
contingent upon approval of the Kings Lane intersection by NDOR.
A roll call vote was taken and the motion passed with 9 members present (Miller, Amick,
O’Neill, Monter, Haskins, Eriksen, Brown, Niemann, Reynolds) voting in favor.
Sample Motion
Approve the Preliminary Plat for King’s Crossing Subdivision as presented.
Item G3
#2005-324 - Approving Final Plat and Subdivision Agreement for
Kings Crossing Subdivision
Tuesday, November 22, 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: November 22, 2005
Subject: Kings Crossing Subdivision - Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 5 lots on a parcel of land located in the NE ¼ NE ¼
33-11-09. This land consists of approximately 7.30 acres.
Discussion
In a Commercial Development Zone the final plat is approved with the rezoning. The
Nebraska Department of Roads (NDOR) has verbally approved the Kings Lane
intersection with U.S. Highway 34. If the rezoning is approved this plat must also be
approved. Any discussion on the plat should be included with discussion of the rezoning.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Amick 2nd by Miller to approve the final plat as presented
contingent upon approval of King’s Lane by NDOR.
A roll call vote was taken and the motion passed with 9 members present (Miller, Amick,
O’Neill, Monter, Haskins, Eriksen, Brown, Niemann, Reynolds) voting in favor.
Sample Motion
Approve the Final Plat for King’s Crossing Subdivision as presented.
SUBDIVISION AGREEMENT
KING'S CROSSING SUBDIVISION
(Lots 1, 2, 3, 4, and 5)
In the City of Grand Island, Nebraska
The undersigned, R2S2 L.L.C., a limited liability company, hereinafter called the
Subdivider, as owner of a tract of land consisting of Lots 6, 7 and 10 of Palu Subdivision and unplatted
tracts of land as recorded in Instrument No. 200412508, Instrument No. 200412510 and Instrument No.
200500184 at the Hall County Register of Deeds, all located in the Northwest Quarter of the Northeast
Quarter (NE1/4, NE1/4) of Section 33, Township 11 North, Range 9 West of the 6th P.M., in the City of
Grand Island, Hall County, Nebraska, more particularly described as follows:
Commencing at the northeast corner of said NE1/4; thence on an assumed
bearing of S89°28'08"W along the north line of said NE1/4 a distance of
721.20 feet; thence S01°17'57"E a distance of 46.53 feet to the point of
intersection of the east right-of-way (R.O.W.) line of Tri Street and the
south R.O.W. line of U.S. Highway 34, said point also being the Point of
Beginning; thence N89°44'53"E along said south R.O.W. line a distance of
614.30 feet to the point of intersection of said south R.O.W. line and the
west R.O.W. line of Locust Street; thence S37°03'26"E along said west
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R.O.W. line a distance of 74.44 feet; thence S05°51'03"E a distance of
113.01 feet; thence S02°13'38"E a distance of 237.70 feet; thence
S02°13'38"E a distance of 111.27 feet; thence S45°03'16"W a distance
of 33.95 feet to the point of intersection of said west R.O.W. line and the
north R.O.W. line of Lake Street; thence N89°59'19"W along said north
R.O.W. line a distance of 409.80 feet; thence N36°21'09"W a distance of
162.56 feet; thence N00°30'19"W a distance of 19.97 feet to the
southeast corner of Lot 11 of said Palu Subdivision; thence N01°21'58"W
along the east line of said Lot 11 a distance of 103.40 feet to the northeast
corner of said Lot 11, said point also being the southeast corner of Lot 10
of said Palu Subdivision; thence S89°22'40"W along the south line of said
Lot 10 a distance of 144.60 feet to the southwest corner of said Lot 10,
said point also being on the east R.O.W. line of Tri Street; thence
N01°21'03"W along said east R.O.W. line a distance of 289.12 feet to
the point of beginning. Said tract contains 317,873 square feet or 7.30
acres more or less of which 0.79 acres is new dedicated public road right
of way;
desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of
the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as
provided by law an accurate map and plat of such proposed subdivision, to be known as KING'S
CROSSING SUBDIVISION, designating explicitly the land to be laid out and particularly describing the
lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by
dimensions, and streets by name, and proposes to cause the plat of such subdivision when approved by the
Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to
accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use
and benefit of public utilities, and of the street to the use of the public forever. In consideration of the
acceptance of the plat of said KING'S CROSSING SUBDIVISION, the Subdivider hereby consents and
agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following
improvements:
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1. Commercial Development Zone. This subdivision is within a designated
Commercial Development Zone and shall be regulated in accordance with Chapter 36 of the Grand Island
City Code. A Development Plan as shown on Exhibit A, attached hereto and incorporated herein by
reference is hereby approved for such subdivision. A Landscaping Plan as shown on Exhibit B, attached
hereto and incorporated herein by reference is hereby approved for such subdivision. Said Landscaping
Plan shows the approximate location and minimum number of trees, shrubs, and pedestrian lights required
along the exterior frontages. A Building Elevation Plan as shown on Exhibit C, attached hereto and
incorporated herein by reference is hereby approved for such subdivision. Said Building Elevation Plan
identifies the general building materials and color selections for buildings in this subdivision, including
alternates. Any amendments to said plans shall be approved by the City of Grand Island in accordance with
the Grand Island City Code. The current official Development Plan shall be on file with the City's Building
Department.
2. Design and Construction. No building shall be constructed within the subdivision
except within the Building Envelope Areas as identified on the Development Plan (Exhibit A). The buildings
to be constructed shall be designed so that the exterior of such building shall be architecturally and
aesthetically compatible in material and color. The design and construction shall be in conformity with sound
architectural and engineering standards. No portion of any building constructed (including architectural
features) shall exceed a height of fifty-five (55.0) feet above the center of the intersection of U.S. Highway
34 and South Locust Street.
3. Paving. The Subdivider agrees to pave King's Lane and that portion of Lake
Street east of Knott Avenue and west of South Locust Street within the subdivision in accordance with
- 4 -
plans and specifications approved by the City's Director of Public Works, and subject to the City's
inspection. If the Subdivider fails to pave King's Lane or Lake Street, the City may create a paving district
to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving
district for King's Lane or Lake Street if it fails to pave these streets as required herein. The Subdivider
agrees to waive the right to protest the creation of any paving or repaving district for U.S. Highway 34, Tri
Street, or South Locust Street where they abut the subdivision.
4. Driveway Access. Vehicular access shall not be allowed directly onto U.S.
Highway 34 from Lot One (1) or Lot Three (3). Vehicular access shall not be allowed directly onto South
Locust Street from Lot Three (3), Lot Four (4) or Lot Five (5).
5. Water. The Subdivider shall design, construct and install an eight (8.0) inch
diameter public water main in accordance with plans and specifications approved by the Director of Public
Works, and subject to the City's inspection. In addition, the Subdivider shall extend, connect and provide
water service to all lots in the subdivision in accordance with plans and specifications approved by the
Director of Public Works, and subject to the City's inspection.
6. Sanitary Sewer. The Subdivider shall design, construct and install a ten (10) inch
diameter public sanitary sewer in accordance with plans and specifications approved by the Director of
Public Works, and subject to the City's inspection. In addition, the Subdivider shall extend, connect and
provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications
approved by the Director of Public Works, and subject to the City's inspection. At the time of the execution
of this agreement, the Subdivider shall pay to the City of Grand Island a sewer connection fee in the amount
of $27,277.
- 5 -
7. Electrical Service. The Subdivider shall design, construct and install a conduit for
a public electrical line in accordance with plans and specifications approved by the Director of Utilities, and
subject to the City's inspection.
8. Pedestrian Lighting. The Subdivider agrees to purchase eight (8) pedestrian lights
identical to those north and east of the development along the South Locust corridor. The Subdivider shall
be responsible for the installation of seven (7) pedestrian lights along South Locust Street as shown on
Exhibit B attached hereto. The remaining light shall be provided to the Grand Island Utilities Department to
be used as a replacement.
9. Sidewalks. The Subdivider shall install all public sidewalks adjacent to U.S.
Highway 34 and South Locust Street with the completion of the installation of King's Lane. The Subdivider
shall install public sidewalk along the concrete paved portions of Lake Street and Kings Lane when the
adjoining lots are built upon, and such sidewalk shall be regulated and required with the building permit for
each such lot.
Immediate sidewalk construction adjacent to the gravel surfaced portions of Lake Street
and Tri Street shall be waived. However, the sidewalks shall be constructed when the property owner is
directed to do so by the City Council. In the event a Street Improvement District is created to pave the
gravel surfaced portions of Lake Street or Tri Street abutting the subdivision, the Subdivider agrees to install
public sidewalks within one year of the completion of such street improvement district in accordance with
the City of Grand Island Sidewalk Policy.
10. Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in
conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-
- 6 -
way or to other drainage systems approved by the Director of Public Works. The Drainage Plan must be
approved by the Director of Public works.
11. Signage. Signage shall be permitted on the buildings as well as within the sign
envelopes as designated on the Development Plan (Exhibit A) and adjacent to the identified public way. All
signs shall be installed in accordance with the Grand Island City Code. Wall mounted signs are permissible
as well as the signs identified in the chart attached hereto as Exhibit D and incorporated herein by this
reference. Sizes indicated on Exhibit D are for the entire sign structure. All ground mounted signs (either
pole or monument) shall be built within the designated sign envelope and shall conform to sign setbacks.
Entrance and exit signs shall not exceed three (3.0) square feet in size and shall be permitted on the property
within the sign envelope. All sign bases shall be built with materials similar to the buildings. Illuminated signs
shall be illuminated internally.
12. Engineering Data. All final engineering plans and specifications for public
improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska
and shall be furnished by the Subdivider to the Department of Public Works for approval prior to
contracting for construction of any improvements. Inspections of improvements under construction shall be
performed under the supervision of a professional engineer registered in the State of Nebraska, and upon
completion shall be subject to inspection and approval by the Department of Public Works prior to
acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test
results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be
filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the
City.
- 7 -
13. Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in
fee simple of the land described and proposed to be known as KING'S CROSSING SUBDIVISION, and
that an abstract of title will be submitted for examination, if necessary, upon request of the City of Grand
Island.
14. Successors and Assigns . This agreement shall run with the land and shall be
binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and
legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the
subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not
performed such conditions.
Dated _____________________, 2005.
R2S2 L.L.C., a Limited Liability Company,
Subdivider
By: ____________________________________
________________________________(Name)
_________________________________(Title)
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2005, before me, the undersigned, a Notary Public in and for said County
and State, personally appeared _________________________, _______________________of R2S2 L.L.C., a limited
liability company, known personally to me to be the identical person who signed the foregoing Subdivision Agreement
and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of
the company.
WITNESS my hand and notarial seal the date above written.
_________________________________________
Notary Public
- 8 -
- 9 -
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By: ____________________________________
Jay Vavricek, Mayor
Attest: _____________________________________
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
Before me, a notary public, qualified in said County personally came Jay Vavricek, Mayor of the City of Grand
Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the
foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed
pursuant to Resolution 2005-___, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal on _________________________, 2005.
___________________________________________
Notary Public
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-324
WHEREAS, R2S2 L.L.C., a limited liability company, as owner, has caused to be laid out
into lots, a tract of land consisting of Lots 6, 7 and 10 of Palu Subdivision and unplatted tracts of land as
recorded in Instrument No. 200412508, Instrument No. 200412510 and Instrument No. 200500184 at
the Hall County Register of Deeds, all located in the Northeast Quarter of the Northeast Quarter (NE1/4,
NE1/4) of Section 33, Township 11 North, Range 9 West of the 6th P.M., City of Grand Island, Hall
County, Nebraska, under the name of KING'S CROSSING 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 KING'S CROSSING
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, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
EXHIBIT D
Permitted Signage
King's Crossing Subdivision
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5
South Locust
Street
NA NA One (1)
monument style
sign not to
exceed eight
(8.0) feet in
height or width
for the entire
sign structure.
Maximum size
sixty four (64)
square feet.
One (1)
monument style
sign not to
exceed eight
(8.0) feet in
height or width
for the entire
sign structure.
Maximum size
sixty four (64)
square feet.
One (1)
monument style
sign not to
exceed eight
(8.0) feet in
height or width
for the entire
sign structure.
Maximum size
sixty four (64)
square feet.
King's Lane One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
U.S. Highway
34
One (1)
monument style
sign not to
exceed eight
(8.0) feet in
height or width
for the entire
sign structure.
Maximum size
sixty four (64)
square feet.
NA One (1)
monument style
sign not to
exceed eight
(8.0) feet in
height or width
for the entire
sign structure.
Maximum size
sixty four (64)
square feet.
NA NA
Lake Street NA One (1) pole
sign not to
exceed thirty
(30.0) feet in
height with a
sign face limited
to one hundred
(100.0) square
feet
NA NA One (1)
monument style
sign not to
exceed six (6.0)
feet in height or
width for the
entire sign
structure.
Maximum size
thirty six (36)
square feet.
* All signs must conform to the Grand Island City Code *
Item G4
#2005-325 - Approving Services Contract for Section 125 Cafeteria
Plan
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Council Agenda Memo
From: Brenda Sutherland, Human Resources Director
Meeting: November 22, 2005
Subject: Section 125 Cafeteria Plan Contract
Item #’s: G-4
Presenter(s): Brenda Sutherland, Human Resources Director
Background
The City has provided a section 125 cafeteria plan for its employees for the past seven
years. The service provider for the plan has been McDermott & Miller. Administration
finds it to be a responsible practice to shop its benefit vendors at regular intervals to
insure that we are getting the best product or service at the best possible price. The City
went out for an RFP during the month of October, 2005 asking for proposals from
vendors for the City’s cafeteria plan.
Discussion
The city interviewed three vendors as finalists and made the decision to choose
ProcessWorks, Inc. out of Brookfield, Wisconsin as the vendor to provide service. The
account will have a service representative in Omaha, Ne. The three finalists all provided
an excellent benefit with a cost savings to the City. ProcessWorks showed the ability to
deliver the most sophisticated level of service to our employees with the shortest
turnaround time resulting in employees receiving reimbursements on a more timely basis.
The City is able to increase the level of service and benefit with no increase in cost.
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 contract with
ProcessWorks, Inc. to become the service provider for the City’s cafeteria plan.
Sample Motion
Motion to approve ProcessWorks as the service provider for the City’s cafeteria plan.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
SECTION 125 CAFETERIA PLAN
RFP DUE DATE: October 28, 2005 at 4:00 p.m.
DEPARTMENT: Human Resources
PUBLICATION DATE: October 5, 2005
NO. POTENTIAL BIDDERS: 15
SUMMARY OF PROPOSALS RECEIVED
Shonsey, Almquist, Maltzahn, Regional Care Inc. McDermott & Miller
Galloway, Placke & Luth, P.C. Scottsbluff, NE Grand Island, NE
Grand Island, NE
ProcessWorks, Inc. PayFlex Application Software, Inc.
Brookfield, WI Omaha, NE Columbia, MO
North Central Marketing, Inc. Aetna
Grand Island, NE Richmond, KY
cc: Brenda Sutherland, Human Resources Director Gary Greer, City Administrator
David Springer, Finance Director Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1030
Approved as to Form ¤ ___________
November 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-325
WHEREAS, the City of Grand Island invited proposals for TPA Services to Assist in
Administration of a Section 125 Cafeteria Plan in accordance with a Request for Proposal on file with the
Human Resources Department; and
WHEREAS, proposals were due on October 28, 2005; and
WHEREAS, proposals were received, reviewed and evaluated in accordance with
established criteria; and
WHEREAS, ProcessWorks, Inc. of Brookfield, Wisconsin, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal being in the amount of $4.00 per participant per month with an
initial setup fee of $500 and an annual service fee of $400 for the term of the four-year contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of ProcessWorks, Inc. of Brookfield,
Wisconsin, is hereby approved for TPA services to assist in the administration of a Section 125 Cafeteria
Plan in the amount of $4.00 per participant per month with an initial setup fee of $500 and an annual service
fee of $400 for the term of the four-year contract.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute an agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2005-326 - Approving Funding of Economic Development
Corporation Request for Standard Iron (NWPS Rate Agreement
Funds)
Tuesday, November 22, 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: November 22, 2005
Subject: Approving Funding of Economic Development
Corporation Request for Standard Iron and Platte Valley
Industrial Park (NWPS Rate Agreement Funds)
Item #’s: G-5 & G-6
Presenter(s): David Springer, Finance Director
Background
On September 26, 2000, the City Council approved Resolution #2000-291 establishing an
Economic Development Policy for the annual contribution from Northwestern Public
Service (NWPS). Two requests ha ve been received for funding and recommended for
approval by the NWPS Funds Review Committee.
Discussion
The Grand Island Area Economic Development Corporation (GIAEDC) requests $25,000
to help offset the cost of gas equipment to be installed on a new paintline at Standard
Iron. The GIAEDC also requests $25,000 to be used towards principal payment for the
127 acres of land that was purchased in January, 2000, to expand the Platte Valley
Industrial Park. These funds represent direct cash contributions previously made by
NWPS to the City of Grand Island and the usage of these funds for this purpose falls
within the guidelines of the economic development policy set forth in the rate agreement.
There are adequate funds in Account #10011102-85454.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for funds
2. Disapprove or /Deny the request for funds
3. Table the issue
Recommendation
City Administration recommends that the Council approve the request for funds.
Sample Motion
Approve the request for funds to allow payment to Standard Iron and to the Grand Island
Area Economic Development Corporation.
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-326
WHEREAS, Northwestern Public Service (NWPS) makes an annual contribution for
economic development purposes to the City of Grand Island in the amount of $86,000; and
WHEREAS, on September 26, 2000, the Mayor and City Council approved Resolution
2000-291 establishing an economic development policy for receiving, considering and making
recommendations regarding requests for disbursement of said funds; and
WHEREAS, the office of the City Administrator received a recommendation for funding
from the local economic development committee for $25,000 payable to the Grand Island Area Economic
Development Corporation on behalf of Standard Iron to assist with the installation cost of a paintline
operation in the facilities which is a heavy user of natural gas; and
WHEREAS, said request is consistent with the intent of NWPS in making its annual
economic development contribution, and the policy established by the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the request for disbursement in the amount of
$25,000 to be made to the Grand Island Area Economic Development Corporation on behalf of Standard
Iron to fund a portion of the installation costs of a paintline operation in its facility is hereby approved
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 22, 2005.
_____________________________________
RaNae Edwards, City Clerk
Item G6
#2005-327 - Approving Funding Request for Grand Island Area
Economic Development Corporation (NWPS Rate Agreement
Funds)
This item relates to Consent Agenda Item G-5.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Dave Springer
City of Grand Island City Council
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-327
WHEREAS, Northwestern Public Service (NWPS) makes an annual contribution for
economic development purposes to the City of Grand Island in the amount of $86,000; and
WHEREAS, on September 26, 2000, the Mayor and City Council approved Resolution
2000-291 establishing an economic development policy for receiving, considering and making
recommendations regarding requests for disbursement of said funds; and
WHEREAS, the office of the City Administrator received a recommendation for funding
from the local economic development committee for $25,000 payable to the Grand Island Area Economic
Development Corporation to assist with the principal payment involved in their loan from the purchase of
land at the Platte Valley Industrial Park; and
WHEREAS, said request is consistent with the intent of NWPS in making its annual
economic development contribution, and the policy established by the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the request for disbursement in the amount of
$25,000 to fund the principal loan payment from the purchase of land at the Platte Valley Industrial Park is
hereby approved, and a payment is authorized to be made to the Grand Island Area Economic
Development Corporation for such purpose.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 22, 2005.
_____________________________________
RaNae Edwards, City Clerk
Item G7
#2005-328 - Approving Acquisition of Utility Easement Located
North of Fonner Park Road between Pine & Sycamore Streets (NE
Goodwill Housing II, Inc.)
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-328
WHEREAS, a public utility easement is required by the City of Grand Island, from
Nebraska Goodwill Housing II, Inc., to install, upgrade, maintain, and repair public utilities and
appurtenances; and
WHEREAS, a public hearing was held on November 22, 2005, for the purpose of
discussing the proposed acquisition of an easement and right-of-way through a part of Lot Three (3), Dowd
Subdivision in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more
particularly described as follows:
The westerly eight (8.0) feet of the easterly one hundred twenty nine (129.0) feet of Lot
Three (3) Dowd Subdivision.
The above-described easement and right-of-way containing 0.027 acres, more or less, as
shown on the plat dated November 3, 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 Nebraska Goodwill Housing II, Inc., on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2005-329 - Approving the Continuing Disclosure Agreement and
the Certificate of Participant for Nebraska City #2 Power Plant
Participation
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Doug Walker, City Attorney
Gary R. Mader, Utilities Director
Meeting: November 22, 2005
Subject: Nebraska City Unit #2 – Separate System Bonds
Continuing Disclosure Agreement and Certificate of
Participant
Item #’s: G-8
Presenter(s): Gary R. Mader, Utilities Director
Background
The City of Grand Island is a participant in a new coal fired power plant project being
built by the Omaha Public Power District (OPPD) at the site of their existing Nebraska
City Plant. The new unit will be the second on that site and is generally referred to as
NC#2. All environmental permitting and state agency approvals have been completed,
and the project is proceeding to the point that major capital expenditures are pending for
construction. The methods of project funding are included in the Power Participation
Agreement (PPA) between the City and OPPD.
The Project is a 600 MW power plant with OPPD having 300MW committed to their
system and 300MW dedicated to seven Project Participants; public power utilities in
Nebraska, Missouri and Minnesota. Grand Island’s Participation Share is 30MW. The
financing of the project is structured such that OPPD will issue their bonds for their share
and will also issue the bonds for the Participants’ share. The Participants’ costs to service
that debt are to be billed monthly over the 40 year life of the plant. Participants are
obligated under the PPA to begin Capital Cost payments at the time the unit goes into
commercial operation in 2009. The bond issue for the Participants’ Share of the Capital
Costs is referred to as the Separate System Bonds.
Discussion
Continuing Disclosure Agreement
Once the long term financing is in place for the Participants’ share of the project capital
costs, the administration of the bond issue requires each of the Participants to provide
annual financial information to OPPD who will act as the Dissemination Agent. OPPD
will then compile the annual information from each Participant for dissemination to the
bond ho lders and Underwriters in accordance with the bond covenants.
Attached is the Continuing Disclosure Agreement. By execution of this agreement, the
City certifies that it will provide the required financial and operating information
annually to OPPD over the term of the bond issue. The City also agrees that it will notify
OPPD of circumstances that might occur during the term of the bonds that would have a
material affect on the financial status of the Electric Utility. The information provided
under this agreement would normally be provided by the City in support of Electric
Revenue bonds issued directly by the City. But in the case of the NC#2 Project, each
Participant makes submittal to OPPD, the Dissemination Agent, who compiles the data
for dissemination in accordance with the Bond Covenants.
All participants in the Separate System Bonds issuance are required to execute the
Continuing Disclosure Agreement.
Certificate of Participant
The NC#2 Separate System Bond issue requires the compilation of financial and
operating data from each of the project Participants in order to prepare the Official
Statement and other documents necessary to proceed with the issuance of the bonds to
finance the Participants’ share of the construction project. Each Participant must provide
the required information and certify that this information is correct.
Attached is the Certificate of Participant. By execution of this document the City
certifies that the information provided for preparation of the Separate System Bonds issue
is correct, that there are not material legal matters pending which would affect the
Participants’ ability to meet its obligation to the project at the date of bond issuance.
All participants in the Separate System Bonds issuance are required to execute a
Certificate of Participant.
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 Continuing Disclosure Agreement and the
Certificate of Participant be approved by Council for execution by the Mayor.
Sample Motion
Motion to approve the Continuing Disclosure Agreement and the Certificate of
Participant and to authorize the Mayor to execute the documents.
4844-2780-8768.1
CONTINUING DISCLOSURE AGREEMENT
$112,000,000
OMAHA PUBLIC POWER DISTRICT (NEBRASKA)
SEPARATE ELECTRIC SYSTEM REVENUE BONDS (NEBRASKA CITY 2)
2005 SERIES A
THIS CONTINUING DISCLOSURE AGREEMENT, dated as of December 1, 2005
(this “Disclosure Agreement”), is executed and delivered by the undersigned (the “Participant”)
and Omaha Public Power District, in its capacity as Dissemination Agent hereunder (the
“Dissemination Agent”) and in its capacity as Issuer (the “Issuer”) of the above-captioned bonds
(the “Bonds”) issued pursuant to the Issuer’s Resolution No.5472 adopted November 17, 2005
(the “Resolution”). The Participant and the Issuer covenant and agree as follows:
Section 1.Purpose of the Disclosure Agreement. This Disclosure Agreement is
being executed and delivered by the Participant, the Dissemination Agent and the Issuer for the
benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating
Underwriters in complying with, and constitutes the written undertaking of the Participant for the
benefit of the Bondholders required by, Section (b)(5)(i) of Securities and Exchange
Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (17 C.F.R.
§240.15c2-12) (the “Rule”).
The Participant, as an “obligated person” within the meaning of the Rule, undertakes to
provide the following information as provided in this Disclosure Agreement:
(1)Annual Financial Information; and
(2)Audited Financial Statements, if any.
Section 2.Definitions. In addition to the definitions set forth in the Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
“Annual Financial Information” means, in the case of the Participant, the financial
information or operating data, provided at least annually, of the type included in the Participant’s
section of Appendix A of the final official statement with respect to the Bonds, which Annual
Financial Information may, but is not required to, include Audited Financial Statements. Annual
Financial Information which consists of financial information derived from financial statements
of the Participant (and not operating data) shall be prepared in accordance with generally
accepted accounting principles as promulgated to apply to governmental entities from time to
time by the Governmental Accounting Standards Board.
“Audited Financial Statements” means, in the case of the Participant, the annual audited
financial statements of the Participant, if any. Audited Financial Statements shall be prepared in
accordance with generally accepted accounting principles as promulgated to apply to
governmental entitles from time to time by the Governmental Accounting Standards Board.
4844-2780-8768.1 2
“Beneficial Owners” means any person who has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding
Bonds through nominees or depositories.
“Dissemination Agent” means initially, Omaha Public Power District, acting in its
capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in
writing by the Issuer.
“Holders” means either the registered owners of the Bonds, or, if the Bonds are registered
in the name of The Depository Trust Participant or another recognized depository, any applicable
participant in its depository system.
“NRMSIR” means a nationally recognized municipal securities information repository, as
recognized from time to time by the Securities and Exchange Commission for the purposes
referred to in the Rule; the NRMSIRs as of the date of this Disclosure Agreement being as
follows: Bloomberg Municipal Repository, 100 Business Park Drive, Skillman, New Jersey
08558, Phone: (609)279-3225, Facsimile: (609)279-5962, E-Mail: Munis@Bloomberg.com;
DPC Data Inc., One Executive Drive, Fort Lee, New Jersey 07024, Phone: (201) 346-0701,
Facsimile: (201)947-0107, E-Mail: nrmsir@dpcdata.com; FT Interactive Data, Attn: NRMSIR,
100 William Street, New York, NY 10038, Phone: (212)771-6999, Fax: (212)771-7390,
E-Mail: NRMSIR@FTID.com, and Standard & Poor’s Securities Evaluations, Inc., 55 Water
Street, 45th Floor, New York, New York 10041, Phone: (212)438-4595, Facsimile:
(212)438-3975, E-Mail: nrmsir_repository@sandp.com.
“Participant Report Date” has the meaning set forth in Section 3(a) hereof.
“Participating Underwriters” means the original underwriters of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
“Participation Agreement” means the Participation Power Agreements dated January 15,
2004, between the District and each Participant and any replacements thereof, as the same may
be amended from time to time, which contain commitments by the Participants to finance and
pay for the construction and operation of the Separate System.
“SID” means a state information depository as operated or designated by the State of
Nebraska as such for the purposes referred to in the Rule. As of the date of this Disclosure
Agreement, there is no SID.
Section 3.Provision of Annual Reports.
(a)While any Bonds are outstanding, the Participant shall, or upon written
direction shall cause the Dissemination Agent to, provide the Annual Financial
Information on or before the 210th day after the end of each fiscal year (the “Participant
Report Date”), beginning on or after the date hereof, to each then existing NRMSIR and
the SID, if any. If the Dissemination Agent is to provide the Annual Financial
Information, not later than 15 Business Days (as defined in the Resolution) prior to said
date, the Participant shall provide the Annual Financial Information to the Dissemination
Agent. The Participant shall include with each such submission of Annual Financial
4844-2780-8768.1 3
Information to the Dissemination Agent a written representation addressed to the
Dissemination Agent, upon which the Dissemination Agent may conclusively rely, to the
effect that the Annual Financial Information is the Annual Financial Information required
to be provided by it pursuant to this Disclosure Agreement and that it complies with the
applicable requirements of this Disclosure Agreement. In each case, the Annual
Financial Information may be submitted as a single document or as a set of documents,
and all or any part of such Annual Financial Information may be provided by specific
cross-reference to other documents previously provided to each NRMSIR and the SID, if
any, or filed with the Securities and Exchange Commission and, if such a document is a
final official statement within the meaning of the Rule, available from the Municipal
Securities Rulemaking Board. The Audited Financial Statements, if any, may, but are not
required to be, provided as a part of the Annual Financial Information.
If not provided as part of the Annual Financial Information, the Participant shall,
or, upon furnishing such Audited Financial Statements to the Dissemination Agent shall
cause the Dissemination Agent to, provide Audited Financial Statements when and if
available while any Bonds are Outstanding to each then existing NRMSIR and the SID, if
any.
If by 15 Business Days prior to a Participant Report Date the Dissemination
Agent has not received a copy of the Annual Financial Information, the Dissemination
Agent shall contact the Participant to give notice that the Dissemination Agent has not
received the Annual Financial Information and that such information must be provided to
the NRMSIRs and SID, if any, by the applicable Participant Report Date.
The Dissemination Agent shall:
(i)determine prior to the Participant Report Date the name and
address of each NRMSIR and each SID, if any; and
(ii)to the extent the Participant has provided the Annual Financial
Information to the Dissemination Agent and required such information be sent to
each NRMSIR or SID, file a report with the Participant certifying that the Annual
Financial Information has been provided by the Dissemination Agent to each
NRMSIR and SID, if any, pursuant to this Disclosure Agreement, stating the date
it was provided and listing each then existing NRMSIR and the SID, if any, to
which it was provided.
If the Dissemination Agent does not receive the Annual Financial Information
from the Participant required by clause (a) of this Section by the applicable Participant
Report Date, the Dissemination Agent shall, without further direction or instruction from
the Participant, provide to the Municipal Securities Rulemaking Board and to the SID, if
any, notice of any such failure to provide to the Dissemination Agent Annual Financial
Information by the applicable Participant Report Date. For the purposes of determining
whether information received from the Participant is Annual Financial Information, the
Dissemination Agent shall be entitled conclusively to rely on the written representation
made by the Participant pursuant to this Section.
4844-2780-8768.1 4
Any filing under this agreement may be made solely by transmitting such filing to
the Texas Municipal Advisory Council (the “MAC”) as provided at
www.disclosureusa.org unless the United States Securities and Exchange Commission
has withdrawn the interpretative advice in its letter to the MAC dated September 7, 2004.
Section 4.Termination of Reporting Obligation. The Participant’s, and the
Dissemination Agent’s and the Issuer’s obligations under this Disclosure Agreement shall
automatically terminate once the Bonds are no longer Outstanding.
Section 5.Dissemination Agent. The Issuer may, from time to time, with written
notice to the Participant, appoint or engage a third-party Dissemination Agent to assist it in
carrying out its obligations under this Disclosure Agreement, and may discharge any such
Dissemination Agent, with or without appointing a successor Dissemination Agent, upon notice
to the Dissemination Agent. The initial Dissemination Agent shall be the Issuer. To the extent
any Dissemination Agent engaged by the Issuer requires payment of a fee, or the Issuer incurs
any expenses in discharging its obligations hereunder, the Participant shall promptly reimburse
the Issuer for its pro rata portion of such fees (determined in such manner as pro rata payments
are determined under the Participation Agreement).
Section 6. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the Participant, the Dissemination Agent and the Issuer may amend this
Disclosure Agreement and any provision of this Disclosure Agreement may be waived by the
parties hereto, if such amendment or waiver is supported by an opinion of counsel expert in
federal securities laws, acceptable to the Participant and the Issuer, to the effect that such
amendment or waiver would not, in and of itself, cause the undertakings herein to violate the
Rule if such amendment or waiver had been effective on the date hereof but taking into account
any subsequent change in or official interpretation of the Rule, provided that the Participant shall
have provided notice of such delivery and of the amendment to each then existing NRMSIR or
the MSRB and the SID, if any, provided that neither the Trustee nor the Dissemination Agent
shall be obligated to agree to any amendment that modifies the duties or liabilities of the
Dissemination Agent or the Trustee without their respective consent thereto. Any such
amendment shall satisfy, unless otherwise permitted by the Rule, the following conditions:
(i)The amendment may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law or change in
the identity, nature or status of the obligated person or type of business conducted;
(ii)This Disclosure Agreement, as amended, would have complied with the
requirements of the Rule at the time of the primary offering, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and
(iii)The amendment does not materially impair the interests of Beneficial
Owners and Holders of any of the Bonds, as determined either by parties unaffiliated
with the Participant (such as counsel expert in federal securities laws), or by approving
vote of Bondholders pursuant to the terms of the Resolution at the time of the
amendment. The initial Annual Financial Information after the amendment shall explain,
4844-2780-8768.1 5
in narrative form, the reasons for the amendment and the effect of the change, if any, in
the type of operating data or financial information being provided.
Section 7.Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Participant from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Financial Information or other disclosure, in
addition to that which is required by this Disclosure Agreement. If the Participant chooses to
include any information in any Annual Financial Information or other disclosure in addition to
that which is specifically required by this Disclosure Agreement, the Participant shall have no
obligation under this Disclosure Agreement to update such information or include it in any future
Annual Financial Information.
Section 8.Default. In the event of a failure of the Participant, the Dissemination
Agent or the Issuer to comply with any provision of this Disclosure Agreement, the Issuer, may,
on its own behalf, or at the written direction of a Participating Underwriter, the Insurer or the
Holders of at least 25% in aggregate principal amount of Outstanding Bonds, shall, but only to
the extent the Issuer receives indemnification to its satisfaction, or any Beneficial Owner or
Holder of any of the Bonds may, seek mandate or specific performance by court order, to cause
the Participant, the Dissemination Agent or the Issuer, as the case may be, to comply with its
obligations under this Disclosure Agreement; provided that neither the Participant, the
Dissemination Agent nor the Issuer shall be liable for monetary damages or any other monetary
penalty or payment for breach of any of its obligations under this Section or unless, in the case of
the Participant, such breach shall have been willful or reckless. A default under this Disclosure
Agreement shall not be deemed an Event of Default under the Resolution or Participation
Agreement, and the rights and remedies provided by the Resolution or Participation Agreement
upon the occurrence of an “Event of Default” shall not apply to any such failure. The sole
remedy under this Disclosure Agreement in the event of any failure of the Participant, the
Dissemination Agent or the Issuer to comply with this Disclosure Agreement shall be an action
to compel performance.
Section 9.Duties, Immunities and Liabilities of Issuer and Dissemination Agent.
The Dissemination Agent (if other than the Issuer or the Issuer in its capacity as Dissemination
Agent) and the Issuer shall have only such duties as are specifically set forth in this Disclosure
Agreement. The Dissemination Agent and Issuer shall be paid compensation by the Participant
for its services provided hereunder and all expenses, legal fees and advances made or incurred by
the Dissemination Agent hereunder. Neither the Dissemination Agent nor the Issuer shall have
any duty or obligation to review any information provided to it by the Participant hereunder or
shall be deemed to be acting in a fiduciary capacity for the Participant, the Holders or Beneficial
Owners of the Bonds or any other party. The obligations of the Participant under this Section
shall survive resignation or removal of the Dissemination Agent or Issuer.
Section 10.Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Participant, the Issuer, the Participating Underwriters and the Beneficial Owners and
Holders of any Bonds and shall create no rights in any other person or entity.
4844-2780-8768.1 6
Section 11.Interpretation. It being the intention of the Participant and the Issuer that
there be full and complete compliance with the Rule, this Disclosure Agreement shall be
construed in accordance with the written guidance and no-action letters published from time to
time by the Securities and Exchange Commission and its staff with respect to the Rule.
Section 12.Governing Law. This Disclosure Agreement shall be governed by the
laws of the State of Nebraska.
Section 13.Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
[Remainder of Page Left Blank Intentionally]
4844-2780-8768.1 7
CITY OF GRAND ISLAND, NEBRASKA
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
OMAHA PUBLIC POWER DISTRICT
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-329
WHEREAS, the City of Grand Island has entered into a Participation Power Agreement
with the Omaha Public Power District (OPPD) dated January 15, 2004 to acquire 5% or approximately 30
megawatts of the capacity of OPPD's Nebraska City Power Plant addition referred to as NC2; and
WHEREAS, subsequent to the date of this agreement, the City of Grand Island has
determined that the City's best option for financing the City's portion of Omaha Public Power District's NC2
power plant is through the issuance by OPPD of Separate Electric System Revenue Bonds (OPPD Bonds);
and
WHEREAS, as part of the process of arranging financing for the OPPD Bonds, the Omaha
Public Power District has requested that the City execute a Continuing Disclosure Agreement and a
Certificate of Participant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Mayor and Council hereby find and determine that the City has entered into a
Participation Power Agreement (the "Agreement") with Omaha Public Power District ("OPPD") with
respect to the purchase of power from a coal fueled generating unit to be constructed at OPPD's Nebraska
City, Nebraska, plant location; that for purposes of carrying out its obligations under the Agreement, OPPD
is currently issuing its Separate Electric System Revenue Bonds (Nebraska City), 2005 Series A, (the
"OPPD Bonds") and has requested that the City execute and deliver a Continuing Disclosure Agreement for
purposes of assisting OPPD and its underwriters in carrying out their obligations under Rule 15c2-12 of the
Securities and Exchange Commission and for the City to deliver certain certifications to OPPD in
connection with its issuance of the OPPD Bonds; and that documents for approval by the Mayor and
Council have been prepared and presented as follows:
(a) Continuing Disclosure Agreement between the City and OPPD (in the separate
capacity of Dissemination Agent) to be dated as of December 1, 2005; and
(b) Certificate of Participant, to be dated the date of issuance of the OPPD Bonds (the
documents described in (a) and (b) are referred to as the "City Closing Documents");
and that the City Closing Documents are in acceptable form and should be approved and their execution
and delivery authorized.
2. The Agreement is hereby ratified and confirmed in all respects and the Mayor (or in his
absence the Present of the Council) is hereby authorized to execute and deliver the Closing Documents on
behalf of the City.
- 2 -
3. This resolution is hereby determined to be a measure necessary to carry out the obligations
of the City under the Agreement and shall be in force and effect immediately upon its passage and approval.
- - -
PASSED AND APPROVED by the City Council of the City of Grand Island, Nebraska, November 22,
2005.
_______________________________________
Jay Vavricek, Mayor
ATTEST:
______________________________________
RaNae Edwards, City Clerk
Item G9
#2005-330 - Approving Bid Award for Tree Trimming Contract
2006-TT-1
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; DaleShotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: November 22, 2005
Subject: Bid Award – Tree Trimming Contract 2006-TT-1
Item #’s: G-9
Presenter(s): Gary R. Mader, Utilities Director
Background
Proper clearance between trees and power lines is very important to the safe operation
and maintenance of the City’s electric system. The Utilities Department has one crew
dedicated to Right-of-Way maintenance and also uses the services of contractors when
necessary to maintain line clearance over the nearly 500 miles of distribution and
transmission lines. Specifications for Contract 2006-TT-1, have been prepared for
private contractors to provide tree trimming services for the clearances needed for
reliable electrical service.
Discussion
The specifications provide for the City to select any or all sections to be awarded in this
contract, and to award to a single Contractor for all sections, or award to multiple
Contractors by individual section, whichever provides the best overall contract price.
The project was publicly advertised and specifications were sent to seven (7) potential
bidders. The bids were publicly opened at 11:00 a.m. on November 10, 2005 in
accordance with City Procurement Codes. Three (3) bids were received and have been
checked and evaluated. A tabulation of the bids received is listed below:
Bid Amount
Tom’s Tree Service
Grand Island, NE
Wright’s Tree Service
Des Moines, IA
Sheffield Tree Service
Grand Island, NE
Section 1 $7,300.00* $16,500.00 $7,500.00
Section 2 $5,000.00* $10,600.00 $6,500.00
Section 3 $10,500.00 $18,500.00 $6,250.00*
Section 4 $9,500.00* $12,200.00 No Bid
Section 5 $11,500.00* $19,200.00 No Bid
Tom’s Tree Service Wright’s Tree Service Sheffield Tree Service
Bid Amount Grand Island, NE Des Moines, IA Grand Island, NE
Section 6 $14,000.00* $17,500.00 No Bid
Section 7 $18,000.00* $24,500.00 No Bid
Section 8 $5,100.00 $7,000.00 $3,500.00*
Section 9 $12,500.00 $17,500.00 $3,800.00*
Section 10 $16,500.00* $19,500.00 No Bid
Section 11 $23,000.00 $21,500.00* No Bid
Section 12 $18,500.00 $16,200.00* No Bid
(*) Indicates low bid per section
The combination of the lowest bids is $133,050.00, and is below the estimate of
$150,000.00. All bids are without exceptions and meet Contract requirements. Funds
were budgeted for FY 2005-2006 for this contract work.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the award of Tree Trimming Contract 2006-TT-1 to the
individual bidders in each section
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 Sections 1, 2, 4, 5, 6, 7, and 10 to
Tom’s Tree Service in the amount of $81,800; award Sections 3, 8, and 9 to Sheffield
Tree Service in the amount of $13,550.00; and award Sections 11, and 12 to Wright Tree
Service, Inc. in the amount of $37,700.00.
Sample Motion
Motion to approve award of Tree Trimming Contract 2006-TT-1, per section, to the
individual low bidder for each section.
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: November 10, 2005 at 11:00 a.m.
FOR: Tree Trimming Contract 2006-TT-1
DEPARTMENT: Utilities
ESTIMATE: $150,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: October 19, 2005
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Tom’s Tree Service Wright Tree Service, Inc. Sheffield Tre e Service
Grand Island, NE Des Moines, IA Grand Island, NE
Bid Security: $7,570.00 Merchants Bonding Co. Western Surety Co.
Bid Price:
Section 1: $ 7,300.00 $16,500.00 $ 7,500.00
Section 2: $ 5,000.00 $10,600.00 $ 6,500.00
Section 3: $10,500.00 $18,500.00 $ 6,250.00
Section 4: $ 9,500.00 $12,200.00 No Bid
Section 5: $11,500.00 $19,200.00 No Bid
Section 6: $14,000.00 $17,500.00 No Bid
Section 7: $18,000.00 $24,500.00 No Bid
Section 8: $ 5,100.00 $ 7,000.00 $ 3,500.00
Section 9: $12,500.00 $17,500.00 $ 3,800.00
Section 10: $16,500.00 $19,500.00 No Bid
Section 11: $23,000.00 $21,500.00 No Bid
Section 12: $18,500.00 $16,200.00 No Bid
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Tom Barnes, Eng. Manager – Utilities Pat Gericke, Utilities Admin. Assist.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1033
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-330
WHEREAS, the City of Grand Island invited bids for Tree Trimming Project 2006-TT-1
for the Utilities Department, according to the plans and specifications on file with the Utility Engineering
Office at Phelps Control Center; and
WHEREAS, on November 10, 2005, bids were received, opened and reviewed; and
WHEREAS, the requested work has been divided into 12 sections in order to achieve the
best and lowest cost, and to expedite the completion of the work; and
WHEREAS, Tom's Tree Service of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $81,800 for Sections 1, 2, 4, 5, 6,
7, and 10 of the contract; and
WHEREAS, Sheffield Tree Service of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $13,550 for Sections 3, 8 and 9 of
the contract; and
WHEREAS, Wright Tree Service, Inc. of Des Moines, Iowa, submitted a bid in
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $37,700 for Sections 11 and 12 of
the contract; and
WHEREAS, the combined total of the lowest bids for the above-listed seventeen sections is
less than the engineer's estimate for said project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The bid of Tom's Tree Service of Grand Island, Nebraska, in the amount of
$81,800 for Sections 1, 2, 4, 5, 6, 7, and 10 of Tree Trimming Project 2006-TT-1 is hereby approved as
the lowest responsive bid submitted for those sections.
2. The bid of Sheffield Tree Service of Grand Island, Nebraska, in the amount of
$13,550 for Sections 3, 8 and 9 of Tree Trimming Project 2006-TT-1 is hereby approved as the lowest
responsive bid submitted for those sections.
3. The bid of Wright Tree Service, Inc. of Des Moines, Iowa, in the amount of
$37,700 for Sections 11 and 12 of Tree Trimming Project 2006-TT-1 is hereby approved as the lowest
responsive bid submitted for those sections.
- 2 -
4. A contract for such project be entered into between the City and such contractors;
and that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of
Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2005-331 - Approving Bid Award for One (1) 128 Cubic Yard
Solid Waste Transfer Trailer
Tuesday, November 22, 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: November 22, 2005
Subject: Approving Bid Award for One (1) 128 Cubic Yard Solid
Waste Transfer Trailer
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
On October 25, 2005 the Solid Waste Division of the Public Works Department
advertised for bids for the purchase of a 128 Cubic Yard Transfer Trailer. Funds for the
trailer were in the approved 2005/2006 budget.
Discussion
One bid was received and opened on November 9, 2005. The Solid Waste Division of the
Public Works Department and the Purchasing Division of the City Attorney’s Office have
reviewed the bid that was received. A summary of the bid is shown below.
Bidder Exceptions Bid Security Total
Wilkens Industries,
Inc., Morris MN
None $2,660.00 $53,192.00
There are sufficient funds for this purchase in Account No. 50530040-85625. The cost
estimate for the trailer was $70,000.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve the purchase of the Transfer Trailer from Wilkens
Industries, Inc. of Morris, MN in the amount of $53,192.00.
2. Refer the issue to a committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the 128 Cubic
Yard Transfer Trailer in the amount of $53,192.00 from Wilkens Industries, Inc. of
Morris, MN.
Sample Motion
Approve the purchase of the Transfer Trailer.
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: November 9, 2005 at 11:15 a.m.
FOR: (1) 2006, 128 Cubic Yard Solid Waste Transfer Trailer
DEPARTMENT: Public Works
ESTIMATE: $70,000.00
FUND/ACCOUNT: 50530040-85625
PUBLICATION DATE: October 25, 2005
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Wilkens Industrices, Inc.
Morris, MN
Bid Security: $2,660.00
Exceptions: None
Bid Price: $53,192.00
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Mike Dvorak, Interim Solid Waste Supt. Danelle Collins, Admin. Assist. PW
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1037
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-331
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2006, 128 Cubic
Yard Solid Waste Transfer Trailer for the Solid Waste Division of the Public Works Department, according
to plans and specifications on file with the City Engineer; and
WHEREAS, on November 9, 2005, one bid was received, opened and reviewed; and
WHEREAS, Wilkens Industries, Inc. of Morris, Minnesota, 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 $53,192.00; and
WHEREAS, such bid is below the estimate for such trailer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries, Inc. of Morris,
Minnesota, in the amount of $53,192.00 is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2005-332 - Approving Bid Award for One (1) 90,000 GVW
Conventional Truck-Tractor; Solid Waste Division
Tuesday, November 22, 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: November 22, 2005
Subject: Approving Bid Award for One 90,000 GVW
Conventional Truck - Tractor; Solid Waste Division
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
On October 25, 2005 the Solid Waste Division of the Public Works Department
advertised for bids for the purchase of a Minimum 90,000 GVW Conventional Truck -
Tractor. Funds for the truck - tractor were in the approved 2005/2006 budget.
Discussion
Three bids were received and opened on November 9, 2005. The Solid Waste Division of
the Public Works Department and the Purchasing Division of the City Attorney’s Office
have reviewed the bids that were received. All three bids had exceptions. The truck –
tractor bid submitted by Nebraska Truck Center of Grand Island NE was low bid; the
exception to the bid is a 2007 model. Nebraska Truck Center can no longer provide
assurance that the factory will accept any more orders for the 2006 model. However, the
company can meet the delivery date with the 2007 model. The 2007 model by Nebraska
Truck Center is still the low bid. A summary of the bids is shown below.
Bidder Exceptions Bid Security Total
Hansen International
Truck, Inc.
Noted $4,505.92 $90,105.86
Nebraska Peterbilt Noted $4,253.70 $85,074.00
Nebraska Truck Center,
Inc.
2006 Model – (Factory
may no longer accept
2006 model orders)
Inland
Insurance
Company
$83,717.00
Nebraska Truck
Center, Inc.
2007 Model – (Can
meet delivery date)
Inland
Insurance
Company
$84,967.00
There are sufficient funds for this purchase in Account No. 50530040-85625.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve the purchase of the 2007 Conventional Truck -
Tractor from Nebraska Truck Center, Inc. of Grand Island, NE in the amount
of $84,967.00.
2. Refer the issue to a committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the 2007
Truck - Tractor in the amount of $84,967.00 from Nebraska Truck Center, Inc. of Grand
Island, NE.
Sample Motion
Approve the purchase of the 2007 Conventional Truck - Tractor.
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: November 9, 2005 at 11:00 a.m.
FOR: (1) 2006 Model 90,000 GVW Conventional Truck-Tractor
DEPARTMENT: Public Works
ESTIMATE: $90,000.00
FUND/ACCOUNT: 50530040-85625
PUBLICATION DATE: October 25, 2005
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Hansen International Truck, Inc. Nebraska Peterbilt
Grand Island, NE Grand Island, NE
Bid Security: $4,505.92 $4,253.70
Exceptions: Noted Noted
Bid Price: $90,105.86 $85,074.00
Bidder: Nebraska Truck Center, Inc.
Grand Island, NE
Bid Security: Inland Insurance Company
Exceptions: Noted
Bid Price: $83,717.00
$84,967.00 (2007 Model)
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Mike Dvorak, Interim Solid Waste Supt. Danelle Collins, Admin. Assist. PW
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1036
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-332
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2006 Model 90,000
GVW Conventional Truck-Tractor for the Solid Waste Division of the Public Works Department,
according to plans and specifications on file with the City Engineer; and
WHEREAS, on November 9, 2005, bids were received, opened and reviewed; and
WHEREAS, Nebraska Truck Center, 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 $84,967 for a 2007 model alternative; and
WHEREAS, such bid is below the estimate for such vehicle.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center, Inc. of Grand
Island, Nebraska, in the amount of $84,967.00 for one 2007 model 90,000 GVW conventional truck-
tractor is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2005-333 - Approving Bid Award for Maintenance Work
Adjacent to the Downtown Parking Lots and Ramp
Tuesday, November 22, 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: November 22, 2005
Subject: Approving Bid Award for Lawn / Landscape
Maintenance and Snow Removal for Sidewalks and
Greenscape Adjacent to the Downtown Parking Lots and
Ramp
Item #’s: G-12
Presenter(s): Steven P. Riehle, Public Works Director
Background
On November 1, 2005 the Engineering Division of the Public Works Department
advertised for bids for lawn / landscape maintenance and snow removal for sidewalks and
greenscape adjacent to the downtown parking lots and ramp.
Discussion
Two bids were received on November 15, 2005. The Engineering Division of the Public
Works Department and the Purchasing Division of the City Attorney’s Office have
reviewed the bids that were received. A summary of the bids is shown below.
Bidder Exceptions Total
Rick’s Lawn Care,
Grand Island, NE
Noted $5,275.00
Cloudburst Enterprises
Grand Island, NE
None $8,980.00
There are sufficient funds in Account No. 27010001-85213 and 27110010-85213 to fund
this contract.
Alternatives
1. Make a motion to approve awarding the bid to Rick’s Lawn Care in the
amount of $5,275.00.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign a contract with Rick’s Lawn Care for lawn / landscape maintenance and
snow removal for sidewalks and greenscape adjacent to the downtown parking lots and
ramp in the amount of $5,275.00.
Sample Motion
Move to approve the award of the contract to Rick’s Lawn Care.
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: November 15, 2005 at 11:15 a.m.
FOR: Lawn/Landscape Maintenance and Snow Removal for Sidewalks and
Greenscape Adjacent to Downtown Parking Lots and Ramp
DEPARTMENT: Public Works
ESTIMATE: $15,100.00
FUND/ACCOUNT: 27010001-85213 & 27110010-85213
PUBLICATION DATE: November 1, 2005
NO. POTENTIAL BIDDERS: 2
SUMMARY
Bidder: Rick’s Lawn Care Cloudburst Enterprises
Grand Island, NE Grand Island, NE
Exceptions: Noted None
Bid Price: $5,275.00 $8,980.00
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Danelle Collins, Admin. Assist. PW Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P1038
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-333
WHEREAS, the City of Grand Island invited sealed bids for Lawn/Landscape Maintenance
and Snow Removal for Sidewalks and Greenscape Adjacent to Downtown Parking Lots and Ramp,
according to plans and specifications on file with the City Engineer; and
WHEREAS, on November 15, 2005, bids were received, opened and reviewed; and
WHEREAS, Rick's Lawn Care 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 $5,275.00; and
WHEREAS, such bid is below the estimate for such maintenance work.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Rick's Lawn Care of Grand Island,
Nebraska, in the amount of $5,275.00 for lawn/landscape maintenance and snow removal for sidewalks
and greenscape adjacent to the downtown parking lots and ramp is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2005-335 - Approving Changes to Speed Limits on East US
Highway 30
Tuesday, November 22, 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: November 22, 2005
Subject: Approving the Changes to Speed Limits on East US Highway
30
Item #’s: G-13
Presenter(s): Steven P. Riehle, Public Works Director
Background
The 4-lane project on east HWY 30 is complete and the Nebraska Department of Roads (NDOR)
evaluated the speed zones in the area; therefore, they are requesting that the city pass a resolution
to make speed limit adjustments.
Discussion
The NDOR’s letter requesting the changes is attached. The recommendations are:
Start End Proposed Speed Limit
Sycamore Street 1500’ west of Willow Street 35 mph
1500’ west. of Willow St. 2500’ west of Shady Bend Rd 45 mph
2500’ west of Shady Bend Rd 270’ west of Shady Bend Rd. (City Limits) 50 mph
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve a resolution establishing new speed limits along east US HWY 30.
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 making the speed limit
adjustments recommended by the Nebraska Department of Roads.
Sample Motion
Move to approve the resolution on speed limits along east US HWY 30.
Propose
d
Propose
d
Propos
e
d
Start End Proposed Speed Limits
Sycamore Street 1500’ West of Willow Street 35 mph
1500’ West of Willow Street 2500’ West of Shady Bend Rd.45 mph
2500’ West of Shady Bend Rd.Shady Bend Rd. (City Limits)50 mphStuhr RoadShady Bend RoadUS HW
Y 3
0
Capital Ave
Existing
Seedling Mile Road
NDOR’s Proposed US Hwy 30 Speed Limits
November 16, 2005
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-335
WHEREAS, the City Council, by authority of Section 22-51 of the Grand Island City
Code, may by resolution, establish speed limits upon the streets of the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that speed limits within the City of Grand Island are
established as follows:
Street From To Limit
Abbott Road 1/2 mile west of Sky Park
Road (city limit)
Sky Park Road 50
Abbott Road Quandt Road Approximately 1/2 mile east of
Quandt Road (city limit)
50
Adams Street Stolley Park Road Anna Street 30
Airport Road 1/4 mile west of Sky Park
Road (west city limits)
Sky Park Road 55
Airport Road Shady Bend Road Approximately 1/2 mile east of
Shady Bend Road (east city
limits)
50
Anna Street Blaine Street Locust Street 30
Bismark Road Vine Street Stuhr Road 30
Bismark Road Stuhr Road 400 feet east of Stuhr Road (city
limit)
55
Blaine Street U.S. Highway 34 Stolley Park Road 35
Broadwell Avenue Anna Street Prospect Avenue 30
Broadwell Avenue Prospect Street Nebraska Highway 2 (city route) 35
Broadwell Avenue Nebraska Highway 2 (city
route)
1/4 mile north of Roberts Street
(north city limits)
45
- 2 -
Street From To Limit
Capital Avenue Engleman Road North Road 35
Capital Avenue North Road Carleton Avenue 45
Capital Avenue Carleton Avenue St. Paul Road 35
Capital Avenue St. Paul Road Sky Park Road 45
Capital Avenue Sky Park Road 1/2 mile east of Sky Park Road
(city limits)
50
Cherry Street Bismark Road Sutherland Street 30
Concord Street Diers Avenue 370 feet North of Diers Avenue 30
Custer Avenue Old Lincoln Highway/
Old Potash Highway
Capital Avenue 30
Diers Avenue Old Potash Highway Capital Avenue 30
Eddy Street Fourth Street State Street 30
Engleman Road Husker Highway 400 feet north of North Lane 45
Engleman Road 200 feet south of Lariat Lane Capital Avenue 45
Engleman Road Capital Avenue 1,000 feet north of Michigan
Avenue
40
Faidley Avenue U.S. Highway 281 Webb Road 35
Faidley Avenue Webb Road Custer Avenue 30
Fonner Park Road South Locust Street Stuhr Road 35
Fourth Street Sycamore Street Plum Street 25
Fourth Street Plum Street Beal Street 30
Fourth Street Beal Street Taft Street 35
Fourth Street Taft Street Seventh Street 45
- 3 -
Street From To Limit
Gold Core Road Wildwood Drive Schimmer Drive 40
Husker Highway U.S. Highway 30 Schroeder Avenue 50
Husker Highway Schroeder Avenue 1/4 mile east of North Road (city
limits)
40
Husker Highway Prairieview Street U.S. Highway 281 40
Independence Avenue Capital Avenue Nebraska Highway 2 35
Juergen Road Wildwood Drive Schimmer Drive 30
Locust Street Wood River Floodway (south
city limits)
U.S. Highway 34 45
Locust Street U.S. Highway 34 Stagecoach Road 40
Locust Street Stagecoach Road Stolley Park Road 35
Locust Street Stolley Park Road Charles Street 30
Locust Street Charles Street First Street 25
Nebraska Highway 2 1/4 mile west of Independence
Avenue (west city limits)
1,200 feet west of Diers Avenue 55
Nebraska Highway 2 1,200 feet west of Diers
Avenue
100 feet west of O'Flannagan
Street
50
Nebraska Highway 2 –
City Route
100 feet west of O'Flannagan
Street
Broadwell Avenue 50
North Road Husker Highway Stolley Park Road 35
North Road Old Highway 30 U.S. Highway 30 35
North Road U.S. Highway 30 Old Potash Highway 45
North Road Old Potash Highway Nebraska Highway 2 40
Old Lincoln Highway Garfield Street Broadwell Avenue 30
- 4 -
Street From To Limit
Old Highway 30 West intersection with U.S.
Highway 30
Webb Road 45
Old Highway 30 Webb Road East intersection with U.S.
Highway 30
35
Old Potash Highway 540 feet west of Arapahoe
Avenue (west city limits)
Kaufman Avenue 45
Old Potash Highway Kaufman Avenue Custer Avenue 35
Quandt Road Abbott Road 1/4 mile north of Abbott Road 50
Schimmer Drive 1/2 mile west of U.S. Highway
281 (west city limits)
230 feet east of Scheel Road
(east city limits)
40
Second Street Webb Road Ada Street 35
Seedling Mile Road 1/2 mile west of Museum Drive Shady Bend Road 35
Seedling Mile Road Shady Bend Road Approximately 1/4 mile east of
Shady Bend Road (east city
limits)
45
Shady Bend Road Arabian Circle (city limits) Bronco Road (city limits) 50
Shady Bend Road Approximately 1/2 mile north of
Bismark Road (city limits)
880 feet south of Gregory
Avenue (city limits)
50
Shady Bend Road 231 feet south of Gregory
Avenue (city limits)
300 feet north of Shady Bend
Way (city limits)
35
Shady Bend Road 350 feet north of U.S. Highway
30 (city limits)
Union Pacific Railroad Right-of-
Way (city limits)
35
Shady Bend Road 1,910 feet north of Capital
Avenue
Airport Road 55
Sky Park Road Seventh Street Capital Avenue 45
Sky Park Road Capital Avenue Twin Star Lane 55
- 5 -
Street From To Limit
Sky Park Road Twin Star Lane Gulf Stream Drive 45
Sky Park Road Gulf Stream Drive White Cloud Road 55
State Street North Road Ebony Lane 45
State Street Ebony Lane U.S. Highway 281 35
Stolley Park Road 920 feet west of Freedom
Drive (west city limits)
U.S. Highway 30 50
Stolley Park Road U.S. Highway 30 North Road 45
Stolley Park Road North Road U.S. Highway 281 45
Stolley Park Road U.S. Highway 281 South Locust Street 35
Stolley Park Road South Locust Street Stuhr Road 45
Stuhr Road 270 feet south of the north
intersection with Stolley Park
Road (south city limits)
Fonner Park Road 55
Stuhr Road Fonner Park Road U.S. Highway 30 35
Sycamore Street Fourth Street Capital Avenue 30
Thirteenth Street 910 feet west of Branding Iron
Lane (west city limits)
Cedar Ridge Court 45
Thirteenth Street Cedar Ridge Court U.S. Highway 281 35
U.S. Highway 30 Husker Highway Johnstown Road 55
U.S. Highway 30 Johnstown Road East Intersection with Old
Highway 30
45
U.S. Highway 30 East Intersection with Old
Highway 30
Grant Street 35
U.S. Highway 30 (2nd
Street)
Grant Street Broadwell Avenue 35
- 6 -
Street From To Limit
U.S. Highway 30 (2nd
Street)
Broadwell Avenue Greenwich Street 30
- 7 -
U.S. Highway 30
(eastbound) / Greenwich
Street
Second Street First Street 30
U.S. Highway 30 (1st
Street and 2nd Street)
Greenwich Street Eddy Street 30
U.S. Highway 30 (1st
Street and 2nd Street)
Eddy Street Sycamore Street 25
U.S. Highway 30 (1st
Street and 2nd Street)
Sycamore Street 1500 feet West of Willow Street
300 feet East of the BNRR
35
U.S. Highway 30 1500 feet West of Willow
Street 300 feet East of the
BNRR
2500 feet West of Shady Bend
Road 1300 feet East of Stuhr
Road
45 40
U.S. Highway 30 2500 feet West of Shady Bend
Road 1300 feet East of Stuhr
Road
270 feet west of Shady Bend
Road (east city limits)
50 45
U.S. Highway 34
(Husker Highway)
U.S. Highway 281 Wortman Drive (city limits) 50
U.S. Highway 34
(Husker Highway)
Karen Road (city limits) De Ann Road 55
U.S. Highway 34
(Husker Highway)
De Ann Road ¼ mile East of Locust Street
(east city limits)
45
U.S. Highway 34/281 Milepost No. 228.91
(1/4 mile south of Wildwood
Drive)
Milepost No. 231.16 (Husker
Highway)
55
U.S. Highway 281 Milepost No. 67.6 (Husker
Highway)
Milepost No. 68.1 (south
intersection with Webb Road)
55
U.S. Highway 281 Milepost No. 68.1 (south
intersection with Webb Road)
Milepost No. 72 (NE Highway
2)
50
Walnut Street Charles Street First Street 30
- 8 -
Webb Road South Intersection with U.S.
Highway 281
Nebraska Highway 2 (city route) 35
Webb Road Nebraska Highway 2 - city
route
1410 feet north of Nebraska
Highway 2 – city route (city
limits)
40
Webb Road 900 feet south of the north
intersection with U.S. Highway
281 (city limits)
240 feet south of the north
intersection with U.S. Highway
281 (city limits)
40
White Cloud Road Sky Park Road 2060 feet east of Sky Park Road
(city limits)
50
Wildwood Drive 380 feet west of Elk Drive
(west city limits)
610 feet east of Gold Core Drive
(East city limits)
45
OTHER SPEED ZONES:
The speed limit for all alleys within the downtown Congested Parking Area as defined in Section 13-17 of
the Grand Island City Code shall be 10 miles per hour.
BE IT FURTHER RESOLVED, that this resolution supercedes any and all other
resolutions establishing or amending speed limits for the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 22, 2005.
_____________________________________
RaNae Edwards, City Clerk
Item G14
#2005-336 - Approving Bid Award for Six (6) Police Vehicles
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steve Lamken, Chief of Police
Meeting: November 22, 2005
Subject: Approve Bid Award for Six (6) Police Interceptor Units
Item #’s: G-14
Presenter(s): Steve Lamken, Chief of Police
Background
The 2005-2006 budget includes the replacement of six (6) police vehicles. Usually, the
department purchases these vehicles from the state bid. However, the winner of the state
bid did not include a local vendor. Therefore, it was decided to bid out the vehicles in
order to allow for local vendors. There are sufficient funds in account no. 10022301-
85625 for this purchase.
Discussion
Bids were let on November 15, 2005. Two bids were received as follows:
#1 Anderson Ford, Grand Island, NE in the amount of $134,460.00
#2 Tincher ford, Plattsmouth, NE in the amount of $135,420.00 (state bid)
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the purchase six (6) 2006 Ford Police Interceptor vehic les
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 lowest bid from Anderson
Ford, Grand Island, NE in the amount of $134,460.00.
Sample Motion
Motion to approve the purchase of six (6) 2006 Ford Police Interceptor vehicles from
Anderson Ford, Grand Island, NE in the amount of $134,460.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 15, 2005 at 11:00 a.m.
FOR: (6) Police Vehicles
DEPARTMENT: Police
ESTIMATE: $156,000.00
FUND/ACCOUNT: 10022301-85625
PUBLICATION DATE: November 5, 2005
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Anderson Ford L-M Tincher Ford
Grand Island, NE Plattsmouth, NE
Exceptions: None None
Bid Price: $134,460.00 $135,420.00
cc: Steve Lamken, Police Chief Dennis Osterman, Police Dept.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1040
Approved as to Form ¤ ___________
November 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-336
WHEREAS, the City of Grand Island invited sealed bids for Six (6) 2006 Police
Interceptor Vehicles, according to plans and specifications on file with the Police Department; and
WHEREAS, on November 15, 2005, bids were received, opened and reviewed; and
WHEREAS, Anderson Ford Lincoln Mercury 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 $134,460; and
WHEREAS, Anderson Ford Lincoln Mercury's bid is less than the engineer's estimate for
such vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Anderson Ford Lincoln Mercury of
Grand Island, Nebraska, in the amount of $134,460 for six 2006 Police Interceptor vehicles is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2005-337 - Approving Change Order No. 1 for Asbestos Removal
& Demolition of Improvements at 1204, 1212 & 1216 West 2nd
Street, 214 N. Washington St. and 1203/1205, 1209, 1215, & 1221
West 3rd Street
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council
Council Agenda Memo
From: Steve Fosselman, Library Director
Meeting: November 22, 2005
Subject: Approving Change Order No. 1 for Asbestos Removal &
Demolition of Improvements at 1204, 1212 & 1216 West
2nd Street, 214 N. Washington St. and 1203/1205, 1209,
1215, & 1221 West 3rd Street
Item #’s: G-15
Presenter(s): Steve Fosselman, Library Director
Background
The contract for asbestos removal and demolition of improvements in the block west of
the Edith Abbott Memorial Library was awarded to Environmental Direct, Inc., Grand
Island, Nebraska on August 9, 2005. Their low bid was $143,333.19; two other bids
were for $239,445.00 and $198,514.00. The engineer’s estimate was $215,000.00.
Discussion
Any change orders to the contract must be approved by City Council. Change Order No.
1 totals $16,060.00 as follows:
Original Contract $ 143,333.19
Removal of undisclosed asbestos $ 4,280.00
This project did not specify the removal of approximately
2400 square feet of shingles containing asbestos behind
the mansard tin on the west walls of the former Video
Kingdom building. This additional asbestos was
discovered during the project.
Removal of undisclosed foundations $ 8,680.00
This project did not specify the removal of previously
undisclosed foundations at the former Taco John’s site.
This additional work also included dirt hauling, soil
tests, and removal of a grease tank on this property.
Salvage of city property $ 3,100.00
This project did not specify the salvage of city property
obtained in the sale of the former Taco John’s. Salvage
property included steam tables, booths, chairs, tables,
signage, poles, and rooftop units. This additional work
included labor, crane rental, transport and storage of
this city property.
Revised Contract $ 159,393.19
These items of work were needed to complete the asbestos removal and demolition
project. Sufficient funds are available to pay the expense of this change order.
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 pass a resolution authorizing the
Mayor to execute the Change Order.
Sample Motion
Motion to approve Change Order 1 to the contract with Environmental Direct, Inc. for
Asbestos Removal & Demolition of Improvements at 1204, 1212 & 1216 West 2nd
Street, 214 N. Washington St. and 1203/1205, 1209, 1215, & 1221 West 3rd Street.
City of Grand Island CHANGE ORDER NO. 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: 11/17/05
PROJECT : Asbestos Removal & Demolition of Improvements at 1204, 1212 & 1216 West 2nd Street,
214 N. Washington St. and 1203/1205, 1209, 1215, & 1221 West 3rd Street
CONTRACTOR: Environmental Direct, Inc., P.O. Box 2392, Grand Island, NE 68802
CONTRACT DATE: August 9, 2005 AMOUNT OF ORIGINAL CONTRACT: $143,333.19
You are directed to make the changes in the subject contract as listed below:
o Remove undisclosed asbestos at former Video Kingdom/Subway building ($ 4,280.00)
o Remove undisclosed foundations at former Taco John’s property ($ 8,680.00)
o Salvage city property at former Taco John’s property ($ 3,100.00)
The changes result in the following adjustment of Contract Price:
Contract Price Prior to This Change Order ......................................................................................$ 143,333.19
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 16,060.00
Revised Contract Price Including this Change Order .......................................................................$ 159,393.19
Approval Recommended: The Above Change Order Accepted:
City of Grand Island Environmental Direct, Inc. __
Owner
By By
Steve Fosselman Director Michael J. O’Neill, President
Date Date
Approved for the City of Grand Island
Mayor
Attest:
City Clerk
Date:
Approved as to Form ¤ ___________
November 16, 2005 ¤ City Attorney
R E S O L U T I O N 2005-337
WHEREAS, on August 9, 2005, by Resolution 2005-231, the City of Grand Island
awarded the bid for Asbestos Removal and Demolition of Improvements at 1204, 1212 and 1216 West 2nd
Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 W. Third Street in the city of
Grand Island, Nebraska to Environmental Direct, Inc. of Grand Island, Nebraska; and
WHEREAS, it has been determined that modifications to the work to be performed by
Environmental Direct, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modifications will increase the contract amount by $16,060
for a revised contract price of $159,393.19.
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 Environmental Direct, Inc.
of Grand Island, Nebraska to provide the modifications set out as follows:
Removal of undisclosed asbestos ...............................................................................................4,280.00
Removal of undisclosed foundations ..........................................................................................8,680.00
Salvage of City property ...........................................................................................................3,100.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item H1
Request from Wayne E. Vian for Ashlar Lodge No. 33 AF & AM
for Permission to Re-Dedicate the Cornerstone at Edith Abbott
Memorial Library and Policy and Procedures for Future City
Buildings
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: Wayne Vian
City of Grand Island City Council
Item J1
Approving Payment of Claims for the Period of November 9, 2005
through November 22, 2005
The Claims for the period of November 9, 2005 through November 22, 2005 for a total
amount of $2,663,646.11. A MOTION is in order.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Library Expansion for the
Period as Submitted on November 22, 2005
The Claims for the Library Expansion for the period as submitted on November 22, 2005 for
the following requisitions.
#1 $40,788.43
#2 $668,829.59
#3 $1,000.00
#4 $340,190.79
#5 $8,680.00
#6 $4,280.00
#7 $14,333.32
#8 #3,100.00
A MOTION is in order.
Tuesday, November 22, 2005
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council