09-09-2008 City Council Regular Meeting PacketCity of Grand Island
Tuesday, September 09, 2008
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Tom Brown
Larry Carney
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
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.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor George Oxford, First Church of the Nazarene, 1022 West 6th
Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Proclamation "Preparedness Month" September 2008
The U.S. Department of Homeland Security has designated the month of September as
National Preparedness Month. Emergency preparedness is the shared responsibility of the
entire nation. Citizens are encouraged to take steps to be better prepared. The Mayor has
proclaimed the month of September 2008 as "Preparedness Month". See attached
PROCLAMATION.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item C2
Proclamation "National Alcohol and Drug Addiction Recovery
Month"
Substance abuse disorders impact 22.6 million people aged 12 or older in the United States.
These are serious health care issues that can be treated to improve the quality of life for the
entire community. Mayor Hornady has proclaimed the month of September, 2008 as
"National Alcohol and Drug Addiction Recovery Month". See attached PROCLAMATION.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item E1
Public Hearing on Request from Harold E. & Kathy D.
Carmichael, Jr. dba OK Liquor, 305 West Koenig Street for a
Class “D” Liquor License
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 9, 2008
Subject: Public Hearing on Request from Harold E. and Kathy D.
Carmichael, Jr. dba OK Liquor, 305 West Koenig Street
for a Class “D” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Harold E. and Kathy D. Carmichael, Jr. dba OK Liquor, 305 West Koenig Street ha ve
submitted an application for a Class “D” Liquor License. A Class “D” Liquor License
allows for the sale of alcohol off sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
On June 8, 2008, OK Liquor License D-15914 was cancelled by the Nebraska Liquor
Control Commission. After review of the Police Department report (see attached) it is
recommended that the City Council look at the totality of the circumstances surrounding
the application of Harold E. and Kathy D. Carmichael, Jr. taking into consideration the
past history of the Carmichael’s.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration does not make a recommendation.
Sample Motion
Move to either approve or deny the application from Harold E. and Kathy D. Carmichael,
Jr. dba OK Liquor, 305 West Koenig Street for a Class “D” Liquor License.
Item E2
Public Hearing on Request from Roadhouse Garage, Inc. dba
Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B for a Class
“C” Liquor License
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 9, 2008
Subject: Public Hearing on Request from Roadhouse Garage, Inc.
dba Roadhouse Garage & Grill, 2710 Diers Avenue,
Suite B for a Class “C” Liquor License
Item #’s: E-2 & I-2
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Roadhouse Garage, Inc. dba Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B has
submitted an application for a Class “C” Liquor License. A Class “C” Liquor License
allows for the sale of alcohol on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
After review of the Police Department report (see attached) it is recommended that the
City Council approve the application of Roadhouse Garage, Inc. with the restrictions that
Sarah Tjaden and Jeff Leo have no involvement in the operation of the business and
contingent upon final inspections.
Also included with the application was a request from Simon Jensen, 642 4th Street,
Hampton, Nebraska for a Liquor Manager designation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application.
Sample Motion
Move to approve the application of the Roadhouse Garage, Inc. dba Roadhouse Garage &
Grill, 2710 Diers Avenue, Suite B for a Class “C” Liquor License contingent upon final
inspection and with the restrictions that Sarah Tjaden and Jeff Leo have no involvement
in the operation of the business. Also approve the request from Simon Jensen, 642 4th
Street, Hampton, Nebraska for a Liquor Manager designation, contingent upon Mr.
Jensen completing a state approved alcohol server/seller training program.
Item E3
Public Hearing Concerning Acquisition of Utility Easement - 820
N. Webb Road - LBJM, LLC
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: September 9, 2008
Subject: Acquisition of Utility Easement – 820 North Webb Road
– LBJM, LLC
Item #’s: E-3 & G-3
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 LBJM, LLC, located on the west side of the building located at 820 North Webb Road,
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 underground electric cable and a pad-mounted
transformer to serve their new 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
Move to approve acquisition of the Utility Easement.
Item E4
Public Hearing Concerning Acquisition of Utility Easement - 4201
Gold Core Drive - Scannell Properties #106, LLC
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: September 9, 2008
Subject: Acquisition of Utility Easement – 4201 Gold Core Drive
– Scannell Properties #106, LLC
Item #’s: E-4 & G-4
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 Scannell Properties #106, LLC, located at the Federal Express building at 4201 Gold
Core Drive, 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 underground electric cable and a pad-mounted
transformer to serve the new Federal Express 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
Move to approve acquisition of the Utility Easement.
Item E5
Public Hearing on Creation of Business Improvement District #6,
Second Street
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Council Agenda Memo
From: Legal Department
Meeting: September 9, 2008
Subject: Public Hearing and Ordinance to Establish Business
Improvement District #6 and #7
Item #’s: E-5, E-6, F-6 & F-7
Presenter(s): Wesley D. Nespor, Attorney
Dale Shotkoski, City Attorney
Background
The Mayor and Council set preliminary boundaries and appointed an initial Board of
Directors to Business Improvement District (BID) #6 and #7. The Board has
recommended formal creation of new districts and the Regional Planning Commission
concurs in that recommendation.
Discussion
Pursuant to the authority given in Neb Rev Stats 19-4015 through 19-4038, cities may
create Business Improvement Districts to facilitate improvements and to develop and
promote a variety of beneficial activities. The next stage in the process for BID #6 and #7
is to hold a public hearing to hear all protests and receive evidence for or against the
District and to adopt the Ordinance formally creating the District. There must be a ruling
upon all the protests prior to the close of the hearing. This can be in the form of a motion
to determine the protests are valid and that they constitute less than or more than 50% of
the assessable units of real estate in the District. After the hearing, if the owners of less
than 50% of the assessable units have protested the Districts, Council may adopt an
Ordinance to create the Districts.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
DISTRICT #6 and #7 HEARING
1. Move to determine that the protests are valid and constitute less than 50% of
the assessable units in the District.
2. Move to determine that the protests are valid and constitute more than 50% of
the assessable units in the District.
3. Continue the hearing from time to time.
DISTRICT #6 ORDINANCE
4. Upon conclusion of the hearing, move to adopt the ordinance creating the
District.
5. Take no action on the issue.
DISTRICT #7 ORDINANCE
6. Upon conclusion of the hearing, move to adopt the ordinance creating the
District.
7. Take no action on the issue.
Recommendation
City Administration recommends that Council adopt the Ordinance creating BID #6 and
#7 after hearing.
Sample Motion
Move to determine that the protests for District #6 are valid but constitute less than 50%
of the assessable units in the District.
Move to determine that the protests for District #7 are valid but constitute less than 50%
of the assessable units in the District.
Move to adopt the Ordinance creating Business Improvement District #6.
Move to adopt the Ordinance creating Business Improvement District #7.
Item E6
Public Hearing on Creation of Business Improvement District #7,
South Locust from Stolley Park Road to Highway 34
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Item E7
Public Hearing on General Property, Parking District #2 (Ramp)
and Community Development Authority Tax Request
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: September 9, 2008
Subject: Public Hearing and Resolution Approving General
Property, Parking District No. 2 (Ramp), and Community
Redevelopment Authority Tax Request
Item #’s: E-7 & I-3
Presenter(s): Dave Springer, Finance Director
Background
Nebraska State Statute 77-1601-02 requires that the City of Grand Island conduct a
public hearing if the property tax request changes from one year to the next. Our general
property tax request increased from $5,280,591 for FY2007-2008 to $5,711,871 for
FY2008-2009, or an increase of $431,280. This represents an 8.17% increase in actual
tax dollars, a 4.9% increase in the City’s levy.
The property tax request for Parking District No.2, also known as the Parking Ramp
(Fund 271), remained the same from FY2007-2008 to FY2008-2009, at $9,000. Parking
District No. 2’s levy increased by 3.6%, while the districts valuation decreased by 3.5%.
This is the sixth consecutive year that the tax asking has been reduced or held the same
for the Parking Ramp.
The property tax request for the Community Redevelopment Authority decreased from
$500,000 requested in FY2007-2008 to $475,000 for FY2008-2009. This represents a
5.0% decrease in tax dollars and a 7.9% decrease in the CRA’s levy.
Discussion
The City Council needs to pass a resolution by majority vote setting the property tax
request for the general property tax at $5,711,871, the Parking District No.2 property tax
at $9,000, and the Community Redevelopment Authority property tax at $475,000. The
property tax request was published in the Grand Island Independent on September 5,
2008. It is appropriate at this time to solicit public comment. The action is contained
under Resolutions. This represents the final action to be taken on the FY2008-2009
Budget.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the General Property, Parking District No. 2, and CRA tax requests.
2. Modify the Budget and tax requests.
Recommendation
City Administration recommends that the Council approve the tax requests and levies as
presented.
Sample Motion
Move to approve the FY 2008-2009 General Property, Parking District No.2, and
Community Redevelopment Authority tax requests and levies, as presented in the related
Resolution.
Item E8
Public Hearing on Request from Grand Island Public Schools for a
Conditional Use Permit for Concrete Parking Lot for Gates
Elementary School Located at 2723 West Louise Street
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: September 9, 2008
Subject: Request of Grand Island Public Schools for Approval of
a Conditional Use Permit to Construct a Parking Lot at
2723 West Louise Street
Item #’s: E-8 & H-1
Presenter(s): Craig Lewis , Building Department Director
Background
This request is for approval of a conditional use permit to allow for the construction of a
parking lot at the above referenced address. The property is currently zoned R-2 Low
Density Residential and as such a parking lot is a listed conditional use. Conditional uses
as listed in the zoning code must be approved by the city council after a finding that the
proposed use promotes the health, safety, and general welfare of the community, protects
property against blight and depreciation, and is generally harmonious with the
surrounding neighborhood.
Discussion
This proposal is to construct a concrete parking lot on a residential zoned property east of
Gates school. The property is located east of the school and southeast of the intersection
of Louise St. and Ingalls St. A dwelling has been removed to facilitate the construction
and provide parking for the elementary school. Because the property is zoned R-2 the
landscaping regulations provided in the City code are not required. The Building
Department would suggest that as this property is in a predominantly residential
neighborhood and the Council has the opportunity to provide conditions with the
approval, that the landscaping requirements provided in section 36-102 of the City code
be applicable with the construction of this parking lot. The landscape provisions in the
City code would require a six foot landscape buffer adjacent to the street, which has been
reflected in the proposed plan, and plantings of two canopy trees, two understory trees,
and six shrubs, which are not currently identified in the proposed plan.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for a conditional Use Permit finding that the proposed
use is a listed conditional use in the zoning code and that it will not be
detrimental to public health, safety, and the general welfare of the community.
2. Disapprove or Deny the request finding that the proposal does not conform to
the purpose of the zoning regulations.
3. Modify the request to meet the wishes of the Council.
4. Refer the matter to a special committee for a determination of a finding of
fact.
5. Table the issue
Recommendation
City Staff recommends that the Council approve the conditional use permit with the
condition that landscaping is provided in compliance with section 36-102 of the zoning
regulations and finding that the request does promote the health, safety, and general
welfare of the community, protects property against blight and depreciation, and is
generally harmonious with the surrounding neighborhood.
Sample Motion
Move to approve the requested conditional use permit as specified in the staff
recommendation published in the Council packet and presented at the City Council
meeting and finding that the application will conform with the purpose of the zoning
regulations.
Item E9
Public Hearing for a Community Development Block
Grant/Planning Grant Application for Cornhusker Industrial Park
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jonik
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Administrator
Meeting: September 9, 2008
Subject: Approving Community Development Block
Grant/Planning Grant Application for Cornhusker
Industrial Park
Item #’s: E-9 & G-17
Presenter(s): Joni Kuzma, Community Development Administrator
Background
The City of Grand Island is eligible to apply for Community Development Block Grant
funding for a short-term planning grant to formulate a development plan for the re-use of
a 1,700 acre military munitions production facility into a regional industrial center. In
August, the Grand Island City Council approved use of $43,750 in Revolving Loan funds
to update a previously completed Environmental Review for the Cornhusker Industrial
Park (CAAP) and an analysis of the existing water system and options for sanitary sewer.
This application is consistent with prior Council action and will request $75,000 in
funding from the Nebraska Department of Economic Development or 50% of the
estimated total project cost of $150,000. The matching 50% will come from a
Department of Commerce, Economic Development Agency grant, which has already
been secured.
A public hearing notice is required 10 days prior to such hearing at a regularly scheduled
Council meeting. A legal notice was published August 30, 2008 in the Grand Island
Independent for a public hearing at the September 9, 2008 Council meeting.
Discussion
At this time the Council is requested to approve the Community Development Block
Grant/Planning Grant application to fund a development plan for re-use of the
Cornhusker Industrial Park.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Community Development Block Grant/Planning Grant
application to fund a development plan for re-use of the Cornhusker Industrial
Park and authorize the Mayor to sign all related documents.
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 Community Development
Block Grant/Planning Grant application to fund a development plan for re-use of the
Cornhusker Industrial Park and authorize the Mayor to sign all related documents.
Sample Motion
Move to approve the Community Development Block Grant/Planning Grant application
to fund a development plan for re-use of the Cornhusker Industrial Park and authorize the
Mayor to sign all related documents.
Item E10
Public Hearing for Lease Purchase of Building Located on
Property Owned by Hall County Livestock Improvement
Association (Fonner Park)
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: September 09, 2008
Subject: State Fair Action Items for City Participation in
Financing-Occupation Tax on Food Services and Lease
Purchase of Building
Item #’s: E-10, F-9 & I-5
Presenter(s): Jeff Pederson, City Administrator
Background
For several months, the City has been a participant in efforts to formulate a favorable
response to the opportunity that Grand Island was granted by the Unicameral to become
the new host City for the Nebraska State Fair. The action steps associated with this memo
constitute a pathway by which the City of Grand Island assumes a leadership role in
partnership with the community and with Fonner Park that makes possible the
contribution of $5 million of public funding towards the $8.5 million required for the
community to become the new host of the Nebraska State Fair.
Negotiations are on-going between the City and Fonner Park for agreements that would
permit the construction of a building by the City at Fonner Park, the value of which
would contribute to the $8.5 million city contribution to the State Fair. The building
would be managed by Fonner Park under a Management Agreement between Fonner
Park and the City. A Special Council Meeting has been called for September 11 for the
purpose of the City Council executing separate agreements with Fonner Park for ground
lease and for building management.
Discussion
Following thorough review of means by which the City might contribute substantially to
the requirement of LB 1116 for $8.5 million in order to become host City for the
Nebraska State Fair, it has been determined that a new occupation tax on Food Services,
Beverage Places, and Restaurants is the most effective means of generating revenue
sufficient for the City to make a contribution of $5 million as well as to meet statutory
expenses as host City for the State Fair. Proposed Ordinance 9189 would place a 1.5%
tax, effective December 1, 1008, upon sale of prepared/served food and non-alcoholic
beve rage in the City of Grand Island.
Resolution No. 2008-255 authorizes the City to enter in to a Lease Purchase Agreement
with Wells Fargo Brokerage Services, LLC whereby Wells Fargo would finance the
construction of a building valued at $5 million which wo uld be leased from Wells Fargo
Brokerage Services, LLC to the City with the City to take full ownership upon making
the final lease payment. It is anticipated that the building would be a 50,000 square foot
structure located on the campus of Fonner Park, which is expected to the new home of
the Nebraska State Fair.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Ordinance and the Resolution
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 both the Ordinance and
Resolution.
Sample Motion
Move to approve Ordinance No. 9189 and Resolution #2008-255.
Item F1
#9181 - Consideration of Water Rate Change for Fiscal Year
2008 - 2009
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: September 9, 2008
Subject: Ordinance #9181 - Water Rate Change
Item #’s: F-1
Presenter(s): Gary R. Mader, Utilities Director
Background
The Water Department has seen unusually steep increases in the costs of materials over
the last few years. This increase is reflective of the world wide increases in metal
materials and energy dependent industries. Additionally, the Water Department continues
to see substantial pressure to expand the distribution system to meet the growth needs of
the City for a potable water supply and fire protection, and continued pressure for
expansion into already developed areas that historically have not had city water supply.
In order to continue to meet the needs of the community, the Department will be required
to continue to purchase the materials required for expansion and will need to meet the
expenses of increasing power costs.
Discussion
Costs of the materials necessary for the expansion, maintenance and operation of the
water system have continued to increase. Valves, fire hydrants, pipe, fittings and other
materials have generally increased in just the last few years by amounts ranging from
35% to 90%. The ’07–’08 Water Department budget includes a rate increase to keep
pace with increasing costs. The proposed change is a 3% increase. With that change, the
minimum bill at 500 cu. ft. would increase 22¢ per month.
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 Ordinance No. 9181 be approved to increase water
rates by 3% in all rate blocks.
Sample Motion
Move to approve Ordinance #9181.
Approved as to Form ¤ ___________
September 3, 2008 ¤ City Attorney
ORDINANCE NO. 9181
An ordinance to amend Chapter 35 of the Grand Island City Code specifically, to
amend Section 35-30 pertaining to water rates; to repeal Sections 35-30 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 35-30 of the Grand Island City Code is hereby amended to
read as follows:
§35-30. Schedule of Rates
The rate to be charged for water furnished shall be as follows:
Monthly Billings
Cubic feet
per month
Rate per
100 cubic
feet
First 500…………………………………... $1.496
Next 500………………………………….. 0.700
Next 500………………………………….. 0.692
Next 2,500………………………………... 0.767
Next 6,000………………………………... 0.713
Next 90,000………………………………. 0.654
Next 100,000……………………………... 0.574
Over 200,000…………………………….. 0.535
Monthly Minimum (500 cu.ft.)………….. 7.480*
*Plus a customer charge of $0.35 per month for unfunded federal mandates for the Clean Water Act and the City’s
backflow program, in addition to the regular rates charged for water furnished to the customer.
Amended by Ordinance No. 8935, effective 10-1-2004 Amended by Ordinance No. 8987, effective 7-27-2005
Amended by Ordinance No. 9181, effective 10-1-08
SECTION 2. Section 35-30 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
ORDINANCE NO. 9181 (Cont.)
- 2 -
SECTION 4. That this ordinance shall be in force and take effect October 1,
2008.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9182 - Consideration of Amending Chapter 32 of the Grand
Island City Code Relative to Size of Address Numbers
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: September 9, 2008
Subject: Amending City Address Code
Item #’s: F-2
Presenter(s): Jim Rowell, Fire Chief
Background
Currently City Code provides that the street address be placed on buildings and specifies
details including size and location. The size is specified as 2 ½ inches or larger and does
not differentiate between commercial and residential property. The International Fire
Code (IFC), which was also adopted by the City, specifies that commercial property have
4 inch numbers and the difference between the two creates an inconsistency in the codes.
Discussion
Changing this City Code item would make the street address more visible on all property
and make both codes size requirements the same. We would propose that the City Code
be modified to be consistent with the IFC. It appears that replacing the words “two and
one-half inches” in the City Code 32-39 with “four inches” will make the two codes
compatible. The fire code does cover new and existing commercial buildings however the
City Code does not state the inclusion of existing property therefore we would apply it to
all commercial property and all new residential. It would require all existing property
would utilize the 4 inch letters when replacing the existing numbers.
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 change in the City Code
Section 32-39 to require not less than four inch numbers for addresses on all new
property and when replacing existing numbers.
Sample Motion
Move to approve ordinance to amend City Code Section 32-39 specifically changing the
size requirement of address numbers to not less than four inches.
Approved as to Form ¤ ___________
September 3, 2008 ¤ City Attorney
ORDINANCE NO. 9182
An ordinance to amend Chapter 32 of the Grand Island City Code specifically, to
amend Section 32-39 pertaining to the size of address numbers; to repeal Sections 32-39 as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 32-39 of the Grand Island City Code is hereby amended to
read as follows:
§32-39. Size and Color
For any installation or replacement of address numbers on or after October 1,
2008, tThe figures of each number shall be not less than two and one-half four inches in height.
Each figure shall be plain, legible, and of contrasting color with its background. The numbers
shall be maintained in such condition at all times.
Amended by Ordinance No. 9182, effective 10-1-2008
SECTION 2. Section 32-39 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect October 1,
2008.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9183 - Consideration of Creation of Sanitary Sewer District No.
526, Extension of Sanitary Sewer to Serve Grand Island Plaza
Subdivision
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Consideration of Creation of Sanitary Sewer District No.
526, Extension of Sanitary Sewer to Serve Grand Is land
Plaza Subdivision
Item #’s: F-3
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is needed to create a sanitary sewer district. The boundary for the
proposed district was selected to serve the Gordman property, at their request, in
connection with the Capital Avenue widening project. Please refer to attached sketch.
Discussion
The plans for the Capital Avenue widening project show extending the St. Patrick
Avenue sanitary sewer main across Capital Avenue from north to south at the request of
the developer south of Capital Avenue.
If the district is created the sanitary sewer cost would be assessed to the property through
a sanitary sewer assessment district.
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 creation of Sanitary Sewer
District No. 526. A ten (10) year assessment period is recommended.
Sample Motion
Move to approve the creation of Sanitary Sewer District No. 526.
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
ORDINANCE NO. 9183
An ordinance creating Sanitary Sewer District No. 526 of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
assessment of special taxes for construction such sewer and collection thereof; and providing for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 526 is hereby created for the
construction of a ten (10) inch sanitary sewer main and appurtenances thereto for Lot Three (3),
Grand Island Plaza Subdivision and Part of E ½ NE ¼ of Section 12-11-10 in the City of Grand
Island, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1), BLOCK ONE (1),
DICKEY SUBDIVISION, THENCE EAST ON AN EXTENSION OF THE NORTH LINE OF
LOT ONE (1), BLOCK ONE (1), DICKEY SUBDIVISION TO THE EAST LINE OF SAINT
PATRICK AVENUE, THENCE SOUTH ON THE EAST LINE OF SAINT PATRICK
AVENUE TO THE SOUTH LINE OF CAPITAL AVENUE, THENCE EAST ON THE
SOUTH LINE OF CAPITAL AVENUE TO THE NORTHEASTERLY CORNER OF LOT
THREE (3), GRAND ISLAND PLAZA SUBDIVISION THENCE SOUTHEASTERLY AND
SOUTHERLY ON THE EAST LINE OF LOT THREE (3), GRAND ISLAND PLAZA
SUBDIVISION TO THE SOUTHEAST CORNER OF LOT THREE (3), GRAND ISLAND
PLAZA SUBDIVISION, THENCE WESTERLY ON THE SOUTH LINE OF LOT THREE (3),
GRAND ISLAND PLAZA SUBDIVISION AND THE NORTH LINE OF LOT TWO (2),
GRAND ISLAND PLAZA SECOND SUBDIVISION TO THE EAST LINE OF US
HIGHWAY 281, THENCE NORTHERLY ON THE EAST LINE OF US HIGHWAY 281 AND
AN EXTENSION THEREOF TO THE NORTH LINE OF CAPITAL AVENUE, THENCE
EAST ON THE NORTH LINE OF CAPITAL AVENUE TO THE WEST LINE OF SAINT
PATRICK AVENUE, THENCE NORTH ON THE WEST LINE OF SAINT PATRICK
AVENUE TO THE POINT OF BEGINNING.
ORDINANCE NO. 9183 (Cont.)
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SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and thereafter, bids for the construction of such sanitary
sewer will be taken and contracts entered into in the manner provided by law.
SECTION 4. All improvements shall be made at public costs, but the costs
thereof shall be assessed upon the lots and lands in the district specifically benefited thereby as
provided by law.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plate, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be file dint eh
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, 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: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9184 - Consideration of Approving FY 2008-2009 Annual Single
City Budget, The Annual Appropriations Bill Including Addendum
#1
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: September 9, 2008
Subject: Consideration of Approving FY 2008-2009 Annual
Single City Budget, The Annual Appropriations Bill
Including Addendum #1
Item #’s: F-4
Presenter(s): Dave Springer, Finance Director
Background
On August 12, 2008, the City Council held a Public Hearing to receive public input
relative to the proposed FY 2008-2009 Annual Single City Budget. Following the Public
Hearing, the Finance Director presented the budget and conducted a work session.
Discussion
The following action relative to the budget is included on this evening’s agenda:
Consideration of the FY 2008-2009 Annual Single City Budget, The Annual
Appropriations Bill, including Addendum #1 (Changes made during the budget work
session and prior to tonight). Related items to be considered by the City Council at the
September 9th meeting include the holding of a public hearing to address the change in
property tax asking, and setting the FY 2008-2009 General All Purpose Property Tax,
CRA, and Parking District #2 (Ramp) levies. The budget must be submitted to the state
by September 20, 2008.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the City Budget and Addendum.
2. Modify the Budget to meet the wishes of the Council
Recommendation
City Administration recommends that the Council approve the budget and addendum as
presented.
Sample Motion
Move to approve the FY 2008-2009 Annual Single City Budget, The Annual
Appropriations Bill, Including Addendum #1.
INCREASE
Page 1 of 2 (DECREASE)
FUND
FUND DEPARTMENT CHANGE ACCT #APPROPRIATION
General Mayor Mayor Forgave 2009 Salary 10011203-Payroll (14,025)
General Finance IBEW-Contract Wage Changes 10011401-Payroll 7,679
General Fire/Ambulance Increase from salary ordinance 10022101-02-Payroll 13,147
General Fire Decrease operating expenses 85540,85546,85590 (20,000)
General Fire Remove training tower capital expense 10022101-85612 (30,000)
General Emergency Mgmt Remove FTE-Communication Specialist 10022601-Payroll (48,657)
General Emergency Mgmt Remove Department Capital 10022605-85615 (86,500)
General Streets Decrease contract services/street resurfacing 10033506-85213&85354 (350,000)
General Library Remove FTE's-Increase from salary ordinance 10044301-Payroll (41,784)
CHANGE IN APPROPRIATION (570,140)
PROPOSED APPROPRIATION 36,661,936
AMENDED APPROPRIATION 36,091,796
310 Fund Debt Service
CHANGE IN APPROPRIATION Remove 2 million bond debt-fees 31050158-85725 (56,000)
PROPOSED APPROPRIATION 1,655,462
AMENDED APPROPRIATION 1,599,462
400 Fund Capital Improve Fiber Optic Connections 40015025-90002 50,000
400 Fund Capital Improve Fire Training Center 40015025-90170 (50,000)
400 Fund Capital Improve Annual Paving Project 40033530-90060 (100,000)
400 Fund Capital Improve Heartland Public Shoot Park 40044450-90026 (150,000)
400 Fund Capital Improve Decrease Misc Safety-Railroad Horns 40033535-90078 (125,000)
400 Fund Capital Improve Moving expense from 2008 to 2009 40033520-90013 209,000
400 Fund Capital Improve Moving expense from 2008 to 2009 40033520-90114 872,653
400 Fund Capital Improve Moving expense from 2008 to 2009 40033530-90065 269,644
400 Fund Capital Improve Moving expense from 2008 to 2009 40033535-90078 169,400
400 Fund Capital Improve Drainway Construction 40033520-90018 250,000
CHANGE IN APPROPRIATION 1,395,697
PROPOSED APPROPRIATION 3,391,000
AMENDED APPROPRIATION 4,786,697
505 Fund Solid Waste
CHANGE IN APPROPRIATION Move GPS Equip purchase from 2008 to 2009 50530043-85615 80,000
PROPOSED APPROPRIATION 2,889,477
AMENDED APPROPRIATION 2,969,477
530 Fund WWTP Increase from Salary Ordinance 53030001-Payroll 2,884
530 Fund WWTP 10% Engineer Fees-Install Mechanism Primaries 53030054-85213 99,000
CHANGE IN APPROPRIATION 101,884
PROPOSED APPROPRIATION 12,494,650
AMENDED APPROPRIATION 12,596,534
FISCAL YEAR 2008-2009 ADDENDUM TO PROPOSED BUDGET
INCREASE
Page 2 of 2 (DECREASE)
FUND
FUND DEPARTMENT CHANGE ACCT #APPROPRIATION
605 Fund Info Technology
CHANGE IN APPROPRIATION IBEW-Contract Wage Changes 60510001-Payroll 27,534
PROPOSED APPROPRIATION 1,041,832
AMENDED APPROPRIATION 1,069,366
GENERAL FUND (570,140)
DEBT SERVICE FUND (56,000)
CAPITAL IMPROVEMENTS FUND 1,395,697
ENTERPRISE FUNDS 181,884
INTERNAL SERVICE FUNDS 27,534
CHANGE IN APPROPRIATION 978,975
PROPOSED APPROPRIATION 145,538,070
AMENDED APPROPRIATION 146,517,045
FISCAL YEAR 2008-2009 ADDENDUM TO PROPOSED BUDGET
2009 Summary of Addendum to Proposed Budget Appropriations
Approved as to Form ¤ ___________
September 3, 2008 ¤ City Attorney
ORDINANCE NO. 9184
An ordinance known as "The Annual Appropriation Bill" of the City of Grand
Island, Nebraska, to adopt the proposed budget statement pursuant to the Nebraska Budget Act,
as amended by Addendum #1, for the fiscal year commencing October 1, 2008 and ending
September 30, 2009 to provide for severability; 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. An appropriation is hereby made for the ensuing fiscal year to
defray all necessary expenses and liabilities of City departments, funds, and operations. The
object and purpose of the appropriation shall be to pay for any and all necessary expenses and
liabilities for the following departments, funds, and operations.
Total
Funds Expenditures Transfers Appropriation
General 36,091,796 2,632,000 38,723,796
Permanent Funds 0 0 0
Special Revenue 5,182,022 5,500,000 10,682,022
Debt Service 1,599,462 0 1,599,462
Capital Projects 4,786,697 0 4,786,697
Special Assessments 0 400,000 400,000
Enterprise 87,321,953 805,000 88,126,953
Internal Service 9,924,161 180,000 10,104,161
Agency 940,650 0 940,650
Trust 670,304 1,402,304 2,072,608
Total appropriation
All Funds 146,517,045 10,919,304 157,436,349
ORDINANCE NO. 9184 (Cont.)
- 2 -
SECTION 2. The proposed budget statement pursuant to the Nebraska Budget
Act, is hereby amended by Addendum #1 attached hereto and approved and adopted for the
fiscal year beginning October 1, 2008 and ending September 30, 2009.
SECTION 3. If any section, subsection, or any other portion of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed separate, distinct, and independent, and such holding shall not affect the validity of
the remaining portions thereof.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#9185 - Consideration of Amendments to Chapter 13 of the Grand
Island City Code Relative to Occupation Tax for Downtown
Improvement and Parking District No. 1
This item relates to the aforementioned Public Hearing Item E-7.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: September 9 2008
Subject: Consideration of Amending City Code Chapter 13-3
Relative to Tax Rate for Downtown Improvement and
Parking District No. 1
Item #’s: F-5
Presenter(s): Dave Springer, Finance Director
Background
This request is the annual Council action to establish the occupation tax that supports the
budget for Downtown Improvement and Parking District No. 1. Assessments in this
district are based upon an occupation tax on the public space of the businesses operating
within the District and are ordinarily paid by the business occupants of the space. This
district has been in place since 1975, and is primarily focused on physical improvements
and maintenance of public parking lots and green areas and other activities as allowed by
NE. Rev. Statutes 19-4016-4038.
Discussion
The FY 2008-2009 occupation tax factor is $.1480 per square foot of public use space,
with a minimum annual fee of $90.80. Total non-exempt footage in the District is
267,000 which would provide for occupation taxes of $40,000.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the amendment to the city code.
2. Modify the amend ment to meet the wishes of the Council.
3. Deny the amendment.
Recommendation
City Administration recommends that the Council approve the amendment to City Code.
Sample Motion
Move to approve the Amendment to City Code Chapter 13-3 relative to the tax rate for
the Downtown Improvement and Parking District No. 1.
Approved as to Form ¤ ___________
September 5, 2008 ¤ City Attorney
ORDINANCE NO. 9185
An ordinance to amend Chapter 13 of the Grand Island City Code; to amend
Section 3 pertaining to the annual rate of the general license and occupation tax and
classification of businesses; to repeal Section 3 as now existing, and any ordinance or parts of
ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 13-3 of the Grand Island City Code is hereby amended to
read as follows:
§13-3. Tax Rate
The annual rate of the general license and occupation tax and classification of businesses shall be as
follows:
(1) $00.1480 per square foot floor space upon all space used for business and professional offices in the
district; provided,
(2) $90.8093.80 minimum annual tax for any single business or professional office should the tax rate under
(1) above be less than $90.8093.80.
Amended by Ordinance No. 8839, effective 10-1-2003
Amended by Ordinance No. 8934, effective 10-1-2004
Amended by Ordinance No. 9004, effective 10-1-2005
Amended by Ordinance No. 9139, effective 10-1-2007
Amended by Ordinance No. 9185, effective 10-1-2008
SECTION 2. Section 13-3 as now existing, and any ordinances or parts of
ordinances in conflict herewith are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 9185 (Cont.)
- 2 -
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F6
#9186 - Consideration of Creating Business Improvement District
#6, Second Street
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
ORDINANCE NO. 9186
An ordinance amending Chapter 13 Sections 13-71 through 13-76; establishing a
business improvement district; establishing the purpose of such district; describing the
boundaries of such district; establishing that real property in the area will be subject to a special
assessment; establishing a method of assessment; providing for a penalty for failure to pay the
special assessment; repealing ordinances in conflict herewith; providing for severability; and
providing for publication and the effective date of this ordinance.
WHEREAS, the City Council adopted Resolution 2008-220 on August 26, 2008,
which was published on August 28, 2008 in the Grand Island Independent establishing the
intention to create a business improvement district; and
WHEREAS, pursuant to said resolution, a notice of hearing was published and
mailed as required by law, and public hearing duly held at 7:00 p.m. on September 9, 2008, in
the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the
formation of such district; and
WHEREAS, the proposed business improvement district is located within the
boundaries of an established area of the City zoned for business, public, or commercial purposes;
and
WHEREAS, the City Council now finds and determines that a business
improvement district should be created in accordance with the proposal contained in said
resolution of August 26, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
ORDINANCE NO. 9186 (Cont.)
- 2 -
SECTION 1. Article X and Chapter 13 Sections 71 through 76 of the Grand
Island City Code are amended to read:
ARTICLE X. Business Improvement District No. 6
§13-71 Creation of District.
There is hereby created and established a business improvement district pursuant to Chapter 19,
Article 40, Revised Statutes of Nebraska, 1943, as amended, to be known as Business
Improvement District No. 6 of the City of Grand Island, Nebraska.
§13-72 Purpose
The purpose, public improvements and facilities to be included in said district shall be:
(A) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes, and plantings and
maintenance, repair, and reconstruction of any improvements or facilities authorized by the
Business Improvement District Act, including, but not limited to: maintenance and improvement
of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler
system in the greenway; regular mowing and trimming of the greenway; all facets of the
purchase, care and replacement of trash receptacles, benches, welcome signs, streetscape
improvements, trees, shrubs and grass and other decorative improvements; snow removal from
the sidewalks parallel to Second Street; employment of or contracting for personnel, purchase of
equipment, materials, supplies or other expenses to accomplish the purposes of the district; other
incidental or ongoing expenses as needed for the maintenance, improvement and beautification
of the green belt area and to accomplish the goals and objectives of the Business Improvement
Board of the district.
(B) The district may employ or contract for personnel for any improvement program
under the act, and providing for any service as may be necessary or proper to carry out the
purposes of the act, including, but not limited to, activities, projects, staff, consulting services,
materials, equipment, supplies, and services necessary or convenient for the management of the
affairs of the business improvement district, to include budget development and supervision,
representation of the interests of the district to public and private entities, research, development,
travel, training, development and implementation of business and residential recruitment and
retention projects, downtown beautification projects and activities which contribute to regaining,
sustaining or improving the economic health and viability of the district and the implementation
of the goals and objectives of the Business Improvement Board.
(C) Any other project or undertaking for the betterment of the public facilities in the
district area, whether the project be capital or noncapital in nature.
ORDINANCE NO. 9186 (Cont.)
- 3 -
§13-73 District Boundaries
The outer boundaries of Bus iness Improvement District No. 6 are described as follows:
Beginning at a point on the Westerly line of Eddy Street, said point being One
Hundred Thirty-Two Feet (132') Southeast of the Intersection of the Southerly line of
Second Street and the Westerly line of Eddy Street; thence Westerly on a line One
Hundred Thirty-Two Feet (132') Southeast and parallel to the Southerly line of
Second Street to a point Sixty-Six Feet (66') Northeast of the Easterly line of
Greenwich Street; thence Southerly on a line Sixty-Six Feet (66') Northeast of and
parallel to the Easterly line of Greenwich Street to the Northerly line of First Street;
thence Westerly on the Northerly line of First Street to a point Sixty-Six Feet (66')
Southwest of the Westerly line of Greenwich Street; thence Northerly on a line Sixty-
Six Feet (66') Southwest of and parallel to the Westerly line of Greenwich Street to a
point One Hundred Thirty-Two Feet (132') Southeast of the Southerly line of Second
Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast of
and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66')
Northeast of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66')
Northeast of and parallel to the Easterly line of Broadwell Avenue to the Northerly
line of First Street; thence Westerly on the Northerly line of First Street to a point
One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of the
Westerly line of Broadwell Avenue; thence Northerly on a line One hundred thirty-
five and sixty-nine hundredths Feet (135.69') Southwest of and parallel to the
Westerly line of Broadwell Avenue Sixty-five and seventy-six hundredths feet
(65.76’); thence Westerly on a line parallel to the Northerly line of First Street
twenty-three Feet (23’); thence Northerly on a line parallel to the Westerly line of
Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Southeast of the
South line of Second Street; thence Westerly on a line One Hundred Thirty-Two Feet
(132') Southeast of and parallel to the Southerly line of Second Street to the Easterly
line of Garfield Avenue; thence Northerly on the Easterly line of Garfield Avenue to
a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of
Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132')
Northwest of and parallel to the Northerly line of Second Street to a point Sixty-Six
Feet (66') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a
line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Broadwell
Avenue to the Southerly line of Union Pacific Railroad Right-of-Way; thence
Easterly on the Southerly line of Union Pacific Railroad to a point Sixty-Six Feet
(66') Northeast of the Easterly line of Broadwell Avenue; thence Southerly on a line
Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell
Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly
line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132')
Northwest of and parallel to the Northerly line of Second Street to the Westerly line
of Eddy Street; thence Southeast on the Westerly line of Eddy Street to the point of
beginning.
ORDINANCE NO. 9186 (Cont.)
- 4 -
Commonly owned properties that are intersected by a boundary line establishing the district shall
be considered as entirely within the district unless otherwise determined by the City Council
when sitting as a Board of Equalization.
§13-74 Special Assessments
The real property located within the boundaries of Bus iness Improvement District No. 6 shall be
subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through
19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business
Improvement District Act.
§13-75 Assessment Method
The method of assessment to be imposed within said district shall be as follows:
(A) In a timely fashion each year, except the initial creating year, a proposed budget
shall be prepared for Business Improvement District No. 6 for the ensuing fiscal year to
commence on the first day of October and end on the following last day of September.
(B) Said proposed budget shall be considered by the city council during open session at a
regularly scheduled city council meeting. Following such consideration, a proposed assessment
schedule shall be prepared.
(C) The amount of the special assessment for each property shall be based upon the
special benefits to the property as fairly and equitably assessed by the City Council and
calculated in accordance with the following formula:
The assessments shall be levied annually as the front footage of the individual real
property within the district calculated as the distance between the furthest east line and the
furthest west line of each parcel divided by total front footage calculated in the same fashion of
all assessable property in the district times the total special assessment equals individual special
assessment. The record owners of the front footages to be used in the above formula shall be the
owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of
January of the current year. Based upon the recommendation of the Business Improvement
District Board, properties within the district not immediately adjacent to Second Street will be
assessed at 0% of front footage in the first year but may receive special benefit is subsequent
years for projects along side streets. Owners of property exempt from ad valorem taxes are
encouraged to support District activities, promotions, and improvements but property exempt
from ad valorem taxes will not be subject to special assessment for this Business Improvement
District. Property owned by the Federal Government, the State of Nebraska and political
subdivisions thereof shall not be subject to special assessment for this Business Improvement
District.
ORDINANCE NO. 9186 (Cont.)
- 5 -
(D) The proposed district shall become effective on October 1, 2008 for a period of five
years to terminate on September 30, 2013. The estimated total annual budget for costs and
expenses of the work to be performed within such district during the first year totals $43,800.
The estimated total first-year budget by area of work is as follows:
Beautification $38,500
Administration and maintenance $ 5,300
In the subsequent four years, the maximum amount of annual assessment and annual budget for
the district may be more or less than the first year assessment and budget amounts but the total
budgeted assessment and expenditures will not exceed $183,600 during the 5 year term of the
District, the same being the estimated costs of all projects and maintenance requirements. The
assessments levied for the first year shall not exceed $43,800. The specific improvements for the
first year are listed for purposes of estimating the costs and expenses of performing the proposed
work and improvements. Although the district is proposed for a five-year period, the City
council, after public hearing, shall approve an annual budget for specific improvements in each
succeeding year consistent with the ordinance creating the district. The City Council retains the
authority to change, modify and remove proposed improvements; however, the proposed
improvements cannot exceed the scope of improvements and the annual assessment cannot
exceed the maximum amounts of the annual assessment as provided by the ordinance creating
the district.
(E) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended.
(F) The city council, sitting as a Board of Equalization, shall levy the special
assessments on all properties at one time, in accordance with the method of assessment provided
above. If the city council finds that the proposed method of assessment does not provide a fair
and equitable method of apportioning costs, then it may assess the costs under such method as
the city council finds to be fair and equitable.
(G) Said assessments shall be payable in one installment to be come delinquent fifty (50)
days after the date of such levy. Delinquent payments shall draw interest at the rate specified in
NE. Rev. Statutes Section 45-104.01, as amended. All special assessments provided herein shall
be a lien on the property assessed superior and prior to all other liens except general taxes and
other special assessments which shall be of equal priority. Liens for special assessments may be
foreclosed and are subject to interest at the statutory rate when payment of the assessment is
delinquent as provided by law. No special assessment made hereunder shall be void for any
irregularity, defect, error or informality in procedure, in levy or equalization thereof.
§13-76 Disestablishment Procedure
ORDINANCE NO. 9186 (Cont.)
- 6 -
In the event requests to disestablish this business improvement district are made and filed with
the city clerk within any (30) day period by owners of real property representing fifty percent
(50%) or more of the total value of the real property within the district as shown in the office of
the Hall County Assessor on the first day of January of the current year, the city council may
disestablish the district by ordinance after a hearing before the city council. The city council shall
adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing.
The resolution shall give the time and place of the hearing. After hearing, the city council may
disestablish the district as provided in the Business Improvement District Act.
SECTION 2. Any ordinance or ordinances in conflict herewith, be and hereby
are, repealed.
SECTION 3. If any section, subsection, sentence, phrase, or clause, of this
ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect
the validity of the remaining portions of this ordinance.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval and publication, in pamphlet form, within fifteen days in one issue of the
Grand Island Independent as provided by law.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F7
#9187 - Consideration of Creating Business Improvement District
#7, South Locust from Stolley Park Road to Highway 34
This item relates to the aforementioned Public Hearing Item E-6.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Approved as to Form ¤ ___________
September 3, 2008 ¤ City Attorney
ORDINANCE NO. 9187
An ordinance amending Chapter 13 Sections 13-81 through 13-86; establishing a
business improvement district; establishing the purpose of such district; describing the
boundaries of such district; establishing that real property in the area will be subject to a special
assessment; establishing a method of assessment; providing for a penalty for failure to pay the
special assessment; repealing ordinances in conflict herewith; providing for severability; and
providing for publication and the effective date of this ordinance.
WHEREAS, the City Council adopted Resolution 2008-221 on August 26, 2008,
which was published on August 28, 2008 in the Grand Island Independent establishing the
intention to create a business improvement district; and
WHEREAS, pursuant to said resolution, a notice of hearing was published and
mailed as required by law, and public hearing duly held at 7:00 p.m. on September 9, 2008, in
the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, concerning the
formation of such district; and
WHEREAS, the proposed business improvement district is located within the
boundaries of an established area of the City zoned for business, public, or commercial purposes;
and
WHEREAS, the City Council now finds and determines that a business
improvement district should be created in accordance with the proposal contained in said
resolution of August 26, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
ORDINANCE NO. 9187 (Cont.)
- 2 -
SECTION 1. Article XI and Chapter 13 Sections 81 through 86 of the Grand
Island City Code are amended to read:
ARTICLE XI. Bus iness Improvement District No. 7
§13-81 Creation of District.
There is hereby created and established a business improvement district pursuant to Chapter 19,
Article 40, Revised Statutes of Nebraska, 1943, as amended, to be known as Business
Improvement District No. 7 of the City of Grand Island, Nebraska.
§13-82 Purpose
The purpose, public improvements and facilities to be included in said district shall be:
(A) Improvement of any public place or facility in the district area, including
landscaping, physical improvements for decoration or security purposes, and plantings and
maintenance, repair, and reconstruction of any improvements or facilities authorized by the
Business Improvement District Act, including, but not limited to: maintenance and improvement
of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler
system in the greenway; regular mowing and trimming of the greenway; all facets of the
purchase, care and replacement of trash receptacles, benches, welcome signs, streetscape
improvements, trees, shrubs and grass and other decorative improvements; snow removal from
the sidewalks parallel to S. Locust; employment of or contracting for personnel, purchase of
equipment, materials, supplies or other expenses to accomplish the purposes of the district; other
incidental or ongoing expenses as needed for the maintenance, improvement and beautification
of the green belt area and to accomplish the goals and objectives of the Business Improvement
Board of the district.
(B) The district may employ or contract for personnel for any improvement program
under the act, and providing for any service as may be necessary or proper to carry out the
purposes of the act, including, but not limited to, activities, projects, staff, consulting services,
materials, equipment, supplies, and services necessary or convenient for the management of the
affairs of the business improvement district, to include budget development and supervision,
representation of the interests of the district to public and private entities, research, development,
travel, training, development and implementation of business and residential recruitment and
retention projects, downtown beautification projects and activities which contribute to regaining,
sustaining or improving the economic health and viability of the district and the implementation
of the goals and objectives of the Business Improvement Board.
(C) Any other project or undertaking for the betterment of the public facilities in the
district area, whether the project be capital or noncapital in nature.
ORDINANCE NO. 9187 (Cont.)
- 3 -
§13-83 District Boundaries
The outer boundaries of Bus iness Improvement District No. 7 are described as follows:
Beginning at the Southeast corner of Section Twenty-Eight (28), Township
Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska;
thence West on the South line of Section Twenty-Eight (28), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M. for a distance of Two Hundred
Feet (200'); thence Northerly on a line Two Hundred Feet (200') West of and
parallel to the East line of Section Twenty-Eight (28), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M. to the North line of Section Twenty-
Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.;
thence East on the North line of Section Twenty-Eight (28), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M. to the Northeast corner of
Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of
the 6th P.M.; thence continuing East on the North line of Section Twenty-Seven
(27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a
distance of Three Hundred Seventy-Five Feet (375'); thence South on a line Three
Hundred Seventy-Five Feet (375') East of and parallel to the West line of Section
Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M. to the South line of Section Twenty-Seven (27), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M.; thence West on the South line of
Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West
of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375') to the
point of beginning.
Commonly owned properties that are intersected by a boundary line establishing the district shall
be considered as entirely within the district unless otherwise determined by the City Council
when sitting as a Board of Equalization.
§13-84 Special Assessments
The real property located within the boundaries of Bus iness Improvement District No. 7 shall be
subject to special assessment as authorized by Chapter 19, Article 40, Sections 19-4015 through
19-4038, Revised Statutes of Nebraska, 1943, as amended, also known as the Business
Improvement District Act.
§13-85 Assessment Method
The method of assessment to be imposed within said district shall be as follows:
ORDINANCE NO. 9187 (Cont.)
- 4 -
(A) In a timely fashion each year, except the initial creating year, a proposed budget
shall be prepared for Business Improvement District No. 7 for the ensuing fiscal year to
commence on the first day of October and end on the following last day of September.
(B) Said proposed budget shall be considered by the city council during open session at a
regularly scheduled city council meeting. Following such consideration, a proposed assessment
schedule shall be prepared.
(C) The amount of the special assessment for each property shall be based upon the
special benefits to the property as fairly and equitably assessed by the City Council and
calculated in accordance with the following formula:
The assessments shall be levied annually as the front footage of the individual real
property adjacent to S. Locust Street within the district divided by total front footage of all
assessable property in the district times the total special assessment equals individual special
assessment. The record owners of the front footages to be used in the above formula shall be the
owners, as shown in the office of the Hall County Register of Deeds, in effect on the first day of
January of the current year. Owners of property exempt from ad valorem taxes are encouraged
to support District activities, promotions, and improvements but property exempt from ad
valorem taxes will not be subject to special assessment for this Business Improvement District.
Property owned by the Federal Government, the State of Nebraska and political subdivisions
thereof shall not be subject to special assessment for this Business Improvement District.
(D) The proposed district shall become effective on October 1, 2008 for a period of five
years to terminate on September 30, 2013. The estimated total annual budget for costs and
expenses of the work to be performed within such district during the first year totals $45,000.
The estimated total first-year budget by area of work is as follows:
Beautification $ 4,100
Implementation and maintenance $40,900
In the subsequent four years, the maximum amount of annual assessment and annual budget for
the district may exceed the first year assessment and budget amounts but the total budgeted
assessment and expenditures will not exceed $250,000 during the 5 ye ar term of the District, the
same being the estimated costs of all projects and maintenance requirements. The assessments
levied for the first year shall not exceed $45,000. The specific improvements for the first year are
listed for purposes of estimating the costs and expenses of performing the proposed work and
improvements. Although the district is proposed for a five-year period, the City council, after
public hearing, shall approve an annual budget for specific improvements in each succeeding
year consistent with the ordinance creating the district. The City Council retains the authority to
change, modify and remove proposed improvements; however, the proposed improvements
cannot exceed the scope of improvements and the annual assessment cannot exceed the
maximum amounts of the annual assessment as provided by the ordinance creating the district.
ORDINANCE NO. 9187 (Cont.)
- 5 -
(E) Notice of the proposed assessment shall be published as required by NE. Rev.
Statutes Section 19-4030, as amended.
(F) The city council, sitting as a Board of Equalization, shall levy the special
assessments on all properties at one time, in accordance with the method of assessment provided
above. If the city council finds that the proposed method of assessment does not provide a fair
and equitable method of apportioning costs, then it may assess the costs under such method as
the city council finds to be fair and equitable.
(G) Said assessments shall be payable in one installment to be come delinquent fifty (50)
days after the date of such levy. Delinquent payments shall draw interest at the rate specified in
NE. Rev. Statutes Section 45-104.01, as amended. All special assessments provided herein shall
be a lien on the property assessed superior and prior to all other liens except general taxes and
other special assessments which shall be of equal priority. Liens for special assessments may be
foreclosed and are subject to interest at the statutory rate when payment of the assessment is
delinquent as provided by law. No special assessment made hereunder shall be void for any
irregularity, defect, error or informality in procedure, in levy or equalization thereof.
§13-86 Disestablishment Procedure
In the event requests to disestablish this business improvement district are made and filed with
the city clerk within any (30) day period by owners of real property representing fifty percent
(50%) or more of the total value of the real property within the district as shown in the office of
the Hall County Assessor on the first day of January of the current year, the city council may
disestablish the district by ordinance after a hearing before the city council. The city council shall
adopt a resolution of intention to disestablish the area at least fifteen days prior to the hearing.
The resolution shall give the time and place of the hearing. After hearing, the city council may
disestablish the district as provided in the Business Improvement District Act.
SECTION 2. Any ordinance or ordinances in conflict herewith, be and hereby
are, repealed. Specifically Sections 13-40 through 13-45 and Sections 13-46 through 13-49 are
repealed and reserved.
ORDINANCE NO. 9187 (Cont.)
- 6 -
SECTION 3. If any section, subsection, sentence, phrase, or clause, of this
ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect
the validity of the remaining portions of this ordinance.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage, approval and publication, in pamphlet form, within fifteen days in one issue of the
Grand Island Independent as provided by law.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F8
#9188 - Consideration of Sale of Old Fire Station No. 1 Located at
302 South Pine Street
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: September 9. 2008
Subject: Sale of Old Fire Station #1
Item #’s: F-8
Presenter(s): Jim Rowell, Fire Chief
Background
Council declared the old Fire Station #1 at 302 South Pine property as surplus and
directed staff to prepare a Request for Proposal for interested buyers. Proposals were
received and reviewed.
Discussion
An advertisement was published for three consecutive weeks allowing the public the
opportunity to respond to the disposal of this property.
Fourteen requests for proposals were provided to interested parties of which three
submitted proposals. The proposals were reviewed by members of the committee and
evaluated for their response to the criteria in the Request for Proposals. Each committee
member assigned their own score to the proposals and then the proposals were reviewed
in committee. The results were that the most responsive and best offer was from Mr. Hill
as Nebraska Professional Services Inc.
The process then moved to negotiating the best possible agreement with the offerer of the
best proposal. The objective being to increase the value of the offer to the community.
The property where the fire station is located is comprised of four lots and the fire station
stands on two of those lots therefore the buyer of the station would need only the two lots
on which it stands which is lots 12 and 13. By separating the two lots from the remaining
two lots the city can dispose of the remaining lots at a future time in a manner not yet
determined. In order to separate the properties, the steel skeleton structure known as the
training tower will have to be removed. This tower sets on two adjoining lots, numbers
11 and 12. Lot 12 is a part of the property that is being proposed to sell while lot 11 will
be held along with Lot 10 for disposal at a future date. The disposal of the tower is
proposed to be accomplished by the fire department by demolition using fire department
equipment. The department will gain valuable experience training on the use of that
equipment. A period of six months is specified in the agreement to allow for the removal
of the tower.
The original dollar offer was increased by $5,000.00 making it $70,000.00. The land
being sold was reduced by half to two lots allowing future benefit from the disposal of
that property.
The committee believes this to be the best offer and recommends approval.
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 agreement for the sale of
the property at 302 South Pine to David C. Hill from Grand Island, Nebraska in the
amount of $70,000.00.
Sample Motion
Move to approve the agreement to sell the property at 302 South Pine known as old Fire
Station #1 to David C. Hill from Grand Island, Nebraska in the amount of $70,000.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
SALE OF OLD FIRE STATION NO. 1
RFP DUE DATE: February 28, 2008 at 4:00 p.m.
DEPARTMENT: Fire
PUBLICATION DATE: January 17, 2008
NO. POTENTIAL BIDDERS: 15
SUMMARY OF PROPOSALS RECEIVED
Brian L. Schwartz David Hill Nebraska Professional Services
Grand Island NE Grand Island, NE
Retzler Development Group, LLC
Grand Island NE
cc: Jim Rowell, Fire Chief Chris Hoffman, Fire Admin. Assist.
Jeff Pederson, City Administrator David Springer, Finance Director
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Sherry Peters, Legal Secretary
P1225
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT is made between the City of Grand Island, Nebraska, hereinafter
called SELLER, and David C. Hill, hereinafter called the BUYER.
1. Description. The Seller agrees to sell to the Buyer and the Buyer agrees to
purchase from the Seller the following real property:
Lots Twelve and Thirteen (12 & 13) of Campbell’s Subdivision in the City Of
Grand Island, Hall County, Nebraska.
2. Default. It is agreed that if the Buyers default in the payments or in the
performance of any other terms of this contract for a period of thirty (30) days after any of the
payments are due, the Seller may take any action, including specific performance, afforded to the
Seller under Nebraska Law.
3. Consideration. The Buyers agree to pay the sum of $70,000.00 at closing which
shall be held within 30 days after the remonstrance period.
4. Warranty of Real Improvements. The Buyer acknowledges that Buyer has
made a full and complete inspection of all real improvements, including residence, if any, and
have received from the Seller all information and data pertaining thereto which the Buyer desires
or require. The Buyer acknowledges that neither the Seller nor anyone acting on behalf of the
Seller has made any representation with respect to the real improvements including the premises,
the physical condition of the real improvements or the state of repair or maintenance. The Buyer
acknowledges that Buyer is not relying on any statement or representation with respect to any
real improvements other than those obtained by the Buyer from sources other than the Sellers or
any one acting on behalf of the Seller. Buyer agrees to accept the real improvements "as is" and
in the real improvements' present condition and state of repair. The Buyer acknowledges that the
Seller is making no warranties, express or implied, with respect to the conditions of the premises.
The Buyer agrees that, except if specifically provided, the Seller is not liable or bound in any
manner by express warranties pertaining to any real improvements on the real estate, including
the residence. This purchase agreement includes all prior negotiations, conversations,
understanding and agreements between the parties, oral or written, which are all merged in this
agreement. The Seller has previously disclosed the presence of asbestos in the building
5. Abstract or Title Insurance. Title insurance shall be provided and shall be paid
50% by seller and 50% plus lender’s coverage and riders by the buyer.
6. Type of Title. The Seller will execute and convey a Warranty Deed. The
Grantee in the Deed is hereby specified by Buyer as follows:
David C. Hill.
7. Taxes. The City was exempt from ad valorem taxes.
8. Possession - Closing. Possession of the real property will be given the Buyer by
the Seller at closing of the transaction.
9. Title. Title to the real property and any personal property conveyed will remain
in Seller until closing.
10. Transfer Tax. The Seller agrees to pay any transfer tax as required by the State
of Nebraska on the purchase price at the time of closing.
11. Liens and encumbrances. All parties agree to keep the property described free
from any liens and encumbrances unless otherwise stated.
12. Assignment. The Buyer may not sell or assign this contract without the written
consent of the Seller except that the title being conveyed may be placed in a partnership or a
corporation formed by the Buyer, not to include any other parties except the Buyer or his spouse.
13. Insurance. Insurance will be maintained for fire and extended coverage on the
improvements until closing.
14. Training tower. Seller reserves a right of ingress and egress over the property
conveyed for the purpose of dismantling and removing the training tower located partially upon
lot 12. The right of ingress and egress will be for six months from the date of closing during
which period the tower (except slab and foundation) will be removed by the City. It is
understood that the tower is not included in the sale of this real estate. Any bolts or anchors will
be cut off flush with the slab or foundation after the tower is removed but the slab and foundation
will not be removed by the City. The City agrees to hold buyer harmless from any claims of third
parties for injuries arising out of the presence of the tower prior to its removal.
15. Water, Sewer, Zoning and Survey. The property and real improvements are
sold and conveyed subject to the following matters which shall not constitute objections to title
and will be permitted exceptions.
A. All zoning and building laws, ordinances and regulations of state, local and federal
authorities having jurisdiction which effect the improvements and the use of the improvements,
including private water sources; private septic tanks either in lands in the county or within city or
village limits.
B. Any stated facts or conditions an accurate survey or personal inspection made of the
premises at the time of closing would disclose, including any leasehold rights and including
easements of record or easily visible or known to the Buyer.
16. Lease. The property is not currently subject to a lease.
17. Covenants. It is mutually agreed that all of the covenants contained shall extend
to and be obligatory upon the heirs, personal representatives and assigns of the parties.
18. Allocation of Expenses of Sale. The parties agree that the expenses of closing
the sale transaction shall be allocated as follows:
Buyer is responsible for the cost of recording the deed and a portion of title insurance
expenses as set forth in paragraph 5. Those payments will be made directly to the
Register of deeds and the title insurance company. Each party will pay its own attorneys’
fees.
19. Remonstrance. The sale of real estate by the City is subject to the citizens’ right
of remonstrance. In the event of remonstrance, this agreement shall become void and
neither party shall be entitled to damages from the other.
20. FUNDS AT CLOSING. STATE LAW NOW REQUIRES BUYER AND
SELLER TO REMIT PURCHASE PRICE AND CLOSING COSTS BY GOOD FUNDS
ONLY. THIS MEANS THAT ALL FUNDS NEEDED AT CLOSING MUST BE IN THE
FORM OF A CASHIER'S CHECK, MONEY ORDER, CASH OR CERTIFIED BANK
DRAFT. PERSONAL CHECKS WILL NOT BE ACCEPTED AT CLOSING AND WILL
RESULT IN THE DELAY OF CLOSING.
IN WITNESS WHEREOF the parties have hereunto executed this agreement in
duplicate original counterparts on the dates as shown by their respective signatures.
The City of Grand Island, Nebraska
Dated: __________________ _____________________________
Margaret Hornady, Mayor
David C. Hill.
Dated: __________________ _____________________________
David C. Hill
STATE OF NEBRASKA
ss:
COUNTY OF HALL
Before me, a notary public duly qualified for said county, personally came Margaret
Hornady, Mayor of Grand Island, Nebraska, known to me to be the identical persons who signed
the foregoing instrument and acknowledged the execution thereof to be her voluntary act on
behalf of the City of Grand Island.
Witness my hand and notary seal on the ______ day of _______________, 2008.
_____________________________
Notary Public
STATE OF NEBRASKA
ss:
COUNTY OF HALL
Before me, a notary public duly qualified for said county, personally came David C. Hill,
known to me to be the identical persons who signed the foregoing instrument and acknowledged
the execution thereof to be his voluntary act.
Witness my hand and notary seal on the ______ day of _______________, 2008.
_____________________________
Notary Public
REAL ESTATE CONTRACT SUPPLEMENTAL INFORMATION
SELLER:
Name(s):_____________________________________ ( ) Single
_____________________________________ ( ) Husband & Wife
Address:____________________________________
City, State, Zip:___________________________
Phone #:_________________________ Day
_________________________ Evening
SSN: _________________________ SSN: _________________________
BUYER:
Name(s):_____________________________________ ( ) Single
_____________________________________ ( ) Husband & Wife
(Names in which Title to be taken) ( ) JT WROS
( ) Ten. in Common
Address:_____________________________________
City, State, Zip:____________________________
Phone #:_________________________ Day
_________________________ Evening
SSN: _________________________ SSN: _________________________
LENDER:
Name: _____________________________________
Address:_____________________________________
City, State, Zip:____________________________
Phone #:_____________________________________
( ) Abstract ( ) Title Ins. (Coverage Amt.)
( ) Owner's $___________( ) Lender's $___________
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
ORDINANCE NO. 9188
An ordinance directing and authorizing the sale of real estate to David C. Hill;
providing for the giving of notice of such conveyance and the terms thereof; providing for the
right to file a remonstrance against such conveyance; providing for publication and the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The City of Grand Island, Nebraska, will convey to David C. Hill. a
tract of land legally described as:
Lots Twelve and Thirteen (12 & 13) of Campbell’s Subdivision to the City of
Grand Island, Hall County, Nebraska
SECTION 2. In consideration for such conveyance the purchaser shall pay the
City the sum of Seventy Thousand and No/100 Dollars ($70,000.00). The buyer will be
responsible for the costs of recording the deed and one half the cost of a title insurance owner’s
policy and all the cost of any lender’s policy. Conveyance of the real estate above described
shall be by warranty deed, upon payment of the consideration pursuant to the terms and
conditions of an Agreement for Warranty Deed between the parties.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
ORDINANCE NO. 9188 (Cont.)
- 2 -
Approved as to Form ‚ ___________
September 4, 2008 • City Attorney
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor sha ll make,
execute and deliver to David C. Hill a warranty deed for said real estate, and the execution of
such deed is hereby authorized without further action on behalf of the City Council.
SECTION 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: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F9
#9189 - Consideration of Occupation Tax on Food Services,
Beverage Places and Restaurants
This item relates to the aforementioned Public Hearing Item E-10.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Approved as to Form ¤ ___________
September 5, 2008 ¤ City Attorney
ORDINANCE NO. 9189
An ordinance amend Chapter 23 of the Grand Island City Code; to add Sections
23-64 through Section 23-78 pertaining to food services, drinking places and restaurant tax; to
repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication
and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 23 of the Grand Island City Code is hereby amended to
include Section 23-64 through Section 23-78 to read as follows:
Article VII.
FOOD SERVICES, DRINKING PLACES, AND RESTAURANT TAX
§23-64. Definitions.
As used in this Article, the following words and phrases shall have the meanings ascribed
to them in this section, except where the context clearly indicates or requires a different meaning:
(A) City shall mean the City of Grand Island and the area within the corporate limits
of the City of Grand Island.
(B) Drinking places shall mean any establishment offering the public on premises
consumption of food and/or non-alcoholic beverages. Such businesses include, but are not
limited to, bars, taverns, night clubs, dance halls, restaurants, race tracks, and arenas. The term
shall not include:
(i) any business offering food or beverages free of charge. The term “free of
charge” means without any consideration, donation, contributions, or monetary charges of any
nature paid for access to a facility or its services and, without limitation, requires the absence of
any admission charge, cover charge, table reservation fee, gate charges, seat charges,
entertainment fee, green fees, or required minimum purchase of food, refreshments, or
merchandise.
(ii) any state or county fair.
(C) Finance Director shall mean the Finance Director of the City of Grand Island.
(D) Food shall include all edible refreshment or nourishment, whether solid, semi-
solid, liquid or otherwise, except snack foods, which shall mean unopened bottles or cans of soft
drinks; chewing gum; candy; popcorn, peanuts and other nuts; unopened packages of cookies,
donuts, crackers and potato chips; and other items of essentially the same nature and consumed
for essentially the same purpose which are packaged for home consumption.
(E) Person shall mean any natural person, individual, partnership, association,
organization or corporation of any kind or character engaging in the business of providing food
services, drinking places, or restaurants.
ORDINANCE NO. 9189 (Cont.)
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(F) Restaurant shall mean any place that is kept, used, maintained, advertised, or held
out to the public as a place where food is prepared and sold for immediate consumption on the
premises. The term includes, but is not limited to, cafes, grills, bistros, delicatessens, coffee
shops, bakeries, lunch counters, and sandwich stands. The term includes a space or area within a
hotel, motel, bed and breakfast, boarding house, hospital, or office building where food is sold or
consumed if a separate charge is made for such food. The term does not include:
(i) A grocery store, convenience store, supermarket, or a hotel, motel,
or other place offering lodging, except for any space or area therein designated as a place where
the public may consume food.
(ii) A religious, civic, educational, charitable, governmental, or
political organization exempt from income taxes under the United States Internal Revenue Code
that offers food solely to its members or students.
(iii) A daycare center, public or private, that offers food solely to its
employees or the children staying at the center.
(iv) A convalescent home, nursing home, home for the aged or
infirmed, or substance abuse facility that offers food solely to its residents.
(v) Premises where food is obtained solely from vending machines
operated by coin or card operation regardless of whether the food may be consumed on the
premises.
(vi) Temporary stands at festivals or other similar events from which
food ready for consumption is sold unless entrance to the place at which the food is sold is
subject to an admission charge.
(H) Taxpayer shall mean any person engaged in the food services and drinking places
businesses herein defined who is required to pay the tax herein imposed.
§23-65. Intent and Purpose of Article
(A) The City Council determines and declares that persons engaging in, carrying on,
or pursuing any food services, drinking places business, or restaurant are directly or indirectly
benefited from tourism, that places unique demands on the City’s resources, but which is an
activity that should be promoted and encouraged. Further, people who patronize a business for
food and drinking places purposes within the City and the areas within the corporate limits of the
same are exercising a privilege and generating revenue subject to taxation.
(B) Pursuant to the authority of Nebraska Revised Statute R.R.S. 1943, Section 16-
205, the City Council finds, determines and declares that it is appropriate that a tax be imposed
on all food services, drinking places businesses, and restaurants as herein defined for the purpose
of raising revenues. The foregoing determination is made with due consideration of business in
the City and the relation of business to the municipal welfare, together with relation thereof, to
expenditures required by the City, and with consideration of just, proper and equitable
distribution of the tax burdens within the City and other properly associated matters.
§23-66. Tax Imposed; Collection of Tax
(A) On or after December 1, 2008 and in each calendar month thereafter there is
hereby imposed a food services and drinking places occupational privilege tax upon each and
every person conducting food services, drinking places business, or restaurants within the City
for any period of time during a calendar month. The amount of such tax shall be one and one-
ORDINANCE NO. 9189 (Cont.)
- 3 -
half percent (1½%) of all gross receipts for each calendar month derived from the food services
and drinking places business subject to this tax.
(B) The person engaged in the food services, drinking places business, and/or
restaurants may itemize the tax levied on a bill, receipt, or other invoice to the purchaser, but
each person engaged in food services, drinking places business, or restaurant shall remain liable
for the tax imposed by this section.
(C) Gross receipts subject to the tax shall include receipts from the sale of food and
non-alcoholic beverages. Gross receipts subject to tax shall also include the receipts of sale of
food in a restaurant with facilities for consumptio n on the premises even if the food is not
actually consumed on the premises, including the receipts from prepared “take out”, “drive
through”, or “to go” food, and receipts from the sale of food and non-alcoholic beverages as a
concession at a race track or arena.
§23-67. Tax Imposed for Revenue Purposes; Tax Cumulative
(A) The tax imposed by this article is purely for revenue purposes to support the
government of the City. The levy of the tax under this article is in addition to all other fees,
taxes, excises and licenses levied and imposed under any contract or any other provisions of this
Code or ordinances of the City, in addition to any fee, tax, excise or license imposed by the state.
(B) Payment of the tax imposed by this article shall not relieve the person paying the
same from payment of any other tax now or hereafter imposed by contract or ordinance or by
this Code, including those imposed for any business or occupation he or she may carry on, unless
so provided therein. It is the intent of this Council that the occupational taxes imposed by this
article shall be cumulative except where otherwise specifically provided.
§23-68. Exemptions
(A) The tax imposed by this article shall not be due on:
(a) Any fee received exclusively by a religious, civic, educational, charitable,
governmental, or political organization exempt from income taxes under the United States
Internal Revenue Code.
(b) Any fee received for any scientific and literary lectures or entertainment
as described in Nebraska Revised Statutes Section 16-205.
(c) Any fee received for concerts and all other musical entertainments given
exclusively by the citizens of the City as defined in Nebraska Revised Statutes Section 16-205.
(d) Any fee received by any person engaged in business within the City not
within the taxing power of the City under the Constitution of the United States and the
Constitution and Statutes of the State of Nebraska.
(e) The value of food or beverages furnished by food services and drinking
places to employees as part of their compensation when no charge is made to the employee.
(f) Tips to an employee of a food services and drinking places when the
amount of the tip is wholly in the discretion of the purchaser, whether or not the tip is paid to the
employee or added to the bill and if the sole amount of the tip is turned over to the employee.
Amounts that are added to the price of the meal and required to be paid by the purchaser,
whether or not designated as a tip or a service charge, shall be exempt as a tip to the extent the
mandatory amount does not exceed twenty percent (20%) of the sales price.
ORDINANCE NO. 9189 (Cont.)
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§23-69. Return
(A) Each and every person engaged in the food services, drinking places business
and/or restaurants within the City for the calendar month beginning December 2008, and for
each and every calendar month thereafter, shall prepare and file, on or before the last day of the
month following on a form prescribed by the Finance Director, a return for the taxable calendar
month, and at the same time pay to the Finance Director the tax herein imposed.
(B) The Finance Director may, by regulation, specify a uniform class of taxpayer that
may make reports and remittances quarterly in lieu of monthly taking into consideration the
amount of tax due. In addition, a person subject to the tax imposed herein may, upon written
application to and with the written consent of the Finance Director, make reports and remittances
on a quarterly basis in lieu of monthly. Such quarterly reports shall be due on the 15th day of
April, July, October, and January of each year and shall report the gross receipts and the amount
due for the three (3) months immediately preceding the months in which the reports and
remittances are required.
§23-70. Suspension or Revocation of Other Licenses
(A) No delinquency in payment of the tax herein provided for by this article and no
revocation or conviction for violation of this article shall be grounds for the suspension or
revocation of any other license issued to any person engaged in business within the City by the
Finance Director or any other official of the City under any licensing provisions of this Code or
other ordinances, nor shall the same be grounds for the suspension or revocation of any other
license issued by any licensing authority pursuant to the statutes enacted by the State of
Nebraska.
§23-71. Failure to File Return; Delinquency; Assessment by Finance Director
(A) If any person neglects or refuses to make a return or payment of the taxes as
required by this article, the Finance Director shall make an estimate, based upon such
information as may be reasonably available, of the amount of taxes due for the period or periods
for which the taxpayer is delinquent, and upon the basis of such estimated amount, compute and
assess in addition thereto a penalty equal to ten percent (10%) thereof, together with interest on
such delinquent taxes, at the rate of one percent (1%) per month, or fraction thereof from the date
when due.
(B) The Finance Director shall give the delinquent taxpayer written notice of such
estimated taxes, penalty, and interest, which notice must be served personally or by certified
mail.
(C) Such estimate shall thereupon become an assessment, and such assessment shall
be final and due and payable from the taxpayer to the Finance Director ten (10) days from the
date of service of the notice or the date of mailing by certified mail; however, within such ten
(10) day period the delinquent taxpayer may petition the Finance Director for a revision or
modification of such assessment and shall, within such ten (10) day period, furnish the Finance
Director the facts and correct figures showing the correct amount of such taxes.
(D) Such petition shall be in writing, and the facts and figures submitted shall be
submitted in writing and shall be given under oath of the taxpayer.
(E) Thereupon, the Finance Director shall modify such assessment in accordance with
the facts which he or she deems correct. Such adjusted assessment shall be made in writing, and
ORDINANCE NO. 9189 (Cont.)
- 5 -
notice thereof shall be mailed to the taxpayer within ten (10) days; and all such decisions shall
become final upon the expiration of thirty (30) days from the date of service, unless proceedings
are commenced within that time for appeal in the District Court of Hall County, Nebraska by the
filing of a petition with the Clerk of the Court. This appeal shall be conducted in conformance
with the Nebraska Rules of Civil Procedure and Rules of the Court as may be adopted by the
Court or enacted by the Legislature.
§23-72. Jeopardy Assessment
(A) If the Finance Director finds that the collection of the tax will be jeopardized by
delay, in his or her discretion, he or she may declare the taxable period immediately terminated,
determine the tax, and issue notice and demand for payment thereof, and, having done so, the tax
shall be due and payable forthwith, and the Finance Director may proceed to collect such tax as
hereinafter provided.
(B) Collection may be stayed if the taxpayer gives such security for payment as shall
be reasonably satisfactory to the Finance Director.
§23-73. Administration of Article; Miscellaneous Provisions
(A) Administration by Finance Director. The administration of the provisions of this
article are hereby vested in the Finance Director, who shall prescribe forms in conformity with
this article for the making of returns, for the ascertainment, assessment and collection of the tax
imposed hereunder, and for the proper administration and enforcement hereof.
(B) Duties performed by others. Duties of the Finance Director herein provided may
be performed by any qua lified person designated by the Finance Director.
(C) Notices to be sent by registered or certified mail. All notices required to be given
to the taxpayer under the provisions of this article shall be in writing, and if mailed postpaid by
registered or certified mail, return receipt requested, to him or her at his or her last known
address shall be sufficient for the purposes of this article.
(D) Duty to keep books and records. It shall be the duty of every taxpayer to keep and
preserve suitable records and other books or accounts as may be necessary to determine the
amount of tax for which he/she is liable hereunder.
(i) Records of the gross revenue by which this tax is measured shall be kept
separate and apart from the records of other sales or receipts in order to facilitate the examination
of books and records as necessary for the collection of this tax.
(ii) It shall be the duty of every such taxpayer to keep and preserve for a
period of three (3) years all such books, invoices and other records, which shall be open for
examination at any time by the Finance Director or his or her duly designated persons. If such
person keeps or maintains his books, invoices, accounts or other records, or any thereof, outside
of the state, upon demand of the Finance Director he/she shall make the same available at a
suitable place within the City, to be designated by the Finance Director, for examination,
inspection and audit by the Finance Director or his or her duly authorized persons.
(iii) The Finance Director, in his or her discretion, may make, permit or cause
to be made the examination, inspection or audit of books, invoices, accounts or other records so
kept or maintained by such person outside of the state at the place where same are kept or
maintained or at any place outside the state where the same may be made available, provided
such person shall have entered into a binding agreement with the City to reimburse it for all costs
ORDINANCE NO. 9189 (Cont.)
- 6 -
and expenses incurred by it in order to have such examination, inspection or audit made in such
place.
(E) Investigation of taxpayer’s books. For the purpose of ascertaining the correctness
of a return, or for the purpose of determining the amount of tax due from any person, the Finance
Director or his or her duly authorized persons, may hold investigations and hearings concerning
any matters covered by this article; and may examine any relevant books, papers, records or
memoranda of any such person; and may require the attendance of such person, or any officer or
employee of such person, or of any person having knowledge thereof; and may take testimony
and require proof of his or her information. The Finance Director and his or her duly authorized
persons shall have power to administer oath to such persons.
(F) Sale of business. Whenever any taxpayer sells his/her food services, drinking
places business, or restaurant or quits engaging in such business, any tax payable under this
article shall become immediately due and payable and such person shall immediately make a
report and pay the tax due.
(G) Status of unpaid tax and bankruptcy and receivership. Whenever the business or
property of any taxpayer subject to this article shall be placed in receivership, bankruptcy or
assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes,
penalties, and interest imposed by this article and for which the taxpayer is in any way liable
under the terms of this article shall be a prior and preferred lien against the property of the
taxpayer, except as to pre-existing claims or liens of a bona fide mortgagee, pledgee, judgment
creditor or purchaser whose rights shall have attached prior to the filing of the notice as
hereinafter provided on the property of the taxpayer, other than the goods, stock in trade, and
business fixtures of such taxpayer; and no sheriff, receiver, assignee or other official shall sell
the property of any person subject to this article under process or order of any court without first
ascertaining from the Finance Director the amount of any taxes due and payable under this
article; and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer
to first pay the amount of such taxes out of the proceeds of such sale before making payment of
any monies to any judgment creditor or other claimants of whatsoever kind or nature, except the
cost of the proceedings and other pre-existing claims or liens as above provided.
(H) Release of liens. The tax imposed by this article, together with the interest and
penalties herein provided and the cost of collection which may be incurred, shall be and, until
paid, remain a first and prior lien, except as otherwise provided by the constitution or statute,
superior to all other liens, on all the merchandise, furniture and fixtures, tools and equipment of
the taxpayer within the City, and may be foreclosed by seizing under distraint and sale of so
much of said merchandise, furniture and fixtures, tools and equipment, as may be necessary to
discharge the lien. The lien created by this article shall apply only to tax obligations hereafter
incurred. Any lien for taxes as shown on the records of the county clerks and recorders as herein
provided shall, upon the payment of all taxes, penalties and interest covered thereby, be released
by the Finance Director in the same manner as mortgages or judgments are released.
(I) Statute of Limitations. No suit for collection of any taxes imposed by this article
for any interest thereon or penalties with respect thereto may be instituted, or any other action to
collect the same shall be commenced, nor shall any notice of lien be filed, or distraint warrant be
issued, more than three (3) years after the date on which the tax was or is payable. In case of a
false or fraudulent return with intent to evade tax, the tax, together with interest and penalties
thereon, may be assessed or proceedings for the collection of such taxes may be begun at any
ORDINANCE NO. 9189 (Cont.)
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time. Before the expiration of such period of limitation, the taxpayer and the Finance Director
may agree in writing to an extension thereof; and the period so agreed on may be extended by
subsequent agreement in writing.
§23-74. Recovery of Unpaid Tax by Action at Law
(A) The Finance Director may also treat any such taxes, penalties or interest due and
unpaid as a debt due the City.
(B) In case of failure to pay the taxes, or any portion thereof, or any penalty or
interest thereon when due, the Finance Director may recover at law the amount of such taxes,
penalties and interest in any court of Hall County, Nebraska or of the county wherein the
taxpayer resides or has its principal place of business having jurisdiction of the amounts sought
to be collected.
(C) The return of the taxpayer or the assessment made by the Finance Director, as
herein provided, shall be prima facie proof of the amount due.
(D) Such actions may be actions and attachments, and writs of attachment may be
issued to the constable or sheriff, as the case may be; and in any such proceeding no bond shall
be required of the Finance Director except as may be required by statute, nor shall any constable
or sheriff require of the Finance Director an indemnifying bond for executing the writ of
attachment or writ of execution upon any judgment entered in such proceeding; and, in
accordance with the procedure established by statute, if any, the Finance Director may prosecute
appeals or writs of error in such cases without the necessity of providing bond therefor;
(E) The city attorney, when requested by the Finance Director, with the consent of the
Mayor, may commence an action for the recovery of taxes due under this article; and this remedy
shall be in addition to all other existing remedies, or remedies provided in this article.
§23-75. City a Party to Title Actions for Determination of Lien
In any action affecting the title to real estate or the ownership or rights to possession of
personal property, the City may be made a party defendant for the purpose of obtaining a
judgment or determination of its lien upon the property involved therein.
§23-76. Authority of Finance Director to Waive Penalty
The Finance Director is hereby authorized to waive, for good cause shown, any penalty
assessed as in this article provided; and any interest imposed in excess of six percent (6%) per
annum shall be deemed a penalty.
§23-77. Penalty.
(A) Penalties for deficiencies caused by disregard of rules. If any part of the
deficiency is due to negligence or intentional disregard of authorized rules and regulations with
knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the
total amount of the deficiency; and in such case interest shall be collected at the rate of one
percent (1%) per month, or fraction thereof, on the amount of the deficiency from the time the
return was due, from the person required to file the return, which interest in addition shall
become due and payable within ten (10) days after written notice and demand by the Finance
Director.
ORDINANCE NO. 9189 (Cont.)
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(B) Penalties for deficiencies caused by fraud. If any part of the deficiency is due to
fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total
amount of the deficiency, and in such case the whole amount of the tax that is unpaid, including
the additions, shall become due and payable ten (10) days after written notice and demand by the
Finance Director, and an additional one percent (1%) per month, or fraction thereof, on said
amo unts shall be added from the date the return was due until paid.
§23-78. Severability.
If any provisions, clause, sentence or paragraph of this article or the application thereof to
any person or circumstances shall be held invalid, that inva lidity shall not affect the other
provisions of this article which can be given effect without the invalid provision or application,
and to this end the provisions of this article are declared to be severable.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of August 26, 2008 City Council Regular
Meeting
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
August 26, 2008
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on August 26, 2008. Notice of the meeting was given in The Grand Island Independent
on August 20, 2008.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Councilmember’s Brown, Haase, Zapata, Gericke, Carney, Gilbert, Ramsey,
Niemann, and Meyer. Councilmember Nickerson was absent. The following City Officials were
present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David
Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West
Faidley Avenue fo llowed by the PLEDGE OF ALLEGIANCE.
COMMUNICATION: Mayor Hornady introduced Community Youth Council members Paige
Liess and Claire Mackey.
PUBLIC HEARINGS:
Public Hearing on Request from Hooker Brothers Construction Co. for a Conditional Use Permit
to Stockpile Recyclable Concrete and Asphalt Located at 3016 North Webb Road. Craig Lewis,
Building Department Director reported Hooker Brothers Construction Co. had applied for a
Conditional Use Permit to stockpile concrete and asphalt materials at 3016 North Webb Road It
was recommended council approve the conditional use permit with the following conditions:
(a). The permit shall be granted for a two year period with the possibility of a
renewal at the end of the initial period.
(b). Pumping of material for sale shall not be allowed. Pumping and dredging to reshape
and create an adequate depth of the proposed lake is permissible.
(c). The finished width of developable property adjacent to the public right of way shall
be 300 feet at the time of completion. A setback of 100 feet from any adjacent property
line shall be maintained between any reshaping of the lake or any recycling operation.
(d). Development activities ( including lighting) at the site shall be limited to daylight
hours (15) minutes before sunrise and (15) minutes after sunset Mondays through
Saturday. No development activities shall be permitted on Sundays or from fifteen
minutes after sunset or fifteen minutes before sunrise.
(e). Materials and equipment shall not be stored on the property within any easements or
the regulated floodway as determined by the Federal Emergency Management Agency or
it’s successor and the entity with jurisdiction and authority to enforce floodplain
regulations. No product, material or equipment shall be stored within any easement or in
such a manor that it would violate any safety provisions of the Natio nal Electric Safety
code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon
as practical and such real estate must, at all times be kept in a clean and neat condition.
Page 2, City Council Regular Meeting, August 26, 2008
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any
nature whatsoever shall be dumped, place, or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an
unreasonable hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the
real estate.
(j). Applicant shall not permit the hauling of any material from the premises over and
across any public highway or road unless said material is completely dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from
leaking onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such operations shall be
retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to
leave the same historical natural drainage ways.
(l). If at any time during the life of the permit the operation shall cease for a continuous
12 months the permit shall become void and a renewal shall be obtained before becoming
once again operational.
The following people spoke:
· Theresa Marble, 3004 N. Webb Road – support with conditions as presented by the
Building Department
· Golda Bockbrader, 3005 N. Webb Road – spoke of concerns with depth of lake and water
problems
· Jim Washington, 3012 N. Webb Road - opposed
· Kelley Sok, 3120 N. Webb Road – support with conditions as presented by the Building
Department
· Rod Hooker, Hooker Brothers Construction Company - support
No further public testimony was heard.
Public Hearing and Approval of Revolving Loan Funds for Environmental Review Update at
Cornhusker Army Ammunition Plant/Industrial Park. Joni Kuzma, Community Development
Administrator reported the Reuse Committee met on August 12, 2008 and voted to recommend
the City Council approve use of $43,750 of Reuse funds for the Cornhusker Industrial Park
environmental review. No public testimony was heard.
Public Hearing on Creation of Business Improvement District #8, Downtown. Wes Nespor,
Attorney reported the Mayor and Council set preliminary boundaries and appointed an initial
Board of Director for Business Improvement District #8. The next step in the process was to hold
a public hearing to hear all protests and receive evidence for or against the District and to adopt
the Ordinance formally creating the District.
The following people spoke:
· Galen Lambrecht, 1112 East Street, Wood River – opposed
· Terry Taylor, 222 South Eddy Street – opposed
· Bill Francis, Attorney for five property owners spoke in opposition and submitted a
Protest Petition signed by James S. Reed, Arlene M. Baasch, Richard H. Baasch, Ronald
Page 3, City Council Regular Meeting, August 26, 2008
E. Trumpe, and Larry C. Gerdes. Also commented on a mistake in Resolution #2008-211
setting the boundaries for BID #8.
· Bruce Eberle, 3219 Hiawatha – supported
· Larry Royle, 112 West Charles - opposed
No further public testimony was heard. City Clerk RaNae Edwards read the names of those
owners protesting the district.
Mr. Nespor explained the process of what needed to happen before the Public Hearing was
closed and the opportunity for those present to sign a protest. This matter was delayed to the end
of the meeting.
CONSENT AGENDA: Consent agenda item G-11 was pulled for further discussion. Motion by
Meyer, second by Zapata to approve the Consent Agenda excluding item G-11. Upon roll call
vote, all voted aye. Motion adopted.
Receipt of Official Document – Tort Claim Filed by Jeff Raitt.
Approving Minutes of August 12, 2008 City Council Regular Meeting.
Approving Minutes of August 19 and 20, 2008 City Council Budget Meetings.
#2008-218 – Approving Interlocal Agreement for the Central Nebraska Environmental Complex.
#2008-219 – Approving Grant Application with the Nebraska Environmental Trust for the
Central Nebraska Environmental Complex.
#2008-220 – Approving Resolution of Intent to Create Business Improvement District #6,
Second Street.
#2008-221 – Approving Resolution of Intent to Create Business Improvement District #7, South
Locust Street from Hwy 34 to Stolley Park Road.
#2008-222 – Approving FY 2008-200 Annual Budget for Business Improvement District #4,
South Locust Street from Stolley Park Road to Fonner Park Road and Setting September 23,
2008 for Board of Equalization.
#2008-223 – Approving FY 2008-2009 Annual Budget for Business Improvement District #6,
2nd Street from Garfield Avenue to Eddy Street and Setting September 23, 2008 for Board of
Eq ualization.
#2008-224 – Approving FY 2008-2009 Annual Budget for Business Improvement District #7,
South Locust Street from Stolley Park Road to Highway 34 and Setting September 23, 2008 for
Board of Equalization.
#2008-226 – Approving Revolving Loan Funds for Environmental Review Update at
Cornhusker Army Ammunition Plant/Industrial Park.
Page 4, City Council Regular Meeting, August 26, 2008
#2008-227 – Approving Bid Award for Skid Steer Loader for the Streets Division with Central
Nebraska Bobcat of Grand Island, Nebraska in an Amount of $24,430.00.
#2008-228 – Approving Contract for Anaerobic Digestion System for the Wastewater Division
of the Public Works Department with Black and Veatch of Kansas City, Missouri in an Amount
not-to-exceed $900,000.00.
#2008-229 – Approving Change Order No. 1 for the 2008 Asphalt Resurfacing Project No. 2008-
AC-1 with Gary Smith Construction Company, Inc. of Grand Island Nebraska for an Increase of
$29,216.24 and a Revised Contract Amount of $747,592.92.
#2008-230 – Approving Certificate of Final Completion for the 2008 Asphalt Resurfacing
Project No. 2008-AC-1 with Gary Smith Construction Company, Inc. of Grand Island, Nebraska.
#2008-231 – Approving Contract Amount Correction to Resolution 2008-122; Bid Award to The
Diamond Engineering Company of Grand Island, Nebraska for the Construction of Street
Improvement District No. 1256; Correct Amount of $3,379,328.25.
#2008-232 – Approving Annual Agreement for Operating System and Database Administration
Support with MUNIS, Inc. for September 14, 2008 to September 13, 2009 for Operating System
Support $22,755.32; Munis Licensing and Support $78,977.30; Data Base Service Support
$4,583.25; and User Interface Support $3,000.00.
#2008-233 – Approving Renewal of Boiler and Machinery Insurance for Utilities Department
with Factory Mutual Insurance Company of St. Louis, Missouri in an Amount of $393,651.00.
#2008-234 – Approving Agreement with Platte Valley Weed Management Area for Invasive
Plant Control and River Restoration at no cost to the City.
#2008-235 – Approving One (1) 500W Analog UHF Television Transmitter with Installation
with LARCAN USA of Lafayette, Colorado in an Amount of $36,550.00.
REQUESTS AND REFERRALS:
Consideration of Request from Hooker Brothers Construction Co. for a Conditional Use Permit
to Stockpile Recyclable Concrete and Asphalt Located at 3016 North Webb Road. Craig Lewis,
Building Department Director reported this item related to the aforementioned Public Hearing.
Discussion was held concerning the crushed asphalt and the depth of the lake.
Motion by Gilbert second by Carney to approve the request with conditions as presented at the
Public Hearing.
Motion by Gericke, second by Haase to amend the motion for a two year permit only.
Discussion was held whether Hooker Brothers could come back to Council to continue the
permit after the two years expired. Craig Lewis, Building Department Director stated they could.
Page 5, City Council Regular Meeting, August 26, 2008
Motion by Gilbert, second by Carney to call the question. Upon roll call vote, all voted aye.
Motion adopted.
Upon roll call vote on the amendment to limit the permit to two years, Councilmember’s
Gericke, Zapata, Haase, and Brown voted aye. Councilmember’s Meyer, Niemann, Ramsey,
Gilbert, and Carney voted no. Motion failed.
Upon roll call vote of the main motion, Councilmember’s Brown, Haase, Zapata, Carney,
Gilbert, Ramsey, Niemann and Meyer voted aye. Councilmember Gericke voted no. Motion
adopted.
Consideration of Adding Storm Management System along Stolley Park Road to the FY
2008/2009 Budget. Steve Riehle, Public Works Director reported this item was postponed from
the August 20, 2008 City Council meeting. A PowerPoint presentation was presented on the
Stolley Park and Southwest Drainage system.
Steve Millnitz, 3004 Brentwood Court spoke in support of using City dollars to address this
problem. Tami Waechter, 3011 Brentwood Blvd. spoke in support and presented a petition for
study to create a dewatering district.
A lengthy discussion was held concerning the problems with water drainage in the Brentwood
and Stolley Park Road areas, cleaning out ditches, gate to be added to the Blaine Street storm
drain pipe, concerns with putting water downstream on someone else, costs and time frame for
short term and long term solutions.
City Administrator Jeff Pederson recommended the council create an appropriation in the
amount of $250,000 this year for this area with additional funding to following. Mayor Hornady
commented on the complexity of water issues in the City.
Motion by Gilbert, second by Brown to approve adding the storm management system along
Stolley Park Road to the FY 2008-2009 Budget in the amount of $250,000. Upon roll call vote,
Councilmember’s Nieman, Gilbert, Carney, Gericke, Zapata, Haase and Brown voted aye.
Councilmember’s Meyer and Ramsey voted no. Motion adopted.
Conc lusion of Public Hearing on Creation of Business Improvement District #8, Downtown.
Motion by Carney, second by Ramsey that 12 protests for District #8 are valid but constitute less
than 50% of the assessable units in the District. Upon roll call vote, all voted ayes. Motion
adopted.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#9180 – Consideration of Creating Business Improvement District #8, Downtown
Page 6, City Council Regular Meeting, August 26, 2008
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage.” Councilmember Zapata
second the motion. Upon roll call vote, all voted aye. Motion adopted.
Motion by Meyer, second by Gericke to approve Ordinance #9180.
City Clerk: Ordinance #9180 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9180 on final passage. All those in favor of the passage of this ordinance
on final passage, ans wer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9180 is declared to be lawfully adopted upon publication as required by law.
#2008-225 – Approving FY 2008-2009 Annual Budget for Business Improvement District #8,
Downtown and Setting September 23, 2008 for Board of Equalization.
Motion by Meyer, second by Ramsey to approve Resolution #2008-225. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Haase to approve the Claims for the period of August 13, 2008
through August 26, 2008, for a total amount of $5,524,652.81. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:50 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Request from Debra Waterman, 1116 Orange Road for
Liquor Manager Designation for the United Veterans Club, 1914
West Capital Avenue
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 9, 2008
Subject: Request from Debra Waterman, 1116 Orange Road for
Liquor Manager Designation for the United Veterans
Club, 1914 West Capital Avenue
Item #’s: G-2
Presenter(s): RaNae Edwards, City Clerk
Background
Debra Waterman, 1116 Orange Road has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Class “C-08618”
Liquor License for the United Veterans Club, 1914 West Capital Avenue.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Debra Waterman, 1116 Orange Road for Liquor
Manager Designation in conjunction with the Class “C-08618” Liquor License for the
United Veterans Club, 1914 West Capital Avenue with the stipulation that Ms. Waterman
complete a state approved alcohol server/seller training program.
Item G3
#2008-236 - Approving Acquisition of Utility Easement - 820 N.
Webb Road - LBJM, LLC
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-236
WHEREAS, a public utility easement is required by the City of Grand Island, from LBJM,
LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers;
and;
WHEREAS, a public hearing was held on September 9, 2008, for the purpose of discussing
the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more
particularly described as follows:
Commencing at the northwest corner of Lot Thirteen (13) Meadowlark West Fourth
Subdivision; thence southerly along the westerly line of said Lot Thirteen (13), a distance
of ninety seven and ninety five hundredths (97.95) feet to the ACTUAL Point of
Beginning; thence easterly and paralle l with the northerly line of said Lot Thirteen (13), a
distance of thirty five (35.0) feet; thence southerly and parallel with the westerly line of
said Lot Thirteen (13), a distance of twenty (20.0) feet; thence westerly and parallel with
the northerly line of said Lot Thirteen (13), a distance of thirty five (35.0) feet; thence
northerly along the westerly line of said Lot Thirteen (13) and its extension, a distance of
twenty (20.0) feet to the said Point of Beginning.
The above-described easement and right-of-way containing a total of 0.016 acres, more
or less, as shown on the plat dated 8/21/2008, 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 LBJM, LLC on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2008-237 - Approving Acquisition of Utility Easement - 4201 Gold
Core Drive - Scannell Properties #106, LLC
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-237
WHEREAS, a public utility easement is required by the City of Grand Island, from Scannell
Properties #106, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines
and transformers; and;
WHEREAS, a public hearing was held on September 9, 2008, for the purpose of discussing
the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more
particularly described as follows:
Commencing at the northwest corner of Lot Two (2) Platte Valley Industrial Park Third
Subdivision; thence southerly along the westerly line of said Lot Two (2), a distance of
one hundred ninety six (196.0) feet to the ACTUAL Point of Beginning; thence easterly
and perpendicular to the westerly line of said Lot Two (2), a distance of two hundred
forty four (244.0) feet; thence southerly and parallel with the westerly line of said Lot
Two (2), a distance of twenty (20.0) feet; thence westerly and perpendicular to the
westerly line of said Lot Two (2), a distance of two hundred forty four (244.0) feet to a
point on the westerly line of said Lot Two (2); thence northerly along the westerly line of
said Lot Two (2), a distance of twenty (20.0) feet to the said Point of Beginning.
The above-described easement and right-of-way containing a total of 0.11 acres, more or
less, as shown on the plat dated 8/20/2008, 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 Scannell Properties #106, LLC, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2008-238 - Approving Bid Award - Burdick Cooling Tower
Replacement
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: September 9, 2008
Subject: Burdick Cooling Tower Replacement
Item #’s: G-5
Presenter(s): Gary R. Mader, Utilities Director
Background
The #3 generating unit at the Burdick Station Power Plant utilizes a wooden structure cooling
tower that was built in 1969, photo attached. The existing cooling tower has lasted 38 years
and was a survivor of the 1980 tornados, sustaining an in-direct hit. The generating unit
cooled by that tower was on-line at the time, and remained on-line for several days as power
was slowly restored. The fan cylinder cones at the top of the tower were completely
destroyed, and the tower structure received severe damage, including some damage that was
not discovered until several months later. After tornado damage repair and nearly 40 years
weather exposure, the tower is no longer structurally sound. It is leaning to the south about
five degrees from vertical and structural consultants advise that it is in danger of collapsing.
Normal life expectancy for a wood cooling tower is 25-30 years. In order to maintain
reliability of this generating unit, the cooling tower needs to be replaced. Therefore, power
plant engineering staff prepared specifications to place a new tower on the existing
foundations. The new tower is of improved design of fiberglass and PVC plastic
construction.
Discussion
The specifications for the Burdick Cooling Tower Replacement were advertised and issued
for bid in accordance with the City Purchasing Code. Bids were publicly opened on August
19, 2008. Responses were received from the bidders listed below. The engineer’s estimate
for this project was $1,520,000.
Bidder Bid Price Adjusted Bid Price Alternate Bid
International Cooling Tower $ 1,385,000.00 $ 1,455,350.00
EvapTech, Inc. $ 1,374,605.00 $ 1,249,000.00
Midwest Towers, Inc. $ 950,995.00 $ 1,015,050.00
The bids were reviewed by utility engineering staff. International Cooling Tower did not include
taxes on the materials and their bid was adjusted for the required taxes. Midwest Towers and
EvapTech had no exceptions to the specifications and all bids were otherwise compliant with the
specifications.
Midwest Towers also provided an optional bid of $1,015,050 (an increase of $64,055) for a
slightly larger tower. The larger tower, with larger air intake area, allows the use of smaller
horsepower motors for the draft fans located on the top of the cooling tower. The smaller fan
motors will provide savings in electrical consumption and would also allow the re-use of existing
motor starters that the department currently has on hand. The cost of purchasing and installing the
larger motor starters required for the base bid unit is estimated at $95,300. Therefore it is
recommended that the alternate bid be considered as it provides for the lower overall project cost.
The alternate bid from Midwest Towers, Inc. is compliant with specifications and less than the
engineer’s estimate.
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 award the Contract for Burdick Cooling
Tower Replacement to Midwest Towers, Inc. of Blue Springs, Missouri, as the low evaluated
bidder, for a contract price of $1,015,050.00, accepting the alternate bid.
Sample Motion
Move to approve award of the bid of $1,015,050.00 from Midwest Towers, Inc. for the
Burdick Cooling Tower Replacement as submitted.
Figure 1: Existing Burdick Cooling Tower Built 1969
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: August 19, 2008 at 11:00 a.m.
FOR: Burdick Cooling Tower Replacement
DEPARTMENT: Utilities
ESTIMATE: $1,520,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: July 30, 2008
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: International Cooling Tower EvapTech, Inc.
Edmonton, Canada Lenexa, KS
Bid Security: The Hartford Fire Insurance Co. Western Surety Company
Exceptions: None Noted
Bid Price: Alternate Bid
Material: $1,005,000.00 $ 953,745.00 $ 863,750.00
Labor: 380,000.00 355,000.00 325,600.00
Sales Tax: All Taxes Extra 65,860.00 59,650.00
Total Base Bid: $1,385,000.00 $1,374,605.00 $1,249,000.00
Bidder: Midwest Towers, Inc.
Blue Springs, MO
Bid Security: $50,000.00
Exceptions: Noted
Bid Price: Option 1
Material: $652,086.00 $ 690,057.00
Labor: 253,264.00 276,688.00
Sales Tax: 45,645.00 48,305.00
Total Base Bid: $950,995.00 $1,015,050.00
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist.
Lynn Mayhew, PGS Karen Nagel, Utilities Secretary
P1272
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-238
WHEREAS, the City Electric Department invited sealed bids for Burdick Cooling Tower
Replacement; and
WHEREAS, on August 19, 2008, bids were received, opened and reviewed; and:
WHEREAS, Midwest Towers, Inc., of Blue Springs, Missouri 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 $1,015,050.00; and;
WHEREAS, the bid of Midwest Towers, Inc., is less than the estimate for the Burdick
Cooling Tower Replacement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Midwest Towers, Inc., of Blue Springs,
Missouri, in the amount of $1,015,050.00 for the Burdick Cooling Tower Replacement is hereby approved
as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2008-239 - Approving Non Disclosure Agreement between the
City of Grand Island and Northwestern Energy
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, City Attorney
Meeting: September 9, 2008
Subject: NONDISCLOSURE AGREEMENT between the City of
Grand Island and NorthWestern Energy
Item #’s: G-6
Presenter(s): Gary R. Mader, Utilities Director
Background
Historically, Grand Island Utilities has relied on the regional natural gas transmission
system for gas fuel supply to the Burdick Station power plant. In late 2006 a current
contract was expiring and specifications for continued gas supply to the power plant were
developed. The specifications were advertised in early 2007. Bids were solicited from all
five known regional gas marketers serving central Nebraska markets. At that time it
became very evident that the regional pipelines were at full capacity. To the future,
service would be limited in availability, and the price would be substantially above
historic levels. From the early 2007 bid solicitation, the price for continued natural gas
service, at the same level as was previously available, went from $175,200 annually to
over $1,000,000 annually.
Recognizing that the regional natural gas system had nearly reached its full capacity, the
Department began to explore options to assure the availability and pricing of future fuel
supply to Burdick Station. Investigations of securing supply from other gas marketers
were conducted, with little success. The Department also began conversations with the
City's Local Distribution Company, North Western Energy (NWE). NWE also relies on
the regional transmission pipelines for its fuel supply and had experienced problems
similar to the Department's when looking to the future for continued supply from the now
limited pipeline capacity in the region. Since 2007, City staff and representatives of NWE
have had a number of meetings to evaluate the possibilities of developing a joint project
to benefit both entities by providing reliable pipeline capacity for the future. There is an
inherent compatibility in a joint venture project in that the Utilities Department's high
demand season for gas fuel is in the summer months for electric load peaking, and
NWE’s is in the winter months to serve heating load.
Discussion
The evaluation of a potential joint project with the City of Grand Utilities and NWE
working together to assure future natural gas supply to the City has now progressed to the
point of detailed engineering and cost analyses of options. NWE, being a private
corporation, advises that this detailed information and joint evaluation in concert with the
City, a public entity, poses a risk to their business, in that it requires the use of
information considered to be trade secrets, confidential or proprietary. In order to assure
that confidential information which might harm NWE’s business position is not
compromised as a result of working with the City of Grand Island, it is requested that the
City enter into a NONDISCLOSURE AGREEMENT with North Western Energy. A
copy of the proposed agreement is attached.
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 acceptance of the NONDIS-
CLOSURE AGREEMENT in order to continue pursuit of the joint project with
NorthWestern Energy.
Sample Motion
Move to approve the Agreement between the City of Grand Island and NorthWestern
Energy.
1
NONDISCLOSURE AGREEMENT
This Agreement is hereby made this ___ day of September, 2008, by and between NorthWestern
Corporation d/b/a NorthWestern Energy, a Delaware corporation (“NorthWestern”), and the City of Grand
Island, a municipal corporation (“City”) (collectively, the “Parties” and each individually a “Party”).
WITNESSETH:
WHEREAS, the Parties, desire to voluntarily negotiate the terms of a natural gas service proposal
(said negotiations hereinafter referred to as the “Negotiations”);
WHEREAS, the Parties agree and acknowledge that during the course of Negotiations, they may
disclose to each other trade secrets or other confidential, proprietary or commercial information;
WHEREAS, the Parties agree and acknowledge that the disclosure of any trade secrets or other
confidential, proprietary or commercial information related to the Negotiations may provide a demonstrated
advantage to specified business competitors and would serve no public purpose if released; and
WHEREAS, the Parties desire to enter into this Agreement to facilitate the Negotiations by
permitting such disclosure without jeopardizing its confidential, proprietary or trade secret status.
NOW, THEREFORE, in consideration of the promises, mutual promises and covenants set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree and covenant as follows:
1. Capitalized terms used but not otherwise defined herein have the following meanings:
A. “Confidential Information” means all information (i) that is exchanged between the
Parties from time to time during the Negotiations, whether exchanged orally, visually
or in writing and regardless of the form of media in which such information is
provided, and (ii) that either (a) is stamped, labeled, or otherwise clearly designated
as “CONFIDENTIAL”, or (b) may be reasonably understood from the nature of
such information or from the circumstances of such exchange to be confidential,
commercial, or proprietary to the Disclosing Party, or (c) constitutes trade secrets
of the Disclosing Party.
B. “Person” means an individual, corporation, association, partnership, limited
partnership, limited liability partnership, limited liability company, trust or other
organization.
C. “Disclosing Party” means a Party disclosing Confidential Information to the other.
2
D. “Receiving Party” means a Party receiving Confidential Information from the other.
2. The Receiving Party: (i) shall not disclose Confidential Information of the Disclosing Party
except as authorized under the terms and conditions of this Agreement and shall
acknowledge the same by executing Exhibit A affixed hereto; (ii) shall take reasonable action
to protect and safeguard the Disclosing Party’s Confidential Information from unauthorized
use or disclosure, including, at a minimum, any reasonable action that the Receiving Party
takes to protect the confidentiality of its own Confidential Information; and (iii) shall maintain
such Confidential Information in confidence and disclose it only to the Receiving Party’s
employees, attorneys, consultants or agents who have a need to know it for purposes of the
Negotiations and whom have been informed of and agree to abide by the Receiving Party’s
obligations under this Agreement.
3. Any other provision of this Agreement notwithstanding:
A. The obligation of the Receiving Party to protect the confidentiality of any
Confidential Information shall automatically terminate to the extent such Confidential
Information, or any portion thereof: (i) is or becomes public knowledge through no
action or omission of the Receiving Party; (ii) is disclosed publicly by or with the
consent of the Disclosing Party; (iii) is lawfully obtained by the Receiving Party from
a third party without violation of this Agreement; (iv) is independently developed by
the Receiving Party from sources or through persons that the Receiving Party can
demonstrate had no access to the Confidential Information; or (v) is lawfully known
by the Receiving Party at the time of disclosure other than by reason of discussions
with or disclosure by the Disclosing Party.
B. Either Party may disclose any of the other Party’s Confidential Information pursuant
to subpoena, to court order, or to any other valid judgment, rule, order, decree,
directive, or other determination issued by any competent federal, state, regulatory
or judicial tribunal having jurisdiction over the Parties; provided, however, the
Receiving Party shall notify the Disclosing Party in writing of any such judgment,
rule, order, decree, directive or determination promptly after becoming aware of the
applicability of same; and provided, further, that the Receiving Party, upon written
request of the Disclosing Party, shall cooperate with the Disclosing Party in seeking
a protective order with respect to such Confidential Information.
C. The Parties’ respective counsel of record in the Negotiations (i) may use the other
Party's Confidential Information for purposes of rendering advice to said Parties, (ii)
may generally examine and rely upon said Confidential Information in their
representation of said Parties on condition that neither attorney disclose said
Confidential Information to any third party in breach of this Agreement; and (iii) shall
not be precluded by virtue of this Agreement from any representation whatsoever of
3
the Parties or of any third party (and neither party shall seek such preclusion) except
where such representation would be a breach of this Agreement or constitute a
conflict of interest under applicable state law or code of professional responsibility.
4. The Receiving Party shall use the Confidential Information only for the Negotiations
and for no other purpose whatsoever.
5. Confidential Information provided by the Disclosing Party to the Receiving Party is to be
deemed at all times the property of the Disclosing Party. The Receiving Party, upon written
request of the Disclosing Party, shall promptly either (i) return to the Disclosing Party, by
courier or certified U.S. mail (return receipt requested) all Confidential Information of the
Disclosing Party, or (ii) with the consent of the Disclosing Party, destroy said Confidential
Information, and, within twenty (20) days of such destruction, certify in writing to the
Disclosing Party that it has satisfied its obligations under this Section 6 of this Agreement.
6. If any provision of this Agreement is held invalid or unenforceable, such provision shall be
deemed deleted from this Agreement and this Agreement is to be construed in such manner
as to give effect, to the fullest extent permitted by law, to the Parties' intent in agreeing to the
original provision. The remaining provisions of this Agreement shall continue in full force and
effect.
7. Each Party represents and warrants that execution and delivery of this Agreement has been
duly authorized by all requisite corporate action. The City shall adopt a resolution, similar in
form to Exhibit B attached hereto, authorizing the mayor to execute this Agreement.
8. As a violation by the Receiving Party of any of its nondisclosure obligations under this
Agreement could cause irreparable injury to the Disclosing Party and as there is no adequate
remedy at law for such violation, the Disclosing Party shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Receiving Party in a court of
equity from violating or threatening to violate its nondisclosure obligations. The Parties agree
that, in the event of a breach of this Agreement, the non-breaching Party, upon written notice
to the other, in addition to any other available remedy, shall be entitled to recover any and all
Confidential Information from the breaching Party and shall not be obligated as part of the
Negotiations to provide the breaching Party any additional Confidential Information until and
unless the Parties agree upon a remedy for said breach and any future breaches.
9. This Agreement, the negotiations pursuant hereto, and the disclosure and receipt of
Confidential Information do not create or imply (i) any agreement with respect to the sale,
purchase or pricing of any product or service; (ii) any right conferred, by license or
otherwise, in any Confidential Information or in any patent, trademark, service mark,
copyright or other intellectual property; or (iii) a waiver, relinquishment or release of any
rights or exemptions, that may be applicable or available under the Act or other applicable
4
laws.
10. This Agreement, together with its preamble and recitals, constitutes the entire agreement and
understanding between the Parties with respect to the subject matter hereof, superseding all
prior and contemporaneous communications, agreements and understandings, whether
written or oral, relating thereto. The provisions of this Agreement may not be modified,
amended, or waived, except by a written instrument duly executed by both Parties.
11. This Agreement is to be governed by, and construed in accordance with, the laws of the
state of Nebraska.
12. This Agreement is to be deemed binding upon, will inure to the benefit of, and is enforceable
by, the Parties and their respective successors and permitted assigns. This Agreement is to
be deemed automatically assigned to the Parties’ respective successors in interest created by
merger, acquisition, divestiture or other reorganization without the need for a signed writing
or other instrument. Neither Party may otherwise assign this Agreement without the written
consent of the other.
13. Neither Party will be deemed to have waived any of its rights, powers or remedies
hereunder unless such waiver is in writing and signed by said Party. Nor is any delay or
omission by either Party in exercising any of said rights, powers or remedies to be deemed a
waiver hereof. Nor is a waiver signed by either Party of any breach of the covenants,
conditions or obligations binding on the other Party on one occasion be construed as a
waiver or consent to such breach on any future occasion or a waiver of any other covenant,
condition, or obligation contained herein.
14. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative,
nonexclusive and in addition to, but not in lieu of, any other remedies available to either Party
at law, in equity, or otherwise.
15. This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original and all of which taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates
written below:
NorthWestern Corporation d/b/a NorthWestern Energy
5
By:
Name
Title:
Date:
City of Grand Island
By:
Name:
Title:
Date:
6
EXHIBIT A
STATE OF ___________)
COUNTY OF _________)
CERTIFICATE OF AUTHORIZED REVIEWING REPRESENTATIVE
BEFORE ME , the undersigned authority, duly Commissioned and qualified in and for the State and
County aforesaid, personally came and appeared _____________________ who, being by me first duly
sworn, deposed and said as follows:
I certify my understanding that Confidential Information is being provided to me pursuant to the terms
and restrictions of the foregoing Agreement, that I have been given a copy of and have read the Agreement,
and that I agree to be bound by it as the Party by whom I am employed or have been retained is bound by it.
I understand that the contents of “Confidential Information,” and any notes, memoranda, or any other form of
information regarding or derived from Confidential Information shall not be disclosed to anyone other than in
accordance with the Agreement and shall be used only for the purposes of the Negotiations.
Signature:
___________________________________________
Date of Execution: ___________________________
(Type or Print below)
Name: _____________________________________
Title:_______________________________________
Company:___________________________________
Address:____________________________________
___________________________________________
___________________________________________
SWORN TO AND SUBSCRIBED BEFORE ME on this _______ day of ,
2008.
7
EXHIBT B
RESOLUTION 2008-___
A RESOLUTION TO ENTER A NONDISCLOSURE AGREEMENT WITH
NORTHWESTERN CORPORATION WITH RESPECT TO VOLUNTARY NEGOTIATIONS
BETWEEN NORTHWESTERN AND THE CITY REGARDING A NATURAL GAS SERVICE
PROPOSAL.
WHEREAS, the Parties, desire to voluntarily negotiate the terms of a natural gas service proposal
(said negotiations hereinafter referred to as the “Negotiations”);
WHEREAS, the Parties agree and acknowledge that during the course of Negotiations, they may
disclose to each other trade secrets or other confidential, proprietary or commercial information;
WHEREAS, the Parties agree and acknowledge that the disclosure of any trade secrets or other
confidential, proprietary or commercial information related to the Negotiations may provide a demonstrated
advantage to specified business competitors and would serve no public purpose if released; and
WHEREAS, the Parties desire to enter into a Nondisclosure Agreement to facilitate the Negotiations
by permitting such disclosure without jeopardizing the confidential, proprietary or trade secret status.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, THAT:
The Mayor is hereby authorized to, on behalf of the City, execute the nondisclosure
agreement in accordance with the terms and conditions generally described above.
DATED this ____day of September, 2008.
CITY OF GRAND ISLAND, NEBRASKA
By: __________________________
Margaret Hornady, Mayor
Attest:
______________________________
8
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-239
WHEREAS, the City of Grand Island and NorthWestern Corporation (the Parties) desire
to voluntarily negotiate the terms of a natural gas service proposal (said negotiations hereinafter referred to
as the “Negotiations”); and
WHEREAS, the Parties agree and acknowledge that during the course of Negotiations,
they may disclose to each other trade secrets or other confidential, proprietary or commercial information;
and
WHEREAS, the Parties agree and acknowledge that the disclosure of any trade secrets or
other confidential, proprietary or commercial information related to the Negotiations may provide a
demonstrated advantage to business competitors and would serve no public purpose if released; and
WHEREAS, the Parties desire to enter into a Nondisclosure Agreement to facilitate the
Negotiations by permitting such disclosure without jeopardizing the confidential, proprietary or trade secret
status.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the
City, execute the Nondisclosure Agreement in accordance with the terms and conditions generally
described above.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2008-240 - Approving Change Order No. 1 for Handicap Ramp
Project 2008-1
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Approving Change Order No. 1 for Handicap Ramp
Project No. 2008-1
Item #’s: G-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
Galvan Construction Inc., of Grand Island, Nebraska was awarded a $31,623.32 contract
on May 27, 2008. The contract was for the installation of handicap ramps, in conjunction
with street resurfacing in accordance with Federal ADA (Americans with Disabilities
Act) regulations.
Discussion
During the installation of the handicap ramps it was discovered an abandoned inlet and
approximately 16 linear feet of 12" storm sewer at the southeast corner of Harrison and
Anna needed to be retired.
The removal of sod was necessary in order to lower the grade. Dirt was then removed and
sod was put back in place. This work was done at all locations, except the northwest
corner of Broadwell Avenue and Anna Street.
The plans stated 72 handicap ramp plates were needed for the project; however to meet
field conditions only 62 handicap ramps were installed.
The extra work adds a total cost of $1,400.00 to the project.
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 Change Order No. 1 for
Handicap Ramp Project No. 2008-1.
Sample Motion
Move to approve Change Order No. 1.
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: August 25, 2008
PROJECT: Handicap Ramp Project No. 2008-1
CONTRACTOR: Galvan Construction Inc.
CONTRACT DATE: May 27, 2008
During the installation of the handicap ramps it was discovered an abandoned inlet and approximately 16 linear
feet of 12" storm sewer at the southeast corner of Harrison and Anna needed to be retired.
The removal of sod was necessary in order to lower the grade. Dirt was then removed and sod was put back
in place. This work was done at all locations, except the northwest corner of Broadwell Avenue and Anna
Street.
The plans stated 72 handicap ramp plates were needed for the project; however to meet field conditions only
62 handicap ramps were installed.
· Retire abandoned inlet and approximately 16 linear feet of 12” storm sewer
at the southeast corner of Harrison Street and Anna Street ………………………………. $ 150.00
· Remove sod and dirt to lower grade and re sod all locations, except the
northwest corner of Broadwell Avenue and Anna Street ………………………………… $ 500.00
· Purchase of 10 handicap ramp plates not used in project ……………...……………........ $ 750.00
· Place Truncated Dome Panels (2x2) …………………………………………………….. $(1,250.00)
$ 150.00
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order ......................................................................................$31,623.32
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 150.00
Revised Contract Price Including this Change Order .......................................................................$31,773.32
Approval Recommended:
By_______________________________________
Steven P. Riehle, Public Works Director
Date
The Above Change Order Accepted: Approved for the City of Grand Island:
Galvan Construction, Inc.__ By_________________________________
Contractor Margaret Hornady, Mayor
By Attest:
Mike Galvan RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-240
WHEREAS, on May 27, 2008, by Resolution 2008-142, the City of Grand Island
awarded Galvan Construction, Inc. of Grand Island, Nebraska the bid in the amount of $31,623.32 for
Handicap Ramp Project No. 2008-1 ; and
WHEREAS, it has been determined that modifications to the work to be performed by
Galvan Construction, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, it is recommended that modifications to the work to be done by Galvan
Construction, Inc. are necessary; and
WHEREAS, the result of such modifications will increase the contract amount by $150.00
for a revised contract price of $31,773.32,
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 Galvan Construction, Inc.
of Grand Island, Nebraska to provide the modifications set out as follows:
· Retire abandoned inlet and approximately 16 linear feet of 12” storm sewer
at the southeast corner of Harrison Street and Anna Street ……………………. $ 150.00
· Remove sod and dirt to lower grade and re sod all locations, except the
northwest corner of Broadwell Avenue and Anna Street ……………………… $ 500.00
· Purchase of 10 handicap ramp plates not used in project …....…………....... $ 750.00
· Place Truncated Dome Panels (2x2) ………………………………………… $(1,250.00)
$ 150.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item G8
#2008-241 - Approving Certificate of Final Completion for
Handicap Ramp Project No. 2008-1
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Approving Certificate of Final Completion for Handicap
Ramp Project No. 2008-1
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
Galvan Construction, Inc. of Grand Island, Nebraska was awarded a $31,623.32 contract
on May 27, 2008. The contract was for the installation of handicap ramps, in conjunc tion
with street resurfacing in accordance with Federal ADA (Americans with Disabilities
Act) regulations. Work commenced on June 9, 2008 and was completed on July 14, 2008.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of
the contract, plans, and specifications. It was completed with an underrun of $453.28, for
a total cost of $31,170.04.
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 Certificate of Final
Completion for Handicap Ramp Project No. 2008-1.
Sample Motion
Move to approve the Certificate of Final Completion for Handicap Ramp Project No.
2008-1.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Handicap Ramp Project No. 2008-1
CITY OF GRAND ISLAND, NEBRASKA August 25, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Handicap Ramp Project No. 2008-1 has been fully completed by Galvan Construction,
Inc. of Grand Island, Nebraska under the contract dated May 27, 2006. The work has been completed in
accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the
plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public
Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943.
Asphalt Resurfacing Project No. 2008-AC-1
Unit Total Total
No. Description Price Unit Quantity Cost
1. Remove 24” Curb & Gutter $ 5.50 l.f. 493.60 $ 2,714.80
2. Remove 4’ Walk $ 1.75 s.f. 2438.30 $ 4,267.03
3. Remove 6” Concrete Pavement $ 15.50 s.y. 4.55 $ 70.53
4. Saw Cut $ 3.50 l.f. 122.00 $ 427.00
5. Remove Railroad Tie Fence $150.00 ea. 1.00 $ 150.00
(40’ approximately)
6. Build 24” Curb & Gutter $ 15.00 l.f. 493.60 $ 7,404.00
7. Build 4’ Walk $ 2.75 s.f. 2482.70 $ 6,827.43
8. Build 6” Concrete Pavement $ 35.00 s.y. 4.55 $ 159.25
9. Place Truncated Dome Panels $125.00 ea. 62.00 $ 7,750.00
(2 x 2)
10. Retire abandoned inlet & approx.
16 l.f. of 12” storm sewer $150.00 lump sum - $ 150.00
11. Sod and grading work $500.00 lump sum - $ 500.00 12. 10 Handicap Ramp Truncated $75.00 ea. 10.00 $ 750.00
Dome Panels
---------------
Original Project Total $31,170.04
I hereby recommend that the Engineer’s Certificate of Final Completion for Handicap Ramp Project No. 2008-1
be approved.
____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-241
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has
issued a Certificate of Completion for Project No. 2008-1, installation of Handicap Ramps, certifying that
Galvan Construction, Inc. of Grand Island, Nebraska, under contract, has completed the handicap ramp
installation; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the
project; and
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No.
2008-1, installation of Handicap Ramps, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2008-242 - Approving Bid Award for Street Improvement Project
No. 2008-P-4, Concrete Pavement Repair on the Northbound
Lanes of US Highway 281 from Old Potash Highway to Capital
Avenue
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Approving Bid Award for Street Improvement Project
No. 2008-P-4, Concrete Pavement Repair on the
Northbound Lanes of US Highway 281 from Old Potash
Highway to Capital Avenue
Item #’s: G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
On July 31, 2008 the Engineering Division of the Public Works Department advertised
for bids for Street Improvement Project No. 2008-P-4, Concrete Pavement Repair on the
Northbound Lanes of US Highway 281 from Old Potash Highway to Capital Avenue.
Bids were opened August 18, 2008 and due to required changes for this project all bids
were rejected. The changes included:
· Partial depth removal and replacement for right lanes
· Full depth removal and replacement for section where both lanes are to be
repaired
· Changed class of concrete from PR1 to 47BD
· Moved completion date up from December 1, 2008 to November 21, 2008
· Added dowel bars at transverse contraction joints on full dept replacement
On August 22, 2008 bids were re-advertised for this project.
Discussion
One bid was received and opened on September 2, 2008. The bid was submitted in
compliance with the contract, plans, and specifications. A summary of the bid is shown
below.
Bidder Exceptions Bid Security Total Bid
The Diamond Engineering
Co. of Grand Island, NE
None Universal Surety Company $153,620.00
Sufficient funds are available in account no. 10033506-85213.
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 awarding a contract to The
Diamond Engineering Company of Grand Island, Nebraska in the amount of
$153,620.00.
Sample Motion
Move to approve the bid award.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 2, 2008 at 11:15 a.m.
FOR: Concrete Pavement Repair Project 2008-P-4
DEPARTMENT: Public Works
ESTIMATE: $191,140.00
FUND/ACCOUNT: 10033506-85213
PUBLICATION DATE: August 22, 2008
NO. POTENTIAL BIDDERS: 13
SUMMARY
Bidder: The Diamond Engineering Co.
Grand Island NE
Bid Security: Universal Surety Company
Exceptions: None
Bid Price: $153,620.00
cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Jeff Pederson, City Administrator
P1277
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-242
WHEREAS, the City of Grand Island invited sealed bids for Street Improvement Project
No. 2008-P-4, Concrete Pavement Repair on the Northbound Lanes of US Highway 281 from Old Potash
Highway to Capital Avenue, according to plans and specifications on file with the Engineering Division of the
Public Works Department; and
WHEREAS, on September 2, 2008 bids were received, opened, and reviewed; and
WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a
bid in accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $153,620.00; and
WHEREAS, The Nebraska Department of Roads is cost sharing 50% in the repair work;
and
WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for
Street Improvement Project No. 2008-P-4.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of
Grand Island, Nebraska in the amount of $153,620.00 for Street Improvement Project No. 2008-P-4,
concrete pavement repair on the Northbound Lanes of US Highway 281 from Old Potash Highway to
Capital Avenue.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2008-243 - Approving Supplemental Agreement # 1 to the
Agreement with Olsson Associates for Construction Engineering
Services on Capital Avenue Widening Project
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Approving Supplemental Agreement # 1 to the
Agreement with Olsson Associates for Construction
Engineering Services on Capital Avenue Widening
Project
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
Any supplements to professional services agreements must be approved by council. On
September 26, 2006 an agreement with Olsson Associates for constrution engineering
work was approved by the council. The agreement provided for construction engineering
services on the project to widen Capital Avenue from the Moores Creek Drainway to
Webb Road.
The project is approximately 80% funded with federal Surface Transporation Funds
administered by the Nebraska Department of Roads (NDOR).
Discussion
On August 12, 2008 City Council approved Change Order No. 1 for the widening of
Capital Avenue, with The Diamond Engineering Company as the contractor. This change
order provided for sanitary sewer manhole and pipe work that needed to be completed in
conjunction with the project.
Olsson Associates is providing professional services during construction including
surveying, traffic control design, construction inspection, and materials testing. It was
noted in the August 12, 2008 council memo that an amendment to the existing agreement
with Olsson Associates for services during construction would be brought forward for
council consideration. This additional work will be performed at actual costs, not to
exceed $35,000.00.
Since the work is being performed using federal funds, the format for the supplemental
agreement was furnished by the Nebraska Department of Roads.
Funds are available in the Wastewater budget for this supplement to the agreement with
Olsson Associates.
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 Supplemental Agreement # 1
to the agreement with Olsson Associates, in an amount not to exceed $35,000.00.
Sample Motion
Move to approve Supplemental Agreement # 1 to the agreement with Olsson Associates,
in an amount not to exceed $35,000.00.
Approved as to Form ¤ ___________
September 5, 2008 ¤ City Attorney
R E S O L U T I O N 2008-243
WHEREAS, on November 9, 2004, by Resolution No. 2004-285, the City Council of the City of
Grand Island approved an agreement with Olsson Associates of Grand Island, Nebraska to perform preliminary
design services to widen Capital Avenue from the Moores Creek Drainway to Webb Road; and
WHEREAS, on April 26, 2005, by Resolution No. 2005-131, the City Council of the City of
Grand Island approved Amendment #1 to the agreement with Olsson Associates to extend the final design to
Webb Road; and
WHEREAS, on April 24, 2007, by Resolution No. 2007-97, the City Council of the City of Grand
Island approved Amendment #2 to the agreement with Olsson Associates for additional services related to right-
of-way acquisition; and
WHEREAS, on May 22, 2007, by Resolution No. 2007-123, the City Council of the City of
Grand Island approved Amendment #3 to the agreement with Olsson Associates for additional appraisal services;
and
WHEREAS, on January 22, 2008, by Resolution No. 2008-24, the City Council of the City of
Grand Island approved Amendment #4 to the agreement with Olsson Associates for additional work beyond the
scope of the original agreement related to appraisal services to complete right-of-way acquisition; and
WHEREAS, additional services during construction work are needed; and
WHEREAS, costs of the additional services shall not exceed $35,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the amendment to the agreement with Olsson Associates of Grand Island,
Nebraska is hereby approved.
BE IT FURTHE RESOLVED, that the Mayor is hereby authorized and directed to execute the
amendment to the agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2008-244 - Approving Update to Resolution 2008-68; Designating
No Parking Zones for Westbound US Highway 30 (2nd Street)
Detour
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 9, 2008
Subject: Approving Update to Resolution 2008-68; Designating
No Parking Zones for Westbound US Highway 30 (2nd
Street) Detour
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 26, 2008 the City Council passed Resolution 2008-68 which approved no
parking zones for the US Highway 30 (2nd Street) detour. Westbound US Highway 30
(2nd Street) traffic is detoured over to 3rd Street.
Discussion
On August 26, 2008 eastbound traffic was moved to the south side of Second Street in
order for the second phase of the project to begin. Also as of August 26th eastbound US
Highway 30 traffic once again turns south at Greenwich Street. Clark Street south of 2nd
Street was returned to two way traffic. The no parking restriction can be removed on the
east side of Clark Street, from 2nd Street south for 1/2 block to the alley.
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 update to Resolution
2008-68, removing the no parking restriction on the east side of Clark Street, from 2nd
Street south for 1/2 block to the alley.
Sample Motion
Move to approve the update to Resolution 2008-68.
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-244
WHEREAS, on February 26, 2008, by Resolution 2008-68, the City Council of the City of
Grand Island approved a no parking zone on the east side of Clark Street from Second Street south for half
a block to the alley; and
WHEREAS, Clark Street south of Second Street has returned to two way traffic; and
WHEREAS, the no parking zone is no longer required on the east side of Clark Street from
Second Street south for half a block to the alley; and
WHEREAS, it is recommended that such no parking restriction be removed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the following parking restrictions remain in place
during the US Highway 30 widening project:
1. A No Parking Zone is herby designated on both sides of Grant Street from Second Street to Third
Street.
2. A No Parking Zone is herby designated on the west side of Clark Street from Second Street north
for half a block to the alley.
3. A No Parking Zone is hereby designated on either side of Third Street from Grant Street to Clark
Street.
4. The No Parking Zone restrictions shall take effect March 17, 2008.
5. The City’s Streets Division of the Public Works Department shall erect and maintain the signs
necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2008-245 - Approving Certificate of Final Completion for Law
Enforcement Center with Chief Construction
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: September 9, 2008
Subject: Law Enforcement Center Construction Project Certificate
of Final Completion
Item #’s: G-12
Presenter(s): Steven Lamken, Police Chief
Background
Substantial completion of the Law Enforcement Center was issued to Chief Construction
in January of 2008. Since that time, construction on the project has been completed.
Wilson Estes Architects are recommending making final payment to Chief Construction
in the amount of $25,107.27.
Discussion
Construction of the Law Enforcement Center has been completed and the project
architects, Wilson Estes Police Architects are recommending making final payment to
Chief Construction. Chief Construction has provided a surety bond against any liens on
the project as a condition of the final payment and certificate of final completion. A copy
of the surety bond is attached.
The warranty on the facility became effective in January of 2008 when substantial
completion was issued and the Center was occupied and placed into operation. Since that
time there have been several minor problems that have been addressed under the
warranty. Chief Construction and the subcont ractors on the project have been responsive
when such problems are presented to them and have addressed them in a timely manner.
The Center has one major warranty problem. There have been several persistent leaks in
the building and moisture damage resulting from them. While the problem has not been
completely resolved, Chief Construction has been responsive to this problem and several
steps have been taken and continue to be taken to stop the leaks. Steps are currently being
taken to start work to repair the damage from the leaks to restore the interior of the
building. In addition to the completed work and pending work, Chief Construction has
provided an extended warranty due to water leaks on the shell of the building to extend to
June of 2009. A copy of the warranty letter is attached.
Chief and the subcontractors will continue to perform warranty work on the project until
such time as the warranty is expired or the reported problems are resolved. Final payment
for $25,107.27 should be made to pay for completion of the construction and issuing a
certificate of final completion of the Law Enforcement Center.
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 final payment of
$25,107.27 to Chief Construction for completion of construction of the Law Enforcement
Center and issue a certificate of final completion for the construction project..
Sample Motion
Move to approve final payment for completion of the construction of the Law
Enforcement Center to Chief Construction of Grand Island in the amount of $25, 107.27
and to issue a certificate of final completion for the project.
CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE
LAW ENFORCEMENT CENTER CONSTRUCTION
CITY OF GRAND ISLAND, NEBRASKA
AUGUST 25, 2008
TO THE MEMBERS OF THE CITY COUNCIL
GRAND ISLAND, NEBRASKA
This is to certify that the construction of the Law Enforcement Center at 111 Public Safety Drive
has been completed by Chief Construction of Grand Island, NE under contract dated June 15,
2006. The work has been completed in accordance with the terms, conditions and stipulations
of said contract and complies with the contract, the plans and specifications, except for ongoing
repair work under warranty. The work is hereby accepted for the City of Grand Island,
Nebraska by me as Police Chief in accordance with the provisions of the terms of the above
said contract.
Law Enforcement Center Construction Project
Construction Contract $7,406,080.00
Unspent Contingency Funds - $ 66,165.14
Late Penalties - $ 45,000.00
Final Cost of Construction $7,294,914.86
Respectfully submitted
Steven Lamken
Police Chief
---------------------------------------------------------------------------------------------------------------------
TO THE MEMBERS OF THE CITY COUNCIL
GRAND ISLAND, NEBRASKA
I hereby recommend that the Certificate of Final Completion and Acceptance be approved and
warrants issued to Chief Construction in the final payment amount of $25,107.27.
Respectfully submitted,
Margaret Hornady
Mayor
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-245
WHEREAS, the Police Chief for the City of Grand Island has issued a Certificate of Final
Completion for the Law Enforcement Center Construction, certifying that Chief Construction Co. of Grand
Island, Nebraska, under contract, has completed the construction of the Law Enforcement Center at 111
Public Safety Drive; and
WHEREAS, the Police Chief recommends the acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the Police Chief; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for
Construction of the Law Enforcement Center is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2008-246 - Approving Application for 2008 Transportation
Enhancement Program Grant
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: September 9, 2008
Subject: Resolution Authorizing Staff to Apply for Trail Grant
Item #’s: G-13
Presenter(s): Steve Paustian, Park and Recreation Director
Background
One of the requirements for applying for grant funding for trail construction is to receive
authorization to apply from the City Council.
Discussion
It is the intention of the Park and Recreation Department to construct a trail addition connecting
the State Street Trail to the new trail addition associated with the Capital Avenue widening
project (see map). Total construction and engineering costs are estimated to be $274,828.00. The
Federal match (80%) will be $219,862.40 and the City share (20%) will be $54,965.60.
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 the resolution authorizing staff to apply
for the grant.
Sample Motion
Move to approve Resolution 2008-246 authorizing Park and Recreation Department staff to apply
for the trail grant.
Approved as to Form ? _____________
September 4, 2008 ? City Attorney
R E S O L U T I O N 2008-246
WHEREAS, on June 10, 1996, by Resolution 96-188, the City of Grand Island
approved and adopted the Parks and Recreation Comprehensive Development Plan, which
included the development of a hike/bike trail system for the community; and
WHEREAS, it is the intention of the Parks and Recreation Department to
construct a trail addition connecting the State Street Trail to the new trail addition associated
with the Capital Avenue widening project; and
WHEREAS, the City of Grand Island has two applications to submit for
Transportation Enhancement Funds for two quality projects and is required to prioritize the grant
requests for selection purposes; and
WHEREAS, the priority project for this grant cycle is the State Street and Capital
Avenue Hike & Bike Trail Connector and the City is requesting grant funding for such project;
and
WHEREAS, if granted, assistance would be provided for 80% of the project
costs, for a total of $219,862.40; and
WHEREAS, the City of Grand Island, Nebraska, has available a minimum of
20%, for a total of $54,965.60 of the project cost and has the financial ability to operate and
maintain the completed facility in a safe and attractive manner for public use.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island supports the
construction of the hike/bike trail as a priority project, and further approves and authorizes
applications for assistance from the Transportation Enhancement Program.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such application and other documentation on behalf of the City of Grand Island for
such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on September 9, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Item G14
#2008-247 - Approving Funding of Economic Development
Corporation Request for Platte Valley Industrial Park (NWPS
Rate Agreement Funds)
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: September 9, 2008
Subject: Approving Funding of Economic Development
Corporation Request for Platte Valley Industrial Park
(NWPS Rate Agreement Funds) in the Amount of
$50,648.65
Item #’s: G-14
Presenter(s): Jeff Pederson, City Administrator
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). That Policy has guided the disbursement of the NWPS contributed
funds from that time until the most recent Rate Settlement Agreement Order dated
December 18, 2007. The new Settlement Agreement however, recognizes what was
formerly a “contribution” of funds from NWPS to the City as a “City Approved
Economic Development Surcharge” which was “intended to raise revenue for the City”.
In the opinion of the City Attorney, the process of disbursing funds outlined in
Resolution # 2000-291 is no longer applicable following the 2007 Rate Settlement.
A new Policy will need to be developed by the City for use of the monies collected under
the NWPS Rate Settlement Surcharge.
Discussion
Several weeks ago, the City received a request from the GI Economic Development
Corporation for disbursement of $90,000 from the NWPS Development Fund for
assistance in paying for land in the Platte Valley Industrial Park East. This was the first
request for NWPS funds that the City had received since the 2007 Rate Settlement. At the
time of the implementation of the new Rate Settlement, there was in the City’s NWPS
account the amount of $50,648.65. This money can be remitted to the EDC for the
current request, however monies received since the Rate Settlement are more restricted as
they are not considered “contribution” monies from NWPS. Rather, these are funds that
the City effectively imposed upon the rate settlement and consequently are General Fund
monies that carry restrictions for use for economic development purposes. According to
the City Attorney, funds received since the new rate settlement are not eligible to be used
for land purchase.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the remittance of $50,648.65 to the EDC using remaining funds from
the previous rate settlement. Consider a follow-up request from the EDC for
funds for “encouraging new industries”, which is an eligible use of City
General Fund money under State Statute 13-315
2. Dela y consideration of the EDC funds request pending establishment of a new
policy for use of funds obtained through the Surcharge on NWPS rates.
Recommendation
City Administration recommends that the Council approve the request for funds in the
amount of $50,648.65. The EDC was unaware of the effects of the new Rate Settlement
on how the City can disburse funds obtained from NWPS. The requested money is
needed to pay off land debt necessary for a possible conveyance of the land.
Sample Motion
Move to approve the request for funds to allow payment to the Grand Island Area
Economic Development Corporation.
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-247
WHEREAS, under a former Rate Settlement, Northwestern Public Service (NWPS) made
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 $50,648.65 payable to the Grand Island Area
Economic Development Corporation to be used towards the principal payment of land that was purchased
at the Platte Valley Industrial Park East, and
WHEREAS; said request is consistent with the intent of NWPS in making an annual
economic development contribution, under the former Rate Settlement, 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
$50,648.65 to be used towards the principal loan payment from the purchase of land at the Platte Valley
Industrial Park is hereby approved, and the 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, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2008-248 - Approving Contract for Property and General
Liability Insurance
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: September 9, 2008
Subject: Accepting Proposal for Comprehensive Insurance
Item #’s: G-15
Presenter(s): Dave Springer, Finance Director
Background
The City’s comprehensive insurance policies; property, auto, general and excess liability,
and worker’s comp, are due for renewal in October. The City last sought proposals in
2001. Public notice was given in July and Requests for Proposals (RFP) were solicited.
Only two firms responded with RFPs, EMC Insurance Company and Travelers.
Discussion
Travelers had the lower of the quotes at $685,532 versus EMC at $703,851. However,
Travelers had a number of exceptions, most notably, submitting a deductible for worker’s
comp of $250,000 instead of the requested $100,000. That in it-self, could cost the City
ten-fold the $18,319 difference in premium if only one claim maxed out. Travelers also
requested that a cash fund of $882,700 be established for claims payments, where none is
currently required by EMC. Both firm’s quotes are less than our current premium costs,
as the insurance market has softened, but the upside risk and cash requirement of
Travelers would cause us to recommend EMC, who has given the City excellent service
for several years now.
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 acceptance of the insurance proposal with EMC for
2008-2009, with annual renewals.
Sample Motion
Move to accept the 2008-2009 proposal with EMC for commercial insurance coverage,
with renewal options.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
PROPERTY AND GENERAL LIABILITY INSURANCE
RFP DUE DATE: August 29, 2008 at 2:00 p.m.
DEPARTMENT: Finance
PUBLICATION DATE: July 3 & 17, 2008
NO. POTENTIAL BIDDERS: 5
SUMMARY OF PROPOSALS RECEIVED
Ryder Rosacker McCue & Huston
Grand Island NE
cc: David Springer, Finance Director Jeff Pederson, City Administrator
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
P1265
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-248
WHEREAS, proposals were solicited to provide commercial insurance coverage for
property, auto, general and excess liability, and worker’s comp for the City; and
WHEREAS, proposals were due on August 29, 2008; and
WHEREAS, EMC Insurance Company submitted a proposal in accordance with the terms
of the Request for Proposals, such proposal being in the amount of $703,851 for 2008-2009, with
subsequent renewal options; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The proposal of EMC Insurance Company $703,851 to provide commercial insurance coverage to
the City fiscal year 2008 – 2009 with renewal options, is hereby approved as the best evaluated
proposal submitted for that purpose.
2. The proposal for said services be accepted by the City and the Mayor is hereby authorized and
directed to execute such acceptance on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2008-249 - Approving Certificate of Final Completion for New
Fire Station No. 1 Construction
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: September 9, 2008
Subject: Certificate of Final Completion
Item #’s: G-16
Presente r(s): Jim Rowell, Fire Chief
Background
Fire Station #1 was completed in September 2007 and occupied in October of that year.
Discussion
The station was constructed by Tri Valley Builders Inc. of Grand Island Nebraska under a
contract dated April 11, 2006. The work was in compliance with the terms of the contract
and the work is complete. The issuing of a certificate of final completion is appropriate.
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 certificate of final
completion for Fire Station #1, 409 East Fonner Park Road.
Sample Motion
Move to approve the certificate of final completion for Fire Station #1, 409 East Fonner
Park Road.
CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE
FIRE STATION #1 CONSTRUCTION
CITY OF GRAND ISLAND, NEBRASKA
August 28, 2008
TO THE MEMBERS OF THE CITY COUNCIL
GRAND ISLAND, NEBRASKA
This is to certify that the construction of Fire Station #1 at 409 East Fonner Park Road has been
completed by Tri Valley Builders, Inc. of Grand Island, NE under contract dated April 11, 2006.
The work has been completed in accordance with the terms, conditions and stipulations of said
contract and complies with the contract, the plans and specifications, except for ongoing repair
work under warranty. The work is hereby accepted for the City of Grand Island, Nebraska by
me as Fire Chief in accordance with the provisions of the terms of the above said contract.
Fire Station #1 Construction Project
Construction Contract $2,195,000.00
Alternates/Change Order 1 136,879.00
Change Order 2 55,489.00
Change Order 3 9,343.00
Change Order 4 - 656.00
Change Order 5 - 1,611.00
Change Order 6 1,283.00
Final Cost of Construction $2,395,727.00
Respectfully submitted,
Jim Rowell
Fire Chief
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TO THE MEMBERS OF THE CITY COUNCIL
GRAND ISLAND, NEBRASKA
I hereby recommend that the Certificate of Final Completion and Acceptance be approved.
Respectfully submitted,
Margaret Hornady
Mayor
Approved as to Form ¤ ___________
September 5, 2008 ¤ City Attorney
R E S O L U T I O N 2008-249
WHEREAS, on April 11, 2006, by Resolution 2006-123, the City Council of the City
of Grand Island awarded Tri Valley Builders, Inc. of Grand Island, Nebraska, the bid for the
construction of Fire Station No. 1 at a base bid of $2,195,000 plus four alternates resulting in a total bid
cost of $2,455,500; and
WHEREAS, the six change orders resulted in a reduced contract price of
$2,395,727.00.
WHEREAS, the work done by Tri Valley Builders, Inc. is complete.
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 issue a certificate of final completion to Tri Valley Builders, Inc. of Grand Island, Nebraska
for the Fire Station #1 Construction Project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2008-250 - Approving Community Development Block
Grant/Planning Grant Application for Cornhusker Industrial Park
This item relates to the aforementioned Public Hearing Item E-9.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-250
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to receive Community Development Block Grant (CDBG) funds through the
Nebraska Department of Economic Development; and
WHEREAS, the Nebraska Department of Economic Development is offering a CDBG
Planning Grant for economic development; and
WHEREAS, the City will apply for and administer a $75,000 Planning Grant for economic
development planning for the Cornhusker Industrial Park; and
WHEREAS, the Department of Commerce, Economic Development Agency has
committed a $75,000 match for a projected project cost of $150,000; and
WHEREAS, the Nebraska Department of Economic Development presently requires a
public hearing to accept comments and inform the public on the status of the proposed project and grant
application; and
WHEREAS, the public hearing on September 9, 2008, offers the public opportunity to
make such comments to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby
authorized to apply for financial assistance from the Nebraska Department of Economic Development for
economic development planning for the Cornhusker Industrial Park and the Mayor is hereby authorized and
directed to execute such proceedings on behalf of the City of Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Grand Island Public Schools for a
Conditional Use Permit for Concrete Parking Lot for Gates
Elementary School Located at 2723 West Louise Street
This item relates to the aforementioned Public Hearing Item E-9.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item I1
#2008-251 - Consideration of Request from Harold E. & Kathy D.
Carmichael, Jr. dba OK Liquor, 305 West Koenig Street for a
Class “D” Liquor License
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-251
WHEREAS, an application was filed by Harold E. and Kathy D. Carmichael, Jr., doing
business as OK Liquor, 305 West Koenig Street for a Class "D" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on August 30, 2008; such publication cost being $15.34; and
WHEREAS, a public hearing was held on September 9, 2008, for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations:_________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons:_________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2008-252 - Consideration of Request from Roadhouse Garage,
Inc. dba Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B
for a Class “C” Liquor License and Request for Liquor Manager
Designation from Simon Jensen, 642 4th Street, Hampton,
Nebraska
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-252
WHEREAS, an application was filed by Roadhouse Garage, Inc. doing business as
Roadhouse Garage & Gill, 2710 Diers Avenue, Suite B for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on August 30, 2008; such publication cost being $14.91; and
WHEREAS, a public hearing was held on September 9, 2008, for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections and with the restriction
that Sarah Tjaden and Jeff Leo have no involvement in the operation of the
business.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
__________________________________________________________
____ The City of Grand Island hereby recommends approval of Simon Jensen, 642 4th
Street, Hampton, Nebraska, as liquor manager of such business upon the completion
of a state approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I3
#2008-253 - Consideration of Approving General Property,
Parking District #2 (Ramp) and Community Redevelopment
Authority Tax Request
This item relates to the aforementioned Public Hearing Item E-7.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-253
WHEREAS, Nebraska Revised Statute Section 77-1601.02 provides that the property tax
request for the prior year shall be the property tax request for the current year for purposes of the levy set
by the County Board of Equalization unless the Governing Body of the City passes by a majority vote a
resolution or ordinance setting the tax request at a different amount; and
WHEREAS, a special public hearing was held as required by law to hear and consider
comments concerning the property tax request; and
WHEREAS, it is in the best interests of the City that the property tax request for the current
year be a different amount than the property tax request for the prior year; and
WHEREAS, the final levy of the Municipality for the fiscal year 2008-2009 for all general
municipal purposes is set at .250000 per one hundred dollars of actual valuation; and
WHEREAS, the final levy of the Municipality for the fiscal year 2008-2009 for Parking
District No.2 is set at .024220 per one hundred dollars of actual valuation; and
WHEREAS, the final levy of the Municipality for the fiscal year 2008-2009 for the
Community Redevelopment Authority is set at .020790 per one hundred dollars of actual valuation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The amount to be raised by taxation for all general municipal purposes for the fiscal year commencing
on October 1, 2008 in the amount of $5,711,871 shall be levied upon all the taxable property in the City Of
Grand Island, and based on a current assessed valuation of $2,284,748,540; and
2. The amount to be raised by taxation for Parking District No.2 for the fiscal year commencing October 1,
2008 in the amount of $9,000 shall be levied upon all the taxable property within Parking District No.2, and
based on a current assessed valuation of $37,159,887; and
3. The amount to be raised by taxation for the Community Redevelopment Authority for the fiscal year
commencing October 1, 2008 in the amount of $475,000 shall be levied upon the taxable property in the
City Of Grand Island, and based on a current assessed valuation of $2,284,748,540
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item I4
#2008-254 - Consideration of Approving 1% Increase to the Lid
Limit
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: September 9, 2008
Subject: Consideration of Approving 1% Increase to the Lid Limit
Item #’s: I-4
Presenter(s): Dave Springer, Finance Director
Background
In 1998, the Nebraska State Legislature passed LB989, which put a cap on the amount of
restricted revenues a political subdivision can budget. The restricted revenues that the
City of Grand Island includes in the budget are Property Taxes, Local Option Sales Tax,
Motor Vehicle Tax, Highway Allocation, and State Aid. Of these restricted revenues,
property tax is the only revenue which the City can control.
Discussion
Each year political subdivisions are allowed by State Statute to raise the restricted
revenue base from the prior year by 2.5%. The base may also be increased if the growth
in taxable valuation is higher than the allowed 2.5%. A third way to increase the base is
to have the Political Subdivision governing board (City Council) vote to increase the base
by an additional 1%. The base amount is then the maximum amount of restricted
revenues the City can receive. If the City is not at the base amount, the remaining amount
is carried forward as unused authority. The increase in restricted funds authority using the
1% additional amount and the population growth factor is not an increase in budgeted
revenues. It only provides the ability to increase restricted revenues, particularly property
tax, in a future year as necessary, if council so decides. approval of the 1% increase does
not increase authorized expenditures and is prudent fiscal management.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the 1% increase to the Lid Limit.
2. Disapprove or deny the 1% increase.
Recommendation
City Administration recommends that the Council approve the increase to the Lid Limit.
Sample Motion
Move to approve the 1% increase to the Lid Limit for the 2008-2009 Budget.
Approved as to Form ¤ ___________
September 4, 2008 ¤ City Attorney
R E S O L U T I O N 2008-254
WHEREAS, pursuant to Neb.Rev.Stat. #13-519, the City of Grand Island is limited to
increasing its total of budgeted restricted funds to no more than the last prior year’s total of budgeted
restricted funds plus population growth plus two and one-half percent (2 ½%) expressed in dollars; and
WHEREAS, #13-519 authorizes the City of Grand Island to exceed the foregoing budget
limit for a fiscal year by up to an additional one percent (1%) increase in budgeted restricted funds upon the
affirmative vote of at least 75% of the governing body; and
WHEREAS, the Annual Budget for Fiscal Year 2008-2009 and Program for Municipal
Services in the Lid Computation for FY 2008-2009 supported by the detail relating to restricted revenue
accounts, proposes an additional increase in budgeted restricted funds of one percent (1%) as provided by
the statue; and
WHEREAS, approval of the additional one percent (1%) increase in budgeted restricted
funds is prudent fiscal management, does not increase authorized expenditures, and is in the best interests of
the City of Grand Island and its citizens; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that by affirmative vote by more than 75% of the City
Council, budgeted restricted revenue funds for Fiscal Year 2008-2009 shall be increased by an additional
one percent (1%) as provided by Neb. Rev. Stat. #13-519.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I5
#2008-255 - Consideration of Lease Purchase Agreement with
Wells Fargo
This item relates to the aforementioned Public Hearing Item E-10.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Approved as to Form ¤ ___________
September 5, 2008 ¤ City Attorney
R E S O L U T I O N 2008-255
WHEREAS, the Nebraska State Unicameral passed Legislative Bill 1116 which allows for
the relocation of the Nebraska State Fair from Lincoln, Lancaster County, to Grand Island, Hall County, on
property known as Fonner Park; and
WHEREAS, the City Council, for the City of Grand Island, in consideration of LB 1116
has considered the impact of the State Fair upon the City of Grand Island; and
WHEREAS, the City of Grand Island wishes to assist in the efforts to relocate the
Nebraska State Fair by constructing a building, which building will be financed through a Lease Purchase
Agreement with Wells Fargo Brokerage Services, LLC; and
WHEREAS, the Lease Purchase Agreement is allowed by Nebraska State Law for the
purposes of constructing a public building.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the
City, execute the Lease Purchase Agreement and related documents in the amount of $5,062,500.00 with
Wells Fargo Brokerage Services, LLC.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 9, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of August 27, 2008
through September 9, 2008
The Claims for the period of August 27, 2008 through September 9, 2008 for a total amount
of $2,000,415.76. A MOTION is in order.
Tuesday, September 09, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council