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09-23-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 23, 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 Gary Schulte, Evangelical Free Church, 2609 South Blaine 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 D1 #2008-BE-3 - Consideration of Determining Benefits for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: September 23, 2008 Subject: Determining Benefits for Business Improvement District No. 4, South Locust Street from Stolley Park Road to Fonner Park Road and Approving the Assessments Item #’s: D-1 & F-1 Presenter(s): Dave Springer, Finance Director Background In July, 2002, the City Council adopted Odinance No. 8751 creating Business Improvement District No. 4, South Locust Street, Stolley Park Road to Fonner Park Road. The 2008-2009 Budget, as approved by Council on August 26, 2008, provides for special assessments in the amount of $5.00 per front footage for a total of $24,745 for the 4,949 front footage. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits for the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 4 and related assessments. Sample Motion Board of Equalization: Move to approve the benefits accruing to Business Improvement District No. 4 as presented. Ordinance: Move to approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 4, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $24,748.75; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Business Improvement District No. 4, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Michael J. & Mandy Westerby Part of Lot 1, Janisch Subdivision 599.80 Niels C. McDermott Lot 1 (except E 10'), Brownell Subdivision 249.90 Wiltgen Corp. II Lot 5, Kirkpatrick Subdivision 352.75 Wiltgen Corp. II Lot 6, Kirkpatrick Subdivision 347.45 Giomaha LLC Part of Lot 1 (except City), Labelindo Second Subdivision 1,397.90 James Scott Zana, Trustee Part of Lot 1, R & R Subdivision 703.60 Fontenelle Oil Co. #210 E½S½ of Block 9 (except City), Pleasant Home Subdivision 701.90 Locust Street LLC Block 16 (except City), Pleasant Home Subdivision 1,397.75 M & W Investment Co. Part of Lots 1 & 2, Roepke Subdivision 771.70 M & W Investment Co. Part of Lot 1, Roepke Second Subdivision 227.50 Edwards Building Corp. Lot 1 (except City), Fonner Subdivision 749.70 Grand Island Associates, LLC Lot 1, Fonner Fourth Subdivision 2,449.75 5500 L Street Properties Co. Lot 5 (except City), Fonner Second Subdivision 999.30 5500 L Street Properties Co. Lot 6 (except City), Fonner Second Subdivision 2,000.75 Three Circle Irrigation Inc. Part of Lot 1 & Part of Lot 3, Fonner Third Subdivision 1,699.15 Edwards Building Corp. Replatted part of Lot 3, Fonner Third Subdivision 700.00 Kenneth W. & Rosemary Staab Part of the SE¼SE¼ of 21-11-9 (except City) 259.90 GIPH Restaurants LLC Part of SE¼SE¼ of 21-11-9 (except City) 675.45 Michael J. & Carey M. Reilly Lot 1, JNW Subdivision 770.00 Edwards Building Corp. Lot 1, JNW Second Subdivision 829.15 Sax Pizza of America, Inc. Lot 2 (except City), Sax's Subdivision 540.45 Cindy Braddy Part of SE¼SE¼ of 21-11-9 (except City) 676.35 RESOLUTION 2008-BE-3 - 2 - Arec 7, LLC Part of SE¼SE¼ of 21-11-9 (except City) 999.90 Sax Pizza of America, Inc. Lot 1 (except City), Sax's Subdivision 623.45 Michael O. Toukan Lot 3, Goodwill Fifth Subdivision 592.70 Michael O. Toukan Lot 2, Goodwill Fifth Subdivision 328.50 Hall County Livestock Improvement Association Part of SW¼SW¼ & Part NW¼SW¼ (except city) of 22-11-9 1,657.20 Byco Real Estate LLC. Part of Lot 2, R & R Subdivision 696.75 Preferred Enterprises LLC Part of Lot 2 (except City), Fonner Fourth Subdivision 750.05 TOTAL 24,748.75 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item D2 #2008-BE-4 - Consideration of Determining Benefits for Business Improvement District #6, Second Street Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: September 23, 2008 Subject: Determining Benefits for Business Improvement District No. 6, Second Street and Approving the Assessments Item #’s: D-2 & F-2 Presenter(s): Dave Springer, Finance Director Background On August 26, 2008, the City Council adopted Resolution 2008-220, creating Business Improvement District No. 6, Second Street. The 2008-2009 Budget, as approved by Council on August 26, 2008, provides for special assessments in the amount of $6.00 per front footage for a total of $42,864 for the 7,144 front footage. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits for the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 6 and related assessments. Sample Motion Board of Equalization: Move to approve the benefits accruing to Business Improvement District No. 6 as presented. Ordinance: Move to approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 6, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $42,865.56; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Business Improvement District No. 6, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Millennium Management Group Lot 5 (except State), Block 18, Arnold & Abbott's Addition 400.38 J.J.A. Holdings LLC Lots 6, 7 & 8 (except State), Block 18, Arnold & Abbott's Addition 1,187.76 JBWS Property Group, LLC Lot 2 (except State ROW), Block 20 (CO MP Railroad Addition), Arnold & Abbott's Addition 398.04 GIPH Restaurants, LLC E 60' of Lot 3 (except state ROW), Block 20, Arnold & Abbott's Addition (Comp. Fr. Lot 4 County Subdivision 16-11-9) 357.12 GIPH Restaurants, LLC W 6' of Lot 3, all of Lot 4 (except State ROW), Block 20, Arnold & Abbott's Addition (Comp. Fr Lot 4 County Subdivision 16-11-9) 436.38 1203 Partnership Lot 1 (except State ROW) & all Lot 2, Block 3, Arnold Place 791.04 Apfel-Butler-Geddes Funeral Home, Inc. Lots 3 & 4 (except state), all Lot 5, & W1/3 Lot 6, Block 4, Arnold Place 792.60 Brian J. & Lori A. McMahon Part of Lot 6 & Part W½ of Lot 7, Block 10, Baker's Addition 486.90 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part E½ Lot 7, Block 10, Baker's Addition 150.66 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part of Lot 8, Block 10, Baker's Addition 315.36 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part of Lot 9, Block 10, Baker's Addition 308.88 Andy A. Hogeland N 128.84' of Lot 10, Block 10, Baker's Addition 325.20 RSI, Inc. Lots 1, 2, 3, 4, 5, 8, 9 & 10 & E½ of Lot 7 (except State ), Block 11, Baker's Addition 1,099.86 Elm Real Estate LC Lot 6 & W½ of Lot 7 (except State), Block 11, Baker's 483.84 RESOLUTION 2008-BE-4 - 2 - Addition Victoria Land Partners LP Lots 5, 6, 7, 8 & 9 (except State), Block 12, Baker's Addition 1,584.78 Meme Saycocie N 90.5' of Lot 1 (except State). Block 14, Baker's Addition 324.24 Tina M. Royle Lot 2 (except State), Block 14, Baker's Addition 311.82 Kelly Samson & Brandy K. Wright Lot 3 (except State), Block 14, Baker's Addition 311.46 J & B Rentals, LLC Lot 4 (except State), Block 14, Baker's Addition 308.88 Rebecca R. Shuman N½ of Lot 5 (except State), Block 14, Baker's Addition 325.20 Sinclair Marketing, Inc. Lots 1, 2 & 3, Block 15, Baker's Addition 945.90 Robert V. & Bonnie Clark Lot 4 (except State), Block 15, Baker's Addition 308.88 Daffodil, LLC Lot 5 (except State), Block 15, Baker's Addition 325.20 Daffodil, LLC Lots 1, 2, 3, 4 & 5 (except City), Block 16, Baker's Addition 1,580.52 Robert M. Wagner, Trustee Woodward Family Trust Lots 1 & 2, Block 17, Baker's Addition 634.62 Robert M. Wagner, Trustee Woodward Family Trust Lot 3, Block 17, Baker's Addition 311.82 Michael & Ralisa Leaman Lots 4 & 5, Block 17, Baker's Addition 634.98 Cleo E. Albright W 20' of Lot 6 & all Lot 5 (except State ROW), Block 10, Kernohan & Decker's Addition 521.16 Fontenelle Oil Co. #114 Lots 7 & 8 & E 46' of Lot 6 (except State ROW), Block 10, Kernohan & Decker's Addition (Comp. Part Lots 7 & 8, Block 4, Spaulding & Gregg's) 1,062.78 Grand Island Properties, Brian Rourke N½ of Lot 1, Lots 2, 3, 4, 5, 6 & 7, Part Vac Alley & Part Vac Street (except S 10' to City), Block 11, Kernohan & Decker's Addition 1,422.72 John D. & Sallie S. Folsom Lot 8 (except ROW), Block 11, Kernohan & Decker's Addition 395.04 Grand Island Properties, Brian Rourke Block 12 & W 40' of Vac Monroe Street (except City & State), Kernohan & Decker's Addition 1,826.88 Nasan, LLC Lots 1, 2, 3 & 4 & Part Lots 5, 6 & 7 & Part Vac Alley, Block 13, Kernohan & Decker's Addition 1,184.82 Five Points Bank Part Lot 8 & Part Vac Alley, Block 13, Kernohan & Decker's Addition 396.90 Merleen Johnson, Trustee Robert J. Johnson Trust W 26' of Lot 7 & E 33' of Lot 6 (except State), Block 14, Kernohan & Decker's Addition) 354.00 Real Estate Group of G.I., Inc. W 33' of Lot 6, Block 14 (except State) (Comp. Block 41, Packer & Barr's Second Addition) 200.64 Merleen Johnson, Trustee Robert J. Johnson Trust Lot 8 & E 40' of Lot 7 (except State ROW), Block 14, Kernohan & Decker's Addition 630.84 RESOLUTION 2008-BE-4 - 3 - First Federal Savings & Loan Association of Lincoln Fr Lots 1, 2, 3 & 4 (except State ROW), Block 15, and Vac Alley (Comp. Charles Wasmer's Add. Fr Lots 2 thru 4 & Lots 6 thru 10, Block 2 & Vac David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Alley) 1,578.42 Autozone Development Corp. Lot 1 (except ROW), Autozone Subdivision 958.02 Video Kingdom of Grand Island, Inc. Lot 2 (except State ROW), Autozone Subdivision 625.98 Walgreen Co. Lots 1 & 2 & # 10' of Lot 3 & Part Vac Street (except State), Block 17, Kernohan & Decker's Addition 1,092.00 Walgreen Co. Lot 4 (except City) & W 56' of Lot 3 (except State), Block 17, Kernohan & Decker's Addition 735.96 Nebraska District Council of Assemblies of God Part of E2/3 of Lot 1, Block 18, Kernohan & Decker's Addition 260.94 Nebraska District Council of Assemblies of God Part of W1/3 of Lot 1 & E1/3 of Lot 2, Block 18, Kernohan & Decker's Addition 264.00 Walgreen Co. W2/3 Lot 2; all Lots 3 & 4; & Part Vac Street (except State), Block 18, Kernohan & Decker's Addition 1,296.00 Randy L. Evans Fr Lots 3 & 4 (except State ROW), Block 19 (Comp. Block 7 Spaulding & Gregg's Add. & Comp. Block 19, Palmer's Subd.) 793.26 Real Estate Group of G.I., Inc. Lot 5, Block 51 (except State) (Comp. Block 14 Kernohan & Decker's Add.) 394.44 David L. & Frances F. Schaffer Lot 5, Block 114, Railroad Addition 400.38 Mary Story Lot 6, Block 114, Railroad Addition 394.68 Bonna Barton Wanek Lot 8, Block 114, Railroad Addition 395.16 High Road, LLC Lot 1, Block 115, Railroad Addition 395.16 Rafael B. & Rita Orozco Lot 2, Block 115, Railroad Addition 397.44 Rafael & Rita C. Orozco Lot 3, Block 115, Railroad Addition 395.16 Raile Properties, LLC Lot 4, Block 115, Railroad Addition 392.22 Raile Properties, LLC Lots 1 & 2, Block 117, Railroad Addition 792.60 Harlan R. Puncochar, Trustee of HRP Rev. Trust E½ of Lot 3, Block 117, Railroad Addition 192.54 Joy M. & Marietta Beazley W½ of Lot 3, Block 117, Railroad Addition 202.62 Robert K. & Steven G. Durham Lot 4, Block 117, Railroad Addition 394.50 Overland National Bank Lot 5 (except State) & all Lots 6, 7 & 8, Block 118, Railroad Addition 1,587.36 JBWS Property Group, LLC Lot 1, Block 120, Railroad Addition 331.32 Degen Co. Partnership Lots 5, 6 & 7 (except State ROW), Block 3, Spaulding & Gregg's Addition 1,187.76 Nall, Inc. Lot 8 (except State ROW), Block 3, Spaulding & Gregg's Addition 400.38 RESOLUTION 2008-BE-4 - 4 - Larry W. Coffey Lots 3 & 4 (except State ROW), Block 5, Spaulding & Gregg's Addition (Comp. Arnold Place), 794.10 McDonalds Corp. Lots 1, 2, 3 & 4, Block 6 (except State ROW), Spaulding & Gregg's Addition 1,585.20 Randy L. & Cynthia S. Evans Lots 1 & 2 (except State ROW), Block 7, Spaulding & Gregg's Addition 791.94 Bonna Barton Wanek S 88' of Lot 7, Block 114, Railroad Addition 397.92 TOTAL 42,865.56 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item D3 #2008-BE-5 - Consideration of Determining Benefits for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: September 23, 2008 Subject: Determining Benefits for Business Improvement District No. 7, South Locust Street, Hwy 34 to Stolley Park Road and Approving the Assessments Item #’s: D-3 & F-3 Presenter(s): Dave Springer, Finance Director Background On August 26, 2008, the City Council adopted Ordinance No. 9189, creating Business Improvement District No.7, South Locust Street, Hwy 34 to Stolley Park Road. The 2008-2009 Budget, as approved by Council on August 26, 2008, provides for special assessments in the amount of $4.66 per front footage for a total of $45,000 for the 9,665 front footage. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits of the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 7 and related assessments. Sample Motion Board of Equalization: Move to approve the benefits accruing to Business Improvement District No. 7 as presented. Ordinance: Move to approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-5 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 7, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $45,030.94; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Business Improvement District No. 7, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Jerry L. & Janet C. Loney W 273' of Lot 1 (except City), Burch Subdivision 643.06 Larry W. Coffey W 125' of Lots 2, 3 & 4 (except City), Burch Subdivision 826.29 Michael S. & Sandra S. Williams Lot 5 (except City), Burch Subdivision 549.51 Michael S. & Sandra S. Williams Lot 1 (except City), Burch Second Subdivision 644.90 The Eating Establishment Lot 1 (except City), Runza Subdivision 710.81 Bradley L. Shanahan Teresa K. Brooks E 100' of Lot 12, & E 100' of Lot 13, (except City) Holcomb's Highway Homes Subdivision 918.00 Robert D. Hancock & Charles L. Hancock Lot 14 (except City), Holcomb's Highway Homes Subdivision 502.88 Ryan & Darcy Hansen Lot 15 (except City), Holcomb's Highway Homes Subdivision 497.74 Dianna D. Duering Lot 1, Bartz Subdivision 500.31 Gary & Linda Shovlain Lot 3, Shovlain Second Subdivision 713.15 Calvin J. & Donna Wratten S 52' of Lot 19 & N 1' of Lot 20, Holcomb's Highway Homes Subdivision 240.19 Video Kingdom of Grand Island, Inc. S 108' of Lot 20 (except City), Holcomb's Highway Homes Subdivision 500.40 Kershner Properties, LLC N 60' of Lot 22 (except City), Holcomb's Highway Homes Subdivision 271.91 Charles A. Douthit Lot 21 (except City), Holcomb's Highway Homes Subdivision 500.40 Da-ly Properties, LLC S 98' of Lot 23 & N 12' of Lot 24, (except City) Holcomb's Highway Homes Subdivision 504.90 Kershner Properties, LLC S 49' feet of Lot 22 & N 11' of Lot 23 (except City), Holcomb's Highway Homes Subdivision 275.40 RESOLUTION 2008-BE-5 - 2 - Llamas Enterprises Partnership & Alina Hernandez S 97' of Lot 24, Lot 25, & N 38' of Lot 26, (except City) Holcomb's Highway Homes Subdivision 1,119.68 Marion D. Larsen Rev. Trust N 79' of Lot 27 & S 71' of Lot 26, (except City) Holcomb's Highway Homes Subdivision 688.78 McCloud Super 8 Motel Inc. Part of Lot 25 (except City), Matthews Subdivision 1,135.93 William E. & Sandra L. Lawrey Lot 1 (except City), Garrison Subdivision 1,037.94 Nebraska Mil-Nic, a/k/a Cedar Street Investment Co. Lot 2, Mil-Nic Second Subdivision 1,255.82 Paulsen and Sons Inc. Lots 1 & 28 (except City), Lots 2, 3, 26 & 27, Roush's Pleasantville Terrace Subdivision 918.28 Gary E. Shovlain Lot 2, Shovlain Second Subdivision 550.89 Rex E. & Jonadyne A. Carpenter Lot 1 [200' x 400'] (except City), Woodland First Subdivision 915.34 Rex E. & Jonadyne A. Carpenter Lot 2 [200' x 400'] (except City), Woodland First Subdivision 918.18 Equitable Federal Savings Bank of Grand Island Lot 3 (except City), Woodland First Subdivision 918.28 Danny K. Oberg Lot 4 (except City), Woodland First Subdivision 913.59 Darryl Wilhelmi Lot 5 (except City), Woodland First Subdivision 918.28 Richard S. Rasmussen, Jr., Jack E. & Joanne L. Rasmussen, June E. & William Blackburn N 50' of E 260' of Lot 6 (except City), Woodland First Subdivision 228.81 Pamela Ehlers S 126' of E 260' of Lot 6 (except City), Woodland First Subdivision 581.23 Alpha Corporation E 260' of Lot 8 (except City), Woodland First Subdivision 961.38 Stratford Plaza, L.L.C. Lot 11 (except City), Woodland Second Subdivision 2,492.92 Bosselman Inc. Lot 8, Woodland Second Subdivision 685.47 Bennett Properties Inc. Lot 9, Woodland Second Subdivision 688.64 Laub-Otto, LLC Lot 10, Woodland Second Subdivision 729.31 Richard S. Rasmussen, Jr., Jack E. & Joanne L. Rasmussen, June E. & William G. Blackburn Lot 1 except N 25' of E 260' (except City), Woodland Third Subdivision 343.88 Dale & Kathleen Arp N 25' of E 260' of Lot 1 & all of Lot 2, (except City) Woodland Third Subdivision 573.43 McDermott & Miller, PC Lot 1 (except City), Woodridge South Subdivision 1,159.07 Marion D. Larsen Rev. Trust Lot 2 (except City), Woodridge South Subdivision 498.84 Southeast Crossings LLC Part of Lot 1 MLD (except City) of 27-11-9 455.37 Milton Motels LLC Part of N½SW¼SW¼ of 27-11-9 2,313.45 Platte Valley State Bank & Trust Lot 1, Equestrian Meadows Subdivision 818.03 RESOLUTION 2008-BE-5 - 3 - Company Chlonate LLC Part of Lot 1 (except City), Desert Rose Subdivision 1,963.74 Theodore J. Robb Part of NW¼SW¼ (except City) of 27-11-9 1,542.29 MIK, LLC Part of NW¼SW¼ of 27-11-9 and part of Lot 4 Island (except City) 1,418.22 Community Redevelopment Authority Part of Lot 1 MLD of 27-11-9 670.87 John L. & Beth A. French Lot 1 (except City), Knox Subdivision 641.82 All Faiths Funeral Home LLC Part of NW¼NW¼SW¼ of 27-11-9 1,101.60 Pharmacy Properties LLC Lot 2, Equestrian Meadows Subdivision 665.50 Ronald J. & Lori D. Willis Part of NE¼NE¼ (except City) of 28-11-9 459.00 Mason D. Robb & Theodore J. Robb Lot 2 (except City), Knox Third Subdivision 606.06 Ted Robb Lot 3 (except City), Knox Third Subdivision 353.71 O'Reilly Automotive, Inc. Lot 2 (except City), Runza Subdivision 714.39 Mason D. Robb & Theodore J. Robb Lot 1 (except City), Knox Third Subdivision 707.55 MA Faulkner Trust Lot 3, Equestrian Meadows Subdivision 845.39 Wayne Vanosdall Sanitation Part of N½SW¼SW¼ of 27-11-9 720.13 TOTAL 45,030.94 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item D4 #2008-BE-6 - Consideration of Determining Benefits for Business Improvement District #8, Downtown Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: September 23, 2008 Subject: Determining Benefits for Business Improvement District No. 8, Downtown, and Approving the Assessments Item #’s: D-4 & F-4 Presenter(s): Dave Springer, Finance Director Background On August 26, the City Council adopted Ordinance No. 9180, creating Business Improvement District No. 8, Downtown. The 2008-2009 Budget, as approved by Council on August 26, 2008, provides for special assessments on land and real property in the District as of January 1, 2008 in the amount of $.295599 per $100 of real property. The total taxable value of $ 29,326,665 provides for assessments of $86,689. Discussion The City Council, in its’ capacity as the Board of Equalization, is required to determine the benefits of the District and take action on the assessments as provided for in the associated Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the benefits for the District and related assessments. 2. Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the benefits of Business Improvement District No. 8 and related assessments. Sample Motion Board of Equalization: Move to approve the benefits accruing to Business Improvement District No. 8 as presented. Ordinance: Move to approve the assessments as provided for in the related Ordinance. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Business Improvement District No. 8, after due notice having been given according to law, that we find and adjudge: 1. The benefits accruing to the real estate in such Business Improvement District No. 8 is the total sum of $86,689.36; and 2. According to the assessed value of the respective lots, tracts, and real estate within such Business Improvement District, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Kinder Morgan Interstate Gas Transmission Centrally Assessed 23.17 Northwestern Corporation Centrally Assessed 511.92 Windstream Nebraska, Inc. Centrally Assessed 0.00 Qwest Corporation Centrally Assessed 2,622.31 A T & T Communications Centrally Assessed 58.59 NPCR, Inc., d/b/a Sprint-Nextel Centrally Assessed 32.23 IPCS Wireless, Inc. Centrally Assessed 0.00 George Jay Jorgensen Beckby N 100.5' E2/3 Lot 1, Block 54, Original Town 288.99 George Jay Jorgensen Beckby S 31.9' E2/3 Lot 1, Block 54, Original Town 69.41 Wing Properties Inc. W1/3 Lot 1, Block 54, Original Town 23.00 R. Dennis & Patricia A. Norris, Trustees Lot 2, Block 54, Original Town 559.76 John W. & Teresa A. Wayne N1/2 W2/3 Lot 6, N1/2 Lot 5, Block 54, Original Town 460.68 Gus G. Katrouzos S 60' W1/3 Lot 5, Block 54, Original Town 84.53 Gus G. Katrouzos S 60' W 16' E2/3 Lot 5, Block 54, Original Town 68.97 Nickie J. Kallos, Jr. E 28' S1/2 Lot 5; N 6' W 38' S1/2 Lot 5, Block 54, Original Town 156.29 Nickie J. Kallos, Jr. W 22' S1/2 Lot 6; Block 54, Original Town 168.79 R. Dennis & Patricia A. Norris, Trustees E 22' W 44' S1/2 Lot 6; E 22' Lot 6, Block 54, Original Town 383.42 R. Dennis & Patricia A. Norris, Trustees W1/3 Lot 7, Block 54, Original Town 307.96 R. Dennis & Patricia A. Norris, Trustees C1/3 Lot 7, Block 54, Original Town 299.81 Wing Properties Inc. E1/3 Lot 7, Lot 8 (except City), Block 54, Original Town 693.13 Nathan Detroit, Inc. N1/2 Lot 1, Block 55, Original Town 478.33 Nathan Detroit, Inc. N 44' S1/2 Lot 1, Block 55, Original Town 319.43 R E S O L U T I O N 2008-BE-6 - 2 - Virginia Irvine S 22' Lot 1, Block 55, Original Town 98.38 Russell L. Hoetfelker S1/2 W1/2 Lot 3; S1/2 Lot 4, Block 55, Original Town 368.98 Downtown Center LLC N 67.5' Lot 5, Block 55, Original Town 49.99 Matthew E. & Janelle A. Armstrong N 20' S 64.5' Lot 5, Block 55, Original Town 115.79 Erives Enterprises LLC S 44.5’ Lot 5, Block 55, Original Town 217.72 Famos Construction, Inc. W2/3 Lot 6, Block 55, Original Town 187.49 Arthur V. & Jeanene Campos E1/3 Lot 6, Block 55, Original Town 142.20 Prairie Winds Art Center, Inc. W1/3 Lot 7, Block 55, Original Town 222.28 Terrence R. Merchen E2/3 Lot 7, Block 55, Original Town 308.50 T.W. Ziller Properties LLC W1/3 Lot 8, Block 55, Original Town 94.38 T.W. Ziller Properties LLC C1/3 Lot 8, Block 55, Original Town 98.38 T.W. Ziller Properties LLC E1/3 Lot 8, Block 55, Original Town 441.19 Downtown Center LLC N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original Town 167.97 Downtown Center LLC N 22' S 42', W 6' S 20', Lot 1, Block 56, Original Town 15.06 Downtown Center LLC N 22' S 64' Lot 1, Block 56, Original Town 13.91 Downtown Center LLC S 20' E 60' Lot 1, Block 56, Original Town 11.50 Carl & Susan A. Mayhew W1/3 Lot 5, Block 56, Original Town 255.06 R & B Capital Enterprises LLC E2/3 Lot 5, Block 56, Original Town 443.01 Helen E. & James A. Pohl Lot 6, Block 56, Original Town 320.46 Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 364.95 Downtown Center LLC Lot 8, Block 56, Original Town 1,720.95 J & B Rentals LLC Lot 1, Ziller Subdivision 585.06 JEO Building Company Lot 7, Block 57, Original Town 865.36 Overland Building Corp. Lot 8, Block 57, Original Town 1,132.44 FirsTier Bank National Assoc. Lots 1 & 2, Block 58, Original Town 324.50 FirsTier Bank National Assoc. N1/2 Lot 3; N1/2 Lot 4, Block 58, Original Town 113.88 FirsTier Bank National Assoc. Lot 5; W 22' Lot 6, Block 58, Original Town 1,556.69 FirsTier Bank National Assoc. S1/2 Lot 3; S1/2 Lot 4, Block 58, Original Town 120.90 Darrell & Joyce Albers Lot 1, Jensen Subdivision 151.13 M SQ Designs, Inc. W1/3 Lot 7, Block 58, Original Town 233.70 James K. Keeshan C1/3 Lot 7, Block 58, Original Town 141.31 Jesus G. & Victoria Galvan Lot 1, Prensa Latina Subdivision 100.52 Eliseo & Jessica Calderon Lot 2, Prensa Latina Subdivision 101.47 Mark D. Stelk Lot 4, Prensa Latina Subdivision 314.59 Margoth Carpio & Brenda Eugenia Panameno Lot 3, Prensa Latina Subdivision 173.19 Mead Bldg. Centers of G.I. N 102.5' Lot 1; Lot 2, Block 59, Original Town 367.63 H & H Land Co. S 29.5' Lot 1, Block 59, Original Town 18.66 R E S O L U T I O N 2008-BE-6 - 3 - Mead Bldg. Centers of G.I. Lot 3; S 99' Lot 4, Block 59, Original Town 164.54 Mead Bldg. Centers of G.I. N 33' Lot 4, Block 59, Original Town 168.49 Masonic Templecraft Assoc. of G.I. Lot 5, Block 59, Original Town 251.74 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 179.77 Larry C. & Mary Ann Gerdes W 23' Lot 6, Block 59, Original Town 178.83 Doax Investment Co. E 20' Lot 6; W1/2 Lot 7, Block 59, Original Town 17.74 H & H Land Company W 22' E1/2 Lot 7, Block 59, Original Town 176.64 H & H Land Company E 11' Lot 7; Lot 8, Block 59, Original Town 508.62 CKP LLC Lots 1 & 2, Block 60, Original Town 491.46 CKP LLC Lot 3, Block 60, Original Town 116.42 Business Properties of Nebraska LLC Lot 4, Block 60, Original Town 215.43 618 W 3rd Street LLC Lots 5 & 6, Block 60, Original Town 719.69 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 553.79 Daniel H. Eakes and Ronald L. Eakes, Trustees Lots 1 & 2, Block 61, Original Town 773.55 Daniel H. Eakes and Ronald L. Eakes, Trustees Lots 3 & 4, Block 61, Original Town 708.05 Tri-City Properties LLC Lot 5, Block 61, Original Town 688.77 Jack L. Hansen Lots 6, 7 & 8, Block 61, Original Town 791.42 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 190.51 Cedar Street Properties LLC N 88' Lot 1, Block 62, Original Town 502.60 Cedar Street Properties LLC Lot 2, Block 62, Original Town 285.22 Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original Town 152.01 Vincent A. Moreno & Darren M. Moreno S1/2 W 50' Lot 5, Block 62, Original Town 84.26 D & D Investments N1/2 W 50' Lot 5, Block 62 235.21 Vogel Enterprises, Ltd. E 16' Lot 5; W1/2 Lot 6, Block 62, Original Town 61.82 Vogel Enterprises, Ltd. E1/2 Lot 6; W1/2 Lot 7, Block 62, Original Town 370.03 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 1,118.20 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 358.58 Marlyn J. Miller W1/3 Lot 3; E1/3 Lot 4, Block 63, Original Town 259.75 Monte C. & Sheri S. Hack S 88' Lot 8, Block 63, Original Town 392.48 Maude E. Walters & Michael L. Walters E1/3 Lot 1, Block 64, Original Town 386.10 Craig C. Hand C1/3 Lot 1, Block 64, Original Town 148.67 Cosrec Enterprises W1/3 Lot 1, Block 64, Original Town 190.76 Glade Inc. E 44' Lot 2, Block 64, Original Town 266.78 Ivan P. & Sharon L. Walsh W1/3 Lot 2, Block 64, Original Town 202.92 Double S Properties LLC E1/3 Lot 3, Block 64, Original Town 185.42 Donald D. & Marilyn J. Mehring W2/3 Lot 3, Block 64, Original Town 165.23 R E S O L U T I O N 2008-BE-6 - 4 - Galen E. & Tamera M. Gerdes Lot 4, Block 64, Original Town 876.39 Vicki L. Kissler N 22' Lot 8, Block 64, Original Town 177.98 Terry N. & Susan M. Taylor S1/2 N1/3 Lot 8, Block 64, Original Town 174.08 Laverne & Donna R. Shehein N 44' S 88' Lot 8, Block 64, Original Town 181.26 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 213.77 Thomas L. & Lois E. Nielsen E1/3 Lot 2, Block 65, Original Town 163.77 Constance K. Swanson C1/3 Lot 2, Block 65, Original Town 154.38 Archway Partnership W1/3 Lot 2, Block 65, Original Town 242.46 Bartenbach Real Estate, LLC E1/3 Lot 3, Block 65, Original Town 159.97 Janelle L. Brown W1/3 Lot 3, Block 65, Original Town 140.21 Allen & Linda Hoffer E1/3 Lot 4, Block 65, Original Town 282.81 Harriet K. Lambrecht W2/3 Lot 4, Block 65, Original Town 176.56 J & B Rentals LLC S 44' N1/2 Lot 5, Block 65, Original Town 229.37 Terry N. & Susan M. Taylor N 22' Lot 5, Block 65, Original Town 134.16 JO Enterprises Inc. S1/2 Lot 5, Block 65, Original Town 285.42 Steven L. & Barbara J. Fuller W1/3 Lot 6, Block 65, Original Town 87.45 Scott B. & Sheri L. Arnold E2/3 Lot 6, Block 65, Original Town 167.44 T. W. Ziller Properties LLC W1/2 Lot 7, Block 65, Original Town 217.08 C & S Group LLC N 55' E1/2 Lot 7; N 55' Lot 8, Block 65, Original Town 49.68 C & S Group LLC Pt W 18.9' E1/2 Lot 7; N 29.9' E 14.1' Lot 7; W 29' C 22' E1/2 Lot 7, N 29.9' S 55' Lot 8 except N6' S31.1' E40' Lot 8, Block 65, Original Town 171.55 David J. Parmley C 22' E 4' Lot 7; C 22' Lot 8, Block 65, Original Town 275.88 C & S Group LLC S 25.1' Lot 8; N 6' of S 31.1' of E 40' Lot 8; and S 25.1' of E14.1' of Lot 7, Block 65, Original Town 221.45 James J. Berglund Lots 1 & 2, Block 66, Original Town 1,202.09 Bonnie G. Koepke S1/3 W1/3 Lot 3 (Except 17.5'), C1/3 Lot 3, Block 66, Original Town 251.16 John F. Vipperman, Arthur S. Wetzel E1/3 Lot 3, Block 66, Original Town 228.60 James G. Duda N 88' E1/3 Lot 4, Block 66, Original Town 235.05 J. Gary & Patricia M. Vejvoda N 88' C1/3 Lot 4, Block 66, Original Town 291.75 Ben’s Drug Store, Inc. N 80' W1/3 Lot 4, Block 66, Original Town 117.54 The Retzler Development Group, LLC Pt W 17.5' S 44' Lot 3; N 8' S 52' W 22', & S 44', Lot 4, Block 66, Original Town 206.32 Bartenbach Real Estate, LLC Lot 5; W1/3 Lot 6, Block 66, Original Town 518.80 Bartenbach Real Estate, LLC E2/3 Lot 6; W1/3 Lot 7, Block 66, Original Town 269.91 James E. & Mary Ann Keeshan E2/3 Lot 7, Block 66, Original Town 274.59 Procon Management Inc. Lot 8, Block 66, Original Town 3,108.29 Plaza Square Development LLC S1/2 Block 67, Original Town 1,365.72 Steven P. & Vicki Rasmussen W2/3 Lot 2, Block 68, Original Town 333.94 R E S O L U T I O N 2008-BE-6 - 5 - S & V Investments, LLC Lots 3 & 4, Block 68, Original Town 1,468.22 Plaza Square Lot 5; W 22' Lot 6, Block 68, Original Town 126.50 Richard J. & Helen K. Strehle & Kimn A. & Greggory W. Peterson E2/3 Lot 6; W6’ Lot 7, Block 68, Original Town 180.45 Richard J. & Helen K. Strehle & Kimn A. & Greggory W. Peterson E 60' Lot 7, Block 68, Original Town 261.28 Tim C. Plate Lot 8, Block 68, Original Town 268.34 Wilhelm R. Gulzow Lot 1, Block 77, Original Town 83.04 Donna M. Douthit Lot 2, Block 77, Original Town 69.00 Donna M. Douthit Lots 3 & 4, Block 77, Original Town 1,534.54 Equitable Building & Loan Assn Lot 1, Block 79, Original Town 351.60 Equitable Building & Loan Assn Lot 2, Block 79, Original Town 104.96 Equitable Building & Loan Assn S 44' Lot 3; S 44' Lot 4, Block 79, Original Town 1,368.56 Equitable Building & Loan Assn N 26' 10.5" Lot 8, Block 79, Original Town 26.94 Equitable Building & Loan Assn S 17' 1.5" N 44' Lot 8, Block 79, Original Town 15.45 Equitable Building & Loan Assn S 88' Lot 8, Block 79, Original Town 93.50 Thomas W., Joseph P. & Timothy R. O’Neill E 22' Lot 4, W 22' of Lot 3, Block 80, Original Town 183.55 Thomas W. Joseph P. & Timothy R. O’Neill W 44' Lot 4, Block 80, Original Town 132.66 David C. Huston C1/3 Lot 8, Block 80, Original Town 263.19 Derek L. & Ruth E. Mitchell S 44' Lot 8, Block 80, Original Town 247.37 Ronald E. & Sharon R. Trampe W1/3 Lot 2, Block 81, Original Town 157.68 James S. & Precious A. Reed C1/3 Lot 3, Block 81, Original Town 247.86 Ronald C. & Vada M. Krauss W1/3 Lot 3, Lot 4, Block 81, Original Town 470.80 Walnut Street Partnership Lot 5, Block 81, Original Town 442.38 Walnut Street Partnership Lot 6, Block 81, Original Town 179.74 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 869.01 Kent A. Schroeder and Donald L. Rathman, Trustees N1/3 Lot 8, Block 81, Original Town 251.19 Gatehouse Media Nebraska Holdings Inc. Lot 1, Block 82, Original Town 80.58 Gatehouse Media Nebraska Holdings Inc. Lot 2, Block 82, Original Town 269.09 Gatehouse Media Nebraska Holdings Inc. Lot 3, Block 82, Original Town 80.58 Gatehouse Media Nebraska Holdings Inc. Lot 4, Block 82, Original Town 275.57 Gatehouse Media Nebraska Holdings Inc. Lots 5, 6, 7 & 8, Block 82, Original Town 2,756.15 Grand Island Hospitality LLC Lots 1 & 2, Block 83, Original Town 393.56 JOMIDA, Inc. Lots 3 & 4, Block 83, Original Town 934.38 Eliseo & Jessica Calderon N 60.35' Lot 5, Block 83, Original Town 168.87 J & B Rentals LLC S 71.65' Lot 5, Block 83, Original Town 170.32 Tomas Mateo P & Isabel Domingo Agustin W2/3 Lot 6, Block 83, Original Town 251.91 R E S O L U T I O N 2008-BE-6 - 6 - Sylvia Perez E1/3 Lot 6; Lot 7, Block 83, Original Town 288.88 Michael Owen & Sonya Kay Wooden E 41' N 28' Lot 8, Block 83, Original Town 134.98 Michael Owen & Sonya Kay Wooden Pt N1/3 S2/3 Lot 8, Block 83, Original Town 196.10 Frances Mae Gatzemeyer Lot 1, Block 85, Original Town 502.54 Frances Mae Gatzemeyer Lot 2, Block 85, Original Town 189.05 Contryman & Associates Lots 3 & 4, Block 85, Original Town 479.83 G.I. Liederkranz Lots 1, 2, 3 & 4, Block 87, Original Town 296.13 Enviro-Clean Contractors Inc. N 60' Fr Lots 1, 2 & 3, Block 89, Original Town 352.67 Gregory D. & Charlene A. Emery E 51' 8” Lots 1, 2 and 3, Campbell’s Subdivision 90.05 David T. & Patricia A. Schroeder W 75'4” Lots 1, 2 & 3, Campbell’s Subdivision 279.69 Hastings Grain Inspection Inc. Lots 4, 5 & 6; N10' Lot 7, Campbell’s Subdivision 167.53 Hastings Grain Inspection Inc. S 12' Lot 7; Lot 8, Campbell’s Subdivision 240.07 Two Brothers Inc. 32' x 127' Lot 9, Campbell’s Subdivision 219.72 Edward A. & Jane A. Loeffler N 14' Lot 3; S 26' Lot 2, Block 1, Hann’s Addition 296.99 Stephen R. & Gladis M. Schuller N 7' Pt Lot 4; S 43' Lot 3, Block 1, Hann’s Addition 266.85 Miguel I. Delamora Morfin & Norma Zuniga E 60' S 50' Lot 4, Block 1, Hann’s Addition 225.36 Kathleen A. Campbell W 67' S 50' Lot 4, Block 1, Hann’s Addition 128.08 Marsh Properties LLC S 5' Lot 2; Lot 3, Block 4, Hann’s Second Addition 504.77 Tommy L. Ummel Jr. Lot 2, Hann’s Fifth Subdivision 187.40 Robert J. Mueller Lot 1, Hann’s Fifth Subdivision 121.41 Two Brothers Inc. W 111' x 118', Block 5, Hann’s Third Addition 455.21 Carlos A. Rosales-Monzon N 52.5' E 91.9’, Block 5, Hann’s Third Addition 245.70 Larry E. Royle E 56' W 174', Block 5, Hann’s Third Addition 164.16 Linda L. Valenzuela S 58.5' E 91.9', Block 5, Hann’s Third Addition 237.03 Hoos Insurance Agency Inc. Lot 4, Pt of Vac St, Block 97, Railroad Addition 276.63 Filemon Sanchez N1/2 Lot 1, Block 98, Railroad Addition 22.50 Filemon Sanchez S1/2 Lot 1, Block 98, Railroad Addition 291.14 Arvid C. Carlson Lot 2, Block 98, Railroad Addition 116.21 Carolyn E. Kuehner W1/2 Lot 3, Block 98, Railroad Addition 160.09 Lee Ann G. & Michael W. Schafer E1/2 Lot 3, Block 98, Railroad Addition 175.15 Tim C. Plate N 86' Lot 4, Block 98, Railroad Addition 93.50 Tim C. Plate S 46' Lot 4, Block 98, Railroad Addition 170.68 Tim C. Plate Lot 5, Block 98, Railroad Addition 522.01 Tim C. Plate Lot 6, Block 98, Railroad Addition 232.38 Floriberto Sanchez Benitez W 52' Lot 7, Block 98, Railroad Addition 211.97 Filemon Sanchez E 14' Lot 7; Lot 8, Block 98, Railroad Addition 334.03 Lee Ann Vaclavek Fr. Lot 1 & Fr. Lot 2, Block 105, Railroad Addition 119.79 R E S O L U T I O N 2008-BE-6 - 7 - Fox Family LLC Lot 3, Block 105, Railroad Addition 211.98 Lazendorf Holdings Limited Partnership Lot 4, Block 105, Railroad Addition 380.55 Fox Family LLC Lot 5; Fr. Lots 6 & 7, (except City), Block 105, Railroad Addition 1,008.55 Contryman & Associates Lots 1 & 2, Block 106, Railroad Addition 374.35 Clifford Frymire & Larry Royle Lot 3, Block 106, Railroad Addition 195.89 Guadalupe & Pedro Fernandez Lot 4, Block 106, Railroad Addition 333.98 The Muffler Shop, Inc. Lots 1 & 2, Block 107, Railroad Addition 367.99 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 182.98 Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 340.48 Joseph M. & Lori Jean Brown N1/2 Lot 5, Block 107, Railroad Addition 150.20 Charles E. & Mary A. Fox Lot 6, Block 107, Railroad Addition 269.11 Charles E. & Mary A. Fox Lot 7 (except N 60' E 22' & except E 29.54' S 71.50'), Block 107, Railroad Addition 196.30 David E. Janda, DDS PC E 29.54' S 71.5' Lot 7 S 72' Lot 8, Block 107, Railroad Addition 316.32 Barbara J. Clinch N 60' E 22' Lot 7, N 60' Lot 8, Block 107, Railroad Addition 266.20 Richard & Marilyn Fox Lots 1 & 2, Block 108, Railroad Addition 476.25 Casey & Misti Williams E 37' Lot 3, Block 108, Railroad Addition 201.44 Douglas Bookkeeping Service Inc. W 29' Lot 3, Lot 4, Block 108, Railroad Addition 579.42 Donald J. & Janet L. Placke S 88' Lot 5, Block 108, Railroad Addition 133.57 Donald J. & Janet L. Placke N44' Lot 5, Block 108, Railroad Addition 77.75 Sam Huston Rev Living Trust Lot 6, Block 108, Railroad Addition 185.46 Bosselman, Inc. Lots 7 and 8, Block 108, Railroad Addition 578.54 David A. & Carolyn J. Gilroy S 61' Lot 1; S 61' Lot 2, Block 109, Railroad Addition 203.61 Gregory T. & Gay L. Austin N 71' Lot 1; N 71' Lot 2, Block 109, Railroad Addition 128.28 J&B Rentals, LLC E 59.5' Lot 3, Block 109, Railroad Addition 140.57 J&B Rentals, LLC W 6.5' Lot 3, E 52'11" Lot 4, Block 109, Railroad Addition 70.05 Roger L & Sharon K. McShannon E 52'11” Lot 5, Lot 6, Block 109, Railroad Addition 216.19 LPB, LLC Lots 7 & 8, Block 109, Railroad Addition 673.60 Margo Schager Lot A, Gilbert’s North Subdivision in part of Block 79, Original Town 157.57 Equitable Building & Loan Assn of G.I. Lot B, Gilberts North Subdivision in part of Block 79, Original Town 164.55 Equitable Building & Loan Assoc of G.I. Yancey Condominium 102 147.61 Equitable Building & Loan Assoc of G.I. Yancey Condominium 103 215.38 Equitable Building & Loan Assoc of G.I. Yancey Condominium 104 529.30 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201A 467.76 R E S O L U T I O N 2008-BE-6 - 8 - Devco Investment Corporation Yancey Condominium 301 101.48 Arvon J. & Luella M. Marcotte Yancey Condominium 302 73.69 Thomas M. & Nita J. Farr Yancey Condominium 303 104.82 William L. Zins Yancey Condominium 304 96.58 Dudley D. & Diana K. Baxter Yancey Condominium 401 74.90 Artvest III Yancey Condominium 402 85.44 Artvest III Yancey Condominium 403 82.04 Michael D. Jones Yancey Condominium 404 135.67 Artvest III Yancey Condominium 405 82.44 Troy D. & Celeste K. Johnson Yancey Condominium 406 116.29 Wyndell F. & Barbara B. Fordham Yancey Condominium 407 127.68 Eric D. Luce Yancey Condominium 501 108.20 Artvest III Yancey Condominium 502 87.82 Dudley D. & Diana K. Baxter Yancey Condominium 503 82.10 Artvest III Yancey Condominium 505 82.50 Robert A. Cieloha Yancey Condominium 506 116.38 Kelvin Paul & Bonnie Diane Davis Yancey Condominium 507 131.58 Artvest III Yancey Condominium 601 75.63 Artvest III Yancey Condominium 602 87.97 Colleen A. O'Neill Donald Matthews Yancey Condominium 603 117.87 Thomas B. Clyne Rev Trust Yancey Condominium 604 94.97 Artvest III Yancey Condominium 605 82.59 Sharon Graves Lind Yancey Condominium 606 81.69 Charmaine L. Arp Yancey Condominium 607 123.42 Laura J. Johnson Yancey Condominium 701 82.70 Artvest III Yancey Condominium 702 88.09 Richard A. & Margaret A. Johnson Yancey Condominium 703 82.34 Art N. & Jan L. Burtscher Yancey Condominium 704 135.97 Michelle R. Rathjen Yancey Condominium 705 90.84 Clifton J. Long, Sandra A. Thinnes Yancey Condominium 706 81.46 Donald D. & Linda K. McQuown Yancey Condominium 707 122.04 Artvest III Yancey Condominium 801 75.78 Mapes & Co. Partnership Yancey Condominium 802 88.17 Mapes & Co. Partnership Yancey Condominium 803 96.40 Judy J. Arnett Yancey Condominium 804 109.05 Wendy L. Alexander Yancey Condominium 805 81.34 Jack L. Nelson Yancey Condominium 806 66.47 R E S O L U T I O N 2008-BE-6 - 9 - James F. Nissan Rev Trust Yancey Condominium 901 75.81 Everett A. & Elaine S. Evnen Yancey Condominium 902 88.23 Everett A. & Elaine S. Evnen Yancey Condominium 903 96.46 Ann C. Atkins Yancey Condominium 904 142.21 Tammy L. Dizmang Yancey Condominium 905 94.59 Sharon Graves Lind Yancey Condominium 906 144.75 Linda M. Todd Yancey Condominium 1001 82.88 Dan & Chris Fogland Yancey Condominium 1002 88.26 Jeremy S. & Jack L. Gillam Yancey Condominium 1003 96.52 Ruth E. Megard, Trustee Yancey Condominium 1005 103.16 John Patrick Tooley Yancey Condominium 1101 83.00 Linda L. Clare Rev Trust Yancey Condominium 1102 88.35 Lynn A. Buckley Yancey Condominium 1103 73.91 Frank L. Hoelck Trust Yancey Condominium 1104 148.19 Elizabeth W. Mayer Yancey Condominium 1105 103.31 Elizabeth W. Mayer Yancey Condominium 1106 177.00 Home Federal Savings & Loan Assn Lot 3, Hann's 4th Addition 1,817.94 Artvest III Yancey Condominium 002 9.90 Artvest III Yancey Condominium 001 25.37 Roxann T. Ellison W 18.9' E 33' S 25.1' Lot 7, Block 65, Original Town 54.05 Equitable Building & Loan Assoc of G.I. Yancey Condominium 101 35.69 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201B 56.53 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201C 142.30 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201D 108.54 Home Federal Savings & Loan Assoc. of G.I. Pt Lots 1, 2, 3, 4 & 7; Lots 5 & 6; Pt Vac Alley, Block 89, Original Town 370.32 Eliseo & Jessica Calderon Lot 2, Jensen Subdivision 92.53 TOTAL 86,689.36 - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: R E S O L U T I O N 2008-BE-6 - 10 - _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from Balz Banquet & Reception Hall, Inc. dba Balz Banquet & Reception Hall, 213 North Sycamore Street for a Class “C” Liquor License Tuesday, September 23, 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 23, 2008 Subject: Public Hearing on Request from Balz Banquet & Reception Hall, Inc. dba Balz Banquet & Reception Hall, 213 North Sycamore Street for a Class “C” 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 manne r 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 Balz Banquet & Reception Hall, Inc. dba Balz Banquet & Reception hall, 213 North Sycamore Street ha s 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. This application would cover the south portion of the 1st floor and kitchen area, approximately 93’ x 134’ of what is known as the Eagles building. The Eagles Fraternal Order #378 would retain their current license for the basement area. Council action will take place under the Consent Agenda for a deletion of the 1st floor area from the Eagles liquor license. 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. Also included with the application was a request from James K. Jeffries, 40 Kuester Lake 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 Balz Banquet & Reception Hall, Inc. dba Balz Banquet & Reception Hall, 213 North Sycamore Street for a Class “C” Liquor License contingent upon final inspections and the request from James K. Jeffries, 40 Kuester Lake for a Liquor Manager designation, contingent upon Mr. Jeffries completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Viaero Wireless for Conditional Use Permit for Wireless Telecommunication Tower Located in the 600 Block on Stuhr Road, North of Bismark Road Tuesday, September 23, 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 23, 2008 Subject: Request from Chris Riha representing Viaero Wireless for Approval of a Conditional Use Permit to Construct a Telecommunication Tower at 595 S. Stuhr Road Item #’s: E-2 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request to allow for the construction of a 90 foot lattice telecommunication tower at 595 S. Stuhr Road to facilitate their cellular service area. The property is currently zoned M-2, heavy manufacturing. The Grand Island Zoning Code requires that all telecommunication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, all of those items have been submitted, with the exception of; 1). the engineering of the tower and foundation design, and, 2). a building permit application for the proposed tower. It appears reasonable to delay the submittal of these two items until after the City Council has approved the location. At the time of a request for a building permit then the engineering for the construction needs to be submitted before a building permit would be issued. Information attesting to a diligent effort to collocate with any towers within a one mile radius has been submitted by the applicant. There were two towers identified within the one mile radius of the proposed site, one was the existing tower at City Hall and the other is a small tower at 636 S Shady Bend Road, neither tower would facilitate the applicants proposed needs. There were two deficiencies noted in the application, one was the proposed tower height of 90’ would require a setback of 45’ and the proposed site to be obtained was only 94.5’ in width. The tower height at the proposed site would be limited to 85’ requiring a setback from adjacent property line of 40’, which the proposed site could accommodate. The second issue was that code requires landscaping along Stuhr Road and the applicant has acknowledged the requirement and will include installation along with the development of the site. An additional requirement to the development of this site will be the subdivision of this property as an independent lot. That subdivision will need to proceed through Regiona l Planning and later City Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 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 conditional use permit, finding that the proposal does not conform to the purpose of the zoning regulations. 3. Modify the conditional use 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 request for a conditional use permit to construct this telecommunication tower, 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 request for a 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. BNSF Railroad Main LineUP R ailroad SpurU P R ailroad M ain LineBNSF Railroad SpurU P R ailroad SpurUP Railroad Spur UP R ailroad M ain LineUP Railroad SpurUP R ailroad SpurUP Railroad Spur U P Railroad S purUP Railroad SpurUP R ailroad SpurU P R ai lro ad Spu r Stuhr Rd SLocust St SBismark Rd E4th St EShady Bend Rd S7th St EU S Highw ay 30 EC h erry S t S Swift Rd E Vine St S5th St EStolley Park Rd EOak St SSt Paul RdB e al St Seedling Mile Rd E Fonner Park Rd E Vin e St N Talc DrMuseum DrDodge St1st St EHall St3rd St ESouth St E Roush LnPine St SYund StPlum St SJ o e h n c k R d Sunset Ave EWillow StBrookline DrPoplar StGregory Ave E Phoenix Ave E Andrew Ave Oklahoma Ave E Bronco Rd Pine St SWillow StHall St Hall St LOCATION MAP AproximateLocation of ProposedTower One mile Radius Item E3 Public Hearing on Request from USCOC Nebraska/Kansas LLC for Conditional Use Permit for Construction of a 150’ Communication Tower and Equipment Shelter Located North of Bismark Road and West of 2nd Road in Merrick County within the Two Mile Zoning Juris Tuesday, September 23, 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 23, 2008 Subject: Request of Jesse Hernandez, representing USCOC Nebraska/Kansas LLC for Approval of a Conditional Use Permit to Construct a Telecommunication Tower at 440 2nd Road, Merrick, County Item #’s: E-3 & H-2 Presenter(s): Craig Lewis , Building Department Director Background This is a request to allow for the construction of a 150 foot monopole telecommunication tower at 440 2nd Road, Merrick County to facilitate the ir cellular service area. The property is currently zoned AG-2 Secondary Agricultural. The Grand Island Zoning Code requires that all telecommunication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, all of those items have been submitted, with the exception of; 1). the engineering of the tower and foundation design, and, 2). a building permit application for the proposed tower. It appears reasonable to delay the submittal of these two items until after the City Council has approved the location. At the time of a request for a building permit then the engineering for the construction needs to be submitted before a building permit would be issued. Information attesting to a diligent effort to collocate with any tower within a one mile radius has been submitted by the applicant. There were two tower locations noted within the one mile radius, one was approved by the City Council at 329 S. Gunbarrel Road on July 27, 2005, that tower was never constructed and the permit for construction was canceled on January 18, 2007. The second is a small tower on Bismark Road that does not meet the needs of the applicant. The location of this proposal does not appear to create any negative impact on the neighboring properties. Section 36-177 addresses landscaping for tower sites and states that all tracts on which towers are located shall be subject to landscape requirements of the City code but as this property is in an agricultural zone landscaping does not appear appropriate. 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 conditional use permit, finding that the proposal does not conform to the purpose of the zoning regulations. 3. Modify the conditional use 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 request for a conditional use permit to construct this telecommunication tower, 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 E4 Public Hearing on Acquisition of Approximately 6.8 Acres of Real Estate for Future Park Development Located Immediately North of the 3700 Block of Norseman Avenue (Niedfelt Property Management, LLC) Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: September 23, 2008 Subject: Acquisition of Real Estate from Niedfelt Property Management LLC for Future Park Development Item #’s: E-4 & G-8 Presenter(s): Steve Paustian, Parks and Recreation Director Background The Park and Recreation Department has an obligation to the citizens of Grand Island to provide quality and accessible parks for their use. Over the years the City has provided Parks for its citizens throughout the community. With the population growth to the west of Highway 281 it has become time to serve these new residents with accessible park land as well. In 1996 a Park and Recreation Master Plan was developed, in this plan was a discussion regarding the need for the development of new parks as new areas of the City developed (see attachments). Discussion The Park and Recreation Department has been searching for land for Park development west of the Hwy 281 corridor for several years. Niedfelt Property Management LLC has started a housing development called Sterling Estates west of Hwy 281 and between Capital and State Streets. Within this development, plans have been made for the development of a neighborhood Park. This approximately 6.8 acre parcel is located in an area that is identified by the Park Master Plan as a desired location for a neighborhood park. The Park will also provide access to a hike/bike trail that is currently competing for grant funding, to be constructed just east of the subdivision (see subdivision drawing). The negotiated price for the land in question is $13,000.00 per acre. This amount is consistent with recent real estate sales of neighboring properties. The price also includes the earthwork necessary to develop the park. Actua l development of the Park will take several years as funds will need to be budgeted to develop it. Park development should take place as the subdivision develops around it. 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 purchase of land from Niedfelt Property Management LLC. Sample Motion Move to enter into a purchase agreement with Niedfelt Property LLC for the purchase of land for future Park development. Item E5 Public Hearing Concerning Acquisition of Utility Easement - 1812 Mansfield Road - Engleman Elementary School - School Dist. of Grand Island Tuesday, September 23, 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 23, 2008 Subject: Acquisition of Utility Easement – 1812 Mansfield Road – Engleman Elementary School – School District of Grand Island Item #’s: E-5 & G-11 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 the School District of Grand Island, located at the new Engleman Elementary School, 1812 Mansfield Road (previously the Westridge Middle School), in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair public utilities and appurtenances, including water mains and fire hydrants. Discussion This easement will be used to place water main and a fire hydrant on school property by the Grand Island School District. After completion of all required testing, the School District will turn the system over to the City of Grand Island to maintain as part of the total water system. The easement allows legal access by the Utilities Department. Alternatives It appears that the Council has the following alternatives concerning the issue at ha nd. 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 acquisitio n of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E6 Public Hearing Concerning Acquisition of Utility Easement - 1116 W. Oklahoma - Lot One, Preisendorf Subdivision - O'Neill Tuesday, September 23, 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 23, 2008 Subject: Acquisition of Utility Easement –1116 West Oklahoma Avenue – Lot 1 Preisendorf Subdivision – Thomas and Jill O’Neill Item #’s: E-6 & G-12 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 Thomas and Jill O’Neill located behind 1116 West Oklahoma Avenue (Lot 1, Preisendorf Subdivision), 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 electrical cable and a pad-mounted transformer on the lot line between 1104 and 1116 West Oklahoma Avenue. The transformer will provide three phase electric service to both properties. The total easement, of whic h this acquisition is half, will be 25 ft. by 20 ft. 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 E7 Public Hearing Concerning Acquisition of Utility Easement - 1104 W. Oklahoma - Lot Two, Preisendorf Subdivision - O'Neill Tuesday, September 23, 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 23, 2008 Subject: Acquisition of Utility Easement –1104 West Oklahoma Avenue – Lot 2 Preisendorf Subdivision – Thomas and Jill O’Neill Item #’s: E-7 & G-13 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 Thomas and Jill O’Neill located behind 1104 West Oklahoma Avenue (Lot 2, Preisendorf Subdivision), 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 electrical cable and a pad-mounted transformer on the lot line between 1104 and 1116 West Oklahoma Avenue. The transformer will provide three phase electric service to both properties. The total easement, of whic h this acquisition is half, will be 25 ft. by 20 ft. 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 F1 #9190 - Consideration of Assessments for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney ORDINANCE NO. 9190 An ordinance to assess and levy a special tax to pay the 2008-2009 revenue year cost of Business Improvement District No. 4 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2008-2009 revenue year cost of Business Improvement District No. 4 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2008-2009 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Michael J. & Mandy Westerby Part of Lot 1, Janisch Subdivision 599.80 Niels C. McDermott Lot 1 (except E 10'), Brownell Subdivision 249.90 Wiltgen Corp. II Lot 5, Kirkpatrick Subdivision 352.75 Wiltgen Corp. II Lot 6, Kirkpatrick Subdivision 347.45 Giomaha LLC Part of Lot 1 (except City), Labelindo Second Subdivision 1,397.90 James Scott Zana, Trustee Part of Lot 1, R & R Subdivision 703.60 Fontenelle Oil Co. #210 E½S½ of Block 9 (except City), Pleasant Home Subdivision 701.90 Locust Street LLC Block 16 (except City), Pleasant Home Subdivision 1,397.75 M & W Investment Co. Part of Lots 1 & 2, Roepke Subdivision 771.70 M & W Investment Co. Part of Lot 1, Roepke Second Subdivision 227.50 ORDINANCE NO. 9190 (Cont.) - 2 - Edwards Building Corp. Lot 1 (except City), Fonner Subdivision 749.70 Grand Island Associates, LLC Lot 1, Fonner Fourth Subdivision 2,449.75 5500 L Street Properties Co. Lot 5 (except City), Fonner Second Subdivision 999.30 5500 L Street Properties Co. Lot 6 (except City), Fonner Second Subdivision 2,000.75 Three Circle Irrigation Inc. Part of Lot 1 & Part of Lot 3, Fonner Third Subdivision 1,699.15 Edwards Building Corp. Replatted part of Lot 3, Fonner Third Subdivision 700.00 Kenneth W. & Rosemary Staab Part of the SE¼SE¼ of 21-11-9 (except City) 259.90 GIPH Restaurants LLC Part of SE¼SE¼ of 21-11-9 (except City) 675.45 Michael J. & Carey M. Reilly Lot 1, JNW Subdivision 770.00 Edwa rds Building Corp. Lot 1, JNW Second Subdivision 829.15 Sax Pizza of America, Inc. Lot 2 (except City), Sax's Subdivision 540.45 Cindy Braddy Part of SE¼SE¼ of 21-11-9 (except City) 676.35 Arec 7, LLC Part of SE¼SE¼ of 21-11-9 (except City) 999.90 Sax Pizza of America, Inc. Lot 1 (except City), Sax's Subdivision 623.45 Michael O. Toukan Lot 3, Goodwill Fifth Subdivision 592.70 Michael O. Toukan Lot 2, Goodwill Fifth Subdivision 328.50 Hall County Livestock Improvement Association Part of SW¼SW¼ & Part NW¼SW¼ (except city) of 22-11-9 1,657.20 Byco Real Estate LLC. Part of Lot 2, R & R Subdivision 696.75 Preferred Enterprises LLC Part of Lot 2 (except City), Fonner Fourth Subdivision 750.05 TOTAL 24,748.75 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Business Improvement District No. 4". ORDINANCE NO. 9190 (Cont.) - 3 - SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9191 - Consideration of Assessments for Business Improvement District #6, Second Street This item relates to the aforementioned Board of Equalization Item D-2. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney ORDINANCE NO. 9191 An ordinance to assess and levy a special tax to pay the 2008-2009 revenue year cost of Business Improvement District No. 6 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2008-2009 revenue year cost of Business Improvement District No. 6 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2008-2009 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Millennium Management Group Lot 5 (except State), Block 18, Arnold & Abbott's Addition 400.38 J.J.A. Holdings LLC Lots 6, 7 & 8 (except State), Block 18, Arnold & Abbott's Addition 1,187.76 JBWS Property Group, LLC Lot 2 (except State ROW), Block 20 (CO MP Railroad Addition), Arnold & Abbott's Addition 398.04 GIPH Restaurants, LLC E 60' of Lot 3 (except state ROW), Block 20, Arnold & Abbott's Addition (Comp. Fr. Lot 4 County Subdivision 16-11-9) 357.12 GIPH Restaurants, LLC W 6' of Lot 3, all of Lot 4 (except State ROW), Block 20, Arnold & Abbott's Addition (Comp. Fr Lot 4 County Subdivision 16-11-9) 436.38 1203 Partnership Lot 1 (except State ROW) & all Lot 2, Block 3, Arnold Place 791.04 ORDINANCE NO. 9191 (Cont.) - 2 - Apfel-Butler-Geddes Funeral Home, Inc. Lots 3 & 4 (except state), all Lot 5, & W1/3 Lot 6, Block 4, Arnold Place 792.60 Brian J. & Lori A. McMahon Part of Lot 6 & Part W½ of Lot 7, Block 10, Baker's Addition 486.90 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part E½ Lot 7, Block 10, Baker's Addition 150.66 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part of Lot 8, Block 10, Baker's Addition 315.36 David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Part of Lot 9, Block 10, Baker's Addition 308.88 Andy A. Hogeland N 128.84' of Lot 10, Block 10, Baker's Addition 325.20 RSI, Inc. Lots 1, 2, 3, 4, 5, 8, 9 & 10 & E½ of Lot 7 (except State ), Block 11, Baker's Addition 1,099.86 Elm Real Estate LC Lot 6 & W½ of Lot 7 (except State), Block 11, Baker's Addition 483.84 Victoria Land Partners LP Lots 5, 6, 7, 8 & 9 (except State), Block 12, Baker's Addition 1,584.78 Meme Saycocie N 90.5' of Lot 1 (except State). Block 14, Baker's Addition 324.24 Tina M. Royle Lot 2 (except State), Block 14, Baker's Addition 311.82 Kelly Samson & Brandy K. Wright Lot 3 (except State), Block 14, Baker's Addition 311.46 J & B Rentals, LLC Lot 4 (except State), Block 14, Baker's Addition 308.88 Rebecca R. Shuman N½ of Lot 5 (except State), Block 14, Baker's Addition 325.20 Sinclair Marketing, Inc. Lots 1, 2 & 3, Block 15, Baker's Addition 945.90 Robert V. & Bonnie Clark Lot 4 (except State), Block 15, Baker's Addition 308.88 Daffodil, LLC Lot 5 (except State), Block 15, Baker's Addition 325.20 Daffodil, LLC Lots 1, 2, 3, 4 & 5 (except City), Block 16, Baker's Addition 1,580.52 Robert M. Wagner, Trustee Woodward Family Trust Lots 1 & 2, Block 17, Baker's Addition 634.62 Robert M. Wagner, Trustee Woodward Family Trust Lot 3, Block 17, Baker's Addition 311.82 Michael & Ralisa Leaman Lots 4 & 5, Block 17, Baker's Addition 634.98 Cleo E. Albright W 20' of Lot 6 & all Lot 5 (except State ROW), Block 10, Kernohan & Decker's Addition 521.16 Fontenelle Oil Co. #114 Lots 7 & 8 & E 46' of Lot 6 (except State ROW), Block 10, Kernohan & Decker's Addition (Comp. Part Lots 7 & 8, Block 4, Spaulding & Gregg's) 1,062.78 Grand Island Properties, Brian Rourke N½ of Lot 1, Lots 2, 3, 4, 5, 6 & 7, Part Vac Alley & Part Vac Street (except S 10' to City), Block 11, Kernohan & Decker's Addition 1,422.72 ORDINANCE NO. 9191 (Cont.) - 3 - John D. & Sallie S. Folsom Lot 8 (except ROW), Block 11, Kernohan & Decker's Addition 395.04 Grand Island Properties, Brian Rourke Block 12 & W 40' of Vac Monroe Street (except City & State), Kernohan & Decker's Addition 1,826.88 Nasan, LLC Lots 1, 2, 3 & 4 & Part Lots 5, 6 & 7 & Part Vac Alley, Block 13, Kernohan & Decker's Addition 1,184.82 Five Points Bank Part Lot 8 & Part Vac Alley, Block 13, Kernohan & Decker's Addition 396.90 Merleen Johnson, Trustee Robert J. Johnson Trust W 26' of Lot 7 & E 33' of Lot 6 (except State), Block 14, Kernohan & Decker's Addition) 354.00 Real Estate Group of G.I., Inc. W 33' of Lot 6, Block 14 (except State) (Comp. Block 41, Packer & Barr's Second Addition) 200.64 Merleen Johnson, Trustee Robert J. Johnson Trust Lot 8 & E 40' of Lot 7 (except State ROW), Block 14, Kernohan & Decker's Addition 630.84 First Federal Savings & Loan Association of Lincoln Fr Lots 1, 2, 3 & 4 (except State ROW), Block 15, and Vac Alley (Comp. Charles Wasmer's Add. Fr Lots 2 thru 4 & Lots 6 thru 10, Block 2 & Vac David H. & Marilyn E. Watkins, Trustees Watkins Family Trust Alley) 1,578.42 Autozone Development Corp. Lot 1 (except ROW), Autozone Subdivision 958.02 Video Kingdom of Grand Island, Inc. Lot 2 (except State ROW), Autozone Subdivision 625.98 Walgreen Co. Lots 1 & 2 & # 10' of Lot 3 & Part Vac Street (except State), Block 17, Kernohan & Decker's Addition 1,092.00 Walgreen Co. Lot 4 (except City) & W 56' of Lot 3 (except State), Block 17, Kernohan & Decker's Addition 735.96 Nebraska District Council of Assemblies of God Part of E2/3 of Lot 1, Block 18, Kernohan & Decker's Addition 260.94 Nebraska District Council of Assemblies of God Part of W1/3 of Lot 1 & E1/3 of Lot 2, Block 18, Kernohan & Decker's Addition 264.00 Walgreen Co. W2/3 Lot 2; all Lots 3 & 4; & Part Vac Street (except State), Block 18, Kernohan & Decker's Addition 1,296.00 Randy L. Evans Fr Lots 3 & 4 (except State ROW), Block 19 (Comp. Block 7 Spaulding & Gregg's Add. & Comp. Block 19, Palmer's Subd.) 793.26 Real Estate Group of G.I., Inc. Lot 5, Block 51 (except State) (Comp. Block 14 Kernohan & Decker's Add.) 394.44 David L. & Frances F. Schaffer Lot 5, Block 114, Railroad Addition 400.38 Mary Story Lot 6, Block 114, Railroad Addition 394.68 Bonna Barton Wanek Lot 8, Block 114, Railroad Addition 395.16 High Road, LLC Lot 1, Block 115, Railroad Addition 395.16 Rafael B. & Rita Orozco Lot 2, Block 115, Railroad Addition 397.44 Rafael & Rita C. Orozco Lot 3, Block 115, Railroad Addition 395.16 ORDINANCE NO. 9191 (Cont.) - 4 - Raile Properties, LLC Lot 4, Block 115, Railroad Addition 392.22 Raile Properties, LLC Lots 1 & 2, Block 117, Railroad Addition 792.60 Harlan R. Puncochar, Trustee of HRP Rev. Trust E½ of Lot 3, Block 117, Railroad Addition 192.54 Joy M. & Marietta Beazley W½ of Lot 3, Block 117, Railroad Addition 202.62 Robert K. & Steven G. Durham Lot 4, Block 117, Railroad Addition 394.50 Overland National Bank Lot 5 (except State) & all Lots 6, 7 & 8, Block 118, Railroad Addition 1,587.36 JBWS Property Group, LLC Lot 1, Block 120, Railroad Addition 331.32 Degen Co. Partnership Lots 5, 6 & 7 (except State ROW), Block 3, Spaulding & Gregg's Addition 1,187.76 Nall, Inc. Lot 8 (except State ROW), Block 3, Spaulding & Gregg's Addition 400.38 Larry W. Coffey Lots 3 & 4 (except State ROW), Block 5, Spaulding & Gregg's Addition (Comp. Arnold Place), 794.10 McDonalds Corp. Lots 1, 2, 3 & 4, Block 6 (except State ROW), Spaulding & Gregg's Addition 1,585.20 Randy L. & Cynthia S. Evans Lots 1 & 2 (except State ROW), Block 7, Spaulding & Gregg's Addition 791.94 Bonna Barton Wanek S 88' of Lot 7, Block 114, Railroad Addition 397.92 TOTAL 42,865.56 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Business Improvement District No. 6". ORDINANCE NO. 9191 (Cont.) - 5 - SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9192 - Consideration of Assessments for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 This item relates to the aforementioned Board of Equalization Item D-3. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney ORDINANCE NO. 9192 An ordinance to assess and levy a special tax to pay the 2008-2009 revenue year cost of Business Improvement District No. 7 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2008-2009 revenue year cost of Business Improvement District No. 7 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2008-2009 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Jerry L. & Janet C. Loney W 273' of Lot 1 (except City), Burch Subdivision 643.06 Larry W. Coffey W 125' of Lots 2, 3 & 4 (except City), Burch Subdivision 826.29 Michael S. & Sandra S. Williams Lot 5 (except City), Burch Subdivision 549.51 Michael S. & Sandra S. Williams Lot 1 (except City), Burch Second Subdivision 644.90 The Eating Establishment Lot 1 (except City), Runza Subdivision 710.81 Bradley L. Shanahan Teresa K. Brooks E 100' of Lot 12, & E 100' of Lot 13, (except City) Holcomb's Highway Homes Subdivision 918.00 Robert D. Hancock & Charles L. Hancock Lot 14 (except City), Holcomb's Highway Homes Subdivision 502.88 Ryan & Darcy Hansen Lot 15 (except City), Holcomb's Highway Homes Subdivision 497.74 ORDINANCE NO. 9192 (Cont.) - 2 - Dianna D. Duering Lot 1, Bartz Subdivision 500.31 Gary & Linda Shovlain Lot 3, Shovlain Second Subdivision 713.15 Calvin J. & Donna Wratten S 52' of Lot 19 & N 1' of Lot 20, Holcomb's Highway Homes Subdivision 240.19 Video Kingdom of Grand Island, Inc. S 108' of Lot 20 (except City), Holcomb's Highway Homes Subdivision 500.40 Kershner Properties, LLC N 60' of Lot 22 (except City), Holcomb's Highway Homes Subdivision 271.91 Charles A. Douthit Lot 21 (except City), Holcomb's Highway Homes Subdivision 500.40 Da-ly Properties, LLC S 98' of Lot 23 & N 12' of Lot 24, (except City) Holcomb's Highway Homes Subdivision 504.90 Kershner Properties, LLC S 49' feet of Lot 22 & N 11' of Lot 23 (except City), Holcomb's Highway Homes Subdivision 275.40 Llamas Enterprises Partnership & Alina Hernandez S 97' of Lot 24, Lot 25, & N 38' of Lot 26, (except City) Holcomb's Highway Homes Subdivision 1,119.68 Marion D. Larsen Rev. Trust N 79' of Lot 27 & S 71' of Lot 26, (except City) Holcomb's Highway Homes Subdivision 688.78 McCloud Super 8 Motel Inc. Part of Lot 25 (except City), Matthews Subdivision 1,135.93 William E. & Sandra L. Lawrey Lot 1 (except City), Garrison Subdivision 1,037.94 Nebraska Mil-Nic, a/k/a Cedar Street Investment Co. Lot 2, Mil-Nic Second Subdivision 1,255.82 Paulsen and Sons Inc. Lots 1 & 28 (except City), Lots 2, 3, 26 & 27, Roush's Pleasantville Terrace Subdivision 918.28 Gary E. Shovlain Lot 2, Shovlain Second Subdivision 550.89 Rex E. & Jonadyne A. Carpenter Lot 1 [200' x 400'] (except City), Woodland First Subdivision 915.34 Rex E. & Jonadyne A. Carpenter Lot 2 [200' x 400'] (except City), Woodland First Subdivision 918.18 Equitable Federal Savings Bank of Grand Island Lot 3 (except City), Woodland First Subdivision 918.28 Danny K. Oberg Lot 4 (except City), Woodland First Subdivision 913.59 Darryl Wilhelmi Lot 5 (except City), Woodland First Subdivision 918.28 Richard S. Rasmussen, Jr., Jack E. & Joanne L. Rasmussen, June E. & William Blackburn N 50' of E 260' of Lot 6 (except City), Woodland First Subdivision 228.81 Pamela Ehlers S 126' of E 260' of Lot 6 (except City), Woodland First Subdivision 581.23 Alpha Corporation E 260' of Lot 8 (except City), Woodland First Subdivision 961.38 Stratford Plaza, L.L.C. Lot 11 (except City), Woodland Second Subdivision 2,492.92 ORDINANCE NO. 9192 (Cont.) - 3 - Bosselman Inc. Lot 8, Woodland Second Subdivision 685.47 Bennett Properties Inc. Lot 9, Woodland Second Subdivision 688.64 Laub-Otto, LLC Lot 10, Woodland Second Subdivision 729.31 Richard S. Rasmussen, Jr., Jack E. & Joanne L. Rasmussen, June E. & William G. Blackburn Lot 1 except N 25' of E 260' (except City), Woodland Third Subdivision 343.88 Dale & Kathleen Arp N 25' of E 260' of Lot 1 & all of Lot 2, (except City) Woodland Third Subdivision 573.43 McDermott & Miller, PC Lot 1 (except City), Woodridge South Subdivision 1,159.07 Marion D. Larsen Rev. Trust Lot 2 (except City), Woodridge South Subdivision 498.84 Southeast Crossings LLC Part of Lot 1 MLD (except City) of 27-11-9 455.37 Milton Motels LLC Part of N½SW¼SW¼ of 27-11-9 2,313.45 Platte Valley State Bank & Trust Company Lot 1, Equestrian Meadows Subdivision 818.03 Chlonate LLC Part of Lot 1 (except City), Desert Rose Subdivision 1,963.74 Theodore J. Robb Part of NW¼SW¼ (except City) of 27-11-9 1,542.29 MIK, LLC Part of NW¼SW¼ of 27-11-9 and part of Lot 4 Island (except City) 1,418.22 Community Redevelopment Authority Part of Lot 1 MLD of 27-11-9 670.87 John L. & Beth A. French Lot 1 (except City), Knox Subdivision 641.82 All Faiths Funeral Home LLC Part of NW¼NW¼SW¼ of 27-11-9 1,101.60 Pharmacy Properties LLC Lot 2, Equestrian Meadows Subdivision 665.50 Ronald J. & Lori D. Willis Part of NE¼NE¼ (except City) of 28-11-9 459.00 Mason D. Robb & Theodore J. Robb Lot 2 (except City), Knox Third Subdivision 606.06 Ted Robb Lot 3 (except City), Knox Third Subdivision 353.71 O'Reilly Automotive, Inc. Lot 2 (except City), Runza Subdivision 714.39 Mason D. Robb & Theodore J. Robb Lot 1 (except City), Knox Third Subdivision 707.55 MA Faulkner Trust Lot 3, Equestrian Meadows Subdivision 845.39 Wayne Vanosdall Sanitation Part of N½SW¼SW¼ of 27-11-9 720.13 TOTAL 45,030.94 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby ORDINANCE NO. 9192 (Cont.) - 4 - satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Business Improvement District No. 7". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9193 - Consideration of Assessments for Business Improvement District #8, Downtown This item relates to the aforementioned Board of Equalization Item D-4. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney ORDINANCE NO. 9193 An ordinance to assess and levy a special tax to pay the 2008-2009 revenue year cost of Business Improvement District No. 8 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2008-2009 revenue year cost of Business Improvement District No. 8 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2008-2009 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Kinder Morgan Interstate Gas Transmission Centrally Assessed 23.17 Northwestern Corporation Centrally Assessed 511.92 Windstream Nebraska, Inc. Centrally Assessed 0.00 Qwest Corporation Centrally Assessed 2,622.31 A T & T Communications Centrally Assessed 58.59 NPCR, Inc., d/b/a Sprint-Nextel Centrally Assessed 32.23 IPCS Wireless, Inc. Centrally Assessed 0.00 George Jay Jorgensen Beckby N 100.5' E2/3 Lot 1, Block 54, Original Town 288.99 George Jay Jorgensen Beckby S 31.9' E2/3 Lot 1, Block 54, Original Town 69.41 Wing Properties Inc. W1/3 Lot 1, Block 54, Original Town 23.00 ORDINANCE NO. 9193 (Cont.) - 2 - R. Dennis & Patricia A. Norris, Trustees Lot 2, Block 54, Original Town 559.76 John W. & Teresa A. Wayne N1/2 W2/3 Lot 6, N1/2 Lot 5, Block 54, Original Town 460.68 Gus G. Katrouzos S 60' W1/3 Lot 5, Block 54, Original Town 84.53 Gus G. Katrouzos S 60' W 16' E2/3 Lot 5, Block 54, Original Town 68.97 Nickie J. Kallos, Jr. E 28' S1/2 Lot 5; N 6' W 38' S1/2 Lot 5, Block 54, Original Town 156.29 Nickie J. Kallos, Jr. W 22' S1/2 Lot 6; Block 54, Original Town 168.79 R. Dennis & Patricia A. Norris, Trustees E 22' W 44' S1/2 Lot 6; E 22' Lot 6, Block 54, Original Town 383.42 R. Dennis & Patricia A. Norris, Trustees W1/3 Lot 7, Block 54, Original Town 307.96 R. Dennis & Patricia A. Norris, Trustees C1/3 Lot 7, Block 54, Original Town 299.81 Wing Properties Inc. E1/3 Lot 7, Lot 8 (except City), Block 54, Original Town 693.13 Nathan Detroit, Inc. N1/2 Lot 1, Block 55, Original Town 478.33 Nathan Detroit, Inc. N 44' S1/2 Lot 1, Block 55, Original Town 319.43 Virginia Irvine S 22' Lot 1, Block 55, Original Town 98.38 Russell L. Hoetfelker S1/2 W1/2 Lot 3; S1/2 Lot 4, Block 55, Original Town 368.98 Downtown Center LLC N 67.5' Lot 5, Block 55, Original Town 49.99 Matthew E. & Janelle A. Armstrong N 20' S 64.5' Lot 5, Block 55, Original Town 115.79 Erives Enterprises LLC S 44.5’ Lot 5, Block 55, Original Town 217.72 Famos Construction, Inc. W2/3 Lot 6, Block 55, Original Town 187.49 Arthur V. & Jeanene Campos E1/3 Lot 6, Block 55, Original Town 142.20 Prairie Winds Art Center, Inc. W1/3 Lot 7, Block 55, Original Town 222.28 Terrence R. Merchen E2/3 Lot 7, Block 55, Original Town 308.50 T.W. Ziller Properties LLC W1/3 Lot 8, Block 55, Original Town 94.38 T.W. Ziller Properties LLC C1/3 Lot 8, Block 55, Original Town 98.38 T.W. Ziller Properties LLC E1/3 Lot 8, Block 55, Original Town 441.19 Downtown Center LLC N 68' Lot 1; Lot 2; E1/2 Lot 3, Block 56, Original Town 167.97 Downtown Center LLC N 22' S 42', W 6' S 20', Lot 1, Block 56, Original Town 15.06 Downtown Center LLC N 22' S 64' Lot 1, Block 56, Original Town 13.91 Downtown Center LLC S 20' E 60' Lot 1, Block 56, Original Town 11.50 Carl & Susan A. Mayhew W1/3 Lot 5, Block 56, Original Town 255.06 R & B Capital Enterprises LLC E2/3 Lot 5, Block 56, Original Town 443.01 Helen E. & James A. Pohl Lot 6, Block 56, Original Town 320.46 ORDINANCE NO. 9193 (Cont.) - 3 - Duane A. & Dee Ann Johnson Lot 7, Block 56, Original Town 364.95 Downtown Center LLC Lot 8, Block 56, Original Town 1,720.95 J & B Rentals LLC Lot 1, Ziller Subdivision 585.06 JEO Building Company Lot 7, Block 57, Original Town 865.36 Overland Building Corp. Lot 8, Block 57, Original Town 1,132.44 FirsTier Bank National Assoc. Lots 1 & 2, Block 58, Original Town 324.50 FirsTier Bank National Assoc. N1/2 Lot 3; N1/2 Lot 4, Block 58, Original Town 113.88 FirsTier Bank National Assoc. Lot 5; W 22' Lot 6, Block 58, Original Town 1,556.69 FirsTier Bank National Assoc. S1/2 Lot 3; S1/2 Lot 4, Block 58, Original Town 120.90 Darrell & Joyce Albers Lot 1, Jensen Subdivision 151.13 M SQ Designs, Inc. W1/3 Lot 7, Block 58, Original Town 233.70 James K. Keeshan C1/3 Lot 7, Block 58, Original Town 141.31 Jesus G. & Victoria Galvan Lot 1, Prensa Latina Subdivision 100.52 Eliseo & Jessica Calderon Lot 2, Prensa Latina Subdivision 101.47 Mark D. Stelk Lot 4, Prensa Latina Subdivision 314.59 Margoth Carpio & Brenda Eugenia Panameno Lot 3, Prensa Latina Subdivision 173.19 Mead Bldg. Centers of G.I. N 102.5' Lot 1; Lot 2, Block 59, Original Town 367.63 H & H Land Co. S 29.5' Lot 1, Block 59, Original Town 18.66 Mead Bldg. Centers of G.I. Lot 3; S 99' Lot 4, Block 59, Original Town 164.54 Mead Bldg. Centers of G.I. N 33' Lot 4, Block 59, Original Town 168.49 Masonic Templecraft Assoc. of G.I. Lot 5, Block 59, Original Town 251.74 Chanh Ty Ngo & My T Nguyen E 23' W 46' Lot 6, Block 59, Original Town 179.77 Larry C. & Mary Ann Ge rdes W 23' Lot 6, Block 59, Original Town 178.83 Doax Investment Co. E 20' Lot 6; W1/2 Lot 7, Block 59, Original Town 17.74 H & H Land Company W 22' E1/2 Lot 7, Block 59, Original Town 176.64 H & H Land Company E 11' Lot 7; Lot 8, Block 59, Original Town 508.62 CKP LLC Lots 1 & 2, Block 60, Original Town 491.46 CKP LLC Lot 3, Block 60, Original Town 116.42 Business Properties of Nebraska LLC Lot 4, Block 60, Original Town 215.43 618 W 3rd Street LLC Lots 5 & 6, Block 60, Original Town 719.69 Doax Investment Co. Lots 7 & 8, Block 60, Original Town 553.79 Daniel H. Eakes and Ronald L. Eakes, Trustees Lots 1 & 2, Block 61, Original Town 773.55 Daniel H. Eakes and Ronald L. Eakes, Trustees Lots 3 & 4, Block 61, Original Town 708.05 ORDINANCE NO. 9193 (Cont.) - 4 - Tri-City Properties LLC Lot 5, Block 61, Original Town 688.77 Jack L. Hansen Lots 6, 7 & 8, Block 61, Original Town 791.42 Richard H. & Arlene M. Baasch S 44' Lot 1, Block 62, Original Town 190.51 Cedar Street Properties LLC N 88' Lot 1, Block 62, Original Town 502.60 Cedar Street Properties LLC Lot 2, Block 62, Original Town 285.22 Alan D. Zwink N 66' W 9' Lot 3; N 66' Lot 4, Block 62, Original Town 152.01 Vincent A. Moreno & Darren M. Moreno S1/2 W 50' Lot 5, Block 62, Original Town 84.26 D & D Investments N1/2 W 50' Lot 5, Block 62 235.21 Vogel Enterprises, Ltd. E 16' Lot 5; W1/2 Lot 6, Block 62, Original Town 61.82 Vogel Enterprises, Ltd. E1/2 Lot 6; W1/2 Lot 7, Block 62, Original Town 370.03 Old Sears Development, Inc. Lots 1 & 2, Block 63, Original Town 1,118.20 Old Sears Development, Inc. E2/3 Lot 3, Block 63, Original Town 358.58 Marlyn J. Miller W1/3 Lot 3; E1/3 Lot 4, Block 63, Original Town 259.75 Monte C. & Sheri S. Hack S 88' Lot 8, Block 63, Original Town 392.48 Maude E. Walters & Michael L. Walters E1/3 Lot 1, Block 64, Original Town 386.10 Craig C. Hand C1/3 Lot 1, Block 64, Original Town 148.67 Cosrec Enterprises W1/3 Lot 1, Block 64, Original Town 190.76 Glade Inc. E 44' Lot 2, Block 64, Original Town 266.78 Ivan P. & Sharon L. Walsh W1/3 Lot 2, Block 64, Original Town 202.92 Double S Properties LLC E1/3 Lot 3, Block 64, Original Town 185.42 Donald D. & Marilyn J. Mehring W2/3 Lot 3, Block 64, Original Town 165.23 Galen E. & Tamera M. Gerdes Lot 4, Block 64, Original Town 876.39 Vicki L. Kissler N 22' Lot 8, Block 64, Original Town 177.98 Terry N. & Susan M. Taylor S1/2 N1/3 Lot 8, Block 64, Original Town 174.08 Laverne & Donna R. Shehein N 44' S 88' Lot 8, Block 64, Original Town 181.26 Wayne E. & Ardith C. May Lot 1, Block 65, Original Town 213.77 Thomas L. & Lois E. Nielsen E1/3 Lot 2, Block 65, Original Town 163.77 Constance K. Swanson C1/3 Lot 2, Block 65, Original Town 154.38 Archway Partnership W1/3 Lot 2, Block 65, Original Town 242.46 Bartenbach Real Estate, LLC E1/3 Lot 3, Block 65, Original Town 159.97 Janelle L. Brown W1/3 Lot 3, Block 65, Original Town 140.21 Allen & Linda Hoffer E1/3 Lot 4, Block 65, Original Town 282.81 Harriet K. Lambrecht W2/3 Lot 4, Block 65, Original Town 176.56 J & B Rentals LLC S 44' N1/2 Lot 5, Block 65, Original Town 229.37 Terry N. & Susan M. Taylor N 22' Lot 5, Block 65, Original Town 134.16 ORDINANCE NO. 9193 (Cont.) - 5 - JO Enterprises Inc. S1/2 Lot 5, Block 65, Original Town 285.42 Steven L. & Barbara J. Fuller W1/3 Lot 6, Block 65, Original Town 87.45 Scott B. & Sheri L. Arnold E2/3 Lot 6, Block 65, Original Town 167.44 T. W. Ziller Properties LLC W1/2 Lot 7, Block 65, Original Town 217.08 C & S Group LLC N 55' E1/2 Lot 7; N 55' Lot 8, Block 65, Original Town 49.68 C & S Group LLC Pt W 18.9' E1/2 Lot 7; N 29.9' E 14.1' Lot 7; W 29' C 22' E1/2 Lot 7, N 29.9' S 55' Lot 8 except N6' S31.1' E40' Lot 8, Block 65, Original Town 171.55 David J. Parmley C 22' E 4' Lot 7; C 22' Lot 8, Block 65, Original Town 275.88 C & S Group LLC S 25.1' Lot 8; N 6' of S 31.1' of E 40' Lot 8; and S 25.1' of E14.1' of Lot 7, Block 65, Original Town 221.45 James J. Berglund Lots 1 & 2, Block 66, Original Town 1,202.09 Bonnie G. Koepke S1/3 W1/3 Lot 3 (Except 17.5'), C1/3 Lot 3, Block 66, Original Town 251.16 John F. Vipperman, Arthur S. Wetzel E1/3 Lot 3, Block 66, Original Town 228.60 James G. Duda N 88' E1/3 Lot 4, Block 66, Original Town 235.05 J. Gary & Patricia M. Vejvoda N 88' C1/3 Lot 4, Block 66, Original Town 291.75 Ben’s Drug Store, Inc. N 80' W1/3 Lot 4, Block 66, Original Town 117.54 The Retzler Development Group, LLC Pt W 17.5' S 44' Lot 3; N 8' S 52' W 22', & S 44', Lot 4, Block 66, Original Town 206.32 Bartenbach Real Estate, LLC Lot 5; W1/3 Lot 6, Block 66, Original Town 518.80 Bartenbach Real Estate, LLC E2/3 Lot 6; W1/3 Lot 7, Block 66, Original Town 269.91 James E. & Mary Ann Keeshan E2/3 Lot 7, Block 66, Original Town 274.59 Procon Management Inc. Lot 8, Block 66, Original Town 3,108.29 Plaza Square Development LLC S1/2 Block 67, Original Town 1,365.72 Steven P. & Vicki Rasmussen W2/3 Lot 2, Block 68, Original Town 333.94 S & V Investments, LLC Lots 3 & 4, Block 68, Original Town 1,468.22 Plaza Square Lot 5; W 22' Lot 6, Block 68, Original Town 126.50 Richard J. & Helen K. Strehle & Kimn A. & Greggory W. Peterson E2/3 Lot 6; W6’ Lot 7, Block 68, Original Town 180.45 Richard J. & Helen K. Strehle & Kimn A. & Greggory W. Peterson E 60' Lot 7, Block 68, Original Town 261.28 Tim C. Plate Lot 8, Block 68, Original Town 268.34 Wilhelm R. Gulzow Lot 1, Block 77, Original Town 83.04 Donna M. Douthit Lot 2, Block 77, Original Town 69.00 Donna M. Douthit Lots 3 & 4, Block 77, Original Town 1,534.54 Equitable Building & Loan Assn Lot 1, Block 79, Original Town 351.60 ORDINANCE NO. 9193 (Cont.) - 6 - Equitable Building & Loan Assn Lot 2, Block 79, Original Town 104.96 Equitable Building & Loan Assn S 44' Lot 3; S 44' Lot 4, Block 79, Original Town 1,368.56 Equitable Building & Loan Assn N 26' 10.5" Lot 8, Block 79, Original Town 26.94 Equitable Building & Loan Assn S 17' 1.5" N 44' Lot 8, Block 79, Original Town 15.45 Equitable Building & Loan Assn S 88' Lot 8, Block 79, Original Town 93.50 Thomas W., Joseph P. & Timothy R. O’Neill E 22' Lot 4, W 22' of Lot 3, Block 80, Original Town 183.55 Thomas W. Joseph P. & Timothy R. O’Neill W 44' Lot 4, Block 80, Original Town 132.66 David C. Huston C1/3 Lot 8, Block 80, Original Town 263.19 Derek L. & Ruth E. Mitchell S 44' Lot 8, Block 80, Original Town 247.37 Ronald E. & Sharon R. Trampe W1/3 Lot 2, Block 81, Original Town 157.68 James S. & Precious A. Reed C1/3 Lot 3, Block 81, Original Town 247.86 Ronald C. & Vada M. Krauss W1/3 Lot 3, Lot 4, Block 81, Original Town 470.80 Walnut Street Partnership Lot 5, Block 81, Original Town 442.38 Walnut Street Partnership Lot 6, Block 81, Original Town 179.74 Wheeler Street Partnership Lot 7; S2/3 Lot 8, Block 81, Original Town 869.01 Kent A. Schroeder and Donald L. Rathman, Trustees N1/3 Lot 8, Block 81, Original Town 251.19 Gatehouse Media Nebraska Holdings Inc. Lot 1, Block 82, Original Town 80.58 Gatehouse Media Nebraska Holdings Inc. Lot 2, Block 82, Original Town 269.09 Gatehouse Media Nebraska Holdings Inc. Lot 3, Block 82, Original Town 80.58 Gatehouse Media Nebraska Holdings Inc. Lot 4, Block 82, Original Town 275.57 Gatehouse Media Nebraska Holdings Inc. Lots 5, 6, 7 & 8, Block 82, Original Town 2,756.15 Grand Island Hospitality LLC Lots 1 & 2, Block 83, Original Town 393.56 JOMIDA, Inc. Lots 3 & 4, Block 83, Original Town 934.38 Eliseo & Jessica Calderon N 60.35' Lot 5, Block 83, Original Town 168.87 J & B Rentals LLC S 71.65' Lot 5, Block 83, Original Town 170.32 Tomas Mateo P & Isabel Domingo Agustin W2/3 Lot 6, Block 83, Original Town 251.91 Sylvia Perez E1/3 Lot 6; Lot 7, Block 83, Original Town 288.88 Michael Owen & Sonya Kay Wooden E 41' N 28' Lot 8, Block 83, Original Town 134.98 Michael Owen & Sonya Kay Wooden Pt N1/3 S2/3 Lot 8, Block 83, Original Town 196.10 Frances Mae Gatzemeyer Lot 1, Block 85, Original Town 502.54 Frances Mae Gatzemeyer Lot 2, Block 85, Original Town 189.05 Contryman & Associates Lots 3 & 4, Block 85, Original Town 479.83 G.I. Liederkranz Lots 1, 2, 3 & 4, Block 87, Original Town 296.13 ORDINANCE NO. 9193 (Cont.) - 7 - Enviro-Clean Contractors Inc. N 60' Fr Lots 1, 2 & 3, Block 89, Original Town 352.67 Gregory D. & Charlene A. Emery E 51' 8” Lots 1, 2 and 3, Campbell’s Subdivision 90.05 David T. & Patricia A. Schroeder W 75'4” Lots 1, 2 & 3, Campbell’s Subdivision 279.69 Hastings Grain Inspection Inc. Lots 4, 5 & 6; N10' Lot 7, Campbell’s Subdivision 167.53 Hastings Grain Inspection Inc. S 12' Lot 7; Lot 8, Campbell’s Subdivision 240.07 Two Brothers Inc. 32' x 127' Lot 9, Campbell’s Subdivision 219.72 Edward A. & Jane A. Loeffler N 14' Lot 3; S 26' Lot 2, Block 1, Hann’s Addition 296.99 Stephen R. & Gladis M. Schuller N 7' Pt Lot 4; S 43' Lot 3, Block 1, Hann’s Addition 266.85 Miguel I. Delamora Morfin & Norma Zuniga E 60' S 50' Lot 4, Block 1, Hann’s Addition 225.36 Kathleen A. Campbell W 67' S 50' Lot 4, Block 1, Hann’s Addition 128.08 Marsh Properties LLC S 5' Lot 2; Lot 3, Block 4, Hann’s Second Addition 504.77 Tommy L. Ummel Jr. Lot 2, Hann’s Fifth Subdivision 187.40 Robert J. Mueller Lot 1, Hann’s Fifth Subdivision 121.41 Two Brothers Inc. W 111' x 118', Block 5, Hann’s Third Addition 455.21 Carlos A. Rosales-Monzon N 52.5' E 91.9’, Block 5, Hann’s Third Addition 245.70 Larry E. Royle E 56' W 174', Block 5, Hann’s Third Addition 164.16 Linda L. Valenzuela S 58.5' E 91.9', Block 5, Hann’s Third Addition 237.03 Hoos Insurance Agency Inc. Lot 4, Pt of Vac St, Block 97, Railroad Addition 276.63 Filemon Sanchez N1/2 Lot 1, Block 98, Railroad Addition 22.50 Filemon Sanchez S1/2 Lot 1, Block 98, Railroad Addition 291.14 Arvid C. Carlson Lot 2, Block 98, Railroad Addition 116.21 Carolyn E. Kuehner W1/2 Lot 3, Block 98, Railroad Addition 160.09 Lee Ann G. & Michael W. Schafer E1/2 Lot 3, Block 98, Railroad Addition 175.15 Tim C. Plate N 86' Lot 4, Block 98, Railroad Addition 93.50 Tim C. Plate S 46' Lot 4, Block 98, Railroad Addition 170.68 Tim C. Plate Lot 5, Block 98, Railroad Addition 522.01 Tim C. Plate Lot 6, Block 98, Railroad Addition 232.38 Floriberto Sanchez Benitez W 52' Lot 7, Block 98, Railroad Addition 211.97 Filemon Sanchez E 14' Lot 7; Lot 8, Block 98, Railroad Addition 334.03 Lee Ann Vaclavek Fr. Lot 1 & Fr. Lot 2, Block 105, Railroad Addition 119.79 Fox Family LLC Lot 3, Block 105, Railroad Addition 211.98 Lazendorf Holdings Limited Partnership Lot 4, Block 105, Railroad Addition 380.55 Fox Family LLC Lot 5; Fr. Lots 6 & 7, (except City), Block 105, Railroad Addition 1,008.55 Contryman & Associates Lots 1 & 2, Block 106, Railroad Addition 374.35 ORDINANCE NO. 9193 (Cont.) - 8 - Clifford Frymire & Larry Royle Lot 3, Block 106, Railroad Addition 195.89 Guadalupe & Pedro Fernandez Lot 4, Block 106, Railroad Addition 333.98 The Muffler Shop, Inc. Lots 1 & 2, Block 107, Railroad Addition 367.99 The Muffler Shop, Inc. Lots 3 & 4, Block 107, Railroad Addition 182.98 Joseph M. & Lori Jean Brown S2/3 Lot 5, Block 107, Railroad Addition 340.48 Joseph M. & Lori Jean Brown N1/2 Lot 5, Block 107, Railroad Addition 150.20 Charles E. & Mary A. Fox Lot 6, Block 107, Railroad Addition 269.11 Charles E. & Mary A. Fox Lot 7 (except N 60' E 22' & except E 29.54' S 71.50'), Block 107, Railroad Addition 196.30 David E. Janda, DDS PC E 29.54' S 71.5' Lot 7 S 72' Lot 8, Block 107, Railroad Addition 316.32 Barbara J. Clinch N 60' E 22' Lot 7, N 60' Lot 8, Block 107, Railroad Addition 266.20 Richard & Marilyn Fox Lots 1 & 2, Block 108, Railroad Addition 476.25 Casey & Misti Williams E 37' Lot 3, Block 108, Railroad Addition 201.44 Douglas Bookkeeping Service Inc. W 29' Lot 3, Lot 4, Block 108, Railroad Addition 579.42 Donald J. & Janet L. Placke S 88' Lot 5, Block 108, Railroad Addition 133.57 Donald J. & Janet L. Placke N44' Lot 5, Block 108, Railroad Addition 77.75 Sam Huston Rev Living Trust Lot 6, Block 108, Railroad Addition 185.46 Bosselman, Inc. Lots 7 and 8, Block 108, Railroad Addition 578.54 David A. & Carolyn J. Gilroy S 61' Lot 1; S 61' Lot 2, Block 109, Railroad Addition 203.61 Gregory T. & Gay L. Austin N 71' Lot 1; N 71' Lot 2, Block 109, Railroad Addition 128.28 J&B Rentals, LLC E 59.5' Lot 3, Block 109, Railroad Addition 140.57 J&B Rentals, LLC W 6.5' Lot 3, E 52'11" Lot 4, Block 109, Railroad Addition 70.05 Roger L & Sharon K. McShannon E 52'11” Lot 5, Lot 6, Block 109, Railroad Addition 216.19 LPB, LLC Lots 7 & 8, Block 109, Railroad Addition 673.60 Margo Schager Lot A, Gilbert’s North Subdivision in part of Block 79, Original Town 157.57 Equitable Building & Loan Assn of G.I. Lot B, Gilberts North Subdivision in part of Block 79, Original Town 164.55 Equitable Building & Loan Assoc of G.I. Yancey Condominium 102 147.61 Equitable Building & Loan Assoc of G.I. Yancey Condominium 103 215.38 Equitable Building & Loan Assoc of G.I. Yancey Condominium 104 529.30 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201A 467.76 Devco Investment Corporation Yancey Condominium 301 101.48 Arvon J. & Luella M. Marcotte Yancey Condominium 302 73.69 ORDINANCE NO. 9193 (Cont.) - 9 - Thomas M. & Nita J. Farr Yancey Condominium 303 104.82 William L. Zins Yancey Condominium 304 96.58 Dudley D. & Diana K. Baxter Yancey Condominium 401 74.90 Artvest III Yancey Condominium 402 85.44 Artvest III Yancey Condominium 403 82.04 Michael D. Jones Yancey Condominium 404 135.67 Artvest III Yancey Condominium 405 82.44 Troy D. & Celeste K. Johnson Yancey Condominium 406 116.29 Wyndell F. & Barbara B. Fordham Yancey Condominium 407 127.68 Eric D. Luce Yancey Condominium 501 108.20 Artvest III Yancey Condominium 502 87.82 Dudley D. & Diana K. Baxter Yancey Condominium 503 82.10 Artvest III Yancey Condominium 505 82.50 Robert A. Cieloha Yancey Condominium 506 116.38 Kelvin Paul & Bonnie Diane Davis Yancey Condominium 507 131.58 Artvest III Yancey Condominiu m 601 75.63 Artvest III Yancey Condominium 602 87.97 Colleen A. O'Neill Donald Matthews Yancey Condominium 603 117.87 Thomas B. Clyne Rev Trust Yancey Condominium 604 94.97 Artvest III Yancey Condominium 605 82.59 Sharon Graves Lind Yancey Condominium 606 81.69 Charmaine L. Arp Yancey Condominium 607 123.42 Laura J. Johnson Yancey Condominium 701 82.70 Artvest III Yancey Condominium 702 88.09 Richard A. & Margaret A. Johnson Yancey Condominium 703 82.34 Art N. & Jan L. Burtscher Yancey Condominium 704 135.97 Michelle R. Rathjen Yancey Condominium 705 90.84 Clifton J. Long, Sandra A. Thinnes Yancey Condominium 706 81.46 Donald D. & Linda K. McQuown Yancey Condominium 707 122.04 Artvest III Yancey Condominium 801 75.78 Mapes & Co. Partnership Yancey Condominium 802 88.17 Mapes & Co. Partnership Yancey Condominium 803 96.40 Judy J. Arnett Yancey Condominium 804 109.05 Wendy L. Alexander Yancey Condominium 805 81.34 Jack L. Nelson Yancey Condominium 806 66.47 ORDINANCE NO. 9193 (Cont.) - 10 - James F. Nissan Rev Trust Yancey Condominium 901 75.81 Everett A. & Elaine S. Evnen Yancey Condominium 902 88.23 Everett A. & Elaine S. Evnen Yancey Condominium 903 96.46 Ann C. Atkins Yancey Condominium 904 142.21 Tammy L. Dizmang Yancey Condominium 905 94.59 Sharon Graves Lind Yancey Condominium 906 144.75 Linda M. Todd Yancey Condominium 1001 82.88 Dan & Chris Fogland Yancey Condominium 1002 88.26 Jeremy S. & Jack L. Gillam Yancey Condominium 1003 96.52 Ruth E. Megard, Trustee Yancey Condominium 1005 103.16 John Patrick Tooley Yancey Condominium 1101 83.00 Linda L. Clare Rev Trust Yancey Condominium 1102 88.35 Lynn A. Buckley Yancey Condominium 1103 73.91 Frank L. Hoelck Trust Yancey Condominium 1104 148.19 Elizabeth W. Mayer Yancey Condominium 1105 103.31 Elizabeth W. Mayer Yancey Condominium 1106 177.00 Home Federal Savings & Loan Assn Lot 3, Hann's 4th Addition 1,817.94 Artvest III Yancey Condominium 002 9.90 Artvest III Yancey Condominium 001 25.37 Roxann T. Ellison W 18.9' E 33' S 25.1' Lot 7, Block 65, Original Town 54.05 Equitable Building & Loan Assoc of G.I. Yancey Condominium 101 35.69 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201B 56.53 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201C 142.30 Equitable Building & Loan Assoc of G.I. Yancey Condominium 201D 108.54 Home Federal Savings & Loan Assoc. of G.I. Pt Lots 1, 2, 3, 4 & 7; Lots 5 & 6; Pt Vac Alley, Block 89, Original Town 370.32 Eliseo & Jessica Calderon Lot 2, Jensen Subdivision 92.53 TOTAL 86,689.36 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. ORDINANCE NO. 9193 (Cont.) - 11 - SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Downtown Bus iness Improvement District No. 8". SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #9194 - Consideration of Amendments to Chapter 15 of the Grand Island City Code Relative to Electrical Code Updates Tuesday, September 23, 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 23, 2008 Subject: City Code Amendments to Chapter 15, Electricity Adoptions of the 2008 National Electrical Code Item #’s: F-5 Presenter(s): Craig Lewis , Building Department Director Background This request is for City Council approval to modify the City Code by adopting the 2008 Edition of the National Electric Code. The City has for several decades adopted and enforced electrical codes to safeguard persons and property from the hazards arising from the use of electricity. The 2008 National Electric Code (NEC) is the current edition of the national standard for the installation of electrical wiring systems. Typically the State of Nebraska adopts the current edition of the NEC and requires local inspection programs to adopt and enforce the current regulations as part of the State approval of local programs. Currently the State has not adopted the 2008 NEC, but it is believed by the Board and local inspectors that adoption and enforcement is inevitable. Discussion The proposed amendment to Chapter 15 of the Grand Island City code will adopt the current edition of the National Electric Code. The City’s electrical board has reviewed the 2008 NEC and recommends approval with the local amendments as outlined in the proposed ordinance. The local amendments basically include some restrictions in the installation of armored cable, refer electrical meter heights to the electric utility department, and require wiring above suspended ceilings to be fastened to the building structure. There are two fairly significant requirements in the 2008 NEC, one is the adoption of tamper proof receptacles, and the other is the inclusion of Arc-Fault Circuit- Interrupter (AFCI) protection. These two additional requirements are alleged to increase the cost of the electrical wiring system in a single family dwelling $500 to $1,000. In researching the cost for ourselves it appears that cost may be more in the neighborhood of $300 dollars. The concept and staged requirements of ARCI protection was introduced in the 1999 NEC, and expanded in the 2002, 2005, and now the 2008 NEC. Because of the potential increase in the cost to the installation of electrical systems the proposed implementatio n date is November 1, 2008, giving the construction industry time to include these provisions into their projects. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the ordinance. 2. Disapprove or /Deny the adoption of the ordinance. 3. Modify the ordinance to meet the wishes of the Council 4. Table the issue Recommendation The City Electrical Board and City Staff recommends the City Council approve Ordinance No. 9194, adopting the 2008 NEC, with the local amendments identified and begin enforcement on November 1, 2008. Sample Motion Move to approve Ordinance No 9194. ORDINANCE NO. 9194 An ordinance to amend Chapter 15 of the Grand Island City Code; to amend Sections 15-2; 15-3; 15-6; 15-7; and 15-11 pertaining to electricity; to repeal Sections 15-2; 15-3; 15-6; 15-7; and 15-11 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. Sections 15-2; 15-3; 15-6; 15-7; and 15-11 of the Grand Island City Code are hereby amended to read as follows: §15-2. National Electrical Code Adopted (A) There is hereby adopted by the City of Grand Island for the purpose of safeguarding persons and buildings from hazards arising from the use of electricity for light, heat, power, radio, signaling, and other purposes, that certain code known as the National Electrical Code,2005 2008 Edition, recommended by the National Fire Protection Association, except as modified by this section. (B) The National Electrical Code adopted by subsection (A) above is modified by deleting Article 210.12 Article 362, Article 320, Article 210-52C Subsection 2 and 3, which are not adopted and shall have no force or effect. Articles 320, 330, 334, 348, and 352 are amended by §15-3 of the Grand Island City Code. (C) One copy of the National Electrical Code, 2005 2008 Edition, shall be on file in the city clerk's office for public use and inspection as provided by law. Amended by Ordinance No. 8990, effective 8-10-2005 §15-3. Amendments to National Electrical Code, 2005 2008 Edition The following sections are adopted as amendments to the same numbered sections of the National Electrical Code, 2005 2008 Edition: Article 320 – Armored cable (type AC) 320.10. Uses permitted. Armored cable may be used for indoor branch circuits when installed with a grounding conductor in the cable with the branch circuit conductors and sized to the overcurrent protective devise. Anti short bushings shall be used. 320.12. Uses not permitted. Armored cable shall not be used in hazardous locations, where buried or in direct contact with the earth, concrete, cinder fill or where exposed to chemicals or acids. Article 330 - Metal-Clad Cable (Type MC) 330.10. Uses Permitted. Metal-clad cable may be used for indoor branch circuit use only when installed with a grounding conductor in the cable with the circuit conductors and sized to the overcurrent protective devise. Anti short bushing shall be used.. 330.12. Uses Not Permitted. Metal-clad cable shall not be used in hazardous locations where subject to physical damage, buried in direct contact with the earth, concrete, cinder fill, or where exposed to chemicals or acids. Article 334 – Nonmetallic-Sheathed Cable (Types NM, NMC, and NMS) 334.12. Uses Not Permitted. In any multifamily dwelling or structure exceeding three floors above grade. For the purpose of this article, the floor of a building shall be that floor that has fifty percent (50%) or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and only for vehicle parking, storage or similar use shall be permitted. Article 352 - Rigid Nonmetallic Conduit (PVC) 352.10. Uses Permitted ORDINANCE NO. 9194 (Cont.) (A) Where encased in concrete (B) Underground installations (C) For service entrances on the outside of buildings where not subject to physical damage (D) For raceways to feed subpanels (E) In wet locations where used with proper connections and fittings (F) For physical protection of ground wires 352.12. Uses Not Permitted (A) In hazardous (classified) locations (except as provided in National Electrical Code Sections 503.3, 504.20, 514.8) (B) For support of fixtures or other equipment (C) Where subject to physical damage (D) Where subject to ambient temperatures exceeding those for which the conduit is approved (E) In alleys or utility easements, the first section of conduit out of the ground (F) For branch circuits Article 348 - Flexible Metal Conduit 348.10. Uses Permitted. Flexible metal conduit may be used for fish work in old buildings or other places where rigid conduit is impractical to install. A sSpecial permit permission shall be obtained from the electrical inspector before it is used in any installations. Amended by Ordinance No. 8990, effective 8-10-2005 §15-6. Service Entrances (A) Each service entrance with 2,000 amperes capacity or less shall be provided with a readily accessible main disconnecting device with appropriate overcurrent protection; provided, each service entrance larger than 2,000 amperes capacity shall comply with the provisions of the National Electric Code. The device shall disconnect all ungrounded conductors from the source of supply in one motion or operation of the hand. For overhead services, said overcurrent protection shall be installed within twenty-five (25) feet from the weatherhead, but within ten (10) feet from where the conductors enter the building. For underground services, said overcurrent protection shall be installed within ten (10) feet from where the conductors enter the building. No service entrance conductors shall be installed within the hollow spaces of a frame wall unless provided with overcurrent protection at their outer end. Attachment devices or insulators for the service drop shall be installed by the electrical contractor on the alley or easement side of the building in such a manner so that the clearances as required by this Code can be maintained by the utility company. (B) Manufactured Homes. Pedestals shall be required for power to manufactured homes on private lots, unless (1) the manufactured home comes with the service equipment factory installed or (2) the manufactured home is secured to a permanent foundation that complies with applicable building codes. This pedestal shall have proper overcurrent protection and provisions for metering. The meter height shall be between 3-1/2 to 6-1/2 feet from grade to the center of the meter. (C) Provisions for Metering. Provisions for metering shall be in accordance with standards set out by the Grand Island Utilities Department. (D) Electrical Service Panels for Dwellings. The minimum size of electrical panel that can be installed in a dwelling shall be 20 circuit for 100 amp, 30 circuit for a 150 amp, and 40 circuit for a 200 amp. (E) Number of Services. One electrical service shall be provided for each tract or parcel of land, except upon written request and approval by the Utilities Director and Building Department Director, and/or their respective designee. (F) Multiple Occupancy Building. Each tenant shall have access to their disconnecting means and overcurrent protection. This disconnecting means and overcurrent protection shall not be guarded by locked doors. Exceptions: (1) The disconnecting means and overcurrent protection are located in the tenant space. (2) All electrical equipment is located in a common area with access to all tenants. (3) Electrical equipment is located outside. Amended by Ordinance No. 8990, effective 8-10-2005 §15-7. Wiring In Commercial Buildings (A) Metallic conduit wiring will be required for the installation of all wiring for lights, heat, air conditioning, or power in all commercial buildings. These include, but are not limited to, asylums, hospitals, hotels, ORDINANCE NO. 9194 (Cont.) motels, theaters, schools, factories, churches, warehouses, mills, grain elevators, food stores, office buildings, retail sales, stables, garages, meeting halls, buildings of fireproof or mill construction. (B) All dwelling units located within any commercial type building shall have electrical wiring installed in electrical metallic conduit. (C) For uses of metal-clad cable (MC), refer to §15-3. For uses of rigid nonmetallic conduit (PVC), refer to §15-3. (D) wiring above suspended ceilings - all permanent raceways, boxes, cabinets, and fittings shall be securely fastened to the building structure. Amended by Ordinance No. 8990, effective 8-10-2005 §15-11. Construction of Article Requirements for Electrical Installations In all matters arising under this article which involve the exercise of discretion rather than the mere administration of the provisions of this article, the right to the ultimate decision thereof shall remain in the city council. (A) Aluminum Conductors – aluminum conductors may be used for service entrance and feeders only. (B) Equipment grounding conductors – an equipment grounding conductor will be required in all conduit systems except for rigid metal conduit systems with threaded hubs, complying or fittings SECTION 2. Sections 15-2; 15-3; 15-6; 15-7; and 15-11 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, on November 1, 2008. Enacted: September 23, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 9, 2008 City Council Regular Meeting Tuesday, September 23, 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 September 9, 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 September 9, 2008. Notice of the meeting was given in The Grand Island Independent on September 3, 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, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. 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 George Oxford, First Church of the Nazarene, 1022 West 6th Street followed by the PLEDGE OF ALLEGIANCE. COMMUNICATION: Mayor Hornady introduced Community Youth Council members Sam Schneider and Kayla Harris along with Board Member, Officer Butch Hurst. Also welcomed were several FFA students. Mayor Hornady mentioned she received a letter of retirement from Fire Chief Jim Rowell effective October 24, 2008. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Preparedness Month” September 2008. Mayor Hornady proclaimed the month of September 2008 as “Preparedness Month”. Jon Rosenlund, Emergency Management Director was present to receive the proclamation. Proclamation “National Alcohol and Drug Addiction Recovery Month” Mayor Hornady proclaimed the month of September 2008 as “National Alcohol and Drug Addiction Recovery Month”. Connie Ho lmes, Executive Director of the Central NE Council on Alcoholism and Addictions, Inc. and Randy See, coordinator of the Grand Island Substance Abuse Prevention Coalition were present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Harold E. & Kathy D. Carmichael, Jr. dba OK Liquor, 305 West Koenig Street for a Class “D” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “D” Liquor License had been received from Harold E. & Kathy D. Carmichael, Jr., dba OK Liquor, 305 West Koenig Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 11, 2008; notice to the general public of date, time, and place of hearing published on August 30, 2008; notice to the applicant of date, time, and place of hearing mailed on August 20, 2008; along with Chapter 4 of the City Code. Staff made no recommendation. Sam Schneider, 405 Rosewood Circle and Lex Ann Roach, 609 South Cleburn Street spoke in Page 2, City Council Regular Meeting, September 9, 2008 opposition. Bill Kelly, Attorney for OK Liquor spoke in support. No further public testimony was heard. Public Hearing on Request from Roadhouse Garage, Inc. dba Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C” Liquor License had been received from Roadhouse Garage, Inc., dba Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 22, 2008; notice to the general public of date, time, and place of hearing published on August 30, 2008; notice to the applicant of date, time, and place of hearing mailed on August 25, 2008; along with Chapter 4 of the City Code. Staff recommended approva l contingent upon final inspections and with the restrictions that Sarah Tjaden and Jeff Leo have no involvement in the operation of the business. Simon Jensen, 223 Cottage Street spoke in support. No further public testimony was heard. Public Hearing Concerning Acquisition of Utility Easement Located at 820 North Webb Road (LBJM, LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 820 North Webb Road in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground electric cable and a pad-mounted transformer to serve a new building. Staff recommended approval. No public testimony was heard. Public Hearing Concerning Acquisition of Utility Easement Located at 4201 Gold Core Drive (Scannell Properties #106, LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 4201 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground electric cable and a pad-mounted transformer to serve the new Federal Express building. Staff recommended approval. No public testimony was heard. Public Hearing on Creation of Business Improvement District #6, Second Street. Wes Nespor, Attorney reported the Mayor and Council set preliminary boundaries and appointed an initial Board of Director for Business Improvement District #6. 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. No public testimony was heard. Motion by Nickerson, second by Zapata that there were no protests filed for District #6. Upon roll call vote, all voted ayes. Motion adopted. Public Hearing on Creation of Business Improvement District #7, South Locust from Stolley Park Road to Highway 34. Wes Nespor, Attorney reported the Mayor and Council set preliminary boundaries and appointed an initial Board of Director for Business Improvement District #7. 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. No public testimony was heard. Motion by Nickerson, second by Zapata that there were no protests filed for District #7. Upon roll call vote, all voted ayes. Motion adopted. Page 3, City Council Regular Meeting, September 9, 2008 Public Hearing on General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported that state statutes requires the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the general property tax was $5,711,871, Parking District No. 2 at $9,000, and the Community Redevelopment Authority property tax at $475,000. No public testimony was heard. Public Hearing on Request from Grand Island Public Schools for a Conditio nal Use Permit for Concrete Parking Lot for Gates Elementary School Located at 2723 West Louise Street. Craig Lewis, Building Department Director reported Grand Island Public Schools had applied for a Conditional Use Permit to allow for the construction of a parking lot for Gates Elementary School located at 2723 West Louise Street. It was recommended council approve the conditional use permit with the condition that landscaping be provided in compliance with Section 36-102 of the Grand Island City Code. No public testimony was heard: Public Hearing for a Community Development Block Grant/Planning Grant Application for Cornhusker Industrial Park. Joni Kuzma, Community Development Administrator reported the City was eligible to apply for Community Development Block Grant funding to formulate a development plan for the re-use of a 1,700 acre military munitions production facility into a regional industrial center at the Cornhusker Industrial Park (CAAP). The application consists of $75,000 funding from the Nebraska Department of Economic Development and $75,000 from the Department of Commerce, Economic Development Agency grant which had been secured. Marlan Ferguson, 2808 Apache Road spoke in support. No further public testimony was heard. Public Hearing for Ground Lease and Lease Purchase of Building Located on Property Owned by Hall County Livestock Improvement Association (Fonner Park). Jeff Pederson, City Administrator reported action steps were necessary to form a partnership with the community and Fonner Park to make possible the contribution of $5 million towards the $8.5 million required to becoming the new host of the Nebraska State Fair. Mr. Pederson stated negotiations had been on-going with Fonner Park for agreements that would permit the construction of a building by the City at Fonner Park. Donald Dunn, Chairman of the Grand Island Chamber of Commerce, Marlan Ferguson, 2808 Apache Road and Jay Vavricek, 2729 Brentwood Blvd. spoke in support. David Plautz, 4063 Manchester Road, Ray Ericson, 656 Joehnck Road, and Lewis Kent, 624 Meves Avenue spoke in opposition. No further public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9181 – Consideration of Water Rate Change for Fiscal Year 2008-2009 #9182 – Consideration of Amending Chapter 32 of the Grand Island City Code Relative to Size of Address Numbers #9183 – Consideration of Creation of Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision #9184 – Consideration of Approving FY 2008-2009 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 Page 4, City Council Regular Meeting, September 9, 2008 #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 #9186 – Consideration of Creating Business Improvement District #6, Second Street #9187 – Consideration of Creating Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 #9188 – Consideration of Sale of Old Fire Station No. 1 Located at 302 South Pine Street #9189 – Consideration of Occupation Tax on Food Services, Beverage Places and Restaurants be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. #9181 – Consideration of Water Rate Change for Fiscal Year 2008-2009 Gary Mader, Utilities Director reported costs of materials necessary for the expansion, maintenance and operation of the water system had continued to increase. Ordinance #9181 included a rate increase of 3% in the 2008-2009 Water Department budget to keep pace with increasing costs. Motion by Carney, second by Nickerson to approve Ordinance #9181. City Clerk: Ordinance #9181 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 #9181 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9181 is declared to be lawfully adopted upon publication as required by law. #9182 – Consideration of Amending Chapter 32 of the Grand Island City Code Relative to Size of Address Numbers #9183 – Consideration of Creation of Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision Jim Rowell, Fire Chief reported Ordinance #9182 would amend Chapter 32 of the Grand Island City Code to require all street addresses placed on buildings to be 4 inch letters consistent with IFC regulations. Ron Underwood, Public Works Engineer reported Ordinance #9183 would create Sanitary Sewer District No. 526 in connection with the Capital Avenue widening project to serve the Grand Island Plaza Subdivision. Motion by Gilbert, second by Zapata to approve Ordinances #9182 and #9183. Page 5, City Council Regular Meeting, September 9, 2008 City Clerk: Ordinances #9182 and #9183 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9182 and #9183 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9182 and #9183 are declared to be lawfully adopted upon publication as required by law. #9184 – Consideration of Approving FY 2008-2009 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 David Spring, Finance Director reported this was the last step in the budget process and that the budget must be submitted to the state by September 20, 2008. Explained were changes to be included that were made to the budget during the budget work sessions. Discussion was held regarding the transfer of Fire Pension monies to the General Fund and the benefits of a $2 million bond if added to the budget. Motion by Nickerson, second by Brown to approve Ordinance #9184 as revised by Finance Director David Springer. Motion by Meyer, second by Gericke to amend the motion to include the $2 million bond proposal into the FY 2008-2009 Budget. Upon roll call vote, Councilmember’s Meyer, Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember’s Gilbert and Haase voted no. Motion adopted. City Clerk: Ordinance #9184 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember’s Meyer, Gilbert and Haase voted no. Motion adopted. City Clerk: Ordinance #9184 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember’s Meyer, Gilbert and Haase voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9184 is declared to be lawfully adopted upon publication as required by law. #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 David Springer, Finance Director reported this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2008-2009 occupation tax factor was $.1480 per square foot and wo uld provide taxes of $40,000. Page 6, City Council Regular Meeting, September 9, 2008 Motion by Zapata, second by Meyer to approve Ordinance #9185. City Clerk: Ordinance #9185 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 #9185 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9185 is declared to be lawfully adopted upon publication as required by law. #9186 – Consideration of Creating Business Improvement District #6, Second Street #9187 – Consideratio n of Creating Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 Ordinances #9186 and #9187 related to the aforementioned Public Hearings. Motion by Meyer, second by Gericke to approve Ordinances #9186 and #9187. City Clerk: Ordinances #9186 and #9187 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9186 and #9187 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9186 and #9187 are declared to be lawfully adopted upon publication as required by law. #9188 – Consideration of Sale of Old Fire Station No. 1 Located at 302 South Pine Street Jim Rowell, Fire Chief reported Ordinance #9188 was for the sale of Old Fire Station No. 1 located at 302 South Pine Street to David C. Hill of Grand Island, Nebraska in the amount of $70,000. Chief Rowell explained the process of receiving and reviewing the three proposals submitted. Paul Warshauer, 217 North Locust Street spoke in opposition. City Clerk: Ordinance #9188 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann, Ramsey, Gilbert, Carney, Nickerson, Zapata and Brown voted aye. Councilmember’s Gericke and Haase voted no. Motion adopted. City Clerk: Ordinance #9188 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann, Page 7, City Council Regular Meeting, September 9, 2008 Ramsey, Gilbert, Carney, Nickerson, Zapata and Brown voted aye. Councilmember’s Gericke and Haase voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9188 is declared to be lawfully adopted upon publication as required by law. #9189 – Consideration of Occupation Tax on Food Services, Beverage Places and Restaurants Jeff Pederson, City Administrator reported Ordinance #9189 would contribute to the requirement of LB 1116 for Grand Island to become the host City for the Nebraska State Fair to raise $8.5 million. The rate imposed on businesses would be 1.5%. The following people spoke in support of the State Fair move to Grand Island: Donald Dunn, 72 Ponderosa Drive; Rich Milton, 109 E. Ashton Avenue, Ken Gnadt, 1610 Gretchen, and Jay Vavricek, 2729 Brentwood Blvd. Speaking in opposition was David Plautz, 4063 Manchester Road and Lewis Kent, 624 Meves Avenue. Motion by Carney, second by Ramsey to approve Ordinance #9189. Discussion was held concerning the total amount to be raised by the occupation tax. Dale Shotkoski, City Attorney stated an occupation tax was based on food sales. Funds would be put in the general fund and could be earmarked specifically for a building at Fonner Park for the Nebraska State Fair. David Springer, Finance Director stated the amount would be $5,062,500 with approximately 6½ years to pay off the lease purchase. A sunset provision was discussed. Motion by Meyer, second by Carney to amend the motion to include the principal amount of $5,062,500 and sunset when the debt is paid off. Upon roll call vote, all voted aye. Motion adopted. Discussion was held concerning the Escrow Agreement and process of moving this issue forward. Donald Dunn, 72 Ponderosa Drive commented Council could adopt the Ordinance tonight, but it would not be effective until December 1, 2008. Motion by Nickerson, second by Gilbert to postpone this issue to Thursday, September 11, 2008 Special Meeting. Upon roll call vote, Councilmember’s Gilbert, Gericke, and Nickerson voted aye. Councilmember’s Meyer, Niemann, Ramsey, Carney, Zapata, Haase, and Brown voted no. Motion failed. Upon roll call vote of the main motion with amendment, all voted aye. Motion adopted. CONSENT AGENDA: Motion by Zapata, second by Brown to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 26, 2008 City Council Regular Meeting. Approving Request from Debra Waterman, 1116 Orange Road for Liquor Manager Designation for the United Veterans Club, 1914 West Capital Avenue. Page 8, City Council Regular Meeting, September 9, 2008 #2008-236 – Approving Acquisition of Utility Easement Located at 820 North Webb Road (LBJM, LLC). #2008-237 – Approving Acquisition of Utility Easement Located at 4201 Gold Core Drive (Scannell Properties #106, LLC). #2008-238 – Approving Bid Award for Burdick Cooling Tower Replacement with Midwest Towers, Inc. from Blue Springs, Missouri in an Amount of $1,015,050.00. #2008-239 – Approving Non Disclosure Agreement between the City of Grand Island and Northwestern Energy. #2008-240 – Approving Change Order No. 1 for Handicap Ramp Project 2008-1 with Galvan Construction, Inc. of Grand Island, Nebraska for an Increase of $150.00 and a Revised Contract in the Amount of $31,773.32. #2008-241 – Approving Certificate of Final Completion for Handicap; Ramp Project No. 2008-1 with Galvan Construction, Inc. of Grand Island, Nebraska. #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 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $153,620.00. #2008-243 – Approving Supplemental Agreement #1 to the Agreement with Olsson Associates of Grand Island, Nebraska for Construction Engineering Services on Capital Avenue Widening Project in an Amount not to exceed $35,000.00. #2008-244 – Approving Update to Resolution #2008-68; Designating No Parking Zones for Westbound US Highway 30 (2nd Street) Detour. #2008-245 – Approving Certificate of Final Completion for Law Enforcement Center with Chief Construction Co. of Grand Island, Nebraska. #2008-246 – Approving Application for 2008 Transportation Enhancement Program Grant. #2008-247 – Approving Funding of Economic Development Corporation Request for Platte Valley Industrial Park (NWPS Rate Agreement Funds) in the Amount of $50,648.65. #2008-248 – Approving Proposal for Property and General Liability Insurance with EMC Insurance Company in an Amount of $703,851 for 2008-2009 with Subsequent Renewal Options. #2008-249 – Approving Certificate of Final Completion for New Fire Station No. 1 Construction with Tri Valley Builders, Inc. of Grand Island, Nebraska. Page 9, City Council Regular Meeting, September 9, 2008 #2008-250 – Approving Community Development Block Grant/Planning Grant Application for Cornhusker Industrial Park. REQUESTS AND REFERRALS: Consideration of Request from Grand Island Public Schools for a Conditional Use Permit for Construction of Concrete Parking Lot for Gates Elementary School Located at 2723 West Louise Street. This item related to the aforementioned Public Hearing. Motion by Nickerson, second by Meyer to approve the request with conditions as presented at the Public Hearing regarding landscaping requirement s. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #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 related to the aforementioned Public Hearing. Discussion was held regarding stipulations that could be included on this license. Motion by Meyer, second by Gilbert to approve Resolution #2008-251 with the stipulation Mr. Carmichael attend a state approved alcohol server/seller training program and if his business has one violation of sale to a minor the license shall be cancelled. Upon roll call vote, Councilmember’s Meyer, Gilbert, Carney, Nickerson and Brown voted aye. Councilmember’s Niemann, Ramsey, Gericke, Zapata and Haase voted no. Mayor Hornady voted aye to break the tie. Motion adopted. #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 related to the aforementioned Public Hearing. Motion by Meyer, second by Haase to approve Resolution #2008-252 contingent upon final inspections and with the restrictions that Sarah Tjaden and Jeff Leo have no involvement in the operation of the business. Also approve the request for Liquor Manager designation from Simon Jensen, 642 4th Street, Hampton, Nebraska contingent upon Mr. Jensen completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2008-253 – Consideration of Approving General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Nickerson to approve Resolution #2008-253. Upon roll call vote, all voted aye. Motion adopted. #2008-254 – Consideration of Approving 1% Increase to the Lid Limit. David Springer, Finance Director reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on Page 10, City Council Regular Meeting, September 9, 2008 the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues, property tax was the only revenue that the City could control. The increase in restricted funds authority using the 1% additional amount and the population growth (when available) was not an increase in budgeted revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a future year if necessary. Motion by Meyer, second by Gericke to approve Resolution #2008-254. Upon roll call vote, Councilmember’s Meyer, Niemann, Ramsey, Gilbert, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember Haase voted no. Motion adopted. #2008-255 – Consideration of Lease Purchase Agreement with Wells Fargo. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Carney to approve Resolution #2008-255. Discussion was held concerning the lack of information on the document. David Springer, Finance Director stated the interest rate today was 3.73% but would be the rate on the date the document was signed. Dale Shotkoski, City Attorney explained the remaining missing information would be filled in at the time the document was signed. Motion by Gilbert, second by Nickerson to postpone Resolution #2008-255 to Thursday, September 11, 2008 Special meeting. Upon roll call vote, Councilmember’s Niemann, Gilbert, Carney, Gericke, Nickerson, and Haase voted aye. Councilmember’s Meyer, Ramsey, Zapata and Brown voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of August 27, 2008 through September 9, 2008, for a total amount of $2,000,438.46. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of September 11, 2008 City Council Special Meeting Tuesday, September 23, 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 SPECIAL MEETING September 11, 2008 Pursuant to due call and notice thereof, a Special 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 September 11, 2008. Notice of the meeting was given in the Grand Island Independent on September 7, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Meyer, Niemann, Ramsey, Gilbert, Carney, Gericke, Nickerson, Zapata, Haase, and Brown. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, and Finance Director David Springer. Following a moment of silence in remembrance of the lives lost on September 11, 2001 the PLEDGE OF ALLEGIANCE was said. Larry Toner, 3018 Bighorn Place, member of the Fonner Park Board thanked the City Council and previous councils for decisions made in the past to better the community and on the hard work of everyone involved in bringing the NE State Fair to Grand Island. MAYOR COMMUNICATION: Mayor Hornady commented on the successful meetings held today with Fonner Park and City staff to negotiate the agreements before the council tonight. Mayor Hronady thanked those involved on the hard work involved in bringing the NE State Fair to Grand Island. PUBLIC HEARING: Public Hearing for Ground Lease with Hall County Livestock Improvement Association (Fonner Park). Dale Shotkoski, City Attorney reported this was the ground lease between the City of Grand Island and Hall County Livestock Improvement Association (Fonner Park). The legal description had not been filled in because the exact site at Fonner Park had not been decided. The agreement would be a 40 year lease. RESOLUTIONS: #2008-256 – Consideration of Ground Lease with Hall County Livestock Improvement Association (Fonner Park). This related to the aforementioned Public Hearing. Dale Shotkoski, City Attorney reported this lease was for the property on which the building would be located. The term of the lease was for 40 years and would be renewable. Motion by Meyer, second by Carney to approve Resolution #2008-256. Upon roll call vote, all voted aye. Motion adopted. Page 2, City Council Special Meeting, September 11, 2008 #2008-257 – Consideration of Amended and Restated Management Agreement with Heartland Events Center, Inc. Dale Shotkoski, City Attorney reported this management agreement would be for the 50,000 building to be built at Fonner Park. Discussion was held concerning quarterly meetings, recreational uses, separate bookkeeping requirements, naming rights and maintenance which would be supplied by Fonner Park. Discussion was held on the term of the agreement. Mr. Shotkoski stated this was an annual agreement. Motion by Carney, second by Ramsey to approve Resolution #2008-257. Upon roll call vote, all voted aye. Motion adopted. #2008-255 – Consideration of Lease Purchase Agreement with Wells Fargo Brokerage Services, LLC. Dale Shotkoski, City Attorney reported this item was carried over from the meeting of September 9, 2008. Mr. Shotkoski stated this was the financing mechanism to build the building. Jeff Pederson, City Administrator clarified the money from the occupational tax would cover the payments of this lease purchase agreement. Jay Vavricek, 2729 Brentwood Blvd. stated he wanted to make the same clarification Mr. Pederson made. Motion by Meyer, second by Brown to approve Resolution #2008-255. Upon roll call vote, all voted aye. Motion adopted. #2008-259 – Consideration of Escrow Agreement with Wells Fargo Brokerage Services, LLC. Dale Shotkoski, City Attorney reported Wells Fargo requested the monies be put in an Escrow account and complied with LB 1116. This was part of the negotiations with Fonne r Park. Motion by Meyer, second by Brown to approve Resolution #2008-259. Upon roll call vote, all voted aye. Motion adopted. Councilmember Nickerson thanked all those associated with these discussions and the hard work involved to make this a success. Cindy Johnson, 4140 Elmwood Drive, Chamber of Commerce President thanked all those involved and the leadership of those present. Ken Gnadt, 1610 Gretchen commented on the success of Husker Harvest Days and positive comments he heard at Husker Harvest Days in moving the State Fair to Grand Island. Corby Flagle, 3932 Meadow Way Trail, Hall County Ag Society Fair Manager thanked the Council and Mayor and welcomed them onboard. Mayor Hornady thanked members of Fonner Park, Chamber, City Council and city staff. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. RaNae Edwards City Clerk Item G3 Approving Re-Appointment of Sue Pirnie to the Community Redevelopment Authority Board The Mayor has submitted the re-appointment of Sue Pirnie to the Community Redevelopment Authority Board. This appointment would become effective October 1, 2008 upon approval by City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G4 Approving Garbage Permits for Central Waste Disposal, Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal and Refuse Permits for Full Circle, O'Neill Transportation and Equipment, and Scott’s Hauling Tuesday, September 23, 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 23, 2008 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2007/2008: Central Waste Disposal, 147 East Roberts Garbage Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 4331 Juergen Road Refuse O’Neill Transportation and Equipment, 558 S. Stuhr Rd. Refuse Scott’s Hauling, 3230 Westside Street Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2008/2009. Sample Motion Move to approve the renewal for garbage/refuse permits for 2008/2009. Item G5 Approving Request from Scott Schlatter, 3325 Longview Court, Lincoln, Nebraska for Liquor Manager Designation for Hy-Vee Gas #1221, 118 Wilmar Avenue and Hy-Vee Grand Island #1221, 115 Wilmar Avenue Tuesday, September 23, 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 23, 2008 Subject: Request from Scott Schlatter, 3325 Longview Court, Lincoln, Nebraska for Liquor Manager Designation for Hy-Vee Gas #1221, 118 Wilmar Avenue and Hy-Vee Grand Island #1221, 115 Wilmar Avenue Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Scott Schlatter, 3325 Longview Court, Lincoln, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-79662” Liquor License for Hy-Vee Grand Island #1221, 115 Wilmar Avenue and Class “D-79661” Liquor License for Hy-Vee Gas #1121, 118 Wilmar 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 Scott Schlatter, 3325 Longview Court, Lincoln, Nebraska for Liquor Manager Designation in conjunction with the Class “C-79662” Liquor License for Hy-Vee Grand Island #1221, 115 Wilmar Avenue and Class “D- 79661” Liquor License for Hy-Vee Gas #1121, 118 Wilmar Avenue” Liquor License with the stipulation that Mr. Schlatter complete a state approved alcohol server/seller training program. Item G6 Approving Request from Eagles Fraternal Order #378 dba Eagles Fraternal Order #378, 213 North Sycamore Street for a Deletion to Class “C-01462” Liquor License Tuesday, September 23, 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 23, 2008 Subject: Request from Eagles Fraternal Order #378 dba Eagles Fraternal Order #378, 213 North Sycamore Street for a Deletion to Class “C-01462” Liquor License Item #’s: G-6 Presenter(s): RaNae Edwards, City Clerk Background Eagles Fraternal Order #378 dba Eagles Fraternal Order #378, 213 North Sycamore Street ha s submitted an application for a deletion of the upstairs area approximately 132’ x 132’ to their Class “C-01462” Liquor License. Discussion Eagles Fraternal Order #378 currently holds a liquor license which covers the upstairs and downstairs of the Eagles building located at 213 North Sycamore Street. They are requesting a deletion of the upstairs area approximately 132’ x 132’. This area will be covered under a separate license which is before the City Council for approval tonight from Balz Banquet & Reception Hall. 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 City Clerk. 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 request from Eagles Fraternal Order #378 for a deletion of the upstairs area of approximately 132’ x 132’ from their Liquor License “C-01462” located at 213 North Sycamore Street. Item G7 #2008-259 - Approving All-Hazard Mitigation Plan for the City of Grand Island Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: September 23, 2008 Subject: Approving All Hazard Mitigation Plan for the City of Grand Island Item #’s: G-7 Presenter(s): Chad Nabity, AICP Background The Hall County Regional Planning Commission was the recipient of a grant from FEMA through the Nebraska Emergency Management Agency to develop hazard mitigation plans for the member communities. We met in March of 2007 to begin the process and this is the result of that and subsequent meetings and work by the Nebraska Department of Natural Resources, the Army Corps of Engineers and Regional Planning and Emergency Management Staff. This grant paid for the entire plan with staff and volunteer time as a permitted community match. An All-Hazards Mitigation Plan adopted by local governing bodies is required by FEMA. Discussion This plan identifies activities that the City of Grand Island could fund that would lessen the impact of hazards on the communities. Grand Island has a history of funding mitigation activities. The city is currently participating with the County and Central Platte NRD in developing a flood diversion project in northwest Grand Island along the Prairie, Silver and Moores Creeks. The Wood River Diversion project is one of the most successful mitigation projects in and around the City. Grand Island Utilities’ aggressive tree trimming program prevented a great deal of damage during the 2007 ice storms. FEMA has reviewed the draft and given it preliminary approval. Adoption of this plan does not commit these communities to the projects outlined but it does give these mitigation projects priority should funding become available from FEMA. Without a plan approved by FEMA the communities would not be eligible for funding for mitigation activities. Mitigation activity money often becomes available in the aftermath of a declared disaster in an attempt to minimize the impacts of future events. The Regional Planning Commission held a public hearing at their meeting on September 3rd and passed a resolution approving the plan and recommending approval of the plan to the governing bodies. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to resolution defining the boundaries 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation It is recommended that the City Council pass the attached resolution, adopting this All- Hazard Mitigation Plan for the City of Grand Island. Sample Motion Move to approve the Resolution adopting the All-Hazard Mitigation Plan for the City of Grand Island. R E S O L U T I O N 2008-259 WHEREAS, a study was prepared by the United States Corps of Engineers, the Nebraska Department of Natural Resources and City Staff for the City of Grand Island, and WHEREAS, the purpose of the study was to prepare an all-hazards mitigation plan which establishes the framework and also a process to implement and review the plan to reduce hazards as conditions change, and WHEREAS, a complete mitigation plan shows that a community is addressing its hazards and qualifies the community for mitigation assistance from federal and state agencies, and WHEREAS, the community has identified mitigation activities that can be engaged in but acknowledges that such activities may be accomplished over time as funding is available NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the All Hazards Mitigation Plan for Grand Island attached as Exhibit A is approved and adopted, and the Mayor is hereby authorized to execute the associated plans on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Exhibit A Grand Island Dam Failure Drought Earth- quake Flood Summer Storm Land slide Winter Storm Tornado /Wind Wildfire Probability Low Medium None High High None High High Low Extent Limited Limited Unknown Severe Severe Zero Severe Severe Limited Previous Occurrence No Yes No Yes Yes No Yes Yes No Probability: Based on history, what is the likelihood this type of event will happen again? - None, Low, Medium, or High Extent – If this event were to happen, how extensive could the damage be? - Zero, Limited, Severe, Full, or Unknown Previous Occurrence: Is there an historic record of this type of hazard in the community? The above table shows the input provided at the initial public meeting. Due to the geographical proximity, the following hazard types were not considered due to there being no likelihood of occurring in Nebraska: volcanic eruptions, avalanches, hurricanes, tidal surges, and tsunamis. In the following sections, only the hazard types which have a significant likelihood of occurring or have a reason to potentially occur are listed. These types are: severe weather (summer and winter), tornado, flood, and drought. Although there is a small risk for earthquakes, wildfires, and landslides, the threat and associated risk for these hazards is not high enough and there are no realistic or feasible mitigation actions which can be taken to reduce the level of risk. The National Climatic Data Center lists no records of wildfire for Hall County. Additionally, the citizens did not rank these hazards high enough to warrant detailed discussion in this plan. This may change in future updates. Disaster History Flood On June 20, 1947, Wood River came up and flooded Stolley State Park. Water was over Highway 2 for one mile. Damage was estimated at $5,000. On June 10, 1949, $219,000 was caused by Wood River flooding. Woodland and Riverside golf courses recorded significant damage. The most extensive flood event to impact Hall County resulted from a long period of excessive rainfall in May and June of 1967. From June 7 to 15, more than 10 inches fell, but the main culprit for the flooding was the 3.2 inches which fell on June 13th. The Wood River crested at six feet (3.5 foot flood stage) and was flowing at 25,000 cubic feet per second. Three people were killed, 1800 buildings were flooded, and 11,000 of the City’s 28,600 residents were directly impacted. Prairie Creek, Silver Creek, and Moores Creek flooded 62 residences and 7 businesses on the north side of the City. Total damage in Grand Island was set at $6.25 million ($38.2 million in 2006 dollars). This flood event was a part of the larger Platte River valley flood, which saw total damage at $49,309,015 – of which $40.8 million was private damage ($23 million agricultural damage, $12 million transportation damage, $5 million classified as “urban” damage), and $8.5 million was public damage. On May 11 and 12, 2005, 7.21 inches of rain fell in a 24-hour period with 7.16 inches of the total falling from 4pm on the 11th to 4am on the 12th. These rainfall totals eclipsed the previous 24- hour rainfall record of 5.88 inches and the previous 12-hour rainfall record of 5.65 inches. Officials from the High Plains Regional Climate Center claimed that this intense rain event was equal to a 100-year storm. An incredible 6.38 inches of rain fell in the six-hour period from 7pm to 1 am. Thirty-six homes were evacuated in Grand Island as flooding was rampant over the west and north part of the city. The city's sewer system handled about 75 million gallons of water, or about 6 times the normal amount during the storm. Many parts of the business and residential districts sustained flood damage as the Prairie, Silver, and Moores Creeks flooded. On the southern end of town, the newly-completed Wood River Diversion project prevented the vast majority of the damage. Without the project, it was estimated that the extent of the 2005 flood would have equaled the 1967 flood. On July 10, 2006, afternoon and evening thunderstorms produced heavy rains, which caused urban flooding. Property damage was estimated at $20,000. On July 29, 2007, thunderstorms produced 5.07 inches of rain in Grand Island. This caused flooding in the northwest part of Grand Island with total property damage set at $75,000. On August 22, 2007, flooding on the south side of town washed a car off the road into a ditch. In addition to the heavy rain, 80 mph wind gusts hail, and brief small tornadoes occurred in south central Nebraska. Damage estimate for Grand Island was placed at $50,000. As defined by FEMA’s repetitive loss list, there is one repetitive flood loss property with a Grand Island address. Severe Weather There have been so many instances of severe weather events impacting Grand Island that only the ones with significant damage or unusual weather phenomena are listed below. August 5, 1995: 80 mph winds caused $100,000 in undisclosed property damage. Hail of 2 inches in diameter also caused more than $1.5 million in property damage. June 20, 1997: A thunderstorm developed north of Kearney and moved east through Grand Island. Strong winds, over 75 mph, caused property damage in the area set at $40,000. July 7, 1997: 1-inch hail along with very heavy rain and high winds caused $150,000 in damage. August 21, 1997: 1-inch hail broke windows and damaged numerous cars. Damage: $100,000. August 15, 1999: Severe thunderstorms early in the evening left a narrow path of wind damage from south of Kearney to the Grand Island area. Wind gusts of 60 to 80 mph damaged buildings, trees and downed several power lines. In Grand Island, a couple of garages were damaged; trees uprooted and about 5,000 people were left without electricity for a short time. Total property damage was estimated at $50,000. April 22, 2001: a microburst near the mall in Grand Island damaged several trees, signs and knocked over one light post. Damage was estimated at $10,000. May 5, 2002: 3-inch hail devastated an area from Doniphan to east of Grand Island. Total property damage was established as $2 million; however, it is unclear how much of that damage occurred in Grand Island. June 19, 2002: 70 mph winds tore the roof off the gymnasium at the R-1 school five miles north of Grand Island. Damage estimate: $16,000. May 4, 2003: Golf ball sized hail in Grand Island caused $250,000 in property damage. May 13, 2003: Severe thunderstorms formed northwest of Grand Island during the afternoon and evening hours. A sign was destroyed, minor tree damage was reported, and some small sheds were damaged. Damage estimate: $100,000. April 18, 2004: 60 mph winds broke a light pole at an auto dealership and damaged four vehicles as it fell to the ground. Damage to the vehicles along was estimated at $14,000. May 16, 2004: 70 mph winds caused $30,000 to trees and power infrastructure. May 21, 2004: Golf ball sized hail in Grand Island caused $25,000 damage. May 10, 2005: 70 mph winds near the airport destroyed a construction trailer. Minor damage was reported southeast of town. Damage: $25,000. 1¾ inch hail caused an additional $100,000 in property damage. May 11/12, 2005: In addition to the intense rain and flooding, the severe storms also brought large hail driven by high winds. Officials estimated that 2800 homes and businesses had damage in Grand Island. June 15, 2006: There were numerous reports of trees down blocking roads and knocking out power. Some of the trees fell on homes. Damage: $20,000. June 24, 2006: Penny to golf ball sized hail fell in and around Grand Island, causing $30,000 in property damage. Tornado Grand Island has the unfortunate distinction of having been hit with one of Nebraska’s worst tornado outbreaks. The outbreak took place on June 3, 1980, and the twisters devastated entire sections of Grand Island – especially the City’s northwest and north central residential areas, as well as the southern business district. Depending on the accounts, between 5 and 15 tornadoes between 7:45pm on the 3rd to 1:30am on the 4th were spotted. The National Climatic Data Center reports 13 tornadoes with four of them rated as F1, three as F2, three as F3, and three as F4. The tornadoes killed five people, injured more than 400, and caused $300 million in damage. The destruction covered more than 150 city blocks, including losses to 357 homes, 33 mobile homes, 85 apartments, and 49 businesses. This event has been turned into a book and a television movie (“Night of the Twisters”), and was studied by a special team of research scientists, including Professor T. Theodore Fujita himself. This tornado outbreak captivated scientists because the storm included both cyclonic and anticyclonic tornadoes. On August 5, 1995, an F0 tornado came within five miles west of Grand Island. On August 4, 1996, a severe thunderstorm produced a brief tornado touchdown southwest of Grand Island. Funnel clouds were also observed just south and east of town. On May 13, 2003, funnel clouds were reported in the Grand Island area, but no tornado was confirmed. Drought NCDC reports two drought events since 1950 for Hall County: in 2000 and 2002. Both of these droughts appear to have been agricultural droughts with the most impact to growing crops. Although Grand Island is situated in an area which has been directly impacted by a drought, there are no indications that the City has ever been materially impacted by a drought. Likelihood of Future Hazard Events It is certain that Grand Island will be impacted by severe weather – perhaps as often as each year. In these events, it should be expected to witness large hail, high winds, and intense rain in the summer, and large snowfalls, ice, and bitter wind chills in the winter. Although it is certainly possible, it is less likely that Grand Island will be directly impacted by a tornado. Past Hazard Mitigation Efforts National Flood Insurance Program The City of Grand Island participates and is in good standing in the National Flood Insurance Program (NFIP). The initial identification for the floodplain map for Grand Island was completed on April 5, 1974 and the City became eligible for the Emergency Phase of the NFIP on March 14, 1975. Flood Hazard Boundary Map revisions were incorporated onto the map dated September 3, 1976. The boundary map was converted to a Flood Insurance Rate Map on March 2, 1983, which was also the date that Grand Island became eligible for the Regular Phase of the NFIP. New preliminary Hall County countywide floodplain maps were published on August 31, 2007. It is not possible to tell when the preliminary Hall County maps will become effective. Wood River Diversion The Wood River Flood Control Project was dedicated in spring of 2004. The 300-foot wide diversion channel diverts excess water from the Wood River and Warm Slough to the east and into the Platte River. This project provides flood control protection for 1500 homes and businesses. The project was tested by the May 11 and 12, 2005, flood event, when 7.21 inches of rain fell in a 24-hour period. From a hydrological standpoint, this event would have resulted in a flood similar to the devastating 1967 flood; however, the Project functioned as designed, and flood damages were minimal for the protected area. The Central Platte Natural Resources District estimated that the $17 million project paid for itself in this event, less than one year after dedication. The project was sponsored by CPNRD and was funded 42.5% by CPNRD, 35% by City of Grand Island, 11.25% Hall County, and 11.25% Merrick County. The project was constructed by the US Army Corps of Engineers, and the Natural Resources Development Fund (administered by the Nebraska Department of Natural Resources) provided the 60% of the non- federal share of the planning. Prairie/Silver/Moores Creek Flood Control Project In May of 2000, the CPNRD and City of Grand Island contracted out to perform a detailed hydrologic analysis of northern and western Grand Island. The analysis also included an evaluation of options for reducing flood damages and to present a preferred alternative. An engineering firm was selected in September of 2005 to provide engineering services for the design and oversight of the flood control project. The flood control project is designed in three phases, expecting to be completed in 2015. Construction of Phase 1 began in January of 2007. The phases are: Phase 1 – Silver Creek Low Land Stormwater Detention Cells The first phase of the project is the construction of four large floodwater detention cells along the Silver Creek channel with a total excavatio n near 4.5 million cubic yards of earth. The cell design includes the lowering and re-grading of Silver Creek for more then two miles. The detention cells will detain stormwater runoff in excess of the 2-year storm. A 3’ x 3’ concrete box culvert will be used as the outlet and will release the water from the cells at a rate equal to the 2-year storm. A second 3’ x 6’ gated box culvert will be used for rapid draw down of the cells. A berm is being placed around the cells, approximately 2 feet above existing ground, to provide sufficient capacity to detain runoff from the 100-year storm with a 1-foot freeboard. Phase 2 – Basin Divide and Silver/Moores Creek Diversion Channel A diversion channel that will connect Silver Creek to Moores Creek and a levee that will prevent flood water from flowing from one basin the adjacent basin. The stormwater released from the cells when combined with runoff excess, flows from the Prairie Creek and will cause flooding within the city of Grand Island. This levee will be designed to meet the requirements set forth by FEMA. A diversion channel will be constructed to divert water from Silver Creek to the Moores Creek floodway. Phase 3 – Upland Dams and Prairie/Silver Creek Channel A series of upland detention dams and an overflow channel from Prairie Creek to Silver Creek. The exact locations of the detention sites will be finalized in the final design phase of this project. Several sites are available and will be evaluated after geological investigations have been completed. The channel between Prairie and Silver Creek will serve to carry excess flows from Prairie Creek to Silver Creek. Floodplain Buyouts The City of Grand Island has acquired and demolished two flood prone properties near the Platte Generating Station. Prairie Creek Clearing Although the Prairie Creek Flood Control Project had a local effect, damages could be reduced on Prairie Creek by keeping the channel clear. Projects have been completed from the mouth of Prairie Creek in Merrick County to the Hall-Buffalo county line. Annual maintenance cost to CPNRD is $10,000. Moores Creek Flood Control Project Project sponsors of the feasibility study for the flood control on Moores Creek include CPNRD, the City of Grand Island, Merrick County and Hall County. The three-phase project consisted of channel improvements, construction of three detention/retention and wildlife habitat enhancement cells, and construction of waterways and bridges to enable storm runoff. Annual maintenance cost is estimated at $20,000. Emergency Snow Route Grand Island has instituted emergency snow routes, which allows the City to remove the snow more quickly and efficiently following a significant snow event. This improves public safety since access to medical care is often needed more frequently as a result of the snowfall. The snow removal plan and maps are available in the local telephone book and online at the City’s website. Tree City USA Grand Island has been a Tree City USA community since 1987. Being a Tree City USA allows a community to reduce its exposure to falling trees and limbs from high wind, tornado, and ice events. Grand Island also offers a cost sharing program for homeowners who purchase the best types of trees for their boulevard areas and yards. Vulnerability Assessment According to the Nebraska Department of Property Assessment and Taxation, the total assessed taxable value for Grand Island in 2007 was $2,215,715,709. Broken out by significant property types, this is: Residential real property: $ 1,326,296,441 Commercial real property: $ 665,277,967 Comm/Ind. personal property: $ 109,442,265 Industrial real property: $ 49,777,940 Public service co. total property: $ 42,670,242 Railroad total personal property: $ 17,705,107 Agricultural total property: $ 4,545,747 The entire structure stock is vulnerable to the severe weather, tornado, and drought hazard. This means that, as of 2007 there is $2,215,715,709 in at-risk assets for these hazard types. For the flood assessment, a software program called HAZUS-MH® was used. HAZUS-MH stands for “Hazards U.S. – Multi-Hazard”, and uses default census information to estimate the amount of damage from a flood. In so doing, it generates a basic estimation of the number of structures in the study area and the amount of potential damage. The printout result of the flood model is included at the end of the Grand Island report. There are important disclaimers for using this information as it is generated by computer using data that is not improved from the basic census information – these concerns are outlined below after the flood model summary. As shown in the report, HAZUS calculates: Number of Buildings in Grand Island: 20,396 Residential Buildings 18,808 Non-Residential Buildings 1,588 General Building Stock Damage HAZUS estimates that about 140 buildings will be at least moderately damaged by a flood of a magnitude which inundates the modeled floodplain – this is 6.8% of the total number of buildings in the case study. Of the 140 buildings, 13 will be completely destroyed. More detailed damage figures by occupancy and by building type are given in Table 3 and Table 4 in the HAZUS report at the end of the Grand Island section. Essential facility damage HAZUS estimates that there are five fire stations, two hospitals, two police stations, and 25 schools in the study region. Of these 34 essential facilities, four schools are estimated to receive at least moderate damage – with two of these schools losing function. Debris Generation HAZUS estimates that 4,337 tons of debris will be generated by a flood. Of this amount, “Finishes” (defined as dry wall, insulation, etc) comprised 81% of the total while “Structural” (wood, brick, etc) comprised 6% of the total. If the debris tonnage is converted into an estimated number of truckloads, it will require 173 truckloads (at 25 tons/truck) to remove the debris generated by the flood. Shelter Requirements HAZUS estimates that 2,359 households will be displaced by the flood. Of these, 6,158 people will seek temporary shelter in public shelters. Economic Loss The total economic loss for the flood is $76.61 million, which represents 8.72% of the total replacement value of the buildings in the scenario. The building losses are broken into direct building losses and business interruption losses. HAZUS calculates that direct building losses to be $73.25 million while the remaining $3.36 million is for business interruption. Of the $73.25 million on direct building losses, $20.24 million is for residential and $44.10 million is for commercial as the two largest categories (see Table 6 of printout). Corps of Engineers Structural Inventory In the structural inventory completed by the Corps of Engineers, 1045 properties were found to be located in a regulated floodplain in Grand Island’s extraterritorial zoning jurisdiction. Of these, 88 were in a Zone A, 42 in a floodway, and 915 in Zone AE. The valuation of these 1045 floodplain properties found by the Corps of Engineers is $94,872,642, or 5.2% of the total valuation of Grand Island and its zoning jurisdiction. Figure 1 shows the Grand Island census tracts in Hall County which were used in the flood assessment. Figure 2 shows the floodplain which HAZUS automatically models as a part of its assessment – the darker the shade of blue, the deeper the modeled floodplain. HAZUS report disclaimers: As shown on HAZUS Figure 2, the Wood River Diversion is not shown as eliminating the floodplain on the south end of town. The above analysis was completed using default data, which uses statistical averages for variables across census tracts. Also, there are uncertainties inherent in any loss estimation technique. Therefore, there may be a significant difference between modeled results contained in this report and the actual social and economic losses following a flood. More precise results could be completed by inputting user- defined values for the census tracts or the analysis could be run by census blocks, which would reduce – but not eliminate – the estimates used in the model. Figure 3 shows the critical facilities, as identified by the City. Critical facilities are those structures which will be essential for returning the Village functions to normal after a disaster (“Civic”), are vital for disaster response and sheltering (“Shelter”), and are essential for public health and safety (“Lifeline Utility”). In Grand Island, the 90 critical facilities identified are: 52 emergency shelters 24 schools 5 fire stations 2 police stations 2 medical facilities 1 hospital 1 power plant 1 treatment plant 1 airport 1 bus terminal The Corps of Engineers structural inventory found the following critical facilities in the floodplain: Cedar Hollow Public School Veterans Administration Medical Center Berean Bible Church Grand Island Wastewater Treatment Plant Grand Island Senior High School Seventh Day Adventist Church First United Methodist Church Community Bible Church Church of Christ Platte Generation Station Figure 4 shows the potential ranges of the tornado warning sirens in Grand Island, with the yellow shading being a half-mile from each siren and red one mile from each siren. As shown by the figure, the majority of current development within the Grand Island corporate limits is in the yellow shaded area. It must be recognized, however, that these are outdoor warning sirens which are designed to alert residents who are outside and in close proximity to the sirens. They are not designed to warn persons indoors at-distance, traveling in vehicles, or in noisy environments. In addition, a warning system works best if there are operational redundancies – meaning that it is always safer to have additional sirens in a network in case a siren malfunctions or is destroyed. An additional consideration is that periods during which warning sirens are needed are often noisy in themselves with high wind, intense rain, and hail which all act to reduce peoples’ ability to hear the sirens. It is easier to hear a warning for people who are downwind of the siren. Figure 5 shows the areas of new development which is most likely to occur in the next five to ten years. New residential development is already taking place in the blue highlighted area with road and sewer infrastructure in place. The vulnerability of all development – existing or future – is the same now and will be the same in the future for severe winter storms, severe summer storms, and tornadoes. The only hazard which is able to be modified by human beha vior or activity is flooding. However, since there Grand Island is in good standing in the Regular Phase of the National Flood Insurance Program, any future floodplain development will be completed in compliance with the City’s floodplain management ordinance. Mitigation Alternatives GOALS: 1) Reduce or prevent future damage from natural hazard events, 2) Increase public safety To address these goals, mitigation alternatives were suggested in the public meeting and prioritized by the Grand Island City Council. Prioritization Grand Island prioritized the mitigation alternatives according to the “STAPLE(E)” procedure (Social acceptability, Technical feasibility, Administrative capability of local government, Political acceptability, Legal authority to implement, Economic justification, and Environmental acceptability). In addition, alternatives were prioritized based on the community’s goals and planning objectives. At its discretion, Grand Island officials may choose to not implement any of the proposed mitigation projects at this time with the realization that future events may change this stance as well as the prioritization of projects. Projects sponsored for implementation will follow a public process. 1) Maintain good standing in the National Flood Insurance Program Objective 1: Continue to regulate development in floodplain areas and adopt the Hall County floodplain maps when they become effective. Funding sources and potential cost: No funding needed, no cost. 2) Mitigate repetitive loss properties Objective 2: Reduce future flood insurance payments and reduce flood losses by mitigating repetitive loss properties through acquisition, elevation, or other techniques. Acquisition should be first priority. Funding sources and potential cost: FEMA’s mitigation programs – cost will vary by structure and by mitigation technique used. 3) Reduce flood damages Objective 3: Reduce impacts of flood and stormwater problems - Action 3.1: Complete a drainage study. Given the extremely flat topography in the area, drainage will always be a problem – especially for intense warm weather rainfall events. A drainage study is needed in Grand Island to help the City make wise land use decisions, to identify where existing drainage infrastructure is weak, and to identify ways to address these weaknesses. A drainage study has the potential to also identify good flood mitigation projects which could be funded using FEMA’s mitigation programs. Funding sources and potential cost: Central Platte NRD, Community Development Block Grant, City – average cost varies widely on scope and community size - Action 3.2: The City Council should consider passing a stormwater management ordinance. Such an ordinance would be designed to hold back stormwater on-site from large developments and to reduce erosion. The City of Lincoln has passed a stormwater management ordinance which could be used as a model or guide. Funding sources and potential cost: Could be implemented using existing City resources. - Action 3.3: Upgrade culverts which are found to restrict flows from rain events. A drainage study can show which culverts and bridges are undersized and need to be replaced with larger openings. However, a drainage study is not necessary to know there is a problem. A drainageway which drains properly will not have flow impediments which back up water on to adjacent property. However, flow impediments can be placed in the flow path on purpose to direct the flow of water toward a specific area designed to retain excess water during periods of high flows. It must be noted that culvert upgrades may not have a lasting impact if upstream stormwater is not somehow managed. Funding sources and potential cost: City, NRD, Natural Resources Development Fund. Cost varies greatly by design and scope. - Action 3.4: Clear ditches to improve channel conveyance capacity to allow flows to move unimpeded to the Platte River. Funding sources and potential cost: City, CPNRD - Action 3.5: Create a maintenance plan for the drainage system. If improvements are made to Grand Island’s drainage system, it will be important to protect the “current condition” of the drainage so that it does not revert back to problem areas. Funding sources and potential cost: City. Cost to create a maintenance plan would be none to little; however, the City may need to devote financial resources toward it. - Action 3.6: Floodproof any critical facility which is prone to flooding. Funding sources and potential cost: FEMA’s mitigation programs, cost would vary by scope and design. 25% non-federal match requirement would be needed – most likely from City. 4) Identify and designate tornado shelters, publicize the locations of all public tornado shelters to increase public awareness with a sign on the building. Objective 4: Provide emergency shelter(s) to which students or local residents would evacuate in the event of a tornado warning, especially those who live in vulnerable housing. - Action 4.1: Study existing public buildings to see if the y offer adequate tornado shelter. If buildings are found, they should be identified with proper signage so that citizens know where they can go during a tornado warning. Funding sources: Unknown - Action 4.2: Create public shelters by retrofitting or new construction. FEMA has retrofitted schools and constructed all-new shelters in several places in the Midwest. However, most tornadoes occur in late-afternoon to early evening when a school might be closed for the day. Furthermore, it has been reported that public tornado shelters that are left open to the public are not used properly, with vandalism and use by vagrants as problems. At-risk structure types include mobile homes and slab-on-grade construction which has no basement. - Action 4.3: Consider constructing tornado shelters for vulnerable construction like manufactured home concentrations. Funding sources and potential cost: FEMA’s Pre-Disaster Mitigation program or Hazard Mitigation Grant Program for construction only– cost varies widely based on scope and design 5) Ensure adequate outdoor severe weather warning coverage Objective 5: Replace the existing tornado sirens which are outdated. In Hall County, the warning sirens are owned by the communities. There is no funding assistance available from the County for new sirens; however, if the community purchases a warning siren, Hall County Emergency Management can help coordinate the warning system through the central siren warning system located in Grand Island. There have been significant advances in warning siren technology since the time that many sirens were erected as a result of the Cold War scare in the 1950s and 60s. The old style of warning siren is manual and operates using at least 110 volts – possibly as much as 220 or 240 volts. In addition, these sirens also have no battery backup since it is not economically feasible to purchase backup systems for manual sirens. In the event that severe weather is approaching, a power outage – which is common in severe weather – means that no warning will be sounded. As a result, there could be higher loss of life since a warning would have alerted people within earshot to seek shelter. Newer sirens operate using 12 volts, which makes battery backup possible – in fact, these sirens typically have a backup system already built in. This means that the only option for having a tornado siren with battery backup is the actual purchase of a new siren. - Action 5.1: Purchase new tornado sirens to replace the older models. Funding sources and potential cost: City. Estimated cost: $25,000 to $50,000 . 6) Reduce damages caused by downed tree limbs Objective 6: Reduce the duration or eliminate power outages from severe weather. Overhead power lines are vulnerable to collapse from icing in the cold weather months and from high winds or tree limbs falling on power lines in warm weather months. - Action 6.1: Initiate a power line burying project. Funding sources and potential cost: FEMA’s Hazard Mitigation Grant Program or Pre-Disaster Mitigation Program could provide up to 75% of the project cost. The remaining cost might be shared with the Public Power District, City, or property owners. - Action 6.2: Write to the Nebraska Forest Service and request a tree inventory. An inventory is especially helpful in mitigation planning for communities which experience regular tree-related damages. An inventory can identify problem trees and recommend changes to the way a community administer a local tree management program (i.e., through a Tree Board or Park Board). Problematic areas of tree limbs with power lines could be addressed as a priority. Funding sources and potential cost: Free 7) Ensure adequate severe weather notifications to citizens and critical facilities Objective 7: Purchasing or education of a weather radio - Action 7.1: Work with the local cable television company to create a cable television interrupt warning system. Such a system would remove the concern over which television or radio station to turn to for weather information and would be a way to inform the majority of the public of impending severe weather. - Action 7.2: For public critical facilities, the City should consider purchasing a weather radio to be used in each facility for the rapid dissemination of a severe weather warning. - Action 7.3: In noisy manufacturing facilities which may not hear tornado sirens, the City could inform the owners of these facilities of the option that they could purchase a weather radio. - Action 7.4: Encourage critical facilities like senior care facilities and hospitals to develop and practice their own emergency sheltering plans. Funding sources and potential cost: City of Grand Island, local businesses. Approximate cost about $30 per radio. Plan development would carry no cost other than staff time. 8) Improve the City’s capability to communicate in a post-disaster scenario Objective 8: Acquire a comprehensive communication system. The current system of cellular telephones depends on having a cell tower network and being able to connect with other emergency responders when cellular traffic will be very high. - Action 8.1: Assess the types of communication systems that are available, being used by other counties or communities, and which would fit into the budget. Options might include something like a satellite telephone network with handheld units. - Action 8.2: The City and County could have a Ham radio network on standby in case of communication failure. Funding sources and potential cost: The most likely funding source for this objective would be Hazard Mitigation Grant Program “set-aside” funds made available to states after a federally-declared disaster. Other funding sources are unknown. Potential cost would vary widely based on system needs, and is therefore also unknown at this time. 9) Prevent or reduce the duration of power outages Objective 9: Increase the capability for the City’s electric infrastructure to withstand severe weather. Whether for public safety or public welfare, having a function electric system has clear benefits in a post-disaster scenario. These actions would be more effective for more rural transmission and distribution lines which have a longer space between poles than in urban areas. - Action 9.1: Install “T2” line, which prevents ice buildup - Action 9.2: Periodically in a segment of power line, strengthen a power pole. This will prevent any “cascading” effect of pole failures, which will reduce the time necessary for repairs. - Action 9.3: Instead of T2 line, automatic disconnects could be installed on the lines at the poles to prevent the weight of the line from pulling down the poles. Funding sources and potential cost: The most likely funding source for this objective would be Hazard Mitigation Grant Program “set-aside” funds made available to states after a federally-declared disaster. Other funding sources are unknown. Potential cost would vary widely based on system needs, and is therefore also unknown at this time. GOAL: 3) Inc rease Public Education 10) Educate the public about natural hazards, preparedness, and mitigation Objective 10: Initiate or continue natural hazard awareness and education programs - Action 10.1: Hall County Emergency Management Agency (HCEMA) will continue its current educational programs. HCEMA also completes annual education programs to grade schools each year, reaching approximately 500 to 600 kids. They discuss severe weather and where to go and what to do if there is a tornado warning. - Action 10.2: HCEMA also participates in the annual Severe Weather Awareness Week by placing articles in the local paper and airing information on the City’s local government television station. Educational outreach programs could be expanded to include all hazards and a severe winter weather preparedness program for the fall. - Action 10.3: HCEMA also participates during the test warning day by using all of our normal procedures as if there were an actual event, including setting off the warning sirens. - Action 10.4: The City and HCEMA can make educational materials available to the public in the public library and website. Education would include, but not be limited to, how to protect yourself and your property from tornadoes and severe weather, their potential risks to different disaster types, preparedness procedures for their home, more wind-resistant construction design, and hardier types of trees to plant in areas close to homes, power lines, and streets. Free brochures are available through the National Weather Service and American Red Cross. Funding sources and potential cost: Funding sources are not applicable, cost is free except for work time. Implementation To start implementation, determining which projects should be submitted for funding will be based on a FEMA-approved cost-benefit method. This means that proposed projects would need to be reviewed for cost effectiveness with the assistance of state emergency management or floodplain management personnel. Unless otherwise delegated, the Hall County Regional Planning Director will be the person responsible for project administration of any project selected for implementation. FEMA has the authority to approve or deny mitigation projects applied for under their agency’s mitigation programs. Evaluation In this plan, several potential mitigation projects are identified; however, it is not designed to have an all-inclusive list of projects. It is designed to be a living document which can be adapted to the landscape as conditions change. This means that this plan should be revised and updated as new projects are identified and prioritized and participating communities. There is a requirement to review and update this plan every five years. To do this, communities will follow the same procedure that Hall County will utilize in its mitigation plan updates, which is detailed starting on page 46 of the County portion of this report. There are also evaluation, update, and revision worksheets which have been included in this plan as Appendix B to assist with this process. Item G8 #2008-260 - Approving Acquisition of Approximately 6.8 Acres of Real Estate for Future Park Development Located Immediately North of the 3700 Block of Norseman Avenue (Niedfelt Property Management, LLC) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-260 WHEREAS, the City of Grand Island desires to purchase a tract of land for the construction of a neighborhood park in the Sterling Estates Subdivision; and WHEREAS, Niedfelt Property LLC, as owners, have accepted the City’s offer to purchase said land; and WHEREAS, Section 19-709, R.R.S. 1943, authorized the City to appropriate private property for use of the City for public facilities; and WHEREAS, The City Council finds and determines that it is necessary for the public good that the property more particularly described as: A portion of the Northwest Quarter (NW ¼) of Section 12, Township 11 North, Range 10 West in Hall County, Nebraska, described as: Outlot “A” Future Park; a strip of Block 9 between Lots 20 & 21; and a strip between Block 8 Lot 26 & Block 10 Lot 26. be acquired for the construction of a neighborhood park in the Sterling Estates Subdivision; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the city of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-261 - Approving Agreement with NDEQ to Provide Assistance for Retaining Wall Construction at Sucks Lake Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: September 23, 2008 Subject: Agreement with NDEQ to Provide Funding Assistance for Retaining Wall Construction at Sucks Lake Item #’s: G-9 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City of Grand Island made several major improvements to the area known as Sucks Lake Park. Improvements included dredging the existing lake, storm drainage improvements, playground equipment installation and the installation of a fishing pier. Much of the funding for these improvements came from grant funding provided by the Nebraska Department of Environmental Quality (NDEQ). Since those initial improvements were made, an erosion issue has developed along the south bank of Sucks Lake. Discussion The Park and Recreation Department contacted the NDEQ and requested assistance with the cost associated with the remediation of the erosion problem at Sucks Lake. Funds have been provided to the City by the NDEQ in the amount of $43,140.00 to assist in the costs associated with the improvements necessary to eliminate the erosion problem. One bid was received to do the work as specified. Greenworks Landscaping & Design of Grand Island provided a bid in the amount of $68,786.00 to do the required work. The balance of the funds necessary to pay for this improvement, $25,646.00 will come from existing budgeted funds. 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 funding agreement with the NDEQ to assist in the construction of the retaining wall at Sucks Lake. Sample Motion Move to enter into an agreement with NDEQ for assistance in funding the construction of a retaining wall construction at Sucks Lake. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-261 WHEREAS, the City of Grand Island developed Sucks Lake; and WHEREAS, in 2008, a grant funded by the Department of Environmental Quality was received for the construction of a retaining wall; and WHEREAS, the amount of the grant is $43,140.00; and 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 accept the grant for the retaining wall construction from the Nebraska Department of Environmental Quality. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the city of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-262 - Approving Bid Award for Retaining Wall Construction at Sucks Lake Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: September 23, 2008 Subject: Bid Award Retain in g Wall Construction at Sucks Lake Item #’s: G-10 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City of Grand Island made several major improvements to the area known as Sucks Lake Park. Improvements included dredging the existing lake, storm drainage improvements, playground equipment installation and the installation of a fishing pier. Much of the funding for these improvements came from grant funding provided by the Nebraska Department of Environmental Quality (NDEQ). Since those initial improvements were made, an erosion issue has developed along the south bank of Sucks Lake. Discussion The Park and Recreation Department contacted the NDEQ and requested assistance with the cost associated with the remediation of the erosion problem at Sucks Lake. Funds have been provided to the City by the NDEQ in the amount of $43,140.00 to assist in the costs associated with the improvements necessary to eliminate the erosion problem. Bids were opened on September 2, 2008 with one bid received to do the work as specified. Greenworks Landscaping & Design of Grand Island provided a bid in the amount of $68,786.00 to do the required work. The estimate for this project was $80,000. The balance of the funds necessary to pay for this improvement, $25,646.00 are available in Account No. 40044450-90021. 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 bid award to Greenworks Landscaping and Design in the amount of $68,786.00. Sample Motion Move to award the bid to Greenworks Landscaping & Design of Grand Island, Nebraska in the amount of $68,786.00 for retaining wall construction at Sucks Lake. 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 11:00 a.m. FOR: Retaining Wall Construction at Sucks Lake DEPARTMENT: Parks and Recreation ESTIMATE: $80,000.00 FUND/ACCOUNT: 40044450-90021 PUBLICATION DATE: August 23, 2008 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Greenworks Landscaping & Design Grand Island NE Bid Security: $3,440.00 Exceptions: None Bid Price: $68,786.00 cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Park & Rec. Sec. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1278 Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-262 WHEREAS, the City of Grand Island invited sealed bids for Retaining Wall Construction at Sucks Lake, in accordance with a Request for Bid on file with the Parks and Recreation Department; and WHEREAS, on September 2, 2008, bids were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Greenworks Landscaping & Design from Grand Island, Nebraska, submitted a bid in accordance with the terms of the request for bids and all statutory requirements contained therein and the City Procurement Code, such bid being in the amount of $68,786.00 for Retaining Wall Construction at Sucks Lake; and WHEREAS, the Greenworks Landscaping & Design bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Greenworks Landscaping & Design from Grand Island, Nebraska, for Retaining Wall Construction at Sucks Lake in the amount of $68,786.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-263 - Approving Acquisition of Utility Easement - 1812 Mansfield Road - Engleman Elementary School - School Dist. of Grand Island This item relates to the aforementioned Public Hearing Item E-6. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-263 WHEREAS, a public utility easement is required by the City of Grand Island, from the School District of Grand Island, to install, upgrade, maintain and repair public utilities and appurtenances, including water mains and fire hydrants; and; WHEREAS, a public hearing was held on September 23, 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 intersection of the southerly right-of-way line of Manchester Road and the westerly right-of-way line of Mansfield Road; thence southerly along the westerly right-of-way line of said Mansfield Road, a distance of two hundred forty three and forty five hundredths (243.45) feet to the ACTUAL Point of Beginning; thence continuing southerly along the westerly right-of-way line of said Mansfield Road, a distance of twenty (20.0) feet; thence westerly S87°00’51”W, a distance of two hundred fifty nine and fifty two hundredths (259.52) feet; thence northerly N92°59’09”W, a distance of twenty (20.0) feet; thence easterly N87°00’51”E, a distance of two hundred fifty nine and seventy five hundredths (259.75) feet to a point on the westerly right-of-way line of said Mansfield Road being the said Point of Beginning. The above-described easement and right-of-way containing 0.119 acres, more or less, as shown on the plat dated 9/2/2008, 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 the School District of Grand Island, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-264 - Approving Acquisition of Utility Easement - 1116 W. Oklahoma - Lot One, Preisendorf Subdivision - O'Neill This item relates to the aforementioned Public Hearing Item E-7. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-264 WHEREAS, a public utility easement is required by the City of Grand Island, from Thomas and Jill O’Neill, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on September 23, 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: The easterly ten (10.0) feet of the northerly twenty five (25.0) feet of Lot One (1) Preisendorf Subdivision. The above-described easement and right-of-way containing 250.0 square feet, more or less, as shown on the plat dated 9/8/2008, 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 Thomas and Jill O’Neill, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-265 - Approving Acquisition of Utility Easement - 1104 W. Oklahoma - Lot Two, Preisendorf Subdivision - O'Neill This item relates to the aforementioned Public Hearing Item E-8. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-265 WHEREAS, a public utility easement is required by the City of Grand Island, from Thomas and Jill O’Neill, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on September 23, 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: The westerly ten (10.0) feet of the northerly twenty five (25.0) feet of Lot Two (2) Preisendorf Subdivision. The above-described easement and right-of-way containing 250.0 square feet, more or less, as shown on the plat dated 9/8/2008, 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 Thomas and Jill O’Neill, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-266 - Approving Bid Award - 2009 Truck - Complete Unit with Articulating Aerial Platform & Chassis Tuesday, September 23, 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 23, 2008 Subject: Bid Award – 2009 Truck Complete Unit with Articulating Aerial Platform & Chassis (Unit #61 – Utilities Dept) Item #’s: G-14 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department budgeted in the 2007-2008 budget, and carried over to the 2008-’09 budget to replace Unit #61, the tree trimming bucket truck in the Electric Line Division. The truck, a 1996 bucket is used daily to maintain line safety clearances across the City. It has over 8,270 hours (equivalent to 124,000 miles @ 15 mph). Specifications were prepared for a replacement vehicle. The old unit is offered in trade. Discussion Specifications were written and sent to seven possible bidders as well as advertised according to City Purchasing Code. Bids were publicly opened at the advertised time of 11:00 a.m., September 4, 2008. Bids were received from four bidders. Exceptions were noted from all bidders. All but one of the exceptions were minor and acceptable by the Department’s evaluation of the bids. The “as read” low bidder, Truck Equipment of Urbandale Iowa, took exception to the lift capacity rating of the boom. The specifications require a total lift capacity at the end of the boom of 500 lbs. The bid from Truck Equipment is for a smaller unit, with a lift capacity of only 355 lbs. With personnel, tools, and line construction materials, a boom lift capacity of 355 lbs. is unacceptable. Therefore, the bid from Truck Equipment is deemed non-compliant. The bids are as follows: Base Bid Trade-in Total Truck Equipment $134,777.00 $5,000.00 $129,777.00 of Urbandale, IA Nebraska Truck Center, Inc. $137,205.00 $6,500.00 $130,705.00 of Grand Island, NE Terex Utilities $138,552.00 $6,500.00 $132,052.00 of San Antonio, TX Nebraska Peterbilt $140,391.00 $6,500.00 $133,891.00 of Grand Island, NE The lowest compliant bid is from Nebraska Truck Center, Inc., of Grand Island, Nebraska, for a total of $130,705.00, with trade-in of the exiting unit. 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 purchase of the 2009 Truck Complete Unit with Articulating Aerial Platform and Chassis from Nebraska Truck Center, Inc., of Grand Island, Nebraska in the amount of $130,705.00, including trade-in. Sample Motion Move to approve the purchase of the 2009 Truck Complete Unit with Articulating Aerial Platform and Chassis from Nebraska Truck Center, Inc., of Grand Island, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 4, 2008 at 11:00 a.m. FOR: 2009 Truck Complete Unit with Articulating Aerial Platform & Chassis DEPARTMENT: Utilities ESTIMATE: $180,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 14, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Nebraska Truck Center, Inc. Nebraska Peterbilt Grand Island NE Grand Island NE Bid Security: Universal Surety Company $6,694.55 Exceptions: Noted Noted Base Bid: $137,205.00 $140,391.00 Trade -In: 6,500.00 6,500.00 Total Cost: $130,705.00 $133,891.00 Bidder: Terex Utilities Truck Equipment, Inc. San Antonio TX Des Moines IA Bid Security: Westchester Fire Ins. Co. Merchants Bonding Company Exceptions: Noted Noted Base Bid: $138,552.00 $134,777.00 Trade -In: 6,500.00 5,000.00 Total Cost: $132,052.00 $129,777.00 Bidder: Altec Industries, Inc. Drake-Scruggs Equipment, Inc. St. Joseph MO Springfield, IL No Bid No Bid P1275 Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-266 WHEREAS, the City of Grand Island invited sealed bids for a 2009 Truck – Complete Unit with Articulating Aerial Platform and Chassis (Unit #61), according to plans and specifications on file with the Utilities Department ; and WHEREAS, on September 4, 2008, bids were received, opened and reviewed; and; WHEREAS, Nebraska Truck Center Inc., of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $137,205.00, (less trade-in of $6,500.00) making the final bid amount $130,705.00; and WHEREAS, the bid of Nebraska Truck Center’s bid is less than the estimate for the 2009 Truck – Complete Unit with Articulating Aerial Platform and Chassis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center, Inc., of Grand Island, Nebraska in the amount of $130,705.00, including trade-in, for a 2009 Truck, Complete Unit with Articulating Aerial Platform and Chassis (Unit #61) is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2008-267 - Approving Bid Award for Storm Drainage Project No. 2008-D-3; Driveway Culvert Replacement at Capital Avenue Outfall Ditch Tuesday, September 23, 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 23, 2008 Subject: Approving Bid Award for Storm Drainage Project No. 2008-D-3; Driveway Culvert Replacement at Capital Avenue Outfall Ditch Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background On August 8, 2008 the Engineering Division of the Public Works Department advertised for bids for the replacement of the driveway culvert at the Capital Avenue outfall ditch. This driveway culvert is a corrugated metal pipe that has corroded and been patched several times. It continues to allow soil to fall through the holes and has to be filled with rock and soil to maintain use of the driveway by the property owner. Eventually there will be little left of the culvert and it could cave in under the weight of farm equipment or vehicles using the driveway. Discussion A base bid and an alternate bid were received from The Diamond Engineering Company and opened on August 21, 2008. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney's Office have reviewed both bids that were received. A summary of the bids is shown below. Bidder Exceptions Total Bid The Diamond Engineering Company of Grand Island, NE None $41,870.56 - Base Bid The Diamond Engineering Company of Grand Island, NE None $44,230.34 - Alternate Bid Due to the rapidly increasing oil and steel prices, material pricing information was not available from suppliers to base an engineer's estimate on. The engineer's estimate for this project was $29,325.00. A review of the bid prices indicate the bid as submitted is fair and reasonable. It is also recommended the alternate bid of $44,230.34 be awarded, as this bid allows for the use of a polymer coated culvert, which will extend the life of the culvert considerably. 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 the bid award to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $44,230.34. 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: August 21, 2008 at 11:00 a.m. FOR: Storm Drainage Project No. 2008-D-3 DEPARTMENT: Public Works ESTIMATE: $29,325.00 FUND/ACCOUNT: 10033501-85650 PUBLICATION DATE: August 8, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: The Diamond Engineering Co. Grand Island NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $44,230.34 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1274 Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-267 WHEREAS, the City of Grand Island invited sealed bids for Storm Drainage Project No. 2008-D-3, Driveway culvert replacement at Capital Avenue outfall ditch, according to plans and specifications on file with the Public Works Department; and WHEREAS, on August 21, 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 $44,230.34; and WHEREAS, The Diamond Engineering Company’s bid is above the estimate for such project due to increases in oil and steel prices. 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 $44,230.34 for Storm Drainage Project No. 2008-D-3 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2008-268 - Approving Bid Award for Handicap Ramp Project No. 2008-2 Tuesday, September 23, 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 23, 2008 Subject: Approving Bid Award for Handicap Ramp Project No. 2008-2 Item #’s: G-16 Presenter(s): Steven P. Riehle, Public Works Director Background On September 5, 2008 the Engineering Division of the Public Works Department advertised for bids for the construction of handicap ramps along the following streets: · 1st Street from Walnut Street to Cedar Street · 2nd Street from Walnut Street to Cleburn Street · 3rd Street from Walnut Street to Eddy Street The ramps are required in conjunction with street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Discussion Two (2) bids were received and opened on September 15, 2008. The Engineering Division of the Public Works Department and the Purchasing Division of the City's Attorney's Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Galvan Construction Inc. of Grand Island, NE None $98,787.60 The Diamond Engineering Co. of Grand Island, NE None $118,221.06 The estimate of $71,616.67 for this project was miscalculated and upon review should have been $99,053.19. The error in the estimate was on Item No. 8 - Place 4" Walk ($8,710.0 s.f. x 3.50 = $30,485.00). The decimal place was inadvertenly moved over one digit representing the figure as $3,048.50. Funds are available in Account No. 10033503-85318. 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 bid award to Galvan Construction Inc. of Grand Island, Nebraska in the amount of $98,787.60. 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 15, 2008 at 11:00 a.m. FOR: Handicap Ramp Project No. 2008-2 DEPARTMENT: Public Works ESTIMATE: $71,616.67 FUND/ACCOUNT: 10033503-85318 PUBLICATION DATE: September 5, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: The Diamond Engineering Co. Galvan Construction Grand Island Grand Island NE Bid Security: Universal Surety Company AMCO Insurance Company Exceptions: None None Bid Price: $118,221.06 $98,787.56 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1281 Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-268 WHEREAS, the City of Grand Island invited sealed bids for Handicap Ramp Project Number 2008-2, according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 15, 2008 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $98,787.60; and WHEREAS, Galvan Construction Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction Inc. of Grand Island, Nebraska in the amount of $98,787.60 for Handicap Ramp Project No. 2008-2 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2008-269 - Approving Contract for Medical Services Director for the EMS Division of the Fire Department Tuesday, September 23, 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 23, 2008 Subject: Medical Services Director for the EMS Division of the Fire Department Item #’s: G-17 Presenter(s): Jim Rowell, Fire Chief Background The City of Grand Island, in an effort to comply with State law and to provide a means to continually monitor, evaluate, and insure a high quality service has requested proposals for a medically supervised program that includes a medical director. The medical director will work with all fire department personnel and coordinate with the EMS Division Chief. Discussion The contract will cover the period beginning October 1, 2008 through September 30, 2013. The contract provides for $13,439.00 for the first year with a three-percent increase each year for the duration of the contract. Continuation of the contract would depend on adequate budget funding and spending authority. Either party may terminate the contract after giving written notice ninety days prior to termination. This contract is with the Physician Network of Lincoln, Nebraska. The Medical Director will be Doctor Michael J. McGahan, who has already established a good working relationship with the department personnel and the medical community. The Physician Network is the organization that provides emergency room physician for Saint Francis Medical Center. The contract will provide a greater level of quality assurance and allow for continuity between the provision of emergency care and the management of the system. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contract. Sample Motion Move to approve the medical services director contract with Physician Network of Lincoln, Nebraska in the amount of $13,439.00 for the first year with a three-percent increase each year for the duration of the contract. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR MEDICAL SERVICES DIRECTOR RFP DUE DATE: September 10, 2008 at 4:00 p.m. DEPARTMENT: Fire PUBLICATION DATE: August 21, 2008 NO. POTENTIAL BIDDERS: 1 SUMMARY OF PROPOSALS RECEIVED The Physician Network Lincoln, 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 P1276 MEDICAL DIRECTOR CONTRACT THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of ________________, 2008, by and between THE PHYSICIAN NETWORK, A Nebraska nonprofit corporation, (“Network”) and THE CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation (“Client”). 1. SERVICES. Network agrees to perform for Client the medical director services listed in the Duties and Responsibilities as set forth in Exhibit A attached hereto and approved by both Client and Network. Such services are hereafter referred to as “services”. Client agrees that Network shall have ready access to Client’s staff and resources as necessary to perform the Network’s services provided for by this contract. 2. RATE OF PAYMENT FOR SERVICES. Client agrees to pay Network for medical director services in the amount of Thirteen Thousand Four Hundred Thirty-Nine Dollars ($13,439.00) for the first year of service. It is agreed that three percent (3%) increase in the fee will be allowed for each subsequent year of the contract as set forth in the fee schedule attached hereto and incorporated herein by reference. 3. CONFIDENTIAL INFORMATION. Each party shall hold in trust for the other party and shall not disclose to any nonparty to the agreement any confidential information of such other party. Confidential information is information which, relates to such other party’s quality assurance program. Network further acknowledges that during the performance of this contract, Network may learn about or receive confidential Client information and Network hereby confirms that all such information relating to the Client will be kept confidential by the Network except to the extent that such information is required to be divulged to the Network’s clerical or support staff of associates in order to enable Network to perform Network’s contract obligations. 4. TERM. This agreement shall be effective October 1, 2008 and shall terminate on September 30, 2013. 5. TERMINATION OF AGREEMENT. Network’s services hereunder can be terminated or cancelled prior to completion of the term of this agreement upon either party providing the other within ninety (90) days written notice. In the event of termination all fees shall be prorated to the actual time served as the Network. 6. APPLICABLE LAW. This agreement shall be construed in accordance with the laws of the State of Nebraska. IN WITNESS WHEREOF the parties have signed and agreed to this “Agreement” as of the day and year first written above. CITY OF GRAND ISLAND, NEBRASKA ATTEST: A Municipal Corporation, Client City Clerk Margaret Hornady, Mayor THE PHYSICIAN NETWORK A Nebraska nonprofit corporation, Network Robert J Lanik, President This contract is in due form according to law and is hereby approved. City Attorney Date EXHIBIT A The responsibility of the Network will include, but not be limited to, the following medical director services: · Chart reviews on a continual basis · Incident and review investigation · Statistical review · Review NARSIS form and paramedic runs · Protocol committee meetings and annual review of protocols The medical director will oversee all aspects of the paramedical operation. All paramedics will operate under his/her license and, therefore, must function under protocols developed and approved by the medical director. The responsibility of the nurse assigned by St. Francis Medical Center will include: · Daily run reviews on a random selection · Database building within the hospital new MSN system · Education · Chart and NARSIS review · Work with medical director, EMS Division Chief, and protocol committee · Implement charting guide with medical director/EMS Division chief input · Assist in proficiency assessment with medical director Part of the quality assurance program will be an EMS protocol committee staffed by the medical director and QA nurse. This committee will be made up of physicians, paramedics, and nursing representatives who will meet to review and change paramedic protocols as needed and minimally on an annual basis. Persons interested in EMS will be asked to serve and will be presented to the executive committee for confirmation. This will allow medical staff input into the community EMS operation. It will be the responsibility of the Grand Island Fire Department to assure and keep documentation on file to verify all personnel meet state required mandates. This includes certification records, continuing education documents and any other records required by the state. The notice could be waived if both parties agree. FEE SCHEDULE Year 1 – October 2008 – September 2009 $13,439.00 Year 2 – October 2009 – September 2010 $13,842.00 Year 3 – October 2010 – September 2011 $14,257.00 Year 4 – October 2011 – September 2012 $14,685.00 Year 5 – October 2012 – September 2013 $15,126.00 Two equal installments payable in January and September, upon receipt of Network’s notice request for payment. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-269 WHEREAS, state law requires a Medical Services Director to supervise emergency medical services programs; and WHEREAS, The Physician Network provides emergency room physicians to Saint Francis Medical Center and has contracted with the City in the past to meet this requirement; and WHEREAS, the existing contract is scheduled to expire; and WHEREAS, The Physician Network was the only one to submit a proposal; and WHEREAS, it is recommended that a new contract be entered into with The Physician Network to provide medical director services as required by state law for the period of October 1, 2008 through September 30, 2013, at a cost of $13,439.00 for the first year of service and a 3% increase allowed each subsequent year of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Medical Services Director contract by and between the City and The Physicians Network is hereby approved for the period of October 1, 2008 through September 30, 2013; and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2008-270 - Approving Transfer of Funds from Business Improvement District No. 3 to Business Improvement District No. 7 Tuesday, September 23, 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 23, 2008 Subject: Approving the Transfer of Funds from Business Improvement District No. 3 to Business Improvement District No. 7 Item #’s: G-18 Presenter(s): Dave Springer, Finance Director Background Fiscal 2008 is the final year of the life for Business Improvement District (BID) No. 3, South Locust from Stolley Park Road to Highway 34. Council on August 26, 2008, by Ordinance No. 9189, created BID No. 7 with a five year life, to replace the defunct BID No. 3. At the time the 2008 budget was approved last year, there were a number of delinquent assessments due BID No. 3 for which the City Attorney was seeking collection. Most of these have subsequently been collected, leaving a cash balance at this time higher than anticipated. All known encumbrances and liabilities for BID No. 3 will have been provided for before this fiscal year is closed, leaving a cash balance of $8,500 - $9,000. Discussion The old BID No. 3 Fund needs to be closed out and any cash balance dispositioned by Council. The new district has the same boundaries as the old one, and while these monies will not be available to the old district, they could be moved to the new BID No. 7 for its use, if council so chooses. The alternative would be to refund the remaining BID No. 3 monies back to the district. This would be costly to effect, as each owner would need to be set up as a payable account. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the transfer of the remaining cash balance of BID No. 3 to its’ new counterpart, BID No. 7. 2. Disperse the funds back to the District. 3. Modify the Resolution to meet the wishes of the Council. Recommendation City Administration recommends that the Council approve the transfer of funds from the old to the new BID. Sample Motion Move to approve the transfer of remaining funds as of September 30, 2008, from BID No. 3 to BID No. 7. Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-270 WHEREAS, Business Improvement District No.3 was created in March, 1999, by Ordinance No. 8452; and WHEREAS, such district was created for the purpose of making improvements to the district area; and WHEREAS, Business Improvement District No. 3 will expire at the end of the 2007-2008 budget year; and WHEREAS, all improvements associated with such district have been completed; and WHEREAS, it is anticipated that as of September 30, 2008, a balance of approximately $9,000 will be remaining from Business Improvement District No. 3 operations; and WHEREAS, it is recommended that such balance be transferred to Business Improvement District No. 7, which encompasses the same general area as Business Improvement District No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that all funds remaining in Business Improvement District No. 3 as of September 30, 2008, and any future payments received from Business Improvement District No. 3 assessments shall be transferred to Business Improvement District No. 7. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2008-271 - Approving Transfer of Funds from Business Improvement District No. 5 to Business Improvement District No. 8 Tuesday, September 23, 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 23, 2008 Subject: Approving the Transfer of Funds from Business Improvement District No. 5 to Business Improvement District No. 8 Item #’s: G-19 Presenter(s): Dave Springer, Finance Director Background Fiscal 2007-2008 is the final year of the life of the Business Improvement District (BID) No. 5, Downtown. Council on August 26, 2008, by Ordinance No. 9189, created BID No. 8 with a five year life, to replace the defunct BID No. 5. At the time the 2008 budget was approved last year, there were a number of delinquent assessments due BID No. 5 for which the City Attorney was seeking collection. Most of these have subsequently been collected, leaving a cash balance at this time higher than anticipated. All known encumbrances and liabilities for BID No. 5 will have been provided for before this fiscal year is closed, leaving a cash balance of $7,000 - $7,500. Discussion The old BID No. 5 Fund needs to be closed out and any cash balance dispositioned by Council. The new downtown district has substantially similar boundaries to the old one, and while these monies will not be available to the old district, they could be moved to the new BID No. 8 for it’s use, if council so chooses. The alternative would be to refund the remaining BID No. 5 monies back to the district. This would be costly to effect, as each would need to be set up as a payable account. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the transfer of the cash balance and future collections of BID No. 5 to its’ new counterpart, BID No. 8. 2. Disperse the funds back to the District. 3. Modify the Resolution to meet the wishes of the Council. Recommendation City Administration recommends that the Council approve the transfer of funds from the old to the new BID. Sample Motion Move to approve the transfer of remaining funds as of September 30, 2008 from BID No. 5 to BID No. 8. Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-271 WHEREAS, Business Improvement District No. 5 was created in May, 2003, by Ordinance No. 8812; and WHEREAS, such district was created for the purpose of making improvements to the downtown area; and WHEREAS, Business Improvement District No. 5 will expire at the end of the 2007-2008 budget year; and WHEREAS, all improvements associated with such district have been completed; and WHEREAS, it is anticipated that as of September 30, 2008, a balance of approximately $7,500 will be remaining from Business Improvement District No. 5 operations; and WHEREAS, it is recommended that such balance be transferred to Business Improvement District No. 8, which encompasses the same general area as Business Improvement District No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that all funds remaining in Business Improvement District No. 5 as of September 30, 2008, and any future payments received from Business Improvement District No. 5 assessments shall be transferred to Business Improvement District No. 8. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2008-272 - Approving 2008 Victim’s Of Crime Act (VOCA) Grant Award Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Peter Kortum, Police Department Meeting: September 23, 2008 Subject: 2008 VOCA Grant Award Item #’s: G-20 Presenter(s): Steve Lamken, Chief of Police Background The Grand Island Police Department has been awarded a 2008 Victim’s Of Crime Act (VOCA) Grant in the amount of $27,907 from the Nebraska Commission on Law Enforcement and Criminal Justice. The city and county share the match (cash and in- kind) for this grant in the amount of $6,977, which the city share of the cash amount was an expense approved in the 2008-2009 FY Budget. The program period for this grant is from 10-1-08 through 9-30-09. Discussion A requirement for acceptance of the grant is that the grant award be signed by the Mayor and the special conditions page be agreed to and signed by the Mayor. The Grand Island Police Department is requesting that the listed grant award be signed for acceptance of the award. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the award and accept the VOCA grant funds. 2. Send to committee for further discussion. 3. Table for more discussion. 4. Take no action. Recommendation City Administration recommends that the Council approve the award and accept the 2008 VOCA grant funding in the amount of $27,907. Sample Motion Move to approve the award and accept the 2008 VOCA grant funding. Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney R E S O L U T I O N 2008-272 WHEREAS, the Police Department of the City of Grand Island received notification that it will receive a 2008 Victim’s of Crime Act (VOCA) grant in the amount of $27,907.00 from the Nebraska Commission on Law Enforcement and Criminal Justice; and WHEREAS, in acceptance of the grant, the City of Grand Island and Hall County share the match for this grant in the amount of $6,977.00; and WHEREAS, the City’s match of this grant in the amount of $6,977.00 has been approved for the 2008-2009 fiscal year; and WHEREAS, the amount awarded is to be used by the Grand Island Police Department in accordance with criteria established by the grant program; and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in acceptance of the same. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the Police Department of the City of Grand Island in the amount of $27,907.00 through the Nebraska Commission on Law Enforcement and Criminal Justice is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Viaero Wireless for Conditional Use Permit for Wireless Telecommunication Tower Located in the 600 Block on Stuhr Road, North of Bismark Road This item relates to the aforementioned Public Hearing Item E-2. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from USCOC Nebraska/Kansas LLC for Conditional Use Permit for Construction of a 150’ Communication Tower and Equipment Shelter Located North of Bismark Road and West of 2nd Road in Merrick County within the Two Mile Zoning Juris This item relates to the aforementioned Public Hearing Item E-3. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2008-273 - Consideration of Request from Balz Banquet & Reception Hall, Inc. dba Balz Banquet & Reception Hall, 213 North Sycamore Street for a Class “C” Liquor License and Liquor Manager Designation for James K. Jeffries, 40 Kuester Lake This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-273 WHEREAS, an application was filed by Balz Banquet & Reception Hall, Inc. doing business as Balz Banquet & Reception Hall, 213 North Sycamore Street 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 September 13, 2008; such publication cost being $15.34; and WHEREAS, a public hearing was held on September 23, 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: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval of James K. Jeffries, 40 Kuester Lake 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 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-274 - Consideration of Intent to Annex Property Located at 908 East Capital Avenue, North of Capital Avenue East of St. Paul Road Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: September 23, 2008 Subject: Annexation of Property Located in the SW ¼ Section 3, Township 11, and Range 9 known as 908 East Capital Avenue Item #’s: I-2 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located in the SW1/4, Section 3, Township 11, Range 9, known as 908 East Capital Avenue. City sewer and water are available Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the schedule set out when this matter was referred to the Regional Planning Commission for recommendation. The second action in this process for Council is to pass a resolution stating their intent to annex, approve an annexation plan and set public hearing for comment on the annexation request before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for October 28, 2008. 2. Choose not to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for October 28, 2008. 3. Modify the resolution of intent to annex, the attached annexation plan, and/or the public hearing date. 4. Table the issue Recommendation At the September 3rd Meeting of the Hall County Regional Pla nning Commission a public hearing was held to take comment on this request for annexation and no members of the public presented testimony. A motion was made by Ruge to approve the annexation request and seconded by Miller. A roll call vote was taken and the motion passed with 10 members present (Miller, O’Neill, Ruge, Reynolds, Hayes, Eriksen, Monter, Haskins, Bredthauer, Snodgrass) all voting in favor. City staff also recommends that the Council approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for October 28, 2008. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation requests for October 28, 2008. ANNEXATION PLAN –August 2008 August 21, 2008 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. 9. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 10. Provide long term visioning abilities as it relates to growth and provision of services. Other Factors Annexation of adjacent properties can also be considered upon the request of the owner(s) of the property. Bernard H. Borer Jr. of 908 E Capital Avenue has requested that the City annex their property and allow him to connect to city sewer. A comprehe nsive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. Capital Avenue Property This property is located in the northeast area of the community and is north of Capital Avenue the west of the Ord Line and east of the St. Paul Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Hand ling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 89.75 employees. The Police Department is staffed at a rate of 1.72 officers per one thousand population. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #2 located on Broadwell Street, approximately 2.25 miles from the nearest part of the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area through existing sewer lines. No city costs would be anticipated. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing Capital Avenue is already maintained by the City of Grand Island 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. Water service to this area is available. 8. Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available Roads and Streets No Impact Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District Already Grand Island District Financial Impacts of Capital Avenue Property Annexation Financial Impact Before Annex After Annex Property Valuation $83,479 $83,479 City sales tax now applicable Yes Assume $83,479 Property 2007 Tax Levy Before Annex Tax Levy After Annex City Levy 0.000000 $0.00 0.165929 $138.52 City Bond 0.000000 $0.00 0.072390 $60.43 CRA 0.000000 $0.00 0.022566 $18.84 Hall County 0.422886 $353.02 0.422886 $353.02 Rural Fire 0.056960 $47.55 $0.00 Fire Bond* 0.012084 $10.09 0.012084 $10.09 GIPS School 1.072750 $895.52 1.072750 $895.52 2nd Bond 0.082712 $69.05 0.082712 $69.05 3rd Bond 0.016432 $13.72 0.016432 $13.72 4th Bond 0.038331 $32.00 0.038331 $32.00 ESU 10 0.015000 $12.52 0.015000 $12.52 CCC 0.080161 $66.92 0.080161 $66.92 CPNRD 0.058764 $49.06 0.058764 $49.06 Ag Society 0.004643 $3.88 0.004643 $3.88 Airport 0.013172 $11.00 0.013172 $11.00 Airport Bond 0.008792 $7.34 0.008792 $7.34 Total Combined 1.882687 $1,571.65 2.086612 $1,741.88 *previously approved bond will remain with property until paid off R E S O L U T I O N 2008-274 WHEREAS, the City of Grand Island, in accordance with Neb. Rev. Stat. §16-117, et seq., is considering the annexation of the land and a plan for extending city services to the adjacent and contiguous land which is urban or suburban in character and legally described as follows: Beginning at a point 843.8 feet East of the Southwest Corner of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; running thence North on a line parallel with the Section line 516 feet; thence East on a line parallel with the Section line 421.4 feet; thence South parallel with the Section line 516 feet to the South line of said Section; thence West along said Section line 421.4 feet to the place of beginning. AND Commencing at a point 452.8 feet West of the center of the Omaha and Republican Valley Railroad now known as the Ord Branch of the Union Pacific Railroad Company, and the Northeast Corner of the North Twelve (12) acres, more of less of the South Thirty Two (32) acres of that part of the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range Nine (9), West of the 6th P.M., and lying West of said Railroad; thence running in a Southerly direction 312.5 feet; thence in a Westerly direction 697.0 feet; thence in a Northerly direction 312.5 feet; thence in an Easterly direction 697.0 feet to the place of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a plan outlining the city services available to the above-described land and showing or including: (a) the estimated cost impact of providing the services to such land, (b) the method by which the city is financing the extension of services to the land and how services already provided will be maintained, (c) a map drawn to scale clearly delineating the land proposed for annexation, (d) a map showing the current boundaries of the city, (e) a map showing the proposed boundaries of the City after the annexation, and (f) a map showing the general land-use pattern in the land proposed for annexation is hereby adopted and approved and shall be available for inspection during regular business hours in the office of the City Clerk. BE IT FURTHER RESOLVED, that a public hearing before the Mayor and City Council on the proposed annexation shall be held at 7:00 p.m. on October 28, 2008, or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, to receive testimony from interested persons. Approved as to Form ¤ ___________ September 19, 2008 ¤ City Attorney BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to publish in the Grand Island Independent at least once, not less than ten days preceding the date of the public hearing, a copy of this Resolution and a map drawn to scale delineating the land proposed for annexation. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to send by first-class mail, a copy of the resolution providing for the public hearing to the school boards of the school districts including the lands proposed for annexation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _____________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2008-275 - Consideration of Approving Funding of Economic Development Request Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: Marlan Ferguson - EDC President City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: September 23, 2008 Subject: Approving Economic Development Funding Request Item #’s: I-3 Presenter(s): Dave Springer, Finance Director Background On July 22, 2003, the City Council approved Ordinance No.8830 adopting an Economic Development Program for the City of Grand Island in conformance with Neb. Rev. Stat. 18-2710. This provides for annual funding of $750,000 by the City. Discussion A request has been received from the Grand Island Area Economic Development Corporation, duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be used for operating expenses, community publicity, and promotion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for funds. 2. Disapprove or Deny the request for funds. 3. Modify the Resolution to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area Economic Development Corporation. Approved as to Form ¤ ___________ September 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-275 WHEREAS, on July 22, 2003, by Ordinance No. 8830, the Grand Island City Council approved and adopted an Economic Development Program for the City of Grand Island prepared in conformity with Neb. Rev. Statute No. 18-2710; and WHEREAS, such program was amended on August 12, 2003, by Ordinance No. 8832; and WHEREAS, the program provides for $750,000 in annual funding to be provided by the City of Grand Island; and WHEREAS, a request has been made by the Grand Island Area Economic Development Corporation and the Economic Development Program’s Citizens Review Committee for the payment of $350,000 to be used for operating expenses, community publicity and promotion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City funding to the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 10, 2008 through September 23, 2008 The Claims for the period of September 10, 2008 through September 23, 2008 for a total amount of $4,179,068.39. A MOTION is in order. Tuesday, September 23, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council