11-18-2008 City Council Regular Meeting PacketCity of Grand Island
Tuesday, November 18, 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
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Proclamation "American Education Week" November 16-22, 2008
Public schools are the backbone of our democracy, equipping young Americans with both
practical skills and broader intellectual abilities for hope of a productive future. Education
employees work tirelessly to serve our children and communities with care and
professionalism. The Mayor has proclaimed November 16-22, 2008 as "American Education
Week" and encourages citizens to observe this week by supporting our public schools, its
young people and education employees. See attached PROCLAMATION.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item C2
Proclamation "Employer Support for the Guard and Reserves"
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item D1
Consideration of Determining Benefits for Sanitary Sewer District
523; Lots 1-8 & Lots 22-31 of Westwood Park 2nd Subdivision and
Sanitary Sewer District 525; Lot 8 & 9 of Westwood Park
Subdivision
Tuesday, November 18, 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: November 18, 2008
Subject: Consideration of Determining Benefits for Sanitary
Sewer District 523; Lots 1-8 & Lots 22-31 of Westwood
Park 2nd Subdivision and Sanitary Sewer District 525;
Lot 8 & 9 of Westwood Park Subdivision
Item #’s: D-1 & F-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Comp letion for Sanitary Sewer Districts 523/525 was approved
on October 14, 2008 with November 18, 2008 set as the date for Council to sit as the
Board of Equalization. All work has been completed and special assessments have been
calculated for the Districts.
Discussion
The contract for Sanitary Sewer Districts 523/525 was awarded to The Diamond
Engineering Company of Grand Island, Nebraska on August 14, 2007. Work on the
project was completed at a construction price of $295,637.85. Total cost of the project is
$328,228.95. Costs for the project break down as follows:
Original Bid $292,970.62
Overruns $ 2,667.23
SUBTOTAL (Construction Price) $295,637.85
Other Costs (See Completion Certificate) $ 32,591.10
TOTAL COST $328,228.95
The estimated assessment per lot at the time Districts 523/525 were created was
$16,845.81. The final assessment per lot is $16,321.45.
The assessed cost between the districts and the cities costs break down as follows:
Total Assessed to District 523 $293,786.10
Total Assessed to District 525 $ 32,642.85
City Costs for Landscape Repairs $ 1,800.00
TOTAL COST $328,228.95
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
Public Works Administration recommends that the Council sit as the Board of
Equalization to determine benefits and pass an Ordinance to levy Special Assessments to
individual properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution determining benefits for Sanitary Sewer Districts
523/525.
(Sample Motion for the Ordinance)
Move to approve the Ordinance levying the assessments for Sanitary Sewer Districts
523/525.
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-BE-7
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District 523 and Sanitary Sewer
District 525, after due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district 523 to be the total sum of
$293,786.10 and such district 525 to be the total sum of $32,642.85; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate within such
Sanitary Sewer District No. 523 and 525, such benefits are the sums set opposite the several descriptions as
follows:
Name Description Assessment
Sanitary Sewer District No. 523
Lyle E & Dorothy L Juett Lot 1, Westwood Park Second Subdivision $16,321.45
William D & Sandra K Blender Lot 2, Westwood Park Second Subdivision $16,321.45
James R & Judy M Almquist Lot 3, Westwood Park Second Subdivision $16,321.45
Samuel R & Nancy A Reynolds Lot 4, Westwood Park Second Subdivision $16,321.45
Sherilyn Joy Topinka Lot 5, Westwood Park Second Subdivision $16,321.45
James H & Melinda J Powers Lot 6, Westwood Park Second Subdivision $16,321.45
John W & Beatrice L Gjertsen Lot 7, Westwood Park Second Subdivision $16,321.45
James L & Bonnie M Hartman Lot 8, Westwood Park Second Subdivision $16,321.45
Gary L & Jeri L Thiede Lot 22, Westwood Park Second Subdivision $16,321.45
Mark D & Michquel Bonser Lot 23, Westwood Park Second Subdivision $16,321.45
Troy D & Chris Anne Shubert Lot 24, Westwood Park Second Subdivision $16,321.45
Dennis A & Kimberly J Jay Lot 25, Westwood Park Second Subdivision $16,321.45
David J & Janice K Sperling Lot 26, Westwood Park Second Subdivision $16,321.45
Gabor & Diana Bodonyi-Kovacs Lot 27, Westwood Park Second Subdivision $16,321.45
Wayne V & Laurie A Gress Lot 28, Westwood Park Second Subdivision $16,321.45
Barbara A Williby (Trustee) Lot 30, Westwood Park Second Subdivision $16,321.45
Lonnie D & Jessica J Musil Lot 31, Westwood Park Second Subdivision $16,321.45
Sanitary Sewer District No. 525
Toby S & Stephanie Mohler Lot 8, Westwood Park Subdivision $16,321.42
Richard L & JoAnn A Sok Lot 9, Westwood Park Subdivision $16,321.43
TOTAL $326,428.95
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Request from Mick Brown for Conditional Use
Permit for Temporary Parking Lot Located at 4811 Gold Core
Drive
Tuesday, November 18, 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: November 18, 2008
Subject: Request of Joseph & Lori Brown for Approval of a
Conditional Use Permit for a Temporary Parking Lot at
4811 Gold Core Drive, Grand Island, NE
Item #’s: E-1 & H-1
Presenter(s): Craig Lewis , Building Department Director
Background
This is a request to allow for a one year approval of a temporary parking lot at 4811 Gold
Core Drive. This request is to facilitate parking for busses used in the operation of
contracts with the public school system and charter busses for Holiday Tour and Travel.
The proposal is for a one year period with permanent buildings and improvements
planned for construction within the next year. The property is currently zoned ME,
Industrial Estates Zone, that zoning classification allows as a permitted principal use
motor freight terminals, the operation of a bus garage including maintenance, storage,
and office operations would be an allowable use as it is a similar use. Approval of a
conditional use permit is required as the applicant wishes to install as a temporary surface
crushed concrete as opposed to hard surfaced materials required by the City Code for
parking lots. The City Code does provide for City Council approval of temporary uses,
not to exceed two years in undeveloped areas and six months in developed areas.
Discussion
The placement of crushed concrete for a surface as opposed to a permanent hard surface
of asphalt or concrete would be allowed by code only as a temporary use approved by the
City Council.
Two conditions suggested to be placed upon this request are;
1). A landscape buffer of 50’ along the west boundary adjacent to Gold
Core Drive needs to be provided to comply with the setback and landscape requirements
of the Cit y code.
2). The responsibility of controlling any dust created from the
temporary parking lot needs to be addressed by the applicant during any dry months
throughout the duration of the use.
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 proposal will
not be detrimental to public health, safety, or the general welfare of the
community.
2. Disapprove or /Deny the request, finding that the proposal does not conform
to the purpose of the zoning regulations.
3. Modify the request to meet the wishes of the Council.
4. Refer the matter to a special committee for a determination of a finding of
fact.
5. Table the issue
Recommendation
City Staff recommends that the Council approve the request with the conditions
identified, finding that the request does promote health, safety, and the 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 identified 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 E2
Public Hearing on Redevelopment Plan for the CRA Area #2 for
Property Located at 2623, 2707 and 2709 South Locust Street
Tuesday, November 18, 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: November 18, 2008
Subject: Amendment to Redevelopment Plan for CRA Area #2
Item #’s: E-2 & G-13
Presenter(s): Chad Nabity, AICP CRA Director
Background
In October of 1999, the Grand Island City Council declared property referred to as CRA
Area #2 as blighted and substandard and approved a generalized redevelopment plan for
the property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for improvements to and expansion of existing infrastructure including
but not limited to: streets, water, sewer, drainage. TIF can also be used for the acquisition
of property, redevelopment of property, site preparation, landscaping and parking.
South Pointe Development LLC (the developer) has submitted a proposed amendment to
the redevelopment plan that would provide for the construction of an 80+ room hotel at
2709 S. Locust (east side of Locust Street at the intersection Stage Coach). This would
most likely be a Best Western Stoneridge facility.
The CRA reviewed the proposed development plan and forwarded it to the Hall County
Regional Planning Commission for recommendation at their meeting on October 14th. It
is expected that they will, after having received a recommendation from the RPC,
approve and recommend Council the plan amendment and forward it to Council for
review, approval and authorization to negotiate a contract for TIF during their meeting on
the 17th of November.
The Hall County Regional Planning Commission held a public hearing on the plan
ame ndment at a meeting on November 5th. The Planning Commission approved
Resolution 2009-01 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment and to enter into the record a copy of the plan amendment, the draft TIF
contract under consideration by the CRA, and a copy of the cost benefit analysis that was
performed regarding this proposed project.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented along with the amended redevelopment plan for CRA Area #2 and authorizes
the CRA to execute a contract for TIF based on the plan amendment. The redevelopment
plan for amendment permits the development of a hotel at this site and the use of Tax
Increment Financing to pay for the cost of acquisition of the property, demolition and site
preparation, reconstruction of a new building, a hike/bike trail on or adjacent to the
property, parking and landscaping. The cost benefit analysis as attached finds that this
project meets the statutory requirements for as eligible TIF project and that it will not
negatively impact existing services within the community or shift additional costs onto
the current residents of Grand Island and the impacted school districts. The total tax
increment financing allowed for this project may not exceed $1,564,409 during this 15
year period. Additional revenues from sales tax, occupation taxes and personal property
taxes should become available due to this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
COMMUNITY REDEVELOPMENT AUTHORITY
CITY OF GRAND ISLAND, NEBRASKA
AREA #2
SOUTH POINTE DEVELOPMENT LLC PROJECT
OCTOBER 2008
COST-BENEFIT ANALYSIS
(Pursuant to Neb. Rev. Stat Section 18-2113)
The cost-benefit analysis for the above referenced project, as described on the attached
Exhibit A which will utilize funds authorized by Neb. Rev. Stat. Section 18-2147, can be
summarized as follows:
South Pointe Development LLC is requesting tax increment financing to assist with the
construction and redevelopment of hotel at 2709 South Locust Street. The project will
result in the construction of an 80+ room Motel (Best Western Stoneridge proposed).
This project renews the commercial use of this property. The property is currently
vacant. It is zoned for commercial use. The Star Motel and a bar/restaurant were located
on this property for many years. The proposed use is consistent with the current zoning
of the property.
The estimated project costs are $5,330,000 including the cost of acquisition of the
property, necessary site improvements and utilities and construction of the new building.
The amount of tax increment financing the project will generate over a 15 year period at
the current tax levy rate is 2.074528 is $1,564,409.
A. Tax shifts resulting from the approval of the use of funds pursuant to Section 18-
2147:
a. Redevelopment Project Valuation $302,642
b. Projected Completed Project Assessed Valuation $5,330,000
c. Projected Tax Increment Base (b. minus a.) $5,027,358
d. City Tax Levy (2008)
e. County Tax Levy (2008)
f. School District Tax Levy (2008)
g. Community College Tax Levy (2008)
h. Educational Service Unit Tax Levy (2008)
i. Natural Resource District Tax Levy (2008)
j. Other applicable real estate tax levies (2008)
k. Total levy $2.074528
l. Annual Projected Tax Shift (Max of 15 years) $104,294
m. Total Projected Tax Shift $1,564,409
Note: The property tax shift is based on assumed values and levy rates; actual
amounts and rates will vary from these assumptions, and it is understood that the
actual tax shift may vary materially from the projected amount.
As part of this project the developer will be working with the City of Grand Island
Public Works Department to move a sewer main that crosses the property. A
water line will have to be extended across Locust Street to serve the proposed
development. A number of easements will have to be vacated. The developer
will provide a 10’ wide hike bike trail across the property connecting South
Locust with a proposed trail to the east of the property. These improvements will
be made at the expense of the developer and will Tax Increment Financing will be
necessary to pay for them.
B. Public infrastructure and community public service impacts and local tax impacts
arising from the approval of the redevelopment project.
Necessary Public Infrastructure Improvements:
· Extension of water line with fire hydrants
· Relocation of sewer main that crosses the site
· Construction of hike\bike trail crossing the site
· Relocation of electrical power lines from overhead to underground
These improvements will be made at the developer’s expense to be covered by
TIF. Utilities are available to this location. No utility improvements on the site
will be completed at rate payer or tax payer expense.
No street improvements are anticipated. South Locust is a major arterial 5 lane
roadway. It is built to handle traffic that could be generated by this use.
There will not be an impact on neighborhood schools. Hotels tend to generate
temporary residents that do not impact the school system.
Sales tax revenue and lodging tax revenue will be generated from the
improvements to the property. The developers are anticipating $1.5 million
dollars of annual room rental fees this would generate $22,500 in sales taxes for
the City. Based on the same figures lodging tax fees would be each $30,000
annually for Visitor Improvement Bonds (Heartland Events Center), Promotion
(Funding the CVB), and City Occupation Tax.
It is estimated that this facility would have $200,000 of personal property that
would generate $4150.00 in property taxes.
All utilities are city utilities, including electrical, sewer, and water. Gas is
provided through Northwestern Energy.
C. Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project
The property is currently vacant and no jobs will be displaced by this
development within the redevelopment area.
NEW JOBS
The hotel will generate approximately 25 new jobs in the community. It is
estimated that 8 full time and 17 part time employees will be needed to staff the
facility.
D. Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project
The proposed project will add 80+ hotel rooms in town and will increase the
competition to rent rooms. At times there are no rooms available in town so these
can be absorbed. Additional employees will be needed to fill the positions created
by this project. The unemployment rate in Hall County is 2.9%1. Competition for
employees may cause some wage pressure in other businesses. Given the number
of jobs expected with this project the impact should be minimal within the overall
economy of the City Of Grand Island.
E. Any other impacts determined by the authority to be relevant to the consideration
of costs and benefits arising from the redevelopment project
In addition to the other tax revenue generated directly by this facility the Hall
County/Grand Island CVB estimates that visitors who stay in hotel rooms spend a
total of $420 for their stay during a two night stay (including the cost of lodging).
1 Nebraska Workforce Development August 2008
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REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the ___ day of ________,
2008, by and between the Community Redevelopment Authority of the City of Grand Island,
Nebraska (“Authority”) and South Pointe Development L.L.C. (“Redeveloper”), whether one or
more.
WITNESSETH:
WHEREAS, Authority is a duly organized and existing community redevelopment
authority, a body politic and corporate under the law of the State of Nebraska, with lawful power
and authority to enter into this Redevelopment Contract, acting by and through its Chair or Vice
Chair and Members;
WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes
and pursuant to the provisions of Section 2 of Article VIII of the Nebraska Constitution and
Sections 18-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 1999, as amended
(collectively the “Act”), has adopted a Redevelopment Plan for a blighted and substandard area
designated by the City; and
WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract
for acquisition and redevelopment of the redevelopment area;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind
themselves as follows:
ARTICLE I
DEFINITIONS AND INTREPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable
to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms
defined:
“Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 1943, as amended, and acts amendatory
thereof and supplemental thereto.
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“City” means the City of Grand Island, Nebraska.
“Completion” means substantial completion of the Project as described on the attached
Exhibit B.
“Governing Body” means the Mayor and City Council of the City, of Grand Island,
Nebraska.
“Premises” or “Redevelopment Area” means all that certain real property situated in the
City of Grand Island, Hall County, Nebraska, more particularly described as Exhibit A attached
hereto and incorporated herein by this reference.
“Project” means the improvements to the Premises, as further described in Exhibit B
attached hereto and incorporated herein by reference.
“Project Costs” means only costs or expenses incurred by Redeveloper to acquire, construct
and equip the Project pursuant to the Act as identified on Exhibit C.
“Redevelopment Contract” means this redevelopment contract between Authority and
Redeveloper dated _____________________, 2008, with respect to the Project.
“Redevelopment Plan” means the Redevelopment Plan for Area No. 2, prepared by the
Authority and approved by the City pursuant to the Act, as amended from time to time.
“Resolution” means the Resolution of the Authority dated ____________________, 2008,
as supplemented from time to time, approving this Redevelopment Contract.
“TIF” Revenues” means incremental ad valorem taxes generated by the Project which are
allocated to and paid to the Authority pursuant to the Act.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations by Authority.
Authority makes the following representations and findings;
(a) Authority is a duly organized and validly existing community redevelopment
authority under the Act.
(b) The Redevelopment Plan has been duly approved and adopted by the City pursuant
to Section 18-2116 and 18-2117 of the Act.
(c) The Authority deems it to be in the public interest and in furtherance of the purposes
of the Act to accept the proposal submitted by Redeveloper as specified herein.
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(d) The Redevelopment Project will achieve the public purposes of the Act by, among
other things, increasing employment, improving public infrastructure, increasing the tax base, and
lessening conditions of blight and substandard in the Redevelopment Area.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a) The Redeveloper is a Nebraska Limited Liability Company having the power to
enter into this Redevelopment Contract and perform all obligations contained herein and by proper
action has been duly authorized to execute and deliver this Redevelopment Contract.
(b) The execution and delivery of the Redevelopment Contract and the consummation
of the transactions therein contemplated will not conflict with or constitute a breach of or default
under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement
or lease to which Redeveloper is a party or by which it is bound, or result in the creation or
imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of
the Redeveloper contrary to the terms of any instrument or agreement.
(c) There is no litigation pending or to the best of its knowledge threatened against
Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing
of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in
writing to the Authority, as to any other matter materially affecting the ability of Redeveloper to
perform its obligations hereunder.
(d) Any financial statements of the Redeveloper delivered to the Authority prior to the
date hereof are true and correct in all respects and fairly present the financial condition of the
Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in
the financial condition reflected therein since the respective dates thereof; and no additional
borrowings have been made by the Redeveloper since the date thereof except in the ordinary course
of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved
by the Authority.
ARTICLE III
OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes
In accordance with Section 18-2147 of the Act, the Authority hereby amends the
Redevelopment Plan of the Authority by providing that any ad valorem tax on real property in the
Project for the benefit of any public body be divided for a period of fifteen years after the effective
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date of this provision as provided in Section 18-2147 of the Act or until $1,564,409.00 is provided
through TIF, whichever occurs sooner. The effective date of this provision shall be January 1,
2009.
Section 3.02 TIF Pledge of Revenues.
Authority shall not incur TIF indebtedness in the form of a principal amount bearing
interest but, rather, hereby pledges to the Redeveloper and its Lender that the Authority will pay,
semi-annually, the TIF Revenues to Redeveloper’s Lender as additional security for the payment of
the indebtedness incurred by Redeveloper for funding the Redevelopment Project.
Section 3.03 Payment.
Authority will pay to Redeveloper’s Lender the proceeds of the TIF Revenues
derived from Redeveloper’s semi-annual payment of ad valorem taxes on the real property included
in the Redevelopment Project. If such real estate taxes are not paid by Redeveloper, no TIF
Revenues will be generated to enable the Authority to pay TIF Revenues to the Redeveloper.
Section 3.04 Creation of Fund.
Authority will create a special fund to collect and hold the TIF Revenues. Such
special fund shall be used for no purpose other than to pay TIF Revenues pursuant to Sections 3.02
and 3.03 above.
ARTICLE IV
OBLIGATIONS OF REDEVELOPER
Section 4.01 Construction of Project; Insurance
(a) Redeveloper will complete the Project and install all equipment necessary to
operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals
necessary to acquire, construct and equip the Project. Until construction of the Project has been
completed, Redeveloper shall make reports in such detail and at such times as may be reasonably
requested by the Authority as to the actual progress of Redeveloper with respect to construction of
the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall
furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be
a conclusive determination of satis faction of the agreements and covenants in this Redevelopment
Contract with respect to the obligations of Redeveloper and its successors and assigns to construct
the Project.
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(b) Any contractor chosen by the Redeveloper or the Redeveloper itself shall be
required to obtain and keep in force at all times until completion of construction, policies of
insurance including coverage for contractors’ general liability and completed operations and a penal
bond as required by the Act. The Authority and the Redeveloper shall be named as additional
insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be
required to purchase and maintain property insurance upon the Project to the full insurable value
thereof. This insurance shall insure against the perils of fire and extended coverage and shall include
“All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case
may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required
above. Such certificates shall state that the insurance companies shall give the Authority prior
written notice in the event of cancellation of or material change in any of the policies.
Sections 4.02 Reserved.
Section 4.03 Redeveloper to Operate Project.
Except as provided in Section 4.08 hereof, Redeveloper will operate the Project for
not less than 15 years from the effective date of the provision specified in Section 3.01 of this
Redevelopment Contract.
Section 4.04 Authority Costs.
Redeveloper shall pay to Authority on the date of execution of this Redevelopment
Contract, the sum of $1,000.00 to reimburse the Authority for its fees incurred in connection with
this Redevelopment Contract.
Section 4.05 No Discrimination.
Redeveloper agrees and covenants for itself, its successors and assigns that as long
as this Redevelopment Contract is in effect, it will not discriminate against any person or group of
persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status
or receipt of public assistance in connection with the Project. Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Project, Redeveloper will not
discriminate against any employee or applicant for employment because of race, religion, sex,
color, national origin, ancestry, disability, marital status or receipt of public assistance.
Redeveloper will comply with all applicable federal, state and local laws related to the Project.
Section 4.06 Pay Real Estate Taxes.
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Redeveloper intends to create a taxable real property valuation of the Project of
$5,027,358.00 no later than as of December 31, 2009. During the term of this contract,
Redeveloper will (1) not protest a real estate property valuation on the Premises of $5,330,000.00
or less after substantial completion or occupancy; (2) not convey the Premises or structures thereon
to any entity which would be exempt from the payment of real estate taxes or cause the
nonpayment of such real estate taxes; and (3) cause all real estate taxes and assessments levied on
the Premises to be paid prior to the time such become delinquent.
Section 4.07 Reserved.
Section 4.08 No Assignment or Conveyance.
Redeveloper shall not convey, assign or transfer the Premises, the Project or any
interest therein prior to the termination of the 15 year period commencing on the effective date
specified in Section 3.01 hereof, without the prior written consent of the Authority, which shall not
be unreasonably withheld and which the Authority may make subject to any terms or conditions it
deems appropriate, except for the following conveyances, which shall be permitted without consent
of Authority:
(a) any conveyance as security for indebtedness (i) previously incurred by Redeveloper
or incurred by Redeveloper after the effective date for Project Costs or any subsequent physical
improvements to the premises with the outstanding principal amount of all such indebtedness
(whether incurred prior to or after the effective date of this Agreement) secured by the Premises (ii)
any additional or subsequent conveyance as security for indebtedness incurred by Redeveloper for
Project Costs or any subsequent physical improvements to the premises provided that any such
conveyance shall be subject to the obligations of the Redeveloper pursuant to this Redevelopment
Contract;
(b) if Redeveloper is an individual, any conveyance to Redeveloper’s spouse, or to
Redeveloper’s spouse or issue pursuant to bequest, devise or the laws of intestacy upon the death of
Redeveloper;
(c) any conveyance to a limited partnership or limited liability company so long as
Redeveloper is general partner or manager of the entity.
ARTICLE V
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 5.01 Financing.
7
Redeveloper shall pay all Project Costs, and prior to commencing Redeveloper shall
provide Authority with evidence satisfactory to the Authority that private funds have been
committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment
Project.
Section 5.02 Encumbrances.
Redeveloper shall not create any lien, encumbrance or mortgage on the Project or
the Premises except encumbrances which secure indebtedness incurred to acquire, construct and
equip the Project or for any other physical improvements to the Premises.
ARTICLE VI
DEFAULT, REMEDIES; INDEMNIFICATION
Section 6.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VI, in the event of any failure to
perform or breach of this Redevelopment Contract or any of its terms or conditions, by either party
hereto or any successor party, such party, or successor, shall, upon written notice from the other,
proceed immediately to commence such actions as may be reasonably designed to cure or remedy
such failure to perform or breach which cure or remedy shall be accomplished within a reasonable
time by the diligent pursuit of corrective action. In case such action is not taken, or diligently
pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable
time, this Redevelopment Contract shall be in default and the aggrieved party may institute such
proceedings as may be necessary or desirable to enforce its rights under this Redevelopment
Contract, including, but not limited to, proceedings to compel specific performance by the party
failing to perform or in breach of its obligations.
Section 6.02 Additional Remedies of Authority.
In the event that:
(a) The Redeveloper, or successor in interest, shall fail to complete the
construction of the Project on or before December 31, 2009, or shall abandon construction work for
any period of 90 days;
(b) The Redeveloper, or successor in interest, shall fail to pay real estate taxes or
assessments on the Premises or any part thereof when due, and such taxes or assessments shall not
8
have been paid, or provisions satisfactory to the Authority made for such payment within 30 days
following written notice form Authority; or
(c) There is, in violation of Section 4.08 of this Redevelopment Contract,
transfer of the Premises or any part thereof, and such failure or action by the Redeveloper has not
been cured within 30 days following written notice from Authority, then the Redeveloper shall be
in default of this Redevelopment Contract.
In the event of such failure to perform, breach or default occurs and is not cured in
the period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages that
could be incurred is the amount of the unpaid TIF payment remaining pursuant to Section 3.03 of
this Redevelopment Contract plus interest as provided herein (the “Liquidated Damages Amount”).
The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of
demand from Authority.
Interest shall accrue on the Liquidated Damages Amount at the rate of one percent
(1%) over the prime rate as published and modified in the Wall Street Journal from time to time
and interest shall commence from the date that the Authority gives notice to the Redeveloper
demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Project.
Section 6.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this
Redevelopment Contract (other than those specific provisions contained in Section 6.02), the
Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms
of this Redevelopment Contract or exercise any other remedies that may be provided in this
Redevelopment Contract or by applicable law; provided, however, that the default covered by this
Section shall not give rise to a right of rescission or termination of this Redevelopment Contract,
and shall not be covered by the Liquidated Damages Amount.
Section 6.04 Enforced Delay Beyond Party’s Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither
the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation of
the Premises for redevelopment, or the beginning and completion of the construction of the Project,
9
or progress in respect thereto, in the event of enforced delay in the performance of such obligations
due to unforeseeable causes beyond its control and without its fault or negligence, including, but
not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other
party, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather or delays in subcontractors due to such causes; it being the purpose and intent of
this provision that in the event of this occurrence of any such enforced delay, the time or times for
performance of the obligations of the Authority or of the Redeveloper with respect to construction
of the Project, as the case may be, shall be extended for the period of the enforced delay: Provided,
that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after
the beginning of any such enforced delay, have first notified the other party thereof in writing, and
of the cause or causes thereof and requested an extension for the period of the enforced delay.
Section 6.05 Limitation of Liability; Indemnification.
Notwithstanding anything in this Article VI or this Redevelopment Contract to the
contrary, neither Authority, City, nor their officers, directors, employees, agents or their governing
bodies shall have any pecuniary obligation or monetary liability under this Redevelopment
Contract. The obligation of the Authority shall be limited solely to the TIF Revenues pledged as
security for the Redeveloper’s financing. Specifically, but without limitation, neither City nor
Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any
representations, warranties or obligations hereunder. The Redeveloper releases the Authority and
the City from, agrees that the Authority and the City shall not be liable for, and agrees to indemnify
and hold the Authority and the City harmless from any liability for any loss or damage to property
or any injury to or death of any persons that may be occasioned by any cause whatsoever pertaining
to the Project.
The Redeveloper will indemnify and hold each of the Authority and the City and
their directors, officers, agents, employees and members of their governing bodies free and
harmless from any loss, claim, damage, demand, tax, penalty, liability disbursement, expense,
including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage
or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use
thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of
this Redevelopment Contract or arising out of any action or inaction of Redeveloper, injury, actual
or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons,
occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment
10
Contract or arising out of any action or inaction of Redeveloper, whether or not related to the
Project, or resulting from or in any way related to the enforcement of this Redevelopment Contract
or any other cause pertaining to the Project.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Notice Recording.
A notice memorandum of this Redevelopment Contract shall be recorded with the
Register of Deeds of Hall County, Nebraska.
Section 7.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of
Nebraska, including but not limited to the Act.
Section 7.03 Binding Effect; Amendment.
This Redevelopment Contact shall be binding on the parties he reto and their
respective successors and assigns. This Redevelopment Contract shall run with the Premises. The
Redevelopment Contract shall not be amended except by a writing signed by the party to be bound.
IN WITNESS WHEREOF, Authority and Redeveloper have signed this Redevelopment
Contract as of the date and year first above written.
COMMUINITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST: GRAND ISLAND, NEBRASKA
___________________________ By:_______________________________
Secretary Its Chair
STATE OF NEBRASKA )
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of
___________________, 2008, by Barry G. Sandstrom and Chad Nabity, Chair and Secretary,
11
respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska,
on behalf of the Authority.
(SEAL) ______________________________
Notary Public
SOUTH POINTE DEVELOPMENT,
L.L.C.
By___________________________
Member
By ___________________________
Member
STATE OF NEBRASKA )
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of
______________________, 2008, by South Pointe Development, L.L.C., by
______________________, Member and ____________________, Member.
(SEAL) ______________________________
Notary Public
12
EXHIBIT A
DESCRIPTION OF PREMISES
A tract of land located in Section Twenty-Seven (27), Township Eleven (11) North, Range Nine
(9) West of the 6th P.M., Hall County, Nebraska, commencing at a point which is 525 feet North
and 33 feet East of the quarter section corner between Sections Twenty-Seven (27) and Twenty-
Eight (28) in Township Eleven (11) North, Range Nine (9) West of the 6th' P.M. running thence
North 100 feet along a line parallel to and 33 feet East of the Section line between Sections
Twenty-Seven (27) and Twenty-Eight (28), thence Easterly at right angles a distance of 361.5 feet,
thence Southerly at right angles a distance of 247.5 feet; thence Westerly at right angles to the
Southeasterly corner of the tract conveyed by the grantor therein named on the 6th day of May
1930 to R.I. Merrick, which deed is recorded at page 627, in Book 69, from Deed Records in the
Office of Register of Deeds, Hall County, Nebraska thence Northerly along East line of said tract
so conveyed to said Merrick to the Northeasterly corner thereof, thence Westerly along the
Northerly line of said tract so conveyed by grantor to the said Merrick to the place of beginning,
expecting a tract of land to the City of Grand Island, Nebraska more particularly described in
Deed recorded as Document No 200008052.
AND
Beginning at a point 377.5 Feet North of and 33 Feet East of the Quarter Section corner between
Sections Twenty-Seven (27) and Twenty-Eight (28), in Township Eleven (11) North, Range
Nine (9) West of the 6th P.M. and running thence North, along a line parallel to and 33 Feet East
of the Section line between said sections Twenty-Seven (27) and Twenty-Eight (28), a distance of
147.5 Feet thence Easterly, at right angles, a distance of 354.65 Feet thence Southerly at right
angles, a distance of 147.3 Feet; thence Westerly at right angles, a distance of 355.9 Feet to the
place of beginning, and being a part of Lot One (1) Mainland in Section Twenty-Seven (27) in
Township Eleven (11) North, Range Nine (9) West of the Sixth P.M., excepting therefrom, the
property described in the Report of Appraisers recorded in Book T, Page 253, of the
Miscellaneous Records in the Office of the Register of Deeds, Hall County, Nebraska
13
EXHIBIT B
DESCRIPTION OF PROJECT
An 82 unit three story Best Western Stoneridge Motel with attached indoor pool, business
center, fitness center and board room, all containing approximately 11,500 square feet.
14
EXHIBIT C
(Estimated)
1. Acquisition Costs:
A. Land $275,000.00
B. Building - Included in Land Cost N/A
2. Construction Costs:
A. Renovation or Building Costs: $5,247,500.00
B. On-Site Improvements: N/A
C. Off-Site Improvements: $
3. Soft Costs:
A. Architectural & Engineering Fees: $75,000.00
B. Financing Fees: $5,000.00
C. Legal/Developer/Audit Fees: $2,500.00
D. Contingency Reserves: N/A
E. Other (Please Specify) N/A
TOTAL $82,500.00
Item F1
#9198 - Consideration of Annexation Property Located at 908 East
Capital Avenue (Final Reading)
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 18, 2008
Subject: Annexation - Ordinance (Third Reading)
Item #’s: F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Annexation of land, located in the S ½ of the SW ¼ 3-11-09 (908 E. Capital Avenue) into
the Grand Island City Limits see the attached map. The owner of this property petitioned
Council to consider annexation of this property. He desires to hook this property up to
city sewer services.
Discussion
On September 3, 2008 the Hall County Regional Planning Commission held a public
hearing before considering this matter.
No members of the public testified at the hearing held by the Regional Planning
Commission.
This property is adjacent to and contiguous with the Grand Island City along a portion of
its southern property line (Capital Avenue).
Water is available to the property included in this annexation request. Sewer is available
to the property. This property is within the Grand Island Utilities Electrical Service
District. This property is within the Grand Island School District. Annexing this property
will not impact the two mile extraterritorial jurisdiction of Grand Island.
This is the third reading of the ordinance to annex property.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the annexation as presented
2. Modify the annexation to meet the wishes of the Council
3. Table the issue
Recommendation
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.
Sample Motion
Approve the annexation as Submitted
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
ORDINANCE NO. 9198
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land North of Capital Avenue in
the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range
Nine (9) West of the 6th P.M. in Hall County in the area of 908 East Capital Avenue, Nebraska as
more particularly described hereinafter; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, after public hearing on September 3, 2008, the Regional Planning
Commission recommended the approval of annexing into the City of Grand Island, the following
tracts of land in Hall County, Nebraska:
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
* This Space Reserved For Register of Deeds *
ORDINANCE NO. 9198 (Cont.)
- 2 -
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.
WHEREAS, after public hearing on October 28, 2008, the City Council of the
City of Grand Island found and determined that such annexation be approved; and
WHEREAS, on October 28, 2008, the City Council of the City of Grand Island
approved such annexation on first reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that the extraterritorial
zoning jurisdiction is extended as allowed by law.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
ORDINANCE NO. 9198 (Cont.)
- 3 -
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
(E) The plan for extending City services adopted by the City Council by the
passage and approval of Resolution No. 2008-274 is hereby approved and ratified as amended.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted by herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
ORDINANCE NO. 9198 (Cont.)
- 4 -
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: November 18, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9199 - Consideration of Assessments for Sanitary Sewer District
523; Lots 1-8 & Lots 22-31 of Westwood Park 2nd Subdivision and
Sanitary Sewer District 525; Lot 8 & 9 of Westwood Park
Subdivision
This item relates to the aforementioned Board of Equalization Item D-1.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9199
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. 523 and 525 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 523 and 525, as adjudged by the Mayor
and Council of the City, to the extent of benefits thereto by reason of such improvement, after
due notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Sanitary Sewer District No. 523
Lyle E & Dorothy L Juett Lot 1, Westwood Park Second Subdivision $16,321.45
William D & Sandra K Blender Lot 2, Westwood Park Second Subdivision $16,321.45
James R & Judy M Almquist Lot 3, Westwood Park Second Subdivision $16,321.45
Samuel R & Nancy A Reynolds Lot 4, Westwood Park Second Subdivision $16,321.45
ORDINANCE NO. 9199 (Cont.)
- 2 -
Sherilyn Joy Topinka Lot 5, Westwood Park Second Subdivision $16,321.45
James H & Melinda J Powers Lot 6, Westwood Park Second Subdivision $16,321.45
John W & Beatrice L Gjertsen Lot 7, Westwood Park Second Subdivision $16,321.45
James L & Bonnie M Hartman Lot 8, Westwood Park Second Subdivision $16,321.45
Gary L & Jeri L Thiede Lot 22, Westwood Park Second Subdivision $16,321.45
Mark D & Michquel Bonser Lot 23, Westwood Park Second Subdivision $16,321.45
Troy D & Chris Anne Shubert Lot 24, Westwood Park Second Subdivision $16,321.45
Dennis A & Kimberly J Jay Lot 25, Westwood Park Second Subdivision $16,321.45
David J & Janice K Sperling Lot 26, Westwood Park Second Subdivision $16,321.45
Gabor & Diana Bodonyi-Kovacs Lot 27, Westwood Park Second Subdivision $16,321.45
Wayne V & Laurie A Gress Lot 28, Westwood Park Second Subdivision $16,321.45
Barbara A Williby (Trustee) Lot 29, Westwood Park Second Subdivision $16,321.45
Don C & Anita Beth Meyer Lot 30, Westwood Park Second Subdivision $16,321.45
Lonnie D & Jessica J Musil Lot 31, Westwood Park Second Subdivision $16,321.45
Sanitary Sewer District No. 525
Toby S & Stephanie Mohler Lot 8, Westwood Park Subdivision $16,321.42
Richard L & JoAnn A Sok Lot 9, Westwood Park Subdivision $16,321.43
TOTAL $326,428.95
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
ORDINANCE NO. 9199 (Cont.)
- 3 -
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 523 and 525.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 18, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9200 - Consideration of Amendments to Chapter 5 of the Grand
Island City Code Relative to Animals
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Council Agenda Memo
From: Wesley D. Nespor, Legal Department
Meeting: November 18, 2008
Subject: Amendments to Chapter 5 of the City Code
Item #’s: F-3
Presenter(s): Dale Shotkoski, City Attorney or Wesley D. Nespor,
Attorney
Background
The City Council adopted a goal to comprehensively review and update the City Code.
These proposed revisions are part of that process.
Discussion
The changes to Chapter 5 update definitions to coincide with changes to Nebraska
Revised Statutes under Legislative Bill 1055. The most significant changes relate to the
standards for determining if an animal is potentially dangerous or dangerous and the
impoundment and disposition of such animals is clarified. On October 30, 2008, the
Animal Advisory Board met and approved the proposed changes and recommends the
same to City Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Take no action
3. Postpone the issue to future date
Recommendation
City Administration recommends that the Council approve the amendments to Chapter 5
of the City Code.
Sample Motion
Move to approve the ordinance amending Chapter 5 of the City Code.
ORDINANCE NO. 9200
An ordinance to amend Grand Island City Code Chapter 5 Sections 5-1
through 5-47 regarding definitions, humane treatment, animal control, dangerous
animals, and potentially dangerous animals to harmonize it with State Statutes; to repeal
sections in conflict herewith; and to provide for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA:
SECTION 1. Section 5-1 through 5-47 of the Grand Island City Code are
amended to read as follows:
CHAPTER 5
ANIMALS
Article I. General
§5-1. Definitions
As used in this chapter, the following terms mean:
Abandon. Means to leave any animal in one’s care, whether as owner or custodian, for any length
of time without making effective provision for its food, water, or other care as is reasonably necessary for
the animal’s health;
Animal. Any live, vertebrate creature other than human beings.
Animal Control Officer. Means any member of the Nebraska State Patrol, any county or deputy
sheriff, any member of the police force of any city or village, Health Department employee, employee of
the Animal Control Authority, or any other public official authorized by the City to enforce state or local
animal control laws, rules, regulations, or ordinances.
Animal Control Authority. Shall mean an entity authorized to enforce the animal control laws of
the City designated by the City Council.
Animal Shelter. Any facility operated by the City or the contracting agencyAnimal Control
Authority for the purpose of impounding or caring for animals held under the authority of this chapter.
Auctions. Any place or facility where animals are regularly bought, sold, or traded, except for
those facilities otherwise defined in this ordinance. This section does not apply to individual sales of
animals by owners.
Birds. Any feathered vertebrate, including pigeons, but excluding poultry.
Bite. Any seizure with the teeth by an animal.
Circus. A commercial variety show featuring animal acts for public entertainment.
Commercial Animal Establishment. Any pet shop, grooming shop, auction, riding school or stable,
circus, performing animal exhibition, or kennel (this term shall not include a veterinary hospital or
veterinary clinic).
Cruelly mistreat. Means to knowingly and intentionally kill, maim, disfigure, torture, beat,
mutilate, burn, scald, or otherwise inflict harm upon any animal;
Cruelly neglect. Means to fail to provide any animal in one’s care, whether as owner or custodian,
with food, water, or other care as is reasonably necessary for the animal’s health;
ORDINANCE NO. 9200 (Cont.)
Dangerous Animal. Any animal that, according to the records of the Central Nebraska Humane
Society: (a) has killed or inflicted severe injury on a human being on public or private property; (b) has
killed a domestic animal without provocation while the animal was off the owner's property; or (c) has been
previously determined to be a potentially dangerous animal by an Humane Society officer and the owner
has received notice of such determination and such animal again aggressively bites, attacks, or endangers
the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any
injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing
a willful trespass or any other tort upon the property of the owner of the dog, who was tormenting, abusing,
or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or
assaulted the dog, or who was committing or attempting to commit a crime. Means an animal that (i) has
killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has
killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially
dangerous animal by an animal control authority or animal control officer, the owner has received notice of
such determination, and the animal inflicts an injury on a human being that does not require medical
treatment, injures a domestic animal, or threatens the safety of humans or domestic animals. An animal
shall not be defined as a dangerous animal hereunder if the individual was tormenting, abusing, or
assaulting the animal at the time of the injury or has, in the past, been observed or reported to have
tormented, abused, or assaulted the animal. An animal shall not be defined as a dangerous animal if the
injury, damage, or threat was sustained by an individual who, at the time, was committing a willful
trespass, was committing any other tort upon the property of the owner of the animal, was tormenting,
abusing, or assaulting the animal, or has, in the past, been observed or reported to have tormented, abused,
or assaulted the animal, or was committing or attempting to commit a crime;
Domestic animal. Shall mean a cat, a dog, or livestock.
Enclosure. Any tract of land intended to restrain or contain an animal by means of a building,
fence, or any other means.
Fowl. Any poultry, other than pigeons.
Grooming Shop. A commercial establishment where animals are bathed, clipped, plucked, or
otherwise groomed.
Health Department. Means the Central District Health Department or aAny agency with which
the City contracts to enforce the provisions of Chapter 5 - Animals of the Grand Island City Code related to
public health and welfare .
Humane killing. Means the destruction of an animal by a method which causes the animal a
minimum of pain and suffering;
Humane Society. The Central Nebraska Humane Society with which the City contracts to enforce
the provisions of Chapter 5 - Animals of the Grand Island City Code.
Humane Society Officer. Any police officer, Health Department employee, or employee of the
contracting agency who is performing the duty of enforcing the provisions of this chapter.
Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying,
letting for hire, training for a fee, or selling dogs or cats.
Livestock . Any hoofed animal commonly associated with domestic agricultural purposes,
including but not limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs.
Medical treatment. Means treatment administered by a physician or other licensed health care
professional.
Mutilation. Means intentionally causing permanent injury, disfigurement, degradation of function,
incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a
veterinarian licensed to practice veterinary medic ine and surgery in this state or conduct that conforms to
accepted veterinary practices;
Owner. Any person, partnership, or corporation owning, keeping, harboring one or more animals.
An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more or has
exercised control or custody of the animal.
Performing Animal Exhibition. Any spectacle, display, act, or event other than circuses in which
performing animals are used.
Pet. Any animal kept for pleasure rather than utility.
Pet Shop. Any person, partnership, or corporation, whether operated separately or in connection
with another business except for a licensed kennel, that buys, sells, or boards any species of animal.
Potentially Dangerous Animal. Means (a) any animal that when unprovoked (i) inflicts an injury
ORDINANCE NO. 9200 (Cont.)
on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) chases or
approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack or (b) any specific animal with a known propensity, tendency, or disposition to attack
when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
(a) Any animal that when unprovoked (1) inflicts a non- severe injury on a human or injures
a domestic animal either on public or private property or (2) chases or approaches a person upon streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or (b) any specific
dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to
threaten the safety of humans or domestic animals.
Repeated beating. Means intentional successive strikes to an animal by a person resulting in
serious bodily injury or death to the animal;
Restraint. Any animal secured by a leash or lead, or under the control of a responsible person and
obedient to that person's commands, or within the real property limits of its owner.
Residence. The structure used as a domicile by a person or a family.
Riding School or Stable. Any place which has available for hire, boarding and/or riding
instruction, any horse, pony, donkey, mule, or burro.
Running at Large. Running at large shall mean any dog or other animal off the premises of the
owner and not under the immediate control of a person physically capable of restraining the animal by
holding a leash, cord, chain, wire, rope, cage or other suitable means of physical restraint or if the animal is
out of doors on the premises of the owner, the animal shall be in an adequately fenced in area or securely
fastened to a leash or chain to prevent the animal from leaving the owner's premises.
Scratch. Any scraping with the claws by an animal which causes an abrasion, puncture or
wound of the skin.
Serious injury or illness. Includes any injury or illness to any animal which creates a substantial
risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or
impairment of the function of any bodily organ
Severe Injury. Any physical injury to a person that results in disfiguring lacerations requiring
multiple sutures or cosmetic surgery, or one or more broken bones, or that creates a potential danger to the
life or health of a victim.
Shelter. Any structure with a roof and walls designed and/or intended to house one or more
animals.
Torture. Means intentionally subjecting an animal to extreme pain, suffering, or agony. Torture
does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery
in this state or conduct that conforms to accepted veterinary practices.
Veterinary Hospital or Veterinary Clinic. Any establishment maintained and operated by a
licensed veterinarian for surgery, diagnosis and treatment of diseased and injured animals.
Wild Animal. Any live animal normally found living in a state of nature and not normally
subjected to domestication, including but not limited to: monkeys, raccoons, skunks, snakes, and lions, but
excluding birds.
§5-2. Animal Advisory Board; Establishment
There is hereby established the Animal Advisory Board of the City of Grand Island, whose duty it
shall be to advise the mayor and city council on all matters relating to this chapter. The board shall be
composed of seven members: four members appointed by the mayor subject to confirmation by the city
council; and the chief of police or his/her designee, the director of the Animal Control Authorityhumane
society or his/her designee, and the director of the department of health or his/her designee. Appointed
members shall serve without compensation. The Animal Advisory Board shall meet during the first week
of January and the first week of July of each year and/or such other occasions as may be established by said
board. Attendance by any four or more members shall constitute a quorum.
§5-3. Composition and Term
Said advisory board shall be composed of one veterinarian and three representatives from the
community at large. The chief of police or his/her designee, the director of the Animal Control
Authorityhumane society or his/her designee, and the director of the department of health or his/her
designee shall serve as ex officio members. The original appointees to the Animal Advisory Board shall
serve terms as follows: One for one year, one for two years, and one for three years. Thereafter, all
appointments shall be for three year terms, provided, any appointment to fill a vacancy shall only be for the
ORDINANCE NO. 9200 (Cont.)
unexpired portion of the term of the member being replaced. The mayor may remove any appointed
member without cause.
§5-4. Enforcement; Jurisdiction; Agencies; Duties
(A) This chapter shall be enforced only within the corporate limits of the City of Grand Island.
(B) The Code provisions of this chapter shall be enforced by the agency with which the City
contracts to enforce said provisions and the Police Department. All employees of said contracting
agencyAnimal Control Authority shall be designated animal controlhumane society officers for the
purposes of this chapter.
(C) The Health Department shall assist in enforcement of code provisions relating to public
health, safety and welfare.
(D) This Chapter shall not apply to:
(1) Care or treatment of an animal by a veterinarian licensed under the Nebraska Veterinary
Practice Act until December 1, 2008, and the Veterinary Medicine and Surgery Practice Act on and after
December 1, 2008;
(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the
normal course of his or her duties;
(3) Research activity carried on by any research facility currently meeting the standards of the
federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2003;
(4) Commonly accepted practices of hunting, fishing, or trapping;
(5) Commonly accepted practices occurring in conjunction with rodeos, animal racing, or pulling
contests;
(6) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the
owner’s request;
(7) Commonly accepted practices of animal husbandry with respect to farm animals and
commercial livestock operations, including their transport from one location to another and nonnegligent
actions taken by personnel or agents of the Nebraska Department of Agriculture or the United States
Department of Agriculture in the performance of duties prescribed by law;
(8) Use of reasonable force against an animal, other than a police animal, which is working,
including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or
custodian and is injuring or posing an immediate threat to any person or other animal;
(9) Killing of house or garden pests;
(10) Commonly followed practices occurring in conjunction with the slaughter of animals for food
or byproducts; and
(11) Commonly accepted animal training practices.
§5-5. Interference with Animal Control Humane Society Officer
It shall be unlawful for any person to interfere with an animal control humane society officer in
the performance of his or her duties.
Article II. Commercial Animal Establishments
§5-6. Commercial Animal Establishments
All provisions of this chapter relating to the care and control of animals shall apply to commercial
animal establishments as to all animals not kept for sale or resale; and, as to all animals kept for sale or
resale, all provisions shall apply except for the enclosure distance requirements set forth in §5-16 and §5-
17; the limitations of the number of animals set forth in §5-18; the minimum area requirements set forth in
§5-18; the prohibition of roosters as set forth in §5-41.1; and the registration of dogs and cats set forth in
§5-12.
§5-7. Permits Required
No person, partnership, or corporation shall operate a commercial animal establishment within the
City of Grand Island without first obtaining a commercial permit. Operation of a commercial animal
establishment without a commercial animal establishment permit shall constitute a public nuisance, subject
to abatement pursuant to §20-15 of the Grand Island City Code.
§5-8. Commercial Permits; Fee; Renewal
(A) A commercial permit fee as adopted by the Health Department and identified in the City of
ORDINANCE NO. 9200 (Cont.)
Grand Island Fee Schedule shall be paid to the Health Department for each commercial animal
establishment within the City.
(B) Each permit shall be effective for one year, beginning on August 1 of each year and ending on
July 31 of the following year.
(C) Renewal applications shall be made no sooner than thirty days prior to, nor later than thirty
days after, the first day of August.
§5-9. Commercial Permits; Transfer
Permits may be transferred upon a change of ownership of a commercial animal establishment
upon payment of a transfer fee as adopted by the Health Department and identified in the City of Grand
Island Fee Schedule.
§5-10. Commercial Establishments; Inspections
It shall be a condition of the issuance of a permit for operating a commercial animal establishment,
that the City or the Health Department shall be permitted to inspect the premises and all animals thereon
semi-annually. Refusal to allow an inspection by an authorized agent of the City or Health Department
shall be a ground for revocation of said permit. All commercial animal establishments shall comply with
the Minimum Standards of Sanitation, Care, and Adequate Housing to be promulgated and adopted by the
Animal Advisory Board and approved by the Mayor and City Council. Copies of the Minimum Standards
of Sanitation, Care, and Adequate Housing shall be on file with the City Clerk and the Animal Control
Authorityhumane society, and shall be available for public inspection.
§5-11. Commercial Permits; Revocation
The city council may, after notice and hearing as provided by law, revoke or suspend any
commercial permit for one or more of the following causes:
(A) Refusal by the commercial permit holder to allow the City or an animal control officerthe
humane society to inspect the premises or examine the animals thereon.
(B) The conviction of the commercial permit holder or any of his or her employees for the offense
of cruelty to animals, whether or not said conviction is based upon the treatment of any animal on the
premises of the commercial animal establishment.
(C) Three or more convictions of the commercial permit holder and/or any of his or her
employees for violations of any provision of this chapter within any twelve month period where said
violations are based upon the care and/or control of the animals on the premises of said establishment.
Article III. Animal Licenses
§5-12. Registration Fee; Amounts; Delinquent
(A) The owner of any dog or cat over the age of three months in the City of Grand Island shall
pay an annual pet license fee for said dog or cat. Such fee shall be adopted by the governing body and
identified in the City of Grand Island Fee Schedule.
The annual pet license as provided in this section shall be for the period of January 1 through
December 31 of the licensing year. The pet license provided for by this section shall be secured by each
new owner or new resident within thirty days of establishing residency in the City or after acquiring said
animal, notwithstanding the fact that the dog or cat may have been registered within the annual period by a
previous owner or that the dog or cat had been registered with another authority other than the City of
Grand Island.
(B) The fee required in (A) above shall become due on January 1 of the licensing year and shall
become delinquent on February 1 of each year. The owner of any dog or cat in the City of Grand Island
registering the same after said fee has become delinquent shall pay a surcharge in accordance with the fees
adopted by the governing body identified in the City of Grand Island Fee Schedule.
(C) No dog or cat shall be registered and licensed unless and until the owner shall display a
certificate of a licensed veterinarian showing that such dog or cat has been vaccinated for rabies.
(D) The owner of any dog or cat that has been declared “potentially dangerous” or “dangerous”
shall pay, in addition to the pet license above, an annual kennel inspection fee. Such fee shall become due
at the time of the declaration, and then shall be paid annually thereafter with the annual fee becoming due
on January 1 of the year following the declaration, and shall become delinquent on February 1 of said year.
The kennel inspection fee shall be adopted by the governing body and identified in the City of Grand Island
Fee Schedule.
ORDINANCE NO. 9200 (Cont.)
Amended by Ordinance No. 9142, effective 11-28-2007
§5-13. Pet Tag; Issuance
(A) Upon the payment of the pet license fee required by §5-12, the owner shall be issued a metal
tag for each dog or cat registered, which tag shall be marked and numbered with the year for which the tag
is purchased and fee paid, and the number corresponding with the number of the dog or cat on the fee
list. The pet tag must be attached to a collar or a harness and must be worn by each dog or cat at all times.
(B) Each dog or cat registered must be listed and numbered by the treasurer.
(C) If a pet license tag is lost, a replacement tag must be issued upon payment of a fee as adopted
by the humane society board and identified in the City of Grand Island Fee Schedule.
Article IV. Animal Care
§5-14. Shelter Required
No owner shall fail to provide his or her pets with shelter of sufficient size to allow each pet to lie
down, and of sufficient construction to shield the pets from the wind, sun, and from precipitation.
§5-15. Enclosure Required
No owner shall fail to confine his or her animals within an enclosure of sufficient size and design
to prevent the animal from escaping or to restrain said animal by a rope, chain, or stake in such a manner as
to prevent such animal from going onto any public property or onto the property of another.
§5-16. Enclosures; Requirements
(A) All enclosures and restraints required by §5-15 which are used to confine horses, mules,
donkeys, cows, sheep, goats or llamas shall be no less than 150 feet from any residence other than the
residence of the owner of said enclosure unless a waiver or variance is obtained as provided in subsection
(C) below.
(B) All enclosures and restraints required by §5-15 which are used to confine rabbits, birds,
chickens shall be at least fifteen (15) feet from any privately-owned property abutting the owner's property.
(C) The owner of any animal affected by subsection (A) may keep or maintain an enclosure
within the prohibited distance by either obtaining a waiver from all property owners within the prohibited
distance stating that said property owners do not object to the keeping of animals within the prohibited
distance, and filing the same with the City Clerkhumane society, or obtaining a variance from the city
council; provided, that no variance shall be granted by the city council for a distance less than 75 feet. The
council shall consider the following factors in determining whether or not to issue a variance:
(1) That the variance, if allowed, is in harmony with the general purpose and interest of this
animal ordinance;
(2) That there are practical difficulties or practical hardships in the way of carrying out the strict
letter of this animal ordinance;
(3) For the purpose of supplementing the above requirements, the council in making the
determination whether there are practical difficulties or particular hardships, shall also take into
consideration the extent to which the following facts, favorable to the applicant, have been established by
the evidence:
(i) that the majority of the applicant's neighbors have presented no
objection to the proposed variance;
(ii) that the variance, if granted, would not be a threat to the public health, safety, and
welfare;
(iii) that the variance, if granted, would not materially reduce the marketability of
surrounding real property.
(4) Upon the filing of a request for variance under this subsection, the city clerk shall cause notice
of the time and place of the hearing for variance to be mailed to the head of all residences within one
hundred fifty (150) feet of the enclosure for which the variance is sought.
§5-17. Enclosures; Registration Required
(A) The location of all enclosures with the distance requirements as set forth by §5-16 shall be
registered with the Animal Control Authorityhumane society within ten days of placing any animal upon an
unregistered location. Said registration shall be non-reoccurring for each owner, but shall be
nontransferable.
ORDINANCE NO. 9200 (Cont.)
(B) The location of all enclosures in existence prior to the effective date of this ordinance
shall be registered with the Animal Control Authorityhumane society within 90 days of the
effective date of this ordinance.
§5-18. Number of Animals; Limits
(A) No residential property shall have more than one of the following animals over weaning age
per half acre of outdoor enclosure area where said animals are of the following livestock species:
(1) horses;
(2) mules;
(3) donkeys;
(4) cows;
(5) sheep;
(6) goats; and
(7) llamas;
(i.e. two acres of outside enclosure area may be occupied by two horses and two cows, not four
horses and four cows).
(B) No person, except for commercial retail establishments that offer live fowl (including
chickens) for retail sale and governmental and/or non-profit educational facilities, shall keep or maintain on
his or her property any fowl (including chicken hens) in a number that exceeds four (4) per one acre with a
minimum of land being one (1) acre (i.e., two acres may be occupied by eight (8) fowl).
(C) All properties which do not comply with subsection (A) or (B) shall either be brought into
compliance by October 3, 2006 or shall obtain a conditional use permit as provided by §36-82 of this Code.
The issuance of the conditional use permit shall be subject to the following conditions:
(1) A description of the species and numb ers of animals to be kept on the premises
during the term of the conditional use permit shall accompany this application.
(2) Written waivers approving the proposed conditional use permit shall be obtained
from all persons residing within one hundred fifty (150.0) feet of the subject property and
shall accompany the application.
(3) If the subject property shall be brought into compliance with Section (A) or (B)
above for one hundred eighty (180) or more consecutive days, the conditional use permit
shall terminate and shall not be renewed or reissued.
(D) No residential property shall have more than thirty (30) rabbits at any one time.
(E) No residential property shall have more than 64 birds over six months of age at any one time.
(F) For the purposes of this section, the number of animals permitted to be kept under subsection
(A) shall be reduced by one if rabbits are also kept on said property, and also by one if birds or fowl are
kept on said property.
(G) No residential property shall have more than four dogs and/or cats over three months of age.
(H) No residential property shall have more than four different species of animals sheltered and/or
enclosed outside the residence.
Amended by Ordinance No. 9142, effective 11-28-2007
§5-19. Reserved
§5-20. Shelters and Enclosures; Sanitation
No owner shall fail to keep the shelters and enclosures on his or her property in a sanitary
condition. As a minimum, owners shall not fail to:
(A) Remove or dispose of in a sanitary manner, the bedding, offal manure, and waste materials
accumulating from livestock at least once every seven (7) days.
(B) Remove or dispose of in a sanitary manner, the bedding, offal manure, and waste materials
accumulating from all other animals at least once daily.
(C) Clean and disinfect said shelters and enclosures so as to prevent the breeding of flies and
insects and the emission of deleterious and offensive odors therefrom.
§5-21. Food, Water, Health Care; Owner's Duty
(A) No owner shall fail to provide food and water for his or her animals, or fail to seek veterinary
care for any such animals that are sick or injured. Food and water container shall be of sufficient weight
and design as to preclude readily tipping over and spilling the contents.
(B) No owner shall leave his or her pets without shelter in subzero degree or stormy weather.
ORDINANCE NO. 9200 (Cont.)
§5-22. Cruelty to Animals Prohibited
(A) No person shall beat, cruelly mistreat, torment, tease, torture, cruelly neglect, or otherwise
abuse any animal.
(B) No person shall cause, instigate, or permit any fight or other combat between animals, or
between animals and humans.
§5-23. Abandonment of Animals Prohibited
No owner of an animal shall abandon such animal.
§5-24. Exposing Poison Prohibited
No person shall expose any known poisonous substance, whether mixed with food or not, so that
the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to
expose common rat poison mixed only with vegetable substances on his or her own property.
§5-25. Accidents Involving Animals; Duties
No person who, as the operator of a motor vehicle, strikes an animal, shall fail to stop at once and
render such assistance as may be possible and shall immediately report such injury or death to the animal's
owner, the police, or the animal control agency for the City.
§5-26. Ear Cropping, Dewclaw Removal, and Taildocking; Prohibition
No person, other than a licensed veterinarian, shall crop the ears, remove the dewclaws, or dock
the tail of an animal.
§5-27. Restricted Sale of Chicks and Ducklings
Chickens or ducklings younger than eight weeks of age may not be sold in quantities of less than
twenty-five to a single purchaser.
§5-28. Animals as Prizes Prohibited
No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement
to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or
offer such animal as an incentive to enter into any business agreement whereby the offer was for the
purpose of attracting trade.
§5-29. Performing Animal Exhibitions
(A) No performing animal exhibition or circus shall be permitted in which animals are induced or
encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner
which will cause, or is likely to cause, physical injury or suffering.
(B) All equipment used on a performing animal shall fit properly and be in good working
condition.
Article V. Rabies Control
§5-30. Rabies Vaccination
(A) No owner of a dog, cat or ferret over the age of three (3) months shall fail to cause the same
to be vaccinated against rabies by a duly licensed veterinarian.
(B) No owner of a dog, cat, or ferret vaccinated as required by subsection (A) shall fail to have
such dog, cat, or ferret revaccinated within ten days of the expiration date set forth for the original or any
subsequent vaccination of said dog, cat, or ferret.
§5-31. Vaccination Certificate
Every veterinarian who vaccinates a dog, cat, or ferret for rabies shall provide the owner thereof
with a certificate showing the date of such vaccination. A copy of each such certificate or a compilation
thereof providing notification that a vaccination certificate has been issued shall be provided by each
veterinary hospital or veterinary clinic to the City of Grand Islandhumane society by the 10th of each
month following the date of issuance.
§5-32. Vaccination Certificate; Duty to Exhibit
The owner of a vaccinated dog, cat, or ferret shall exhibit the certificate of vaccination to any
animal controlhumane society officer upon demand.
Article VI. Animal Control
§5-33. Stallions, Jacks, and Bulls
ORDINANCE NO. 9200 (Cont.)
No owner of any stallion, jack, or bull shall indecently exhibit the same or permit any such animal
to be bred to any mare, jenny, or cow, except where the same is not exposed to public view.
§5-34. Running at Large; Restraint Required
It shall be unlawful for any owner to suffer or permit any dog or other animal to run at large within
the corporate limits of the City of Grand Island. "Running at Large" shall mean any dog or other animal off
the premises of the owner and not under the immediate control of a person physically capable of restraining
the animal by holding a leash, cord, chain, wire, rope, cage or other suitable means of physical restraint or
if the animal is out of doors on the premises of the owner, the animal shall be in an adequate fenced in area
or securely fastened to a leash or chain to prevent the animal from leaving the owner's premises. It shall be
the duty of the city animal control officer or other appropriate city law enforcement officer to impound any
dog found running at large within the City of Grand Island. Every dog found running at large in violation of
this or any other section of the Grand Island City Code is declared to be a public nuisance and may be
impounded.
§5-34.1. Animal Training and Shows
Animals may be off a leash when they are being trained for hunting or an animal show at a facility
that is owned, leased or operated by a nationally recognized organization or a local affiliate sanctioned by
such organization for the training, showing and betterment of animals such as the American Kennel Club or
the United Kennel Club. Animals may be off of a leash at an animal show that is sanctioned by a nationally
recognized animal organization if such show obtains a permit from the Animal Control AuthorityGrand
Island Humane Society. The application for said permit shall set forth the date and place of the show or
event, and list the types of activities that will be taking place at the event. If the activities at such animal
show do not violate any of the provisions of the Grand Island City Code other than the running at large
ordinance, or involve inhumane treatment of the animals at such event then a permit shall be issued by the
Animal Control AuthorityGrand Island Humane Society and a copy of the permit shall be sent to the Grand
Island City Clerk and to the Grand Island Police Department.
§5-34.2. Animals Used and Trained for Law Enforcement; Exemption
Any animal used by law enforcement agencies including but not limited to the City of Grand
Island Police Department, the Hall County Sheriff's Department or the Nebraska State Patrol shall be
exempted fro m the provisions of the Grand Island City Ordinances including the Animal Running at Large
and Dangerous Dogs Ordinances while such animal is being trained or used for law enforcement purposes.
§5-35. Isolation of Female Animals in Heat
No owner of a female cat or dog in heat shall fail to take reasonable measures to isolate said
female from male cats and dogs to prevent contact with such male animals except for planned breeding.
§5-36. Dangerous Animals or Potentially Dangerous Animals on Owner's Property
(A) While unattended on the owner's property, a dangerous or potentially dangerous animal shall
be securely confined, in a humane manner, indoors or outdoors in a securely enclosed and locked pen or
structure suitably designed to prevent the entry of young children and to prevent the animal from escaping.
The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured
to the sides, the sides shall be embedded into the ground at a depth of at least one foot. The pen or structure
shall also protect the animal from the elements. The owner of a dangerous animal shall post a warning signs
on the property where the animal is kept that areis clearly visible from all areas of public access and that
informs persons that a dangerous animal is on the property. Each warning sign shall be no less that ten
inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast
lettering at least three inches high on a black background.
(B) All pens or structures for confining dangerous animals or potentially dangerous animals
constructed after November 1, 2008May 1, 1997 shall be at least ten five (105.0) feet from any privately-
owned property abutting the animal owners' property.
§5-37. Dangerous Animals Restraint; Impoundment; Confiscation
(A) No owner of a dangerous or potentially dangerous animal shall fail to keep such animal
securely muzzled and restrained by a leash or chain whenever off the owner's property.
(B) Any dangerous animal or potentially dangerous animal in violation of §5-36 or §5-37 of the
Grand Island City Code may be immediately impounded by animal control humane society officers. The
owner shall be responsible for the costs incurred by the Animal Control Authorityhumane society for the
ORDINANCE NO. 9200 (Cont.)
care of the dangerous or potentially dangerous animal confiscated by the Animal Control Authorityhumane
society or for the destruction of any dangerous or potentially dangerous animal if the action by the Animal
Control Authorityhumane society is pursuant to law.
(C) In the event an animal conforming to the definition of dangerous or potentially dangerous
animal inflicts an injury on a human being that does not require medical treatment, injures a domestic
animal, or threatens the safety of humans or domestic animalsbites or inflicts a wound on a human or
domestic animal, the potentially dangerous animal shall be immediately confiscated by an animal control
humane society officer, placed in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner.
(D) An animal conforming to the definition of dangerous animal shall be immediately confiscated
by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in
an expeditious and humane manner.
(E) Disposition of any dangerous animal or potentially dangerous animal impounded under this
chapterfor violation of §5-36 or §5-37 shall be governed by §5-44.
§5-38. Animal Noise
(A) No owner shall allow conditions to exist on said owner's property whereby the owner's animal
or animals annoy or disturb any neighborhood or any person by loud, continuous, or frequent barking,
howling, yelping, or crowing.
§5-39. Pet Excreta; Removal by Owner
The owner of any animal which deposits excreta on public property, or private property, shall be
responsible for its removal. It shall be a violation of this section for the owner to fail to immediately
remove such excreta when notified of its existence and location, either by the City or by the owner of the
property on which the excreta was deposited.
§5-40. Wild Animals Prohibited
(A) No person shall keep, or permit to be kept on their residential premises any wild animal as a
pet, for display, or for exhibition purposes, except as those on an Approved Animal List to be promulgated
and adopted by the Animal Advisory Board and approved by the Mayor and City Council. Copies of the
Approved Animal List shall be on file with the City Clerk and the Animal Control Authorityhumane
society, and shall be available for public inspection.
(B) No person or commercial animal establishment shall offer any wild animal for sale unless
included on the Approved Animal List.
(C) The owner of any wild animal listed on the Approved Animal List over the age of six (6)
months shall pay an annual wild animal license fee as adopted by the humane society board and identified
in the City of Grand Island Fee Schedule. The annual wild animal license, as provided in this section, shall
be for the period of January 1 through December 31 of the licensing year. The wild animal license provided
for by this section shall be secured by each owner or new resident within thirty (30) days of establishing
residency in the City or after acquiring said animal, notwithstanding the fact that the wild animal may have
been registered within the annual period by a previous owner or that the wild animal may have been
registered in another authority other than the City of Grand Island. The wild animal license fee shall
become due on January 1 of the licensing year and shall become delinquent on March 1 of each year.
(D) In the event a person wishes to keep or permit to be kept on his residential premises, any wild
animal not listed on the Approved Animal List, application in writing may be made to the Animal Advisory
Board for adding said species to the Approved Animal List. The primary factor to be considered by the
Animal Advisory Board in adding a species to the Approved Animal List shall be whether allowing
animals of said species to be kept within the corporate limits of the City of Grand Island presents a risk to
public health, safety and welfare or the health, safety and welfare of other species already allowed to be
kept as pets.
§5-41. Swine Prohibited
No person shall keep or maintain swine, including the species known as miniature potbellied pigs,
on his or her residential premises within the City.
§5-41.1. Roosters Prohibited
No person shall keep or maintain roosters on his or her property within the city, except for
commercial retail establishments who offer live fowl or chickens for retail sale, and governmental and/or
ORDINANCE NO. 9200 (Cont.)
non-profit educational facilities.
§5-42. Impoundment of Animals at Large
All animals not under restraint may be taken into custody by any animal controlpolice officer or
humane society officer and impounded in the animal shelter and there confined in a humane manner.
§5-43. Rabies Control; Reporting and Impoundment
(A) Any unvaccinated dog or cat suspected of biting or scratching any person or exposing an
individual to the possibility of contracting rabies shall be taken into custody by an animal control humane
society officer or police officer and impounded in the animal shelter for a period of not less than ten days,
or such additional period as directed by a licensed veterinarian or medical professional treating the
aforementioned injury.
(B) Any dog or cat currently vaccinated for rabies which is suspected of biting or scratching any
person shall be confined by the owner of the animal for a period of not less than ten days; provided, that
impoundment in the animal shelter shall be required if the victim, victim's legal guardian, or the victim's
physician requests such impoundment; and provided further, that if said owner has on any prior occasion of
a dog or cat bite or scratch, failed or refused to confine the animal as required by this section, said animal
shall be impounded at the animal shelter or a veterinary clinic of the owner's choosing.
(C) Any ferret suspected of biting any person or exposing an individual to the possibility of
contracting rabies shall be taken into custody by an animal control humane society officer or police officer
for immediate euthanization for the determination of rabies. Any ferret suspected of scratching any person
shall be taken into custody by an animal control humane society officer or police officer for immediate
euthanization for determination of rabies if there is reasonable cause to believe said ferret has exposed such
person to the possibility of contracting rabies.
(D) No owner of an animal suspected of biting or scratching any person, upon information and
notice of the incident, shall fail or neglect to immediately place the animal in the custody of an animal
controlthe humane society officer or police officer for impoundment at the animal shelter. Upon request
and authorization by the owner of any animal impounded for observation under subsections (A), (B) or (C)
above, said animal may be placed in the custody of a licensed veterinarian for the requisite observation
period.
(E) All incidents of biting or scratching shall be reported in writing to the Animal Control
Authorityhumane society by the medical professional treating the injury, the injured party, or in the case of
a minor child, the parent or guardian.
(F) The term "scratching" as used in this section shall include only those incidents which result
from known or suspected aggressive action or attack by a dog, cat or ferret.
§5-44. Impounded Animals; Disposition
(A) All domestic animals impounded pursuant to §5-42 shall be retained until redeemed by their
owner upon payment of an impoundment fee as adopted by the humane society board and identified in the
City of Grand Island Fee Schedule.
(AB) All animals that are not domestic animals, including but not limited to feral cats, may be
humanely euthanized as soon as they are captured or otherwise taken into custody.
(BC) All animals impounded pursuant to §5-43 and not euthanized shall be retained until
completion of the observation period and the determination by a licensed veterinarian that said animal is
not infected with rabies, and then may be redeemed by its owner upon payment of the fees for
impoundment and cost of care as adopted by the Animal Control Authorityhumane society board and
identified in the City of Grand Island Fee Schedule. Any domestic animal not claimed within three (3)
clear working days after being impounded or such extended period as is granted in writing by the Animal
Control Authority to allow the animal’s owner to construct a pen or structure in conformance with §5-36
shall become the property of the Animal Control Authority and may be placed for adoption or humanely
euthanized by said agency at its discretion.
(C) Any animals determined to have rabies by a licensed veterinarian shall be destroyed as soon
as possible after that determination is made.
(D) All domestic animals impounded pursuant to other sections of this Chapter shall be retained
until redeemed by their owner upon payment of fees for impoundment and cost of care in an amount
adopted by the Animal Control Authority and identified in the Grand Island Fee Schedule. Any domestic
animal not claimed within three (3) clear working days after being impounded or such extended period as is
ORDINANCE NO. 9200 (Cont.)
granted in writing by the Animal Control Authority to allow the animal’s owner to construct a pen or
structure in conformance with §5-36 shall become the property of the Animal Control Authority and may
be placed for adoption or humanely euthanized by said agency at its discretion. The foregoing time period
shall not include the day of impoundment.
(D) Any domestic animal not claimed by its owner within three clear working days after being
impounded under §§5-42 or 5-43, shall become the property of the contracting agency and may be placed
for adoption or humanely euthanized by said agency at its discretion. The foregoing time period shall not
include the day of impoundment.
(E) Any animals determined to have rabies by a licensed veterinarian shall be destroyed as soon
as possible after that determination is made.
(F) All domestic animals impounded shall be retained until redeemed by their owner upon
payment of fees for impoundment and cost of care in an amount adopted by the humane society board and
identified in the Grand Island Fee Schedule. Any domestic animal not claimed within three (3) clear
working days after being impounded or such extended period as is granted in writing by the contracting
agency to allow the animal’s owner to construct a pen or structure in conformance with §5-36 shall become
the property of the contracting agency and may be placed for adoption or humanely euthanized by said
agency at its discretion. The foregoing time period shall not include the day of impoundment.
(EG) No dog or cat impounded under this Chapter§5-37, §5-42 or §5-43 shall be released until
said animal is vaccinated and licensed as required by the provisions of this ordinance.
Article VII. Penalties
§5-45. General Penalty
Any person violating any provision of this chapter shall be fined pursuant to §1-7 of this code. If
a violation is of a continuing nature, each day of the violation shall constitute a separate violation.
§5-46. Nuisance
Any owner or any person in possession of any animal regulated by this chapter who fails to care
for and control said animal shall be deemed to be maintaining a nuisance subject to abatement pursuant to
§20-15 of the Grand Island City Code upon written request by the Director of the Department of Health, the
Grand Island Police Department, or an animal control officerthe Director of the Humane Society, or the
Code Enforcement Officer to the City Attorney, the abatement of which shall be the forfeiture of the
animal or animals in violation. The procedure for abatement of nuisances set forth in §20-15 of the Grand
Island City Code shall be followed in all cases not involving an imminent threat to public health, safety or
welfare or the health, safety or welfare of the animal or animals in violation.
In the event continuation of a public nuisance might cause irreparable harm or poses a serious
threat to public health, safety or welfare or the health, safety or welfare of residents of the property in
violation, the written notice to abate pursuant to §20-15 of the Grand Island City Code shall not be required
as a condition precedent to commencing a legal action to obtain abatement of the nuisance and the City of
Grand Island, with the consent of the Mayor, may immediately file an action requesting such temporary or
permanent order as is appropriate to expeditiously and permanently abate said nuisance and protect the
public health, safety or welfare or the health safety or welfare of the residents of the property in violation.
Article VIII. Appeal Procedure
§5-47. Dangerous and Potentially Dangerous; Declaration; Appeal; Disposition
(A) If it shall appear to an animal control officerthe Director of the Humane Society that any
animal conforms to the definition of a dangerous animal or potentially dangerous animal, written notice
declaring the animal a dangerous or potentially dangerous animal shall be delivered to the animal’s owner
either by personal service or by mail addressed to the last known address of said owner.
(B) In the case of a dangerous animal, within five (5) days of personal service or mailing of a
notice of declaration to the animal’s owner said owner shall deliver said animal to the Animal Control
Authority for impoundment and disposition pursuant to §5-37. In the case of aor potentially dangerous
animal, within five (5) days of personal service or mailing of a notice of declaration to the animal’s owner
said owner shall either provide reasonable proof of compliance with §5-36 and §5-37 of the Grand Island
City Code or shall deliver said animal to the Animal Control AuthorityHumane Society for impoundment
and disposition pursuant to §5-37(B). Refusal or failure by the owner of any animal declared a dangerous
ORDINANCE NO. 9200 (Cont.)
animal or potentially dangerous animal to comply with this subsection shall be a violation of the Grand
Island City Code and shall be subject to abatement as a public nuisance pursuant to §5-46.
(C) The owner of any animal declared a potentially dangerous animal or dangerous animal by an
animal control officerthe Director of the Humane Society may appeal the Director’s decision to the Animal
Advisory Board by submitting a letter of appeal to the Animal Control AuthorityDirector within 72 hours
of either receiving personal service or mailing of the written notice of declaration. The Animal Advisory
Board shall hold a hearing within ten (10) days of delivery of the letter of appeal to the AuthorityDirector.
The hearing shall be conducted informally. The animal’s owner and Animal Control AuthorityDirector of
the Humane Society shall present oral or written statements or reasons supporting or opposing the
declaration to the Animal Advisory Board. Statements by each participant shall be limited to a total time of
one hour or less. Upon conclusion of the hearing the Animal Advisory Board may reverse, modify or affirm
the declaration of the animal control officerDirector. Notice of the determination of the Animal Advisory
Board shall be given to the animal’s owner and the Animal Control AuthorityDirector of the Humane
Society, either personally or by United States Mail.
SECTION 2. Chapter 5 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or
phrase of this ordinance shall not affect the validity or enforceability of any other section,
subsection, sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from
and after its passage and publication in pamphlet form within fifteen days as provided by
law.
Enacted: November 18, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
November 14, 2008 ¤ City Attorney
Item G1
Approving Minutes of November 4, 2008 City Council Regular
Meeting
Tuesday, November 18, 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
November 4, 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 November 4, 2008. Notice of the meeting was given in The Grand Island Independent
on October 29, 2008.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Councilmember’s Haase, Zapata, Gericke, Carney, Gilbert, Ramsey, Niemann, and
Meyer. Councilmember’s Nickerson and Brown were absent. The following City Officials were
present: City Administrator Jeff Pederson, Deputy City Clerk Paul Briseno, Finance Director
David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady, followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Sammy Saiyavongsa, Kayla Harris, and Michael Rivera.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “National Adoption Month” November, 2008. Mayor Hornady proclaimed the
month of November, 2008 as “National Adoption Month”. Yolanda Nuncio representing the
Department of Health and Human Services was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing for a Community Development Block Grant Economic Development Project
Infrastructure Grant Joni Kuzma, Community Development Administrator presented the
Community Development Block Grant to Council. The requested $506,000 grant was from the
Nebraska Department of Economic Development which would be conditionally granted to
Project Amada for Economic Development Project Infrastructure required for the attraction of a
metal manufacturing business. The project would result in the creation of 50 full-time equivalent
positions of which 51% will be held by or made available to low to moderate income persons.
Notice of the public hearing was given in The Grand Island Independent on October 25, 2008.
Staff recommended approval contingent upon final inspections. Marlan Ferguson of 2808
Apache Road spoke to this issue as the Economic Development Director. No further public
testimony was heard.
ORDINANCES
#9198 – Consideration of Annexation Property Located at 908 East Capital Avenue
(Second Reading)
Motion by Meyer, second by Gericke to approve Ordinance #9198 on second reading. Upon roll
call vote, all voted aye. Motion adopted.
Page 2, City Council Regular Meeting, October 14, 2008
CONSENT AGENDA: Motion by Zapata, second by Haase to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 28, 2008 City Council Regular Meeting.
#2008-312 – Approving Community Development Block Grant Economic Development Project
Infrastructure Grant.
#2008-313 – Approving Bid Award for Boiler Penthouse Roof Replacement at Platte Generating
Station with Weathercraft Company of Grand Island, Nebraska in an Amount of $71,176.09.
#2008-314 – Approving Bid Award for Diesel Generator at Platte Generating Station with
Nebraska Machinery Company of Omaha, Nebraska in an Amount of $661,377.70.
#2008-315 – Approving Bid Award for Coal Supply at Platte Generating Station for 2009 and
2010 with Arch Coal Sales of St. Louis, Missouri.
#2008-316 – Approving Tree Trimming Contract 2009-TT-1 Utilities Department for the
following: Tom’s Tree Service of Grand Island, Nebraska for Section 21 in an Amount of
$9,800.00; Sheffield Tree Service of Grand Island, Nebraska for Sections 1, 7, 12, 13, 14 and 20
in an Amo unt of $42,000.00: Leetch Tree Service of Grand Island, Nebraska for Sections 2, 3, 4,
5, 6, 8, 10, 11, 15, 16, 18, 19, and 22 in an Amount of $69,680.00; and Asplundh Tree Experts of
Willow Grove, Pennsylvania for Sections 9 and 17 in an Amount of $20,809.17.
#2008-317 – Approving Bid Award for Electrical Project 2009-TS-1 Transformer Storage Area
at Burdick Station with The Diamond Engineering Company of Grand Island, Nebraska in an
Amount of $64,555.00.
#2008-318 – Approving Subordination Agreement on Lot 1, Platte Industrial 6th Subdivision
(Economic Development Corporation)
PAYMENT OF CLAIMS:
Motion by Haase, second by Zapata to approve the Claims for the period of October 29, 2008
through November 4, 2008, for a total amount of $1,207,855.15. Motio n adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 7:25 p.m.
Paul Briseno
Deputy City Clerk
Item G2
#2008-319 - Approving Final Plat and Subdivision Agreement for
Aguilar Subdivision
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 18, 2008
Subject: Aguilar Subdivision – Final Plat
Item #’s: G-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This final plat proposes to create 3 lots north of 6th Street and East of Beal Street. City
Sewer and Water are available to these lots. All of the lots front onto existing public
right-of-way. The property is zoned R4 - High Density Residential Zone.
Discussion
The final plat for Aguilar Subdivision was considered by the Regional Planning
Commission at the November 5, 2008 meeting. A motion was made by Heineman, and
seconded by Ruge, to approve the plat as presented. A roll call vote was taken and the
motion carried with 10 members present voting in favor (Amick, O’Neill, Ruge, Hayes,
Reynolds, Monter, Eriksen, Bredthauer, Heineman, and Snodgrass).
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Aguilar Subdivision Final Plat Summary
Developer/Owner
Grand Island Area Habitat for Humanity, Inc
Dana Jelinek, Executive Director
410 West 2nd Street
Grand Island, NE 68801
3 Lots North of 6th Street and East of Beal Street.
Size: .629 acres
Zoning R4 – High Density Residential Zone.
Road Access: Public City Streets, no new streets
Water Public: City Water is available to all lots.
Sewer Public: City Sewer is available to all lots.
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-319
WHEREAS, Grand Island Area Habitat Area for Humanity Inc., being the owner of the
land described hereon, has caused to be laid out into three (3) lots, a tract of land comprising all of
Fractional Lots Six (6), Seven (7) and Eight (8), in Fractional Block One (1), Evans Addition, together with
the Easterly One Half (1/2) of Vacated Evans Street lying west of and adjacent to Fractional Lot Six (6),
Fractional Block One (1), Evans Addition and the northerly One Half (1/2) of that portion of Vacated East
Sixth (6th) Street, lying south of and adjacent to Fractional Lots Six (6), Seven (7) and Eight (8), Fractional
Block One (1), Evans Addition, and all of Fractional Lots Five (5), Six (6) and Seven (7), in Fractional
Block Eight (8), Lambert’s Addition, together with the Easterly One Half (1/2) of that portion of Vacated
Evans Street, lying west of and adjacent to Fractional Lot Five (5), Fractional Block Eight (8), Lambert’s
Addition, all in the city of Grand Island, Nebraska, under the name of AGUILAR SUBDIVISION, and has
caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of the
property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of AGUILAR SUBDIVISION, as made
out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island,
Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item G3
#2008-320 - Approving Final Plat and Subdivision Agreement for
Memorial Place Subdivision
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 18, 2008
Subject: Memorial Drive Subdivision – Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This final plat proposes to create 3 lots South of Memorial Drive and East of Vine Street.
City Sewer and Water are available to these lots. This land consists of approximately
1.255 acres.
Discussion
The final plat for Memorial Drive Subdivision was considered by the Regional Planning
Commission at the November 5, 2008 meeting. A motion was made by Ruge, and
seconded by Eriksen, to approve the plat as presented. A roll call vote was taken and the
motion carried with members present voting in favor (Amick, O’Neill, Erkisen, Monter,
Reynolds, Ruge, Hayes, Bredthauer, Heineman, and Snodgrass).
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Memorial Drive Subdivision Final Plat Summary
Developer/Owner
Tim Plate
620 North Webb Road
Grand Island NE 68803
3 Lots South of Memorial Drive and East of Vine Street.
Size: 1.255 Acres
Zoning: RO (Residential Office Zone)
Road Access: Public City Streets, no new streets
Water Public: City Water is available to all lots.
Sewer Public: City Sewer is available to all lots.
R E S O L U T I O N 2008-320
WHEREAS, Tim C. Plate, being the owner of the land described hereon, has caused to be
laid out into three (3) lots, a tract of land comprising a part of Lot Six (6) and all of Lot Seven (7) in Block
Four (4), Meves First Addition along with that portion of Vacated Alley lying south of and adjacent thereto,
and a part of Blocks Three (3) and Four (4), Koehler Subdivision, all in the City of Grand Island, Hall
County, Nebraska, under the name of MEMORIAL DRIVE SUBDIVISION, and has caused a plat
thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of the
property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of MEMORIAL DRIVE
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2008-321 - Approving Amendment to the Agreement with
Aquaterra Environmental Solutions, Inc. for Major Permit
Modifications at the Solid Waste Landfill
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 18, 2008
Subject: Approving Amendment to the Agreement with Aquaterra
Environmental Solutions, Inc. for Major Permit
Modifications at the Solid Waste Landfill
Item #’s: G-4
Presenter(s): Steven P. Riehle, Public Works Director
Background
On August 19, 2008 the City of Grand Island entered into an agreement for Professional
Services with Aquaterra Environmental Solutions, Inc. for consulting services related to
major permit modifications at the Solid Waste Landfill. The agreement provided
technical work to revise the current permitted 6.5:1 final closure contours to a proposed
4:1 contour. The permit modification will gain approximately five years of disposal
capacity, which is conservatively estimated at $5 million.
Any amendments to the agreement must be approved by council.
Discussion
The original space design did not include the southwest portion of Cell 3 in Phase I in the
disposal area. Through working with the Army Corp. of Engineers, Aquaterra was able to
obtain permission, should we decide to proceed, to add the southwest portion of Cell 3 in
Phase I. By adding this portion, the City could gain an estimated 350,000 cubic yards
(over 2 years of additional air space) on top of the 850,000 cubic yards gained from the
side slope modification in the original agreement.
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
Public Works Administration recommends that the Council approve the amendment to
the agreement with Aquaterra Environmetal Solutions, Inc. for Professional Services
related to Major Permit Modifiations at the Solid Waste Landfill with work being
performed at actual costs with a maximum amount of $18,200.00
Sample Motion
Move to approve the amendment to the agreement.
City of Grand Island AGREEMENT AMENDMENT NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: November 18, 2008
PROJECT : Professional Services Related to Major Permit Modifications at the Solid Waste Landfill
CONSULTANT: Aquaterra Environmental Solutions, Inc.
AGREEMENT DATE: August 19, 2008
Provide Professional Services for a major permit modification for the development of the southwest
portion of Cell 3 in Phase I to gain an estimated 350,000 cubic yards (over 2 years of additional
airspace) on top of the 850,000 cubic yards gained from the side slope modification, in the original
agreement, for a total cost not to exceed $18,200.00.
The changes result in the following adjustment to the Agreement Amount:
Agreement Price Prior to This Amendment ………………………………………………………$39,736.00
Net Increase/Decrease Resulting from this Amendment………………………………………..$18,200.00
Revised Contract Price Including this Change Order……………………………………………$57,936.00
Approval Recommended:
By_______________________________________
Steven P. Riehle, Public Works Director
Date
The Above Amendment Accepted: Approved for the City of Grand Island:
Aquaterra Environmental Solutions, Inc. By_________________________________
Consultant Margaret Hornady, Mayor
By Attest: ____
Douglas L. Doerr, P.E. RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form:
By_______________________________________
Wes Nespor, Asst. City Attorney
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-321
WHEREAS, on July 22, 2008, by Resolution 2008-195, the City Council of the City of
Grand Island approved the proposal of Aquaterra Environmental Solutions, Inc. to provide consulting
services for Major Permit Modifications at the Solid Waste Landfill; and
WHEREAS, it is now necessary to add the southwest section of Cell 3 to Phase I; and
WHEREAS, Aquaterra Environmental Solutions, Inc. has agreed to perform these services
at actual costs not to exceed $18,200.00; and
WHEREAS, Amendment #1 to the Agreement for Engineering Services has been reviewed
and approved by the City Attorney’s office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the 1st Amendment Agreement for Consulting
Services by and between the City and Aquaterra Environmental Solutions, Inc. is hereby approved to
include the southwest section of Cell 3 in Phase I for consulting services related to the Major Permit
Modifications at the Solid Waste Landfill.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2008-322 - Approving Change Order No. 1 for Street
Improvement Project No. 2008-P-4; Concrete Pavement Repair on
the Northbound Lanes of US Highway 281 from Old Potash
Highway to Capital Avenue
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 18, 2008
Subject: Approving Change Order No. 1 for Street Improvement
Project No. 2008-P-4; Concrete Pavement Repair on the
Northbound Lanes of US Highway 281 from Old Potash
Highway to Capital Avenue
Item #’s: G-5
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Diamond Engineering Co. of Grand Island, Nebraska was awarded a $153,620.00
contract on September 9, 2008. The contract was for concrete repair on the northbound
lanes of US Highway 281 from Old Potash Highway to Capital Avenue.
Discussion
During the removal of the specified sections of pavement needing repair on US Highway
281 the abutting sections were found to be in bad shape, therefore requiring repair also.
The quantities of repair have increased by 371.80 square yards.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 1 for
Concrete Pavement Repair Project No. 2008-P-4.
Sample Motion
Move to approve Change Order No. 1 for Concrete Pavement Repair Project No. 2008-P-
4.
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: November 18, 2008
PROJECT: Concrete Pavement Repair Project No. 2008-P-4
CONTRACTOR: The Diamond Engineering Company
CONTRACT DATE: September 11, 2008
During the removal of the specified sections of pavement needing repair on US Highway 281 the abutting
sections were found to be in bad shape, therefore requiring repair also.
Quantity Unit Price Total Price
1. Concrete Pavement Repair, Class 47BD 362.80 s.y. $49.80 $18,067.44
Right Lane
2. Concrete Pavement Repair, Class 47BD 9.00 s.y. $89.80 $ 808.20
Both Lanes-Full Depth
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order ......................................................................................$153,620.00
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 18,875.64
Revised Contract Price Including this Change Order .......................................................................$172,495.64
Approval Recommended:
By_______________________________________
Steven P. Riehle, Public Works Director
Date
The Above Change Order Accepted: Approved for the City of Grand Island:
The Diamond Engineering Co._____ By_________________________________
Contractor Margaret Hornady, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-322
WHEREAS, on September 9, 2008, by Resolution 2008-242, the City of Grand Island
awarded The Diamond Engineering Co. of Grand Island, Nebraska the bid in the amount of $153,620.00
for Concrete Pavement Repair Project No. 2008-P-4; and
WHEREAS, it has been determined that modifications to the work to be performed by The
Diamond Engineering Co. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, it is recommended that modifications to the work to be done by The Diamond
Engineering Co. are necessary; and
WHEREAS, the result of such modifications will increase the contract amount by
$18,875.64 for a revised contract price of $172,495.64,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City Of Grand Island and The Diamond Engineering
Co. of Grand Island, Nebraska to provide the modifications set out as follows:
Quantity Unit Price Total Price
1. Concrete Pavement Repair, Class 47BD 362.80 s.y. $49.80 $18,067.44
Right Lane
2. Concrete Pavement Repair, Class 47BD 9.00 s.y. $89.80 $ 808.20
Both Lanes – Full Depth
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2008-323 - Approving Change Order No. 1 for Water Main
District 453T, Sanitary Sewer District 522T and Sanitary Sewer
Lift Station #22
Tuesday, November 18, 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: November 18, 2008
Subject: Approving Change Order No. 1 for Water Main District
453T, Sanitary Sewer District 522T and Sanitary Sewer
Lift Station #22
Item #’s: G-6
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Diamond Engineering Co. of Grand Island, Nebraska was awarded a $316,385.84
contract on October 9, 2007. The contract was for the installation of water mains, sanitary
sewer lines and a sanitary lift station. The work is located in the northeast part of the City
of Grand Island, across a portion of the Central Nebraska Regional Airport. The project
commenced at Sky Park Road, approximately one half (1/2) mile north of Capital
Avenue. The alignment runs northeasterly along the southerly side of the Airport to a
point on the westerly side of the Grand Island Army Aviation Support Facility at the
northeast corner of Shady Bend Road and Airport Road.
Discussion
After installation of sanitary lift station #22 sandfill was required to fill in the area around
the lift station and also to raise the utility transformer pad.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 1 for Water
Main District 453T, Sanitary Sewer District 522T and Sanitary Sewer Lift Station #22.
Sample Motion
Move to approve Change Order No. 1 for Water Main District 453T, Sanitary Sewer
District 522T and Sanitary Sewer Lift Station #22.
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: November 18, 2008
PROJECT: Water Main District 453T, Sanitary Sewer District 522T and Sanitary Sewer Lift Station #22
CONTRACTOR: The Diamond Engineering Company
CONTRACT DATE: October 23, 2007
After installation of sanitary lift station #22 sandfill was required to fill in the area around the lift station and also
to raise the utility transformer pad.
· 404.37 Ton of Sandfill @ $4.00 per ton ………………………………………………………..$ 1,617.48
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order ......................................................................................$316,385.84
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 1,617.48
Revised Contract Price Including this Change Order .......................................................................$318,003.32
Approval Recommended:
By_______________________________________
Steven P. Riehle, Public Works Director
Date
The Above Change Order Accepted: Approved for the City of Grand Island:
The Diamond Engineering Co._____ By_________________________________
Contractor Margaret Hornady, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form ¤ ___________
November 14, 2008 ¤ City Attorney
R E S O L U T I O N 2008-323
WHEREAS, on October 9, 2007, by Resolution 2007-254, the City of Grand Island
awarded The Diamond Engineering Co. of Grand Island, Nebraska the bid in the amount of $316,385.84
for Water Main District 453T, Sanitary Sewer District 522T and Sanitary Sewer Lift Station #22; and
WHEREAS, it has been determined that modifications to the work to be performed by The
Diamond Engineering Co. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, it is recommended that modifications to the work to be done by The Diamond
Engineering Co. are necessary; and
WHEREAS, the result of such modifications will increase the contract amount by
$1,617.48 for a revised contract price of $318,003.32,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City Of Grand Island and The Diamond Engineering
Co. of Grand Island, Nebraska to provide the modifications set out as follows:
· 404.37 Ton of Sandfill @ $4.00 per ton …………………………………………..$ 1,617.48
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2008-324 - Approving Rescission of Resolution 2008-207; No
Parking Zone on the West Side of Greenwich Street from Second
Street to the Alley One Half Block North
Tuesday, November 18, 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: November 18, 2009
Subject: Approving Rescission of Resolution 2008-207; No
Parking Zone on the West Side of Greenwich Street from
Second Street to the Alley One Half Block North
Item #’s: G-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
City Council approved Resolution 2008-207 at the request of the Nebraska Department of
Roads (NDOR) in connection with the detour for the project to widen US Highway 30
(2nd Street).
Discussion
The water main work has been completed on the north side of Second Street at Clark
Street, therefore traffic will again be detoured north at Clark Street. The parking
restrictions on west side of Greenwich Street from Second Street to the alley one half
block north can be removed.
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 rescission of Resolution
2008-207.
Sample Motion
Move to approve the rescission of Resolution 2008-207.
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-324
WHEREAS, Resolution 2008-207 directed that No Parking be allowed on the west side of
Greenwich Street from Second Street to the alley one half block north; and
WHEREAS, the water main work has been completed on the north side of Second Street
at Clark Street it is recommended Resolution 2008-207 be rescinded.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2008-207 is rescinded.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2008-325 - Approving Certificate of Final Completion for the
Purchase of Furnishings for Building Six (6) Expansion at the
Wastewater Treatment Plant
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 18, 2008
Subject: Approving Certificate of Final Completion for the
Purchase of Furnishings for Building Six (6) Expansion
at the Wastewater Treatment Plant
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
Eakes Office Plus of Grand Island, Nebraska was awarded a $21,684.00 contract on
February 26, 2008. The contract was for the purchase of office furnishings for the
expansion of building six (6) at the Wastewater Treatment Plant.
Discussion
The purchases were completed in accordance with the terms, conditions, and stipulations
of the contract and specifications. It was completed with no overruns at a cost of
$21,684.00.
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
Public Works Administration recommends that the Council approve the Certificate of
Final Completion for the Purchase of Furnishings for Building Six (6) Expansion at the
Wastewater Treatment Plant.
Sample Motion
Move to approve the Certificate of Final Completion for the Purchase of Furnishings for
Building Six (6) Expansion at the Wastewater Treatment Plant.
CERTIFICATE OF FINAL COMPLETION
For the PURCHASE OF FURNISHINGS FOR BUILDING SIX (6) EXPANSION
At
Waste Water Treatment Plant
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Purchase of Furnishings for Building Six (6) Expansion has been
completed by Eakes Office Plus of Grand Island, Nebraska under contract approved by the
City Council on the 26th of February 2008. The work was completed in accordance with the
terms, conditions, and stipulations of said contract and complies with the contract, the plans,
and the specifications. The work is hereby accepted under the provisions of Section 16-650
R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
PURCHASE OF FURNISHINGS FOR BUILDING SIX (6) EXPANSION located at
Waste Water Treatment Plant.
Purchase of:
Furnishings for Building Six (6) Expansion $ 21,684.00
by Eakes Office Plus
TOTAL PURCHASE COST $ 21,684.00
SUMMARY OF OTHER COST
Grand Island Daily Independent – Advertising $ 39.34
TOTAL OTHER COST $ 39.34
TOTAL COST FOR PURCHASE OF FURNISHINGS
FOR BUILDING SIX (6) EXPANSION $ 21,723.34
Respectfully submitted,
Steven P. Riehle, P.E.
City Engineer/Public Works Director
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Purchase of
Furnishings for Building Six (6) Expansion be approved.
Respectfully submitted,
Margaret Hornady
Mayor
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-325
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a
Certificate of Final Completion for the Purchase of Furnishings for Building Six (6) Expansion at the
Wastewater Treatment Plant, certifying that Eakes Office Plus of Grand Island, Nebraska, under contract,
has completed the work; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the
purchase; and
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the
Purchase of Furnishings for Building Six (6) at the Wastewater Treatment Plant is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2008-326 - Approving Certificate of Final Completion for the
Furnishing of WAS Holding Tank Diffusers Project 2008-WWTP-
1 at the Wastewater Treatment Plant
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 18, 2008
Subject: Approving Certificate of Final Completion for the
Furnishing of WAS Holding Tank Diffusers Project
2008-WWTP-1 at the Wastewater Treatment Plant
Item #’s: G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
Stamform Scientific International (SSI Aeration, Inc.) of Poughkeepsie, New York was
awarded a $56,700.00 contract on April 22, 2008. The contract was for the furnishing of
WAS Holding Tank Diffusers, Project 2008-WWTP-1, at the Wastewater Treatment
Plant.
Discussion
The furnishing was completed in accordance with the terms, conditions, and stipulations
of the contract, plans and specifications. It was completed with no overruns at a cost of
$56,700.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Re fer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council approve the Certificate of
Final Completion for the furnishing of WAS Holding Tank Diffusers Project 2008-
WWTP-1.
Sample Motion
Move to approve the Certificate of Final Completion for the furnishing of WAS Holding
Tank Diffusers Project 2008-WWTP-1.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
For the Furnishing of WAS Holding Tank Diffusers
At
Waste Water Treatment Plant
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Furnishing of WAS Holding Tank Diffusers has been completed by
Stamform Scientific International, (SSI Aeration Inc.) of Poughkeepsie, New York under
contract approved by the City Council on April 22, 2008. The work was completed in
accordance with the terms, conditions, and stipulations of said contract and complies with the
contract, the plans, and the specifications. The work is hereby accepted under the provisions
of Section 16-650 R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
PURCHASE OF FURNISHING FOR WAS HOLDING TANK DIFFUSERS is located
at Waste Water Treatment Plant.
Purchase of:
Furnishing of WAS Holding Tank Diffusers
(SSI Aeration, Inc. Diffuser System) $ 53,865.00
(SSI Aeration, Inc. Diffuser System Fin) $ 2,835.00
TOTAL PURCHASE COST $ 56,700.00
TOTAL COST OF FURNISHING
WAS HOLDING TANK DIFFUSERS $ 56,700.00
Respectfully submitted,
Steven P. Riehle, P.E.
City Engineer/Public Works Director
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Furnish of WAS
Holding Tank Diffusers be approved.
Respectfully submitted,
Margaret Hornady
Mayor
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-326
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a
Certificate of Completion for Project No. 2008-WWTP-1, furnishing of WAS Holding Tank Diffusers,
certifying that Stamform Scientific International, (SSI Aeration, Inc.) of Poughkeepsie, New York, under
contract, has completed the furnishing of WAS Holding Tank Diffusers; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the
project; and
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No.
2008-WWTP-1, furnishing of WAS Holding Tank Diffusers is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2008-327 - Approving Certificate of Final Completion for the
Installation of WAS Holding Tank Diffusers Project 2008-WWTP-
2 at the Wastewater Treatment Plant
Tuesday, November 18, 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: November 18, 2008
Subject: Approving Certificate of Final Completion for the
Installation of WAS Holding Tank Diffusers, Project
2008-WWTP-2 at the Wastewater Treatment Plant
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
Industrial Process Technology, Inc. of Mitchell, South Dakota was awarded a $46,268.00
contract on April 22, 2008. The contract was for the installation of the WAS Holding
Tank Diffusers, Project 2008-WWTP-2 at the Wastewater Treatment Plant.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of
the contract, plans and specifications. It was completed with an underrun of $1,040.00,
for a total cost of $45,228.00.
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
Public Works Administration recommends that the Council approve the Certificate of
Final Completion for the installation of WAS Holding Tank Diffusers, Project 2008-
WWTP-2 at the Wastewater Treatment Plant.
Sample Motion
Move to approve the Certificate of Final Completion for the installation of WAS Holding
Tank Diffusers, Project 2008-WWTP-2.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
For the Installation of WAS Holding Tank Diffusers, Project 2008-WWTP-2
At
Waste Water Treatment Plant
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Installation of WAS Holding Tank Diffusers has been completed by
Industrial Process Technology of Mitchell, South Dakota under contract approved by the
City Council on April 22, 2008. The work was completed in accordance with the terms,
conditions, and stipulations of said contract and complies with the contract, the plans, and the
specifications. The work is hereby accepted under the provisions of Section 16-650 R.R.S.,
1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
PURCHASE OF INSTALLATION FOR WAS HOLDING TANK DIFFUSERS located
at Waste Water Treatment Plant.
Purchase of:
Installation of WAS Holding Tank Diffusers
by Industrial Process Technology, Inc. $ 46.268.00
Credit for Services not Required $ 1,040.00
TOTAL PURCHASE COST $ 45,228.00
TOTAL COST OF INSTALLATION OF
WAS HOLDING TANK DIFFUSERS $ 45,228.00
Respectfully submitted,
Steven P. Riehle, P.E.
City Engineer/Public Works Director
November 18, 2008
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Installation of
WAS Holding Tank Diffusers be approved.
Respectfully submitted,
Margaret Hornady
Mayor
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-327
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a
Certificate of Final Completion for Project 2008-WWTP-2, installation of WAS Holding Tank Diffusers,
certifying that Industrial Process Technology, Inc. of Mitchell, South Dakota, under contract, has completed
the WAS Holding Tank Diffusers installation; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the
project; and
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No.
2008-WWTP-2, installation of WAS Holding Tank Diffusers is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2008-328 - Approving Contract for Natural Gas Supply to
Burdick Station
Tuesday, November 18, 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: November 18, 2008
Subject: Award of Natural Gas Supply Contract between the City
of Grand Island and Seminole Energy Services
Item #’s: G-11
Presenter(s): Gary R. Mader, Utilities Director
Background
The Burdick Station power plant generating units are fueled by either fuel oil or natural
gas. The current natural gas supply contract for the Burdick Station Power Plant expires
this Fall. Therefore, bids for continued service were solicited for supply through the 2009
summer season. The Burdick Station generators are most often used to meet summer
peak electric demand, but can also be used other times of the year to meet emergency
conditions. The term of this bid solicitation is through the summer, expiring on
September 30, 2009, a ten month term.
Discussion
The specifications for Natural Gas Supply were advertised and published in accordance
with the City Procurement Code and bid documents were sent to five potential bidders.
The bids were publicly opened at 2:00 pm on November 12, 2008. Two bids were
received as tabulated below.
Seminole Energy Services, Denver, CO
ONEOK Energy Marketing, Tulsa, OK
The Bids were evaluated for contract compliance and delivered cost at the Burdick
Station Power Plant. Since the natural gas usage is for emergency and peaking needs, the
actual amount of gas used under the contract is not known at the time of award. The
contract includes provisions to provide primary firm transport availability through the
contract term, with the gas commodity price determined at the time of use based on price
indices as published daily in an industry publication, Gas Daily Price Guide. Bid
evaluation is based on the previous twelve months of operating history.
Both bidders submitted bids compliant with the contract specifications. Utilities
department staff conducted bid evaluations as described above. The lowest evaluated bid
was received from Seminole Energy Services.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the Natural Gas Supply
Contract to Seminole Energy Services of Denver, CO.
Sample Motion
Move to approve to award the Natural Gas Supply Contract to Seminole Energy Services.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 12, 2008 at 2:00 p.m.
FOR: Natural Gas Supply to Burdick Power Station
DEPARTMENT: Utilities
FUND/ACCOUNT: 520
PUBLICATION DATE: November 4, 2008
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Seminole Energy Services ONEOK Energy Marketing
Holdrege NE Grand Island NE
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist.
P1300
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-328
WHEREAS, the City Electric Department invited bids for Natural Gas Supply Agreement
through September 2009 to the Burdick Station Power Plant, according to the contract specifications on file
at the Utilities Department office; and
WHEREAS, it was stipulated that bid prices and/or final award prices would not be
publicly disclosed; and
WHEREAS, on November 12, 2008 bids were received, opened, and reviewed; and
WHEREAS, Seminole Energy Services, with sales offices in Denver, CO submitted a bid
in accordance with the terms of the advertisement of bids and the contract specifications and all other
statutory requirements contained therein; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Seminole Energy Services, for the
Natural Gas Supply Agreement through September 2009 is approved as the lowest responsive bid
submitted.
BE IT FURTHER RESOLVED, that an agreement between the City and such contractor
be entered into for such project; 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, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2008-329 - Approving Bid Award - Coal Pulverizer Separator
Tops and Classifier Assemblies - Platte Generating Station
Tuesday, November 18, 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: November 18, 2008
Subject: Pulverizer Separator Tops and Classifier Assemblies
Item #’s: G-12
Presenter(s): Gary R. Mader, Utilities Director
Background
The four pulverizers at the Platte Generating Station crush and grind coal into fine
particles for the boiler combustion process. These are the original pulverizers installed at
the plant in 1980. Each pulverizer has seen consistent operation for over 25 years, each
grinding approximately 2,500,000 tons of coal during that time. A result of this operation
is coal erosion to specific pulverizer components. In the pulverizer, there is a separator
section where the ground coal is classified by particle size. Larger particles are returned
to the grinder section, fine particles are transferred to the boiler by a forced air stream for
combustion. At this time, two of the four pulverizer separator tops, and their
corresponding classifier assemblies, are worn beyond additional repair. The plant
maintenance outage planned for this next spring provides an opportunity to replace these
worn components. Therefore, specifications for the replacement pulverizer separator tops
were developed by plant staff. Photos of the separator/classifier section are attached.
Each unit weighs just over two tons.
Discussion
The specifications for the Pulverizer Separator Tops and Classifier Assemblies were
advertised and issued for bid in accordance with the City Purchasing Code. Bids were
publicly opened on November 4, 2008. Specifications were sent to three potential bidders
and responses were received as listed below. The engineer’s estimate for this project was
$200,000.00.
Bidder Bid Price
Southwestern Pulverizer Performance Co. $ 123,400.00
The bid was reviewed by plant staff and is compliant with specifications and less than the
engineer’s estimate.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the Contract for the Pulverizer
Separator Tops and Classifier Assemblies to Southwestern Pulverizer Performance Co. of
Fort Collins, CO, as the low responsive bidder, with the bid price of $123,400.00.
Sample Motion
Move to approve award of the bid of $123,400.00 from Southwestern Pulverizer
Performance Co. for the Pulverizer Separator Tops and Classifier Assemblies as
submitted.
Pulverizer Separator Top and Classifier Assembly
Installed Pulverizer Separator Top and Classifier Assembly
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 4, 2008 at 11:15 a.m.
FOR: Pulverizer Separator Tops and Classifier Assemblies
DEPARTMENT: Utilities
ESTIMATE: $200,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: October 15, 2008
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Southwestern Pulverizer Performance Corporation
Co
Bid Security: Check# 531782
$6,170
Exceptions: None
Bid Price: Material 123,400
Labor n/a
Sales Tax n/a
Base Bid 123,400
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist.
Rodger Zawadniak, PGS Karen Nagel, Utilities Secretary
P1298
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-329
WHEREAS, the City Electric Department invited sealed bids for Coal Pulverizer Separator
Tops and Classifier Assemblies at Platte Generating Station; and
WHEREAS, on November 4, 2008, bids were received, opened and reviewed; and
WHEREAS, Southwestern Pulverizer Performance Company of Ft. Collins, Colorado
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 $123,400.00; and
WHEREAS, the bid of the Southwestern Pulverizer Performance Company, is less than the
estimate for Coal Pulverizer Separator Tops and Classifier Assemblies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Southwestern Pulverizer
Performance Company of Ft. Collins, Colorado, in the amount of $123,400.00 for the Coal Pulverizer
Separator Tops and Classifier Assemblies at Platte Generating Station is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2008-330 - Approving Redevelopment Plan for the CRA Area #2
for Property Located at 2623, 2707 and 2709 South Locust Street
This items relates to the aforementioned Public Hearing Item E-2.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
November 13, 2008 ¤ City Attorney
R E S O L U T I O N 2008-330
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class,
has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City
which are determined to be substandard and blighted and in need of redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska
Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements and procedures for
the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be
substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the
"Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and
recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to
the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the Planning
Commission, the recommendations of the Planning Commission to the City, and following the public hearing
with respect to the Redevelopment Plan, the City approved the Plan; and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such
project to be the development of an 80+ room hotel at 2623, 2707 and 2709 South Locust (see legal
description as show on Exhibit A) in Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant
to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal
to amend the Redevelopment Plan to include the Redevelopment Project described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska:
- 2 -
1. The Redevelopment Plan of the City approved for Redevelopment Area No.2 in the city of Grand
Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby
determined to be feasible and in conformity with the general plan for the development of the City of
Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project
identified above, is in conformity with the legislative declarations and determinations set forth in the
Act; and it is hereby found and determined, based on the analysis conducted by the Authority, that
(a) the redevelopment project in the plan would not be economically feasible without the use of tax-
increment financing, (b) the redevelopment project would not occur in the community
redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the
redevelopment project, including costs and benefits to other affected political subdivisions, the
economy of the community, and the demand for public and private services have been analyzed by
the City and have been found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into the
Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission with respect to the Redevelopment
Contract.
2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this
Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in
accordance with the Act.
3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall be
divided, for a period not to exceed 15 years after the effective date of this provision, which effective
date shall be January 1, 2009 as follows:
a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year
by or for each public body upon the Redevelopment Project Valuation (as defined in the
Act) shall be paid into the funds of each such public body in the same proportion as all
other taxes collected by or for the bodies; and
b. That proportion of the ad valorem tax on real property in the Redevelopment Project in
excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid
into a special fund of the Authority to pay the principal of, the interest on, and any
premiums due in connection with the bonds, loans, notes or advances of money to, or
indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, such Redevelopment Project.
When such bonds, loans, notes, advances of money, or indebtedness, including interest and
premium due have been paid, the Authority shall so notify the County Assessor and County
Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall
be paid into the funds of the respective public bodies.
- 3 -
c. The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of
Pledge of Taxes with respect to each Redevelopment Project.
4. The City hereby finds and determines that the proposed land uses and building requirements in the
Redevelopment Area are designed with the general purposes of accomplishing, in accordance with
the general plan for development of the City, a coordinated, adjusted and harmonious development
of the City and its environs which will, in accordance with present and future needs, promote health,
safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and
economy in the process of development; including, among other things, adequate provision for
traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of population, the
provision of adequate transportation, water, sewerage, and other public utilities, schools, parks,
recreation and community facilities, and other public requirements, the promotion of sound design
and arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
- 4 -
EXHIBIT A
DESCRIPTION OF PREMISES
A tract of land located in Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9)
West of the 6th P.M., Hall County, Nebraska, commencing at a point which is 525 feet North and 33
feet East of the quarter section corner between Sections Twenty-Seven (27) and Twenty-Eight (28) in
Township Eleven (11) North, Range Nine (9) West of the 6th' P.M. running thence North 100 feet
along a line parallel to and 33 feet East of the Section line between Sections Twenty-Seven (27) and
Twenty-Eight (28), thence Easterly at right angles a distance of 361.5 feet, thence Southerly at right
angles a distance of 247.5 feet; thence Westerly at right angles to the Southeasterly corner of the tract
conveyed by the grantor therein named on the 6th day of May 1930 to R.I. Merrick, which deed is
recorded at page 627, in Book 69, from Deed Records in the Office of Register of Deeds, Hall
County, Nebraska thence Northerly along East line of said tract so conveyed to said Merrick to the
Northeasterly corner thereof, thence Westerly along the Northerly line of said tract so conveyed by
grantor to the said Merrick to the place of beginning, expecting a tract of land to the City of Grand
Island, Nebraska more particularly described in Deed recorded as Document No 200008052.
AND
Beginning at a point 377.5 Feet North of and 33 Feet East of the Quarter Section corner between
Sections Twenty-Seven (27) and Twenty-Eight (28), in Township Eleven (11) North, Range Nine
(9) West of the 6th P.M. and running thence North, along a line parallel to and 33 Feet East of the
Section line between said sections Twenty-Seven (27) and Twenty-Eight (28), a distance of 147.5
Feet thence Easterly, at right angles, a distance of 354.65 Feet thence Southerly at right angles, a
distance of 147.3 Feet; thence Westerly at right angles, a distance of 355.9 Feet to the place of
beginning, and being a part of Lot One (1) Mainland in Section Twenty-Seven (27) in Township
Eleven (11) North, Range Nine (9) West of the Sixth P.M., excepting therefrom, the property
described in the Report of Appraisers recorded in Book T, Page 253, of the Miscellaneous Records
in the Office of the Register of Deeds, Hall County, Nebraska.
Item G14
#2008-331 - Approving Community Video Tour Book Agreement
with CGI Communications, Inc.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Paul Briseno, Assist. to City Administrator
City of Grand Island City Council
Council Agenda Memo
From: Paul Briseno, Assistant to the City Administrator
Meeting: November 18, 2008
Subject: Community Video Tour Book Agreement with CGI
Communications, Inc.
Item #’s: G-14
Presenter(s): Paul Briseno, Assistant to the City Administrator
Background
Mayors TV, powered by e•LocalLink, has become the premier provider of streaming web
video to towns small and large across the nation. CGI Communications, Inc., the parent
company of e•LocalLink, provides an end-to-end video solution, from writing scripts to
filming, editing, and host streaming of the video using patent-pending one-click video
technology.
Discussion
The community video tour book is an endorsed program of the U.S. Conference of
Mayors. This program consists of four basic videos each one minute long and eight
additional one minute videos if desired. The four basic videos include a welcome,
overview of education, quality of life, and real estate/relocation for the community of
Grand Island. These videos will showcase the various aspects of the Grand Island
community and the City of Grand Island.
CGI Communications, Inc. is offering the community video tour book at NO COST to
the City of Grand Island. Nebraska participating communities include the cities of Blair,
La Vista, and Omaha. Council can view these videos at
http://www.elocallink.tv/web/main/mayors/map.php
The benefits of CGI Communications video tour book include:
· Script writing and video content consolation
· Video production and editing
· Storage and streaming of all videos on CGI’s dedicated server
· Minimal staff time
· No additional hardware/software
If approved this web service will be launched with the web site upgrade offering our
citizens 24/7 access to the Grand Island community and the City of Grand Island.
When searching Grand Island, Nebraska on the internet the City of Grand Island web site
is the first site to appear. This makes our web site very marketable and allows CGI
Communications, Inc. to offer this service for free to municipalities through the sales of
local sponsorship. CGI Communications, Inc. has a community movie program
sponsorship policy to ensure appropriate sponsorship. To ensure this policy is upheld the
City of Grand Island has oversight of the selected sponsors.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement with CGI Communications, Inc.
2. Disapprove or deny the agreement with CGI Communications, Inc.
3. Take no action on the issue.
Recommendation
City Administration recommends that the City Council approve the Community Video
Tour Book Agreement with CGI Communications, Inc.
Sample Motion
Move to approve the agreement with CGI Communications, Inc. for the Community
Video Tour Book.
CGI Communications
130 E. Main St, 8th Floor
Rochester, NY 14604
Community Movie Program Sponsorship Policy
It is the policy of e-LocalLink/CGI Communications not to solicit or otherwise provide sponsorship
opportunities to any business or organization that may be perceived as offensive or partisan. These types
of establishments include, but are not limited to, adult bookstores/entertainment, pawnshops, and
tattoo/piercing parlors. CGI will also not solicit any political parties and/or organizations.
Additionally, the participating community may advise e-LocalLink/CGI of specific businesses to be
disallowed as sponsors. The participating community must advise e-LocalLink/CGI of this information in
writing PRIOR to the beginning of the sponsorship solicitation campaign.
As a privately owned company, independent of the participating community, e-LocalLink/CGI can
eliminate from consideration those companies and organizations it deems inappropriate. The participating
community is not responsible for actions taken by eLocalLink/CGI in eliminating from consideration
those businesses and organizations eLocalLink/CGI has deemed inappropriate.
Approved as to Form ¤ ___________
November 14, 2008 ¤ City Attorney
R E S O L U T I O N 2008-331
WHEREAS, CGI Communications, Inc. is the parent company of e•LocalLink which
provides streaming web video to municipalities across the nation, and
WHEREAS, CGI Communications, Inc. creates a community video tour book for
municipal web sites which includes eight videos, script writing, video content consolation, video production,
editing, storage and streamlining of all videos on a CGI dedicated server, and
WHEREAS, community videos promote and showcase the various aspects of the Grand
Island community and the City of Grand Island, and
WHEREAS, the U.S. Conference of Mayors endorses the community video tour book
program which has proven successful with other Nebraska municipalities, and
WHEREAS, CGI Communications, Inc. is offering the community video tour book
program at NO COST to the City of Grand Island, and
WHEREAS, the program will offer an additional interactive tool for the web site upgrade to
allow for greater accessibility by citizens, and
WHEREAS, the CGI Communications, Inc. has a community movie program sponsorship
policy and the City of Grand Island will have oversight of community sponsors, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that an agreement between CGI Communications,
Inc. and the City of Grand Island, Nebraska be entered into for the service of Community Video Tour
Book.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 18, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item H1
Approving Request from Mick Brown for Conditional Use Permit
for Temporary Parking Lot Located at 4811 Gold Core Drive
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item H2
Approving Appointment of Troy Hughes as Fire Chief
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Council Agenda Memo
From: Mayor Margaret Hornady
Meeting: November 18, 2008
Subject: Appointment of New Fire Chief
Item #’s: H-2
Presenter(s): Mayor Margaret Hornady
Background
The City of Grand Island has a fire department that employs sixty-nine (69) full-time
people including the Fire Chief. Jim Rowell, who has been the Fire Chief since 1992,
recently retired on October 24, 2008. Curt Rohling has served as the interim Fire Chief
during the search period. This is a Civil Service position. Protocol dictates that the
appointing authority makes a request to the Civil Service to advertise the open position
and then for the Civil Service to forward the applicants that met the position requirements
as eligible to test for the position.
The position was advertised nationally. There were four applicants for the position. Only
one of the four applicants met the requirements of the job description. The applicant that
met the position requirements was approved to be on an eligibility list for testing.
Discussion
The test was administered by the Human Resources Department on November 13, 2008
followed by an interview with me, the City Administrator and the Human Resources
Director. The Civil Service met on November 14, 2008 and reviewed the outcome of the
testing and approved an eligibility list from which I could make an appointment.
I am forwarding Troy Hughes as my appointment to fill the open Fire Chief position.
This appointment requires Council approval and as such I am recommending this action.
Some of the information that I based my decision on is as follows;
Mr. Hughes joined the Grand Island Fire Department on February 2, 1985 as a
Firefighter. In 1992 Troy was promoted to the position of Fire Captain. In 1998 Troy
was promoted to be the Fire Training Officer which today is called the Fire Training
Division Chief.
Troy has shown a great deal of self directed initiative over the past several years to
immerse himself in studies to strengthen his knowledge in the profession. He has
attended the National Fire Academy and is nearing completion of the Executive Fire
Officer Program. In addition, he has acquired a Bachelor of Arts degree in Public
Administration and a Master of Arts Degree in Management with a Leadership Emphasis
from Doane College.
He has involved himself with our community through various boards such as College
Park, Leadership Tomorrow, Big Brother’s/Big Sister’s, and United Way, just to name a
few. Troy has exhibited the ability to set and achieve goals in the workplace as well as in
the community. He has high standards and seems willing to lead by example.
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
I recommend that the Council approve the appointment of Troy Hughes as Fire Chief for
the City of Grand Island.
Sample Motion
Move to approve Troy Hughes as Fire Chief for the City of Grand Island.
Item J1
Approving Payment of Claims for the Period of November 5, 2008
through November 18, 2008
The Claims for the period of November 5, 2008 through November 18, 2008 for a total
amount of $3,548,046.40. A MOTION is in order.
Tuesday, November 18, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council