12-15-2009 City Council Regular Meeting PacketCity of Grand Island
Tuesday, December 15, 2009
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
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation
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
Recognition of Julie Shaver-Frandsen, Utility Technician for 30
Years of Service with the City of Grand Island
The Mayor and City Council will recognize Julie Shaver-Frandsen, Utility Technician at
Burdick Station for 30 Years of Service with the City of Grand Island. Ms. Frandsen was
hired on December 26, 1979 as a Laboratory Technologist and was promoted to her current
position of Utility Technician II on August 1, 1981. We Congratulate Ms. Frandsen for her
dedication and service to the City of Grand Island.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item C2
Presentation of Operations Plan for State Fair Building
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: December 15, 2009
Subject: Presentation of Operations Plan for City/State Fair
Building
Item #’s: C-2
Presenter(s): Steve Paustian, Parks and Recreation Director and
Todd McCoy, Recreation Superintendent
Background
The City of Grand Island is involved in the development of a 70,000 square foot building
as part of the communities commitment to bring the State Fair to Grand Island. This
building will be under the control of the State Fair Board for two months of the year and
will be used by the 4-H and Future Farmers of America Programs during the State Fair.
During the other ten months of the year the building will be the responsibility of and the
operational property of the City of Grand Island.
Discussion
The Park and Recreation Department has developed an operational plan to serve the
community during the ten month period of City control. A power point presentation will
be made during the Tuesday night Study Session that will outline the Park and Recreation
Department's vision for the programing and operation of the building.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting for
the necessary actions to put the plan into operation.
Item C3
Project Progress Update on the Veterans Athletic Field Complex
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: December 15, 2009
Subject: Project Progress Update on the Veterans Athletic Field
Complex
Item #’s: C-3
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
With the State Fair coming to the City of Grand Island it became necessary to move the
existing softball/soccer fields from the new State Fair site. The area where the fields are
currently locatsd will be used for parking during the run of the State Fair. Funding for the
relocation of the athletic fields has been provided for by a $1.6 million commitment by
the City and State Fair.
Discussion
To date many of the items associated with the relocation effort has been completed.
Because of the favorable bids we have received, several options have become available to
enhance the new facility. Those items include increased parking, new lighting for the
softball fields and the opportunity to relocate the existing lights at Fonner to the phase
two portion of the development of new ball fields. Several other items have also come to
light during the constrtuction of the project including the need to lower a Fiber Optic
cable and to increase the acerage of the original irrigation system design. I will detail
these changes at the study session Tuesday night.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to
be answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting for
the actions necessary to complete the project.
Item E1
Public Hearing on Request from Club 69, Inc. dba Club 69, 106
East 3rd Street for a Class "C" Liquor License
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: December 15, 2009
Subject: Public Hearing on Request from Club 69, Inc. dba Club
69, 106 East 3rd Street for a Class “C” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city counc il in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Club 69, Inc. dba Club 69, 106 East 3rd Street has submitted an application for a Class
“C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off
sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
The Police Department report (see attached) recommends Council deny this application
based on the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) for a false
application and Section 53-125 (2) a person who is not of good character and reputation
in the community in which he or she resides based on the following:
1. The owner, Mr. Kallos, has not demonstrated that he is fit, willing and able to
properly provide the service proposed within the City.
2. The owner, Mr. Kallos has not demonstrated the type of management and control
in owning the licensed premise to be sufficient to insure that the licensed business
conforms to the provisions and requirements of the license.
3. There are multiple on sale liquor establishments in Grand Island of which none
demand the level of law enforcement services that Club 69 requires. Club 69
requires the use of additional law enforcement resources because of high calls for
service and crimes generated from the liquor license.
4. The Grand Island Police Department frequently lacks adequate resources to police
Club 69 and respond to the calls for service and crimes generated by the liquor
license.
5. The Club 69 liquor license is not consistent with the public interest.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council deny the application.
Sample Motion
Move to deny the application of Club 69, Inc. dba Club 69, 106 East 3rd Street for a
Class “C” Liquor License based on the following:
1. False application – Nebraska Liquor Control Act (Part II Chapter 2, Section
010.01)
2. Not of good character and reputation in the community – Nebraska Liquor
Control Rules and Regulations Section 53-125 (2) based on the following:
· The owner, Mr. Kallos, has not demonstrated that he is fit, willing and able to
properly provide the service proposed within the City.
· The owner, Mr. Kallos has not demonstrated the type of management and control
in owning the licensed premise to be sufficient to insure that the licensed business
conforms to the provisions and requirements of the license.
· There are multiple on sale liquor establishments in Grand Island of which none
demand the level of law enforcement services that Club 69 requires. Club 69
requires the use of additional law enforcement resources because of high calls for
service and crimes generated from the liquor license.
· The Grand Island Police Department frequently lacks adequate resources to police
Club 69 and respond to the calls for service and crimes generated by the liquor
license.
· The Club 69 liquor license is not consistent with the public interest.
Item E2
Public Hearing on Acquisition of Utility Easement - Southwest
Corner of 1108 Allen Drive - Nebraska Investment Association,
LLC
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: December 15, 2009
Subject: Acquisition of Utility Easement – Southwest Corner of
1108 Allen Drive – Nebraska Investment Association,
LLC
Item #’s: E-2 & G-11
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Nebraska Investment Association, LLC located through a part of Lot Two (2),
Meadowlark West Seventh Subdivision (the southwest corner of 1108 Allen Drive), in
the City of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to place underground primary electric cable and a pad-
mounted transformer to serve the new Verizon Wireless office being constructed on the
site.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E3
Public Hearing on Acquisition of Utility Easement - Fonner Park -
Hall County Livestock Improvement Association
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: December 15, 2009
Subject: Acquisition of Utility Easement – Hall County Livestock
Improvement Association – Fonner Park
Item #’s: E-3 & G-12
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of the Hall
County Livestock Improvement Association located at Fonner Park, in the City of Grand
Island, Hall County, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Discussion
This easement will be used to place high voltage electric cable, conduits and pad-mounted
transformers to provide electrical service to three of the new State Fair buildings.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E4
Public Hearing on Easement Acquisitions for the Electric
Transmission Line Project - St. Libory Loop
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: December 15, 2009
Subject: Easement Acquisitions for the Transmission Line Project
– St. Libory Loop
Item #’s: E-4
Presenter(s): Gary R. Mader, Utilities Director
Background
The Electric Department has electric distribution substations connected at various
distances along a 115 kV transmission loop. The loop generally runs along the outer edge
of the urban area, providing power to the substations and providing power supply
redundancy by use of the looped configuration. A map of the transmission system is
attached for reference. Also attached is a more detailed map of the selected route for the
new transmission line. Substations reduce voltage from the 115,000 volt level to 13,800
volts for distribution to individual customers across the City. Substations E, located north
of Swift on the east side of the loop, and Substation F, located north of Menards on the
west side of the loop, are the newest substatio ns. They were placed in initial service in
2001, and completed in 2007.
Power generation and regional interconnections to Nebraska Public Power District
(NPPD) are concentrated on the south and east side of the transmission system loop. The
northern portion of the transmission loop has no interconnections. And while it can
sustain a single line segment loss contingency, any additional failure could result in loss
of several major substations, resulting in power loss to major portions of the City. With
power plant and regional grid interconnections, the southern portion of the transmission
loop has more redundancy.
Recognizing that the City is continuing to grow, that future transmission line construction
will occur and that reliability improvement is always important, Substations E and F were
constructed with provisions to accept additional 115 kV transmission interconnections. In
the long range plan of the Electric Department, these substations are designed for new
transmission interconnections as future load growth may require.
Advantage Engineering (AE) was contracted in 2006 to perform a Transmission and
Substation System Study for the City of Grand Island Utilities Department (GIUD).
Various alternatives and solutions were ana lyzed for the logical and economic expansion
of GIUD’s 115 kV transmission loop, power interconnections with NPPD, substations,
distribution, and communications. The system study period was ten years (2006 – 2016)
taking into account projected City expansion and load growth. When fully implemented,
the major substation and transmission requirements should be satisfied through 2027.
The Transmission and Substation System Study was completed in 2007 and contained a
detailed analysis of previous studies and reports; surrounding area power provider plans;
state-wide planned improvements; contractual obligations; the City’s comprehensive
development plans; system capabilities and capacities; land use issues; and schedule
related items. The study resulted in recommendations to expand GIUD’s transmission
system to serve load growth and assure reliability. The results of the Transmission and
Substation System Study were initially presented to the Grand Island City Council on
January 8, 2008.
One of the major system improvements identified in the Transmission and Substation
System Study was the need for providing a second 115 kV power supply to GIUD’s
Substation F. In the study it was recommended that a new 115 kV line be constructed to
connect the open 115 kV transmission bay at GIUD’s Substation F to NPPD’s St. Libory
Junction northwest of the City. The new 115 kV line would be approximately seven miles
in length and would require that GIUD select a route for the new line and obtain new
transmission line easements necessary to construct the line. This new transmission line
would improve the reliability of the entire GIUD transmission system by providing an
additional connection to the regional electric grid, to the north.
A comprehensive field study was conducted of the area between the existing GIUD
Substation F and the NPPD St. Libory Junction Substation site. As a result of the field
analysis, five alternate routes were selected and evaluated for the project. The evaluation
of each route included a technical evaluation, a land use evaluation, an environmental
evaluation, and an economic evaluation.
At the April 21, 2008 City Council meeting, the Utilities Department and consulting
engineers made a detailed presentation of the line route evaluation. And at the April 28,
2009 meeting, Council authorized proceeding with the project, including acquisition of
the easements necessary to allow for line construction.
Discussion
State law includes a number of requirements which must be met to acquire easements for
power line construction. Johnson Appraisal, LLC of Lincoln, Nebraska was hired to
complete appraisals for the easements needed for the new line. A certified letter was sent
to each landowner notifying them of the proposed project, describing the property
required for easements, providing a map of the proposed route and advising them of the
date and time of the Public Hearing to be held on the project. Additionally, a Public
Notice was published in the Grand Island Independent on November 25, 2009. The
Public Hearing is required to be held 30 days prior to the beginning of easement
acquisition negotiations with landowners.
Alternatives
State law requires the governing body to give notice to affected land owners and to hear
and consider public comment prior to beginning negotiations but no action item is
required at this time.
Recommendation
City Administration recommends that the Council conduct the legally required public
hearing in order that the Utilities Department may proceed to initiate negotiations for
easement acquisition as required for construction of the line.
Item E5
Public Hearing on Redevelopment Plan for Property Located at
703 South Lincoln Avenue
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: December 15, 2009
Subject: Amendment to Redevelopment Plan for CRA Area #1
Item #’s: E-5 & G-10
Presenter(s): Chad Nabity, AICP CRA Director
Background
In September 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 the acquisition of property, redevelopment of property,
site preparation, landscaping and parking. TIF can also be used for improvements to and
expansion of existing infrastructure including but not limited to: streets, water, sewer,
drainage.
John Schulte Construction (the developer) has submitted a proposed amendment to the
redevelopment plan that would provide for the construction a 4-unit apartment building
this lot. The proposed apartments are each 2 bedroom units with 980 square feet. The
developer is proposing to landscape yard and install an underground sprinkler system.
The CRA reviewed the proposed development plan and forwarded it to the Hall County
Regional Planning Commission for recommendation at their meeting on November 12th.
The CRA also sent notification to the City Clerk of their intent to enter into a
redevelopment contract for this project pending Council approval of the plan amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
ame ndment at a meeting on December 2nd. The Planning Commission approved
Resolution 2010-01 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 4-unit apartment building at this site
and the use of Tax Increment Financing to pay for the cost of acquisition of the property,
demolition and site preparation and necessary utility improvements. 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
$55,525 during this 15 year period. Based on the current tax rate and the project
increment created by this project it is expected that the $55,525 will be collected in just
over 11 years. This project will remove a blighted property from the neighborhood and
replace it with new apartment building. This will result in a net gain of 3 housing units.
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 continue approve the resolution as submitted.
Redevelopment Plan Amendment
Grand Island CRA Area #2
November 2009
Property Description
This property is located at the corner of Anna Street and Lincoln Avenue (W ½ of the W
½ of Block 16 of Windolphs Addition to the City of Grand Island). Property address is
703 S. Lincoln Avenue in Grand Island Nebraska.
Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan
Site Coverage and Intensity of Use
The developer is proposing to a 4 unit apartment building on this lot. The developer is
proposing to landscape the yards and include underground sprinkling. Each unit will
have 2 bedrooms (980 square feet) and it is anticipated that the total occupancy of these
units would range from between 4 and 16 people. The total square footage of the
building will be 3,922 square feet. Allowable coverage on this lot in the R4 High Density
Residential district is 5,544 square feet.
The anticipated value of this development at the time of completion is $293,582.
Changes to zoning, street layouts and grades or building codes or ordinances
The proposed use is permitted in the current zoning district. No changes are anticipated
in street layouts or grades. No changes are anticipated in building codes or ordinances.
Additional Public Facilities or Utilities
Sewer and water are available to support this development. New water and sewer
services will be required for this building. No new mains will be required.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
Time Frame for Development
Development of this project is anticipated to be mostly complete during the 2010
calendar year. The base tax year should be calculated on the value of the property as of
January 1, 2010. Excess valuation should be available for this project for 15 years
beginning with the 2012 tax year. Excess valuation will be paid to the developer’s lender
per the contract between the CRA and the developer for a period not to exceed 15 years
or $55,575.
Clark St S
John St W
Anna St W
Linc
oln A
ve S
Louise St W
E
d
dy St S
G
re
en
wich St S
C harles St W
O klahom a Ave W
Phoenix Ave W
A
da
m
s S
t S
W
ashin
gto
n St SKoenig St W
Cle
burn St S
340 0 340170 Feet
Existing Land Use Map
Agriculture
Residential
Acreage
Commercial
Industrial
Public Uses
Public Open Space
Parks and Red
VACANT
Parcel Proposed TIF Project703 S Lincoln
Wasmer School
Platt-Deutsche
¯
Wasmer School
Platt-Deutsche
703 S. Lincoln
LM
M
PR
P
LM
Lincoln A
v
e S
John St W
Anna St WLouise St W
Clark St S
A
da
m
s S
t S
Gre
e
n
wich St S
W
ashin
gto
n St S
C harles St W
O klahom a Ave W
Phoenix Ave W
E
dd
y St SKoenig St W
±GI City Limits
Future Land Use Map
Landuse
TA - Transitional Agriculture
DC - Down Town Commercial
GC - General Commercial
HC - Highway Commercial
MUC - Mixed Use Commercial
LM - Low to Medium Residential
MHR - Mobile Home
MO - Mixed Use Office
M - Manufacturing
MUM - Mixed Use Manufacturing
P - Public
PR - Parks and Recreation
October 26, 2009 CN
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Wasmer School
Platt-Deutsche
703 S. Lincoln
Lincoln A
v
e S
John St W
Anna St WLouise St W
Clark St S
A
da
m
s S
t S
Gre
e
n
wich St S
W
ashin
gto
n St S
C harles St W
O klahom a Ave W
Phoenix Ave W
E
dd
y St SKoenig St W
Condition of Property
City Limits
Property Condition (Assessors)Condition
Excellent
Very Good
Good
Average/Good
Average
Badly Worn/Average
Badly Worn
Worn Out/Badly Worn
Worn Out
Information Not Available
October 27, 2009 CN
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COMMUNITY REDEVELOPMENT AUTHORITY
CITY OF GRAND ISLAND, NEBRASKA
AREA #2
John Schulte Construction PROJECT
NOVEMBER 2009
COST-BENEFIT ANAYLSIS
(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:
John Shulte Construction is requesting tax increment financing to assist
with the construction and redevelopment of a 4-plex apartment building
at 703 S. Lincoln Avenue. The proposal is to build a single apartment
building with four two-bedroom apartments (980 square feet) on the site.
This project renews the residential use of this property. The property is
currently occupied by a vacant single family house that is considered in
average condition by the assessor’s office, but was recently purchased
for $25,000.
The existing house was built in 1901. The developer has determined that it
is not cost effective to rehabilitate the existing structure. The property is
zoned for residential uses including multifamily uses as proposed. The
proposed use is consistent with the current zoning of the property.
The estimated project costs are $298,240 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 lev y rate is 2.125621
is $73,301. Based on the cost estimates, $55,525 of the expected costs
can be attributed to TIF eligible expenses. It is estimated that TIF will only
be required for a little over 11 years on this project.
A. Tax shifts resulting from the approval of the use of funds pursuant to
Section 18-2147:
a. Redevelopment Project Valuation $63,684
b. Projected Completed Project Assessed Valuation $293,582
c. Projected Tax Increment Base (b. minus a.) $229,898
d. City Tax Levy (2009)
e. County Tax Levy (2009)
f. School District Tax Levy (2009)
g. Community College Tax Levy (2009)
h. Educational Service Unit Tax Levy (2009)
i. Natural Resource District Tax Levy (2009)
j. Other applicable real estate tax levies (2009)
k. Total levy $2.125621
l. Annual Projected Tax Shift (Max of 15 years) $4,887
m. Total Projected Tax Shift $73,301
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.
The developer has the cost of acquisition of the property and
demolition of the existing structure as well as site preparation
expenses. The developer will also have to install new sewer and
water services lots. 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:
· New sanitary sewer service
· New water service
· Reconstruction of sidewalks
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. Anna is a 41’ wide paved
street and Lincoln is a 37’ wide paved street . Minimal additional
traffic will be created with this project.
There will be a minimal impact on neighborhood schools. It is
anticipated that as many as 8 new students could be put into the
school system with these 4 units. School officials indicated that 8
additional students would not significantly impact either Wasmer
Elementary or Barr Middle School.
Minimal sales tax revenue would be generated with this use. Some
additional sales tax will be generated with the construction.
All utilities are city utilities, including electrical, sewer, 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
No jobs will be displaced by this development within the
redevelopment area. This will keep the developers employees
working while the units are being built.
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
It is anticipated that this project will have no significant impact on
other employers within the immediate area or in the community at
large.
E. Any other impacts determined by the authority to be relevant to
the consideration of costs and benefits arising from the
redevelopment project
This project will increase the available quality housing in Grand
Island by a net of 3 units. The existing structure is worn out and not
acceptable as a housing unit. These types of smaller projects
spread throughout the city will have a less drastic impact on
neighborhoods and schools than a centralized larger housing
project. A new structure in this neighborhood represents a
significant investment in an aging neighborhood.
This neighborhood has not had a great deal of new development in
many years and some newer buildings, especially ones that replace
worn out buildings are likely to raise all of the property values.
1
REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the ___ day of ________,
2009, by and between the Community Redevelopment Authority of the City of Grand Island,
Nebraska (“Authority”) and John Schulte Construction (“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.
“City” means the City of Grand Island, Nebraska.
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“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 _____________________, 20__, 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 ____________________, 20__,
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.
(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.
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Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a) The Redeveloper is an individual 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
date of this provision as provided in Section 18-2147 of the Act or until $55,575.00 is provided
through TIF, whichever occurs sooner. The effective date of this provision shall be January 1,
2011.
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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.
(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
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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 until the final TIF revenue payment is made or 15 years from the effective date of the
provision specified in Section 3.01 of this Redevelopment Contract whichever occurs first.
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.
Redeveloper intends to create a taxable real property valuation of the Project of
$293,582.00 no later than as of December 31, 2010. During the term of this contract, Redeveloper
will (1) not protest a real estate property valuation on the Premises of $293,582.00 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
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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.
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.
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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, 2010, 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
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.
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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,
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
9
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 provis ions 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
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.
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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 hereto 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
___________________, 20__, by Barry G. Sandstrom and Chad Nabity, Chair and Secretary,
respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska,
on behalf of the Authority.
(SEAL) ______________________________
Notary Public
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_______________________________
Todd Enck
STATE OF NEBRASKA )
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of
______________________, 20__, by ___________________, for the purposes therein stated.
(SEAL) ______________________________
Notary Public
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EXHIBIT A
DESCRIPTION OF PREMISES
This property is located at the corner of Anna Street and Lincoln Avenue (The W ½ of the W ½ of
Block 16 of Windolph’s Addition to the City of Grand Island). The property address is 703 S.
Lincoln Avenue in Grand Island Nebraska.
13
EXHIBIT B
DESCRIPTION OF PROJECT
The developer will acquire the property and demolish the existing 100+ year old single
family structure currently occupying the lot.
The developer is proposing to a 4 unit apartment building on this lot. The developer is
proposing to landscape the yards and include underground sprinkling. Each unit will have
2 bedrooms (980 square feet). The total square footage of the building will be 3,922
square feet. The improvements will be constructed at 703 S. Lincoln Avenue in Grand
Island, Nebraska.
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EXHIBIT C
(Estimated)
1. Acquisition Costs:
A. Land $25,000.00
B. Building - Included in Land Cost $
2. Construction Costs:
A. Demolition: $8,000.00
B. Renovation or Building Costs: $232,165.00
C. On-Site Improvements: $16,575.00
D. Off-Site Improvements: N/A
3. Soft Costs:
A. Architectural & Engineering Fees: $
B. Financing: $5,000.00
C. Legal/Developer/Audit Fees: $1,000.00
D. Contingency Reserves: $10,000.00
E. Other (Building Permits) $1,500.000
TOTAL $299,240.00
Item E6
Public Hearing on Amending the Commercial Development Zone
for Land Located at 2210 North Webb Road
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 15, 2009
Subject: Rezoning – Development Plan Amendment 2210 N
Webb Rd., Grand Island
Item #’s: E-6 & F-1
Presenter(s): Chad Nabity, Regional Planning Director
Background
This property is located west of Webb Road and north of College Street, the owners of
Lot One (1) Grand Island Mall 15th Subdivision is requesting an amendment to the
development plan approved on June 24, 2008, by the Grand Island City Council. The
proposed changes include allowing property access from Webb Road and relocating the
proposed building on the site.
Discussion
The proposed amendment to the development plan for Grand Island Mall and property
located at 2210 N Webb Road was considered by the Regional Planning Commission at
the December 2, 2009 meeting. Nabity stated this plan was approved in June of 2008
along with the Grand Island Mall Fifteenth Subdivision. The developers are requesting
changes to the development agreement to allow access to this lot from Webb Road. The
plan approved in June of 2008 prohibited access to this property from Webb Road as the
intent was to enter the property from the Shopko driveway (College Street extended). It
was discovered as they began to prepare to build on the lot that there are covenants
between the Grand Island Mall and Shopko prohibiting such a cut in the private owned
drive. The new cut on Webb Road would be approximately 160 feet from the College
Street intersection.
Steve Riehle, director of Public Works noted there is a semi raised median, this would
mean north bound Webb Rd. and traffic would have to cross over this semi-raised median
to enter into the drive of this property. Riehle stated this curb cut would have little impact
on Webb Road traffic.
Kelly Rafferty briefly spoke for the rezone amendment, he stated they are currently land
locked, this would be a drive that would allow through stacking and not cause a lot of
congestion for Webb Road, he also stated people are creatures of habit and drivers would
chose the easiest route into the parking lot. There was more discussion about raising the
median to force north bound traffic to use a different drive and if the current curb cut
would be needed with two other access routes.
A motion was made by Haskins and seconded by Amick to approve development plan
amendment as presented. A roll call vote was taken and the motion passed with 8
members present (Amick, Ruge, Hayes, Reynolds, Monter, Haskins, Bredthauer, and
Snodgrass) voting in favor and 2 members voting against (O’Neill and Eriksen).
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 amended rezone as
presented.
Sample Motion
Move to approve as recommended.
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
November 17, 2009
SUBJECT: A proposed amendment to the approved development plan for Lot 1
of the Grand Island Mall Fifteenth Subdivision, located South of Capital Avenue, and
West of Webb Road, (Hearing, Discussion, Action) (C-02-2010GI)
PROPOSAL: This proposed development would amend the plan for Lot 1 of Grand
Island Mall 15th Subdivision. No new lots will be created. The proposed building will be
realigned to an east west configuration and a new driveway from Webb Road is being
considered. A copy of the requested changes is attached.
OVERVIEW:
Site Analysis
Current zoning designation: CD-Commercial Development Zone no building
envelope defined for this site.
Permitted and conditional uses: Commercial office and retail uses
Comprehensive Plan Designation: Commercial development
Existing land uses. Vacant
Adjacent Properties Analysis
Current zoning designations: North, South, East and West, CD Commercial
Development Zone
Permitted and conditional uses: CD – Commercial office and retail uses.
Comprehensive Plan Designation: North, South, East and West: Designated for
commercial development and uses. Existing land uses: North: Burger King
East: Strip Commercial
West: Shopko
South: Strip Commercial
EVALUATION:
Positive Implications:
· Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated for commercial development.
· Is infill development. This development is using property that is within the existing
functional and legal boundaries of the City of Grand Island.
· Accessible to Existing Municipal Infrastructure: Water and sewer services are
available to service the area. Water is available either in Webb Road from the public
main or from the private main supplying the Grand Island Mall either source is
acceptable to the city. Sewer is adjacent to the property. · Monetary Benefit to Applicant: Would allow the applicant to develop and sell this
property.
Negative Implications:
· None foreseen
Other Considerations
Commercial development zones allow up to 30% of the property within the CD zone to
be covered with buildings. This will not exceed the coverage limitations. The Grand
Island Public Works Department has reviewed and approved the driveway plans as
proposed.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council approve the amended CD zone and development plan for Lot 1 of Grand
Island Mall 15th Subdivision.
___________________ Chad Nabity AICP, Planning Director
Item F1
#9245 - Consideration of Amending the Commercial Development
Zone for Land Located at 2210 North Webb Road
This item relates to the aforementioned Public Hearing Item E-6.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
ORDINANCE NO. 9245
An ordinance to amend the Final Development Plan for the Commercial
Development Zone located south of Capital Avenue and west of Webb Road within the zoning
jurisdiction of the City of Grand Island; and providing for publication and an effective date of
this ordinance.
WHEREAS, the Regional Planning Commission on December 2, 2009, held a
public hearing and made a recommendation on a proposed amendment to the final development
plan for Grand Island Mall Fifteenth Subdivision; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of School Districts in Hall County, Nebraska; and
WHEREAS, after public hearing on December 15, 2009, the City Council found
and determined that the change in the final development plan will continue the future successful
functioning of the commercial development of the subdivision, and determined that such final
development plan within the Commercial Development Zone be approved and made; and
WHEREAS, a form of amended subdivision agreement has been agreed to
between the owner and the City of Grand Island.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The existing platted Final Development Plan for the CD-
Commercial Development Zone comprising all of Lo t One (1) Grand Island Mall Fifteenth
Subdivision in the city of Grand Island, Hall County, Nebraska is hereby amended to allow a
change in the orientation of and access to the proposed improvements on Lot One of Grand
Island Mall Fifteenth Subdivision in accordance with the attached site plan.
ORDINANCE NO. 9245 (Cont.)
- 2 -
SECTION 2. The form and substance of the amended 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.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 15, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
ORDINANCE NO. 9245 (Cont.)
- 3 -
Item F2
#9246 - Consideration of Adopting Chapter 40 to the Grand Island
City Code for an Illicit Discharge and Storm Water Management
Ordinance
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Riehle
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
ORDINANCE NO. 9246
CHAPTER 40
STORM WATER MANAGEMENT
§40-1. PURPOSE/INTENT.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of Grand Island, Nebraska through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required by federal and state law.
This ordinance establishes methods for controlling the introduction of pollutants into the
municipal separate storm sewer system in order to comply with requirements of the National
Pollutant Discharge Elimination System permit process. The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system by
discharges by any person.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer
system.
(3) To prevent non-storm water discharges generated as a result of spills, inappropriate
dumping, or disposal to the City of Grand Island separate storm drainage system.
(4) To reduce pollutants in stormwater discharges from construction activity by guiding,
regulating, and controlling the design, construction, use, and maintenance of any development or
other activity that disturbs or breaks the topsoil or results in the movement of earth on land.
(5) To require the construction of locally-approved, permanent stormwater runoff controls to
protect water quality and maintain non-erosive hydrologic conditions downstream of
construction activity and development.
(6) To require responsibility for and long-term maintenance of structural stormwater control
facilities and nonstructural stormwater management.
(7) To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
§40-2. DEFINITIONS.
For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency: The City of Grand Island and its employees or third parties
designated to enforce this ordinance.
Best Management Practices: Schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and educational practices, maintenance procedures,
and other management practices to prevent or reduce the discharge of pollutants directly or
indirectly to storm water, receiving waters, or storm water conveyance systems. Best
ORDINANCE NO. 9246 (Cont.)
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Management Practices also include treatment practices, operating procedures, and practices to
control site runoff, spillage, leaks, sludge disposal, water disposal, or drainage from raw
materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction Activity: Activities subject to National Pollutant Discharge Elimination System
Construction Permits. Such activities include, but are not limited to, clearing, grubbing, grading,
excavating, demolition and other land disturbing actions.
Construction Site: Any location where construc tion activity occurs.
Contractor: Any person performing or managing construction work at a construction site,
including, but not limited to, any construction manager, general contractor or subcontractor, and
any person engaged in any one or more of the following: earthwork, pipework, paving, building,
plumbing, mechanical, electrical, landscaping or material supply.
Clearing: Any activity that removes the vegetative surface cover.
Disturbed Area: Area of the land’s surface disturbed by any work or activity upon the property
by means including but not limited to grading, excavating, stockpiling soil, fill, or other
materials, clearing, vegetation removal, removal or deposit of any rock, soil, or other materials,
or other activities which expose soil. Disturbed area does not include the tillage of land that is
zoned for agricultural use.
Drainage Plan: A schematic of the proposed area and how it connects to city’s storm sewer
system. Include proposed location, grade, direction of flow, elevations, drainage structures and
drainage areas.
Earthwork: The disturbance of soil on a site associated with construction activities.
Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or
gravity.
Erosion Control: Measures that prevent soil erosion to the maximum extent practicable.
Erosion and Sediment Control Plan: A plan that indicates the specific measures and sequencing
to be used for controlling sediment and erosion on a development site during construction
activity according to locally approved standards, specification, and guidance.
Final Stabilization: When all soil disturbing activities at the site have been completed, and
vegetative cover has been established with a uniform density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been
ORDINANCE NO. 9246 (Cont.)
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employed. For purposes of this Ordinance, establishment of a vegetative cover capable of
providing erosion control equivalent to pre-existing conditions at the site is considered final
stabilization.
Financial Security: A surety bond, performance bond, maintenance bond, irrevocable letter of
credit, or similar guarantees provided to the City of Grand Island to assure that a construction
Stormwater Pollution Prevention Plan is carried out in compliance with requirements of this
Ordinance.
Hazardous Materials: Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Illicit Discharge: Any direct or indirect non-storm water discharge to the storm drainage system
unless exempted by this ordinance.
Illicit Connections:
(a) Any drain or conveyance, whether on the surface or subsurface, which allows any illicit
discharge to enter the storm drainage system including, but not limited to, any conveyance which
allows any non-storm water discharge including sewage, process wastewater, or wash water to
enter the storm drainage system.
(b) Any connections to the storm drainage system from indoor drains and sinks regardless of
whether said drain or connection has been previously allowed, permitted, or approved by an
authorized enforcement agency.
(c) Any drain or conveyance connected from a commercial or industrial land use to the storm
drainage system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
(d) An Illicit Connection does not include connections that are allowed under section 40-8 of this
code.
Industrial Activity: Activities subject to National Pollutant Discharge Elimination System
Industrial Permits.
Municipal Separate Storm Sewer System: Publicly-owned facilities by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered drainage ditches/channels,
reservoirs, and other drainage structures.
ORDINANCE NO. 9246 (Cont.)
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National Pollutant Discharge Elimination System Storm Water Discharge Permit: Means a
permit issued by Environmental Protection Agency (or by the State of Nebraska under authority
delegated to it) that authorizes the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide basis.
Non-Storm Water Discharge: Any discharge to the storm drainage system that is not composed
entirely of storm water.
Operator: The individual who has day-to-day supervision and control of activities occurring at
the construction site. This can be the owner, the developer, the general contractor or the agent of
one of these parties. It is anticipated that at different phases of a construction project, different
types of parties will satisfy the definition of 'operator' and the pertinent portions of any
applicable permit authorization from the State of Nebraska will be transferred as the roles
change.
Owner: The person who owns a facility, development, part of a facility, or land.
Person: Any individual, association, organization, partnership, firm, corporation or other entity
recognized by law.
Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before
the clearing of the next.
Pollutant: Anything which causes or contributes to pollution. Pollutants include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result
from constructing a building or structure; and noxious or offensive matter of any kind.
Post-Construction: The general time period referenced in perpetuity from the approval for final
acceptance of the construction phase of any construction activity.
Receiving Water: Any water of the State of Nebraska, including any and all surface waters that
are contained in or flow in or through the State of Nebraska, all watercourses, even if they are
usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems
owned by other entities.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Sediment: Soil (or mud) that has been disturbed or eroded and transported naturally by water,
wind or gravity, or mechanically by any person.
ORDINANCE NO. 9246 (Cont.)
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Sediment control: Measures that prevent eroded sediment from leaving the site.
Site: The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
Spill: A release of solid or liquid material, which may cause pollution of the Municipal Separate
Storm Sewer System or waters of the State.
Stabilization: The use of practices that prevent exposed soil from eroding.
Storm Drainage System: Publicly-owned facilities by which storm water is collected and/or
conveyed, including, but not limited to; any roads with drainage systems; municipal streets;
gutters; curbs; inlets; piped storm drains; pumping facilities; retention and detention basins;
natural and human-made or altered drainage channels; reservoirs; and other drainage structures.
The storm drainage system in Grand Island is a municipal separate storm sewer system as
defined by applicable federal regulations.
Storm Water: Any surface flow, runoff, or drainage consisting entirely of water from any form
of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan: A document which describes the Best Management
Practices and activities to be implemented by a person or business to identify sources of
pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to
storm water, storm water conveyance systems, and/or receiving waters to the maximum extent
practicable.
Subdivision Development: Includes activities associated with the platting of any parcel of land
into two or more lots and all construction activity taking place thereon.
Utility Agency/Contractor: Private utility companies, public utility departments, or other utility
providers, contractors working for such private utility companies, or public entity utility
departments, or other utility providers engaged in the construction or maintenance of utility lines
and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television
and communication services.
Wastewater: Means any water or other liquid, other than uncontaminated storm water,
discharged from any premises or facility. Wastewater includes sewage that is treated at the
City’s Waste Water Treatment Plant.
Waters of the State: Any and all surface and subsurface waters that are contained in or flow in or
through the State of Nebraska. The definition includes all watercourses, even if they are usually
dry.
ORDINANCE NO. 9246 (Cont.)
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§40-3. APPLICABILITY.
This ordinance shall apply to all water entering the storm drainage system generated on any
deve loped and undeveloped lands unless explicitly exempted.
§40-4. RESPONSIBILITY FOR ADMINISTRATION.
The City of Grand Island shall administer, implement, and enforce the provisions of this
ordinance. Any powers granted or duties imposed upon the City of Grand Island may be
delegated by the Mayor or City Administrator to persons or entities acting in the beneficial
interest of or in the employ of the City.
§40-5. SEVERABILITY.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this ordinance.
§40-6. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards. Compliance with this ordinance does not act as a waiver or defense to any person for
contamination, pollution, or unauthorized discharge of pollutants. Ultimate responsibility for
prohibited acts rests with persons who own or are in possession or control of premises from
which the discharge of contaminates or pollutants emanates.
§40-7. ILLICIT DISCHARGE.
No person shall discharge or cause to be discharged into the municipal storm drainage system
or watercourses any materials including, but not limited to, pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards. The
commencement, conduct or continuance of any illicit discharge to the storm drainage system is
prohibited except as allowed under section 40-8 of this code.
§40-8. ALLOWED DISCHARGE.
(a) The following discharges are exempt from discharge prohibitions established by this
ordinance:
water line flushing or other potable water sources; landscape irrigation or lawn watering;
diverted stream flows; rising ground water; ground water infiltration to storm drains;
uncontaminated pumped ground water; foundation or footing drains (not including active
groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs;
non-commercial washing of vehicles; natural riparian habitat or wet-land flows; swimming pools
(if dechlorinated - typically less than one PPM chlorine); fire fighting activities; and any other
water source not containing Pollutants.
(b) Discharges determined by the City to be necessary to protect public health and safety.
ORDINANCE NO. 9246 (Cont.)
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(c) Dye testing if the City is notified in writing prior to the time of the test.
(d) Any non-storm water discharge permitted under an National Pollutant Discharge
Elimination System permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection Agency, provided that
the discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicable laws and regulations, and provided that written approval has been granted for
any discharge to the storm drainage system.
§40-9. ILLICIT CONNECTION.
The construction, use, maintenance or continued existence of illicit connections to the storm
drainage system are prohibited.
(a) This prohibition expressly includes, without limitation, illicit connections made in the past
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(b) A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage or pollutants to the Municipal Separate Storm Sewer System or allows such a
connection to continue.
§40-10. SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS.
Suspension due to Illicit Discharges in Emergency Situations
The City of Grand Island may, without prior notice, suspend storm drainage system discharge
access to a person when the City deems it necessary to prevent an actual or threatened discharge
which presents or may present imminent and substantial danger to: the environment; to the
health or welfare of persons or to the storm drainage system; or to waters of the United States of
America. If the person fails to comply with a suspension order issued in an emergency, the City
of Grand Island may take such steps as deemed necessary to prevent or minimize damage to
persons, the storm drainage system, waters of the United States of America.
Suspension due to the Detection of Illicit Discharge
Any person discharging to the storm drainage system in violation of this ordinance may have
their storm drainage system access terminated if such termination would abate or reduce an illicit
discharge. The City will notify a person of the proposed termination of storm drainage system
access by personal delivery or by United States Mail. The person may request a hearing before
the City Director of Public Works by delivering such request in writing to the City Clerk. The
person is not entitled to a stay of the termination pending any such hearing.
A person commits an offense if the person accesses or attempts to access the storm drainage
system from premises terminated pursuant to this Section, without the prior approval of the City.
ORDINANCE NO. 9246 (Cont.)
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§40-11. CONSTRUCTION. RESERVED
§40-12. POST-CONSTRUCTION. RESERVED
§40-13. TECHNICAL STANDARDS, SPECIFICATIONS, AND GUIDANCE.
RESERVED
§40-14. MONITORING OF DISCHARGES.
(a) Applicability.
This section applies to all premises that have storm water discharges associated with
industrial activity, including construction activity.
(b) Access to premises.
(1) The City of Grand Island’s designees shall be permitted to enter and inspect premises
and facilities subject to regulation under this ordinance as often as may be necessary to
determine compliance with this ordinance. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives of the City.
(2) The City’s designees shall be given access to all parts of the premises for the purposes
of: inspection; sampling; examination and copying of records that must be kept under the
conditions of the National Pollutant Discharge Elimination System permit to discharge storm
water; and the performance of any additional duties as defined by state and federal law.
(3) The City may place upon the premises such devices as deemed necessary to conduct
monitoring and/or sampling of discharges from the premises.
(4) The City of Grand Island may require a person to install monitoring equipment as
necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition at no expense to the City. All devices used to measure storm water
flow and quality shall be calibrated to ensure accuracy.
(5) Any obstruction to safe and easy access to the premises to be inspected and/or sampled
shall be promptly removed at the request of the City and shall not be replaced. The costs of
clearing such access shall not be paid by the City.
(6) Unreasonable delays in allowing Grand Island City designees access to premises is a
violation of a storm water discharge permit and of this ordinance. A person who is the operator
of a facility or premises with a National Pollutant Discharge Elimination System permit to
discharge storm water associated with industrial activity commits an offense if the person denies
the City reasonable access for the purpose of conducting any activity authorized or required by
this ordinance.
ORDINANCE NO. 9246 (Cont.)
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(7) If a City of Grand Island designee has been refused access to any part of the premises
from which storm water is discharged, the City of Grand Island may seek issuance of a search
warrant from any court of competent jurisdiction.
§40-15. BEST MANAGEMENT PRACTICES.
The City of Grand Island may adopt requirements identifying Best Management Practices for
any activity, operation, or facility which may cause or contribute to pollution or contamination of
storm water, the storm drainage system, or waters of the United States of America. The owner or
operator of a commercial or industrial establishment shall provide, at the owner or operator’s
expense, reasonable protection from discharge of prohibited materials or other wastes into the
municipal storm drainage system or watercourses through the use of these structural and non-
structural Best Management Practices. Further, any person responsible for a property or premise,
which is, or may be, the source of an illicit discharge, may be required to implement, at said
person's expense, additional structural and non-structural Best Management Practices to prevent
the further discharge of pollutants to the municipal separate storm sewer system. These Best
Management Practices shall be part of a storm water pollution prevention plan as necessary for
compliance with requirements of any National Pollutant Discharge Elimination System permit.
§40-16. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, and such person's lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
§40-17. NOTIFICATION OF DISCHARGES AND SPILLS.
Not withstanding other requirements of law, as soon as any person responsible for a facility,
premises, or operation, has information of any known or suspected release of materials which
result or may result in illegal discharges or pollutants discharging into storm water, the storm
drainage system, or waters of the United States of America, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release. In the event of such
release of hazardous materials, said person shall immediately notify emergency response
agencies and the City of Grand Island of the occurrence via emergency dispatch services. In the
event of a release of non-hazardous materials, said person shall notify the City of Grand Island in
person or by phone or facsimile no later than the next business day. Notifications in person, by
phone, or by facsimile shall be confirmed by written notice addressed and mailed to the City of
Grand Island within three business days of the prior notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three years.
ORDINANCE NO. 9246 (Cont.)
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§40-18. NOTICE OF VIOLATION.
Whenever the City of Grand Island finds that a person has violated or failed to meet a
requirement of this Ordinance, the City’s designee may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That viola ting discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
(e) Payment of costs to cover administrative and remediation expenses;
(f) The implementation of source control, treatment, and prevention practices. If abatement of a
violation and/or restoration of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration mus t be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will
be done by a designated governmental agency or a contractor and the expense thereof shall be
charged to the violator and may be assessed against the real estate or collected by civil action.
§40-19. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a notice of violation may appeal the determination. The notice of
appeal must be received within 10 days from the date of the notice of violation. Hearing on the
appeal before the Director of Public Works or his/her designee shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of the Director shall be final.
§40-20. ENFORCEMENT MEASURES.
If the violation has not been corrected as set forth in the notice of violation, or, in the event of
an appeal, within 25 days of the original deadline if the Director upholds the notice of violation,
then representatives of the City of Grand Island may enter upon the subject private property and
are authorized to take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the City’s designees or agents to enter upon the premises for the
purposes set forth above.
§40-21. COST OF ABATEMENT OF THE VIOLATION.
After abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. If the amount due is not paid within 30 days, the City
of Grand Island may sue to recover the costs through a civil action or levy and assess the costs
against the real estate in the manner of special assessments.
ORDINANCE NO. 9246 (Cont.)
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§40-22. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions of
this ordinance, the City of Grand Island may petition for a preliminary or permanent injunction
restraining the person from activities which would create further violations or compelling the
person to perform abatement or remediation of the violation. Injunctive relief shall be in
addition to any other remedy available under this ordinance or any other federal or state law.
§40-23. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or
restored at the violator's expense, in the same manner as other nuisances under the Grand Island
Municipal Code.
§40-24. CRIMINAL PROSECUTION.
Any person violating any provision of this ordinance shall, upon conviction, be guilty of an
infraction. Each day shall constitute a separate offense and be punishable by a fine of $100.00.
Criminal fines shall be in addition to any civil remedies available under Grand Island Municipal
Code.
§40-25. REMEDIES NOT EXCLUSIVE.
The remedies listed in this ordinance are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
That this ordinance shall be in force and take effect from and after its passage and
publication, within fifteen days in one issue of the Grand Island Independent as provided by law.
Enacted: December 15, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: December 15, 2009
Subject: Consideration of Adopting Chapter 40 of the Grand
Island City Code for an Illicit Discharge and Storm
Water Management Ordinance
Item #’s: F-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City Council was scheduled for a study session on a storm water ordinance for Illicit
Discharge on Tuesday, December 8, 2009. The study session was not held because of
weather and street conditions during the recent snow storm. The Public Works
Department is asking the council to review and approve the storm water ordinance at the
December 15th Regular City Council meeting to stay on the schedule in the City's Storm
Water Permit.
An illicit discharge ordinance is a requirement of the National Pollutant Discharge
Elimination System (NPDES) permit for small Municipal Separate Storm Sewer Systems
(SMS4). The ordinance will empower the city to track, identify and eliminate illicit
discharges to the storm drainage system.
Discussion
The City's general storm water permit as issued by the Nebraska Department of
Environmental Quality (NDEQ) requires the City to adopt a Storm Water Management
Plan (SWMP) and address seven (7) Minimum Control Measures (MCMs). The MCMs
are accomplished by developing Best Management Practices (BMPs). The Illicit
Discharge Ordinance is a BMP directly supporting MCM 3: Illicit Discharge Detection
and Elimination (IDDE).
A brief summary of the ordinance is as follows, with the complete ordinance attached.
§40-1. PURPOSE/INTENT.
The purpose of this ordinance is to control the introduction of pollutants into the
municipal separate storm sewer system (MS4). The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the storm sewer.
(2) To prohibit illicit connections and discharges to the storm sewer system.
(3) To prevent non-storm water discharges generated as a result of spills,
inappropriate dumping, or disposal to the storm sewer system.
(4) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance.
Chapter 40 on Storm Water is a new chapter for the City Code to address the
requirements of the City’s storm water permit. The sections being presented to council
tonight are general sections that include definitions and miscellaneous sections on illicit
discharges. We will be back before council in the future to approve subsequent additions
to Chapter 40 on Storm Water for 1) Construction, 2) Post Construction and 3) Technical
Specifications. The adoptions of the subsequent ordinances follow the timeline in the
City’s storm water permit.
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 adoption of Chapter 40 of
the Grand Island City Code for an Illicit Discharge and Storm Water Management
Ordinance.
Sample Motion
Move to approve the adoption of Chapter 40 of the Grand Island City Code.
“Illicit DischargeandStorm Water Management”Ordinance
Illicit Discharge OrdinancePurpose/Intent • Federal Clean Water Act of 1972• Nebraska Department of Environmental Quality (NDEQ) administers the National Pollutant Discharge Elimination System (NPDES) Program• City of Grand Island’s Storm Water Management (SWMP) Program• Ordinance will empower the City of Grand Island to:– Track – Identify– & Eliminate Illicit Discharges
Storm Water Permit RequirementsMinimum Control Measures (MCMs)• MCM 1: Public Education and Outreach• MCM 2: Public Involvement/Participation•MCM 3: Illicit Discharge• MCM 4: Construction Site Storm Water Runoff Control• MCM 5: Post Construction Storm Water Management• MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations• MCM 7: Storm Water Monitoring
Best Management Practices (BMPs) to accomplish MCM 3• BMP 1: Develop an Illicit Discharge Ordinance (that’s why we are here this evening)• BMP 2: Perform Dry Weather Inspections of Storm Water Outfalls (we’re already doing this)• BMP 3: Map of Storm Water Drainage System (working on a 3 year plan to update storm drain inlets with GPS to include flow-line and directional flow)
Illicit Discharge Ordinance 40-1 Purpose/Intent• Required by the NPDES Permit• Controls the introduction of pollutants into the storm water system
Storm Water Ordinance40-2 Definitions• Illicit Connections are Discharges such as:– Sewage– Process wastewater (doesn’t include non-contact cooling water discharges)– Wash water
Storm Water OrdinanceOrdinance 40-3 Applicability: All water entering the storm water systemOrdinance 40-4 Responsibility for Administration: City of Grand Island shall administer, implement, and enforceOrdinance 40-5 Severability: Provisions of this ordinance can stand aloneOrdinance 40-6 Ultimate Responsibility: Individual still responsible
Storm Water Ordinance •Ordinance 40-7 Illicit Discharge: Discharge containing contaminants or pollutants that cause a violation to water quality standards•Ordinance 40-9 Illicit Connection: Considered to be in violation of this ordinance if connection line is conveying sewage or pollutant to the municipal separate storm sewer system (MS4)•Ordinance 40-10 Suspension of Storm Drainage System Access: – Suspension due to Illicit Discharges in Emergency Situations to prevent an actual or threatened discharge to the environment, health and welfare of people, storm drainage system or the waters of the US– Suspension due to the Detection of Illicit Discharge•Ordinance 40-11, 40-12, and 40-13 Industrial Construction Activity Discharges: RESERVED
Storm Water Ordinance40-8 Allowed Connections:• Discharges exempt from discharge prohibitions:Air conditioning condensation Lawn wateringCrawl space pumps Non-commercial washing of vehiclesDiverted stream flows Rising ground waterFire fighting activities SpringsFoundation/footing drains Swimming pools (dechlorinated)Ground water infiltration Uncontaminated ground waterLandscape irrigation Water line flushing*other water sources not containing pollutants
Storm Water Ordinance•Ordinance 40-14 Monitoring of Discharges: Allows City access to premises to install monitoring equipment•Ordinance 40-15 Best Management Practices: City may adopt BMPs for any activity, operation, or facility contributing to pollution or contamination of storm water•Ordinance 40-16 Watercourse Protection: Property owners responsible to maintain watercourse free of trash, debris, excessive vegetation•Ordinance 40-17 Notification of Discharges and Spills: Immediately notify emergency response agencies of a hazardous material release
Storm Water Ordinance•Ordinance 40-18 Notice of Violation: Notice will set deadline for remediation or restoration•Ordinance 40-19 Appeal of Notice of Violation:– Appeal received within 10 days of violation– Hearing within 15 days from receipt •Ordinance 40-20 Enforcement Measures: If violation not corrected within 25 days. City will take measures to correct.•Ordinance 40-21 Cost of Abatement of the Violation: City recovers costs through civil action or levy to real estate
Storm Water Ordinance•Ordinance 40-22 Injunctive Relief: Stops the person from activities which would create further violations and compels them to remedy the situation.•Ordinance 40-23 Violations Deemed A Public Nuisance: May be abated or restored at the violator’s expense.•Ordinance 40-24 Criminal Prosecution: Each day is a separate offense with a fine of $100.00•Ordinance 40-25 Remedies Not Exclusive: Not exclusive of any other remedies available under any federal, state or local laws.
Summary on Illicit ConnectionPassing Ordinance Chapter 40 on Illicit Discharge and Storm Water Protection meets one of the requirements set forth within the City of Grand Island’s Storm Water Management Program and the National Pollutant Discharge Elimination System permit process.
QUESTIONS
Item G1
Approving Minutes of December 1, 2009 City Council Regular
Meeting
Tuesday, December 15, 2009
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
December 1, 2009
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 December 1, 2009. Notice of the meeting was given in The Grand Island Independent
on November 25, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata, and
Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk
RaNae Edwards, Finance Director Mary Lou Brown, 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 Miranda Baxter, Audie Aguilar, and Danielle Jim. Mayor Hornady commented on the
Tree Lighting Ceremony and the City Singers held earlier this evening. These events would be
on GITV.
SPECIAL ITEMS:
ELECTION OF CITY COUNCIL PRESIDENT: Mayor Hornady reported that the City Council was
required to elect one Councilmember to the office of Council President for a term of one year and
that the Council President automatically assumed the duties of the Mayor in the event that the Mayor
was absent or otherwise unable to fulfill her duties. Councilmember Haase nominated
Councilmember Peg Gilbert. Councilmember Dugan nominated Councilmember Bob Meyer.
Councilmember Carney nominated Councilmember John Gericke.
City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Gilbert had
received 4 votes, Councilmember Meyer had received 3 votes, and Councilmember Gericke had
received 3 votes. On second ballot it was reported that Councilmember Gilbert had received 4 votes,
Councilmember Meyer had received 3 votes, and Councilmember Gericke had received 3 votes.
Councilmember Meyer removed his name from the nominations.
City Clerk RaNae Edwards called for the third ballot. It was reported that Councilmember Gilbert
had received 6 votes and Councilmember Gericke had received 4 votes. Mayor Hornady declared
Councilmember Peg Gilbert the new Council President for 2010.
Motion by Haase, second by Ramsey, carried unanimously to make the vote a unanimous one for
Councilmember Peg Gilbert as City Council President. Upon roll call vote, all voted aye. Motion
adopted.
Page 2, City Council Regular Meeting, December 1, 2009 CONSENT AGENDA: Consent Agenda items G-3, G-5, and G-6 were removed for further
discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding
items G-3, G-5 and G-6. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 24, 2009 City Council Regular Meeting.
Approving Appointment of Julie Connelly and the Re-Appointment of Karen Bredthauer to the
Regional Planning Commission.
#2009-307 – Approving Locomotive Lease Agreement with Diesel Locomotive Company, LLC
of New Richmond, Wisconsin for an Estimated Total Rental Cost of $5,000.00.
#2009-310 – Approving Supplemental Agreement No. 1 with the Nebraska Department of Roads
for South Locust Street for Northbound Roadway Construction.
Approving Appointment of Steve Kunzman to the Central District Health Board.
Councilmember Haase commented on the work done by Ann Marsh on the Health Board and
thanked her and stated he looked forward to working with Steve Kunzman who would replace
her.
Motion by Haase, second by Carne y to approve the appointment of Steve Kunzman to the
Central District Health Board. Upon roll call vote, all voted aye. Motion adopted.
#2009-308 – Approving Purchase of Sixteen (16) Dell Computers for Police Department from
State Bid Contract Bid with Dell Computers in an Amount of $23,178.24. Discussion was held
concerning the state bid contract and more clarification of the specifications. Finance Director
Mary Lou Brown stated she would look on-line for the specifications and get back with council.
Police Chief Steve Lamken referred questions to the IT department.
Motion by Zapata, second by Gericke to approve Resolution #2009-308. Upon roll call vote,
Councilmember’s Carney, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember’s
Meyer, Niemann, Gilbert, Haase, and Dugan voted no. Mayor Hornady voted no to break the tie.
Motion failed.
#2009-309 – Approving Purchase of Seven (7) 2010 Ford Crown Victoria Police Vehicles from
State Bid Contract Bid with Tinchner Ford of Plattsmouth, Nebraska in an Amount of
$138,011.00. Discussion was held concerning the depreciation and driving the cars an extra year.
Police Chief Steve Lamken stated they had a small fleet and needed every car and the older the
car the more maintenance. Currently they had minimal down time due to maintenance.
Motion by Haase, second by Carney to approve Resolution #2009-309. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of November 25,
2009 through December 1, 2009, for a total amount of $1,336,682.42. Unanimously approved.
Page 3, City Council Regular Meeting, December 1, 2009 Councilmember Haase questioned the claim for an ambulance purchase from Medtec Ambulance
Corporation in the amount of $205,724.00. Budget amendments were discussed. Councilmember
Haase voted no on the purchase of the ambulance, purchase order #19293.
ADJOURNMENT: The meeting was adjourned at 7:30 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Councilmember Appointments to Boards and
Commissions
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Council Agenda Memo
From: Mayor Margaret Hornady
Meeting: December 15, 2009
Subject: Approving Councilmember Appointments to Boards and
Commissions
Item #’s: G-2
Presenter(s): Mayor Margaret Hornady
Background
It is customary in December of each year for the Mayor to recommend appointments of
Councilmember’s to represent the City on various Boards and Commissions.
Discussion
The following appointments have been submitted by the Mayor for approval. These
appointments will become effective January 1, 2010 and will expire on December 31, 2010:
Building Code Advisory Board: Bob Meyer
Business Improvement District #4: Kirk Ramsey
(So. Locust – Stolley to Fonner)
Business Improvement District #6: Bob Niemann
(2nd Street)
Business Improvement District #7: Scott Dugan
(So. Locust – Hwy 34 to Stolley)
Business Improvement District #8: Jose Zapata
(Downtown)
Central District Health Board (Term of 3 years) Chuck Haase
City/County Communications/Civil John Gericke & Bob Meyer
Defense Committee:
Community Development Advisory Board: Peg Gilbert
Community Redevelopment Authority: Mitch Nickerson
GI Area Economic Development Corp. Scott Dugan
Humane Society: Larry Carney
Law Enforcement Co-Location: Bob Niemann
Library Board: Peg Gilbert
Multicultural Coalition: Larry Carney
Problem Resolution Team: John Gericke
Regional Planning Commission: Mitch Nickerson
Systems Information Advisory Committee Jose Zapata
(City/County)
Transportation Committee: Bob Meyer
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve the appointments of Councilmember’s to Board and
Commissions
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 recommendation of the
Mayor.
Sample Motion
Move to approve the appointments of Councilmember’s to the Boards and Commissions for
2010 as recommended by the Mayor.
Item G3
Approving Appointment of Dave Schaffer to the Business
Improvement District #6 Board
The Mayor has submitted the appointment of Dave Schaffer to the Business Improvement
District #6 board to replace Randy Evans. This appointment would become effective
immediately upon approval by the City Council and would expire on September 30, 2013.
Approval is recommended.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G4
Approving Appointments to the Electrical Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Electrical Board for the year 2010. Denise Kozel, Master Electrician; Mike Rivera,
Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry
Klanecky, General Public Representative; and Craig Lewis and Dean Mathis, Building
Department as Ex-Officio members. The above recommendations are made in compliance
with the Grand Island City Code. These appointments would become effective January 1,
2010 upon approval by the City Council and would expire on December 31, 2011. Approval is
recommended.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G5
Approving Appointments to the Mechanical Examining Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Mechanical Board for the year 2010. Mike McElroy, Master Mechanical; Loren
Peterson, Gas Company Representative; Scott Hilligas, Contracting Mechanical; Mike
Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill,
Community Member; and Russ Shaw, Plumbing Inspector for the Building Department. The
above recommendation is made in compliance with the Grand Island City Code and approval
is requested.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G6
Approving Appointments to the Plumbers Examining Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Plumbing Board for a two year term 2010/2011. Verne Penas and Mike Bailey,
Master Plumbers; Jennifer Herman, Gerald Public, and David Scoggins, Building
Department Ex-Officio. These appointments would become effective January 1, 2010 upon
approval by the City Council and would expire on December 31, 2011. Approval is
recommended.
Also recommended is the appointment of Rick Eberl, Master Plumber to replace Doug
Hough. This appointment would become effective immediately upon approval by the City
Council and would expire on December 31, 2010. Approval is recommended. The above
recommendations are made in compliance with the Grand Island City Code.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G7
#2009-311 - Approving Bid Award for (1) Used Ambulance
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Troy Hughes
City of Grand Island City Council
Council Agenda Memo
From: Troy Hughes, Fire Chief
Meeting: December 15, 2009
Subject: RFP for Used Ambulance
Item #’s: G-7
Presenter(s): Troy Hughes, Fire Chief
Background
The Grand Island Fire Department is faced with an ever increasing demand for emergency
medical response. Throughout the 1990s, GIFD had a fleet of eight ambulances. This fleet size
allowed two ambulances to be located at each fire station. Emergency medical call volume at
that time was less than 2000 per year. In about 2000, the department acquired one new unit and
disposed of the two oldest units, therefore reducing the fleet from eight to seven. Today, the
department runs more than 4000 emergency medical calls per year. The demand on the
ambulance fleet has more than doubled what it was in 2000. The recent past has provided GIFD
much insight regarding the value of reserve ambulances. Over the course of a few months, one
ambulance was totaled in a collision and the newest GIFD unit developed chronic mechanical
problems. These unforeseen situations left the department with only five running units (two with
over 100,000 miles). This situation greatly emphasized the value of reserve units. This purchase
will return the ambulance fleet to eight units as it was in the 1990s.
Funds for this purpose were not included in the 2009-2010 budget as it was adopted. Funding for
this unit is being suggested to come from the 2009-2010 Fire Department capital improvement
budget. The budget line (land improvements - 10022101 85608) was set aside for concrete work
at two fire stations. Fire Administration evaluated the departments greatest needs and it was
determined that the best use of budgeted funds would be accomplished by completing the
concrete work at Fire Station 2 on Broadwell Ave and pushing back the concrete work at Fire
Station 3 on South Webb Road. This action would free up funds to purchase a used ambulance. It
seemed clear to fire administration that having an ambulance available to provide life saving care
was a higher priority than cracked concrete.
This proposal was taken to City Administrator Pederson and he concurred with Chief Hughes
that in light of the demand being placed on the existing ambulance fleet this would be a higher
priority for the use of city funds. Subsequently, the fire department formulated and sent out
requests for proposals to supply a used ambulance. Seven proposals were received and evaluated.
Discussion
The seven proposals were scored and the proposal from Penn Care Inc. of Niles, Ohio scored the
highest. Proposals were scored in six areas, price, age and miles, maintenance history,
storage/load carrying capacity, design consistency with current GIFD units, and general
condition. Penn Care Inc. submitted a proposal for a 1996 Freightliner/Horton medium duty
ambulance. This ambulance appears to be in good overall condition and has only 21,510 miles
on it. The proposed price is $23,900 with a shipping cost of $1,642 for a total cost of $25,542.
The former owner of this unit, Lyndhurst Ohio Fire Department, was contacted by Chief Hughes.
Hughes learned from this conversation with the Lyndhurst Fire Chief that this unit had been well
cared for and is still functional. Lyndhurst is a densely populated area of four square miles
containing about 17,000 people. This unit was replaced by a rotation policy based upon age
alone. It was not replaced due to mechanical failure and should serve GIFD well in a reserve
role. Buying a used ambulance is a new proposal for GIFD. This purchase will be watched
closely and evaluated for financial value to our organization.
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 Penn Care Inc. proposal at a total
cost of $25,542. It is also recommended that this purchase be subject to a mechanical inspection
by Allen Hoffman of Fleet Services and EMS Division Chief Shubert prior to accepting delivery
of this unit.
Sample Motion
Move to approve.
Company Point Total (100)
Palmer Fire Department 20,000$ 15 15 yrs - 32,964 5 Complete 15 Consistent 10 Color scheme 5 Good 15 65
1994 - Type 3
Life Star Color scheme
2001 - Medium Duty 25,315$ 15 8 yrs - 67,619 10 Attempt to locate 10 Greater 15 - doors 10 Interior 10 70
US Coach Works Does not meet
2004 - Type 1 29,900$ 5 yrs - 158,218 Will Provide Consistent Color Good mileage requirement
US Coach Works Does not meet
2001 - Type 1 21,500$ 8 yrs - 154,300 Will Provide Consistent Consistent Good mileage requirement
US Coach Works Cab & exterior
2010 - Type 3 84,000$ 0 0 yrs - Re-chassis 20 Will Provide 10 comparments 5 As requested 15 Re-chassis 15 Price 65
US Coach Works Good Price and
2010 - Type 3 69,500$ 5 unknown - demo 15 Will Provide 10 Less 5 Compartments 10 - new demo 15 Compartments 60
Penn Care Greater Color scheme
1996 - Medium Duty 23,900$ 20 13 yrs - 21,510 10 Will Provide 10 - lt rear compartment 15 - left rear 10 Good 15 80
Design Consistency / Pts 15 General Condition / Pts 15
Results of RFP - Used Ambulance - December 2, 2009
Price / Pts 20 Age and Miles / Pts 20 Maintenace History / Pts 15 Storage/Load capacity / Pts 15
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
(1) USED AMBULANCE
RFP DUE DATE: December 2, 2009 at 4:00 p.m.
DEPARTMENT: Fire
PUBLICATION DATE: November 11, 2009
NO. POTENTIAL BIDDERS: 30
SUMMARY OF PROPOSALS RECEIVED
US Coachworks Palmer Fire Department
Kansas City, MO Palmer, NE
Life Star Rescue, Inc. Penn Care Public Safety Technology
Van Wert, OH Niles, OH
cc: Troy Hughes, Fire Chief Chris Hoffman, Fire Admin. Assist.
Jeff Pederson, City Administrator Mary Lou Brown, Finance Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
P1384
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-311
WHEREAS, the City Of Grand Island sent out requests for proposals to various venders to
supply a used ambulance meeting six areas of criteria for the Grand Island Fire Department. Seven
proposals were received and evaluated; a copy is on file with the City Clerk; and
WHEREAS, on December 2, 2009 requests for proposals were received, opened and
reviewed; and
WHEREAS, the proposal from Penn Care, Inc of Niles, Ohio scored the highest in these
areas: price, age and miles, maintenance history, storage/load carrying capacity, design consistency with
current GIFD units and general condition. Their proposal is for a 1996 Freightliner/Horton medium duty
ambulance with 21,510 miles with a proposed price of $23,900 plus shipping of $1,642 making a total cost
$25,542; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Penn Care, Inc of Niles, Ohio in the
amount of $25,542 for one 1996 Freightliner/Horton medium duty ambulance is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, on December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2009-312 - Approving Final Plat and Subdivision Agreement for
281 Retail Second Subdivision
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 15, 2009
Subject: 281 Retail Second Subdivision – Final Plat
Item #’s: G-8
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of 13th Street and west of Diers Avenue, this final plat
proposes to create 2 lots on a tract of land comprising a replat of Lot 1, 281 Retail
Subdivision, to the City of Grand Island, located in the Southwest Quarter (SW1/4) of
Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
in the City of Grand Island, Nebraska. This is approximately 21.944 acres.
Discussion
The final plat for 281 Retail Second Subdivision was considered by the Regional
Planning Commission at the November 2, 2009 meeting. Ruge stated there have been
drainage issues with this property, during heavy rains the original subdivision was
designed to overflow into the parking lot including an area of the proposed lot 2. Who
ever buys or leases this property needs to be aware of this limitation. A motion was made
by Ruge and seconded by Haskins to approve the plat as presented with the knowledge
this property has drainage issues. A roll call vote was taken and the motion passed with
10 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen,
Bredthauer, and Snodgrass) voting in favor and no member present abstaining.
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.
281 Retail Second Subdivision
Developer/Owner
Sams Real Estate Business Trust
Jo Kaye Bandy – Owner Representative
2001 SE 10th St
Bentonville AR 72716-0550
To create 2 lots north of 13th Street and west of Diers Ave., in the city of Grand Island, in
Hall County, Nebraska.
Size: 21.944 acres
Zoning: B2 General Business
Road Access: Existing City Streets
Water Public: City water is available
Sewer Public: City sewer is available
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-312
WHEREAS, Sam’s Real Estate Business Trust, being the owner of the land described
hereon, have caused to be laid out into 2 lots, a Replat of Lot One (1), 281 Retail Subdivision, located
in the Southwest Quarter (SW1/4) of Section Twelve (12), Township Eleven (11) North, Range Ten
(10), West of the 6th P.M., in the City of Grand Island, in Hall County, Nebraska, under the name of
281 RETAIL SECOND 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 281 RETAIL SECOND
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2009-313 - Approving Final Plat and Subdivision Agreement for
Setlik Subdivision
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 15, 2009
Subject: Setlick Subdivision – Final Plat
Item #’s: G-9
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located south of 17th Street and west of Pine Street, this Final Plat
proposes to create 2 lots on a tract of land comprising all of Lots One (1), Two (2) and
Three (3), Block Eighty Eight (88), Wheeler and Bennett's Fourth Addition to the City of
Grand Island, Nebraska. This is approximately .479 acres more or less.
Discussion
The revised final plat for Setlick Subdivision was considered by the Regional Planning
Commission at the December 2, 2009 meeting. Approval of this subdivision requires
council to waive the minimum lot size requirements for Lot 2. There is an existing house
on this property that was previously owned as a separate parcel. This action will allow the
owner of the property to sell each house separately. Both houses are connected to city
sewer and water with individual connections. A motion was made by Bredthauer and
seconded by Hayes to approve the plats as presented on the Consent Agenda. A roll call
vote was taken and the motion passed with 10 members present (Amick, O’Neill, Ruge,
Hayes, Reynolds, Monter, Haskins, Eriksen, and Snodgrass) voting in favor no member
present abstaining.
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.
Setlik Final Plat Summary
Developer/Owner
Dorothy Setlik
3317 Schroeder Ave
Grand Island NE 68803
To create 2 lots south of 17th Street and west of Pine Street, in the City of Grand Island,
in Hall County, Nebraska.
Size: .479 acres
Zoning: R2 Low Density Residential Zone
Road Access: City Roads
Water Public: City water is available
Sewer Public: City sewer is available
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-313
WHEREAS, Dorothy M. Setlik, a widow, being the owner of the land described
hereon, have caused to be laid out into 2 lots, a tract of land comprising all of Lots One (1), Two (2)
and Three (3), Block Eighty Eight (88), Wheeler and Bennett’s Fourth Addition to the City of Grand
Island, in Hall County, Nebraska, under the name of SETLIK 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, the subdivision plat, as presented will require a waiver to the lot area
requirements for Lot 2, 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 SETLIK 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, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2009-314 - Approving on Redevelopment Plan for Property
Located at 703 South Lincoln Avenue
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-314
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 as follows: Acquire real estate at 703 South Lincoln Avenue; demolish the existing single
family house at that location and construct a new 4 unit apartment building and related structures and site
improvements on the W ½ of the W ½ of Block 16 of Windolph’s Addition to the City of Grand Island. All
redevelopment activities will occur 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, 2011 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, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2009-315 - Approving Acquisition of Utility Easement - Southwest
Corner of 1108 Allen Drive - Nebraska Investment Association,
LLC
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-315
WHEREAS, a public utility easement is required by the City of Grand Island, from
Nebraska Investment Association, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers;
and;
WHEREAS, a public hearing was held on December 15, 2009, for the purpose of
discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly
described as follows:
Commencing at the southwest corner of Lot Two (2) Meadowlark West Seventh
Subdivision in the City of Grand Island, Hall County, Nebraska; thence northerly along
the westerly line of said Lot Two (2), a distance of eighteen (18.0) feet to the ACTUAL
Point of Beginning; thence continuing northerly along the westerly line of said Lot Two
(2), a distance of twenty (20.0) feet; thence easterly parallel with the southerly line of
said Lot Two (2), a distance of forty five (45.0) feet; thence southerly parallel with the
westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence westerly
parallel with the southerly line of said Lot Two (2), a distance of forty five (45.0) feet to
a point on the westerly line of said Lot Two (2) being the said Point of Beginning.
The above-described easement and right-of-way containing 900 square feet, more or
less, as shown on the plat dated 11/3/2009, marked Exhibit "A", attached hereto and
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Nebraska Investment Association, LLC, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item G12
#2009-316 - Approving Acquisition of Utility Easement - Fonner
Park - Hall County Livestock Improvement Association
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-316
WHEREAS, a public utility easement is required by the City of Grand Island, from Hall
County Livestock Improvement Association, to install, maintain, repair and replace water mains, storm
drains, sanitary sewers, and other utility facilities over and across and operate thereon, public utilities and
appurtenances; and
WHEREAS, a public hearing was held on December 15, 2009, for the purpose of
discussing the proposed acquisition of an easement composed of a portion of the Southwest Quarter (SW
¼) of Section Twenty-two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the
City of Grand Island, Hall County, Nebraska, and more particularly described as follows:
TRACT # 1
Commencing at the southeast corner of the Southwest Quarter (SW 1/4), Section
Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th PM,
Grand Island, Hall County, Nebraska; thence northerly along the easterly line of said
Southwest Quarter (SW1/4), a distance of thirty three (33.0) feet to a point on the
northerly right-of-way line of Stolley Park Road; thence westerly along the northerly
right-of-way line of said Stolley Park Road, a distance of two hundred twenty (220.0)
feet; thence northerly and parallel with the easterly line of the said Southwest Quarter
(SW 1/4) and being along the westerly line of an existing twenty (20.0) foot wide
easement as described in Document 200411108 recorded in the Register of Deeds
Office, Hall County, Nebraska (on an assumed bearing of N00°00’00”E), a distance of
seventy three and twenty eight hundredths (73.28) feet to the ACTUAL Point of
Beginning; thence continuing N00°00’00”E, a distance of twenty (20.0) feet; thence
N89°33’52”W, a distance of thirty (30.0) feet; thence S00°00’00”E, a distance of
twenty (20.0) feet; thence S89°33’52”E, a distance of thirty (30.0) feet to the said
Point of Beginning.
The above-described easement and right-of-way tract containing 0.014 acres, more or
less, as shown on the plat dated 11/23/2009, marked Exhibit "A", Sheet 1 of 3,
attached hereto and incorporated herein by reference,
TRACT # 2
Commencing at the southeast corner of the Southwest Quarter (SW 1/4), Section
Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th PM,
Grand Island, Hall County, Nebraska; thence northerly along the easterly line of said
Southwest Quarter (SW 1/4), a distance of thirty three (33.0) feet to a point on the
northerly right-of-way line of Stolley Park Road; thence westerly along the northerly
right-of-way line of said Stolley Park Road, a distance of two hundred twenty (220.0)
feet; thence northerly and parallel with the easterly line of the said Southwest Quarter
(SW 1/4) and being along
- 2 -
the westerly line of an existing twenty (20.0) foot wide easement as described in
Document 200411108 recorded in the Register of Deeds Office, Hall County,
Nebraska (on an assumed bearing of N00°00’00”E), a distance of eight hundred forty
five and sixty six hundredths (845.66) feet to the ACTUAL Point of Beginning; thence
continuing N00°00’00”E, a distance of thirty one and two hundredths (31.02) feet;
thence N75°17’24”W, a distance of ninety three and sixty two hundredths (93.62) feet;
thence S00°00’00”E, a distance of thirty one and two hundredths (31.02) feet; thence
S75°17’24”E, a distance of ninety three and sixty two hundredths (93.62) feet to the
said Point of Beginning.
The above-described easement and right-of-way tract containing 0.064 acres, more or
less, as shown on the plat dated 11/23/2009, marked Exhibit "A", Sheet 2 of 3,
attached hereto and incorporated herein by reference,
TRACT # 3
Commencing at the southeast corner of the Southwest Quarter (SW 1/4), Section
Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th PM,
Grand Island, Hall County, Nebraska; thence northerly along the easterly line of said
Southwest Quarter (SW 1/4), a distance of thirty three (33.0) feet to a point on the
northerly right-of-way line of Stolley Park Road; thence westerly along the northerly
right-of-way line of said Stolley Park Road, a distance of two hundred twenty (220.0)
feet; thence northerly and parallel with the easterly line of the said Southwest Quarter
(SW 1/4) and being along the westerly line of an existing twenty (20.0) foot wide
easement as described in Document 200411108 recorded in the Register of Deeds
Office, Hall County, Nebraska (on an assumed bearing of N00°00’00”E), a distance of
one thousand four hundred sixty one and fifty seven hundredths (1,461.57) feet to the
ACTUAL Point of Beginning; thence continuing N00°00’00”E, a distance of twenty
(20.0) feet; thence S89°58’21”W, a distance of eighty six (86.0) feet; thence
S00°00’00”E, a distance of twenty (20.0) feet; thence N89°58’21”E, a distance of
eighty six (86.0) feet to the said Point of Beginning.
The above-described easement and right-of-way tract containing 0.039 acres, more or
less, as shown on the plat dated 11/23/2009, marked Exhibit "A", Sheet 3 of 3,
attached hereto and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from the Hall County Livestock Improvement Association on
the above-described tract of land.
- - -
- 3 -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2009-317 - Approving Bid Award - On-Site Technical Advisor for
GT3 Combustion Inspection - Burdick Station
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: December 15, 2009
Subject: On-Site Technical Advisor for GT3 Combustion
Inspection
Item #’s: G-13
Presenter(s): Gary R. Mader, Utilities Director
Background
Burdick Generating Station utilizes three steam turbines and three gas turbines for
electrical generation. Gas Turbine 3 (GT3) is a General Electric Frame 6 turbine
generator and was commissioned in 2003. Based on the hours of operation and the
number of unit starts, the manufacturer recommends performing a combustion inspection.
A combustion inspection includes dismantling and inspection of combustion path
components such as fuel nozzles and combustion chambers and is needed to properly
ensure proper combustion for unit performance, efficiency, and emission control. It is
also used to determine any future repair work based on the manufacturer’s
recommendations. In performing turbine generator inspections of this scope, the
Department utilizes technical advisors specializing in these services. The advisors work
with plant management to schedule work activities, order replacement parts, and provide
technical guidance to plant maintenance staff during the inspection. Plant staff developed
specifications to solicit bids for technical advisors for this work which included
requirements of experience and factory training for General Electric Frame 6 gas turbine
generator combustion inspections.
Discussion
The specifications for the On-site Technical Advisor for GT3 Combustion Inspection
were advertised and issued for bid in accordance with the City purchasing code. Bids
were publicly opened on December 1, 2009. Specifications were sent to 16 potential
bidders and responses were received as listed below. The engineer’s estimate for this
project was $75,000.00.
Bidder Bid Price
ProEnergy Services, Sedalia, MO $18,845.00
Sulzer Turbo Services, La Porte, TX $19,260.00
HPI, LLC, Houston, TX $27,958.00
GE Energy, Omaha, NE $ 42,602.05
Pond and Lucier, Clifton Park, NY $46,000.00
The bids were reviewed by plant management staff. The specification required that the
bidder provide a reference list of projects of similar scope and complexity. It also
required that the advisor must have participated in training by the manufacturer and have
experience with similar equipment. The bids from HPI, ProEnergy, and Sulzer did not
provide the required experience or training for General Electric Frame 6 combustion
inspections. The bids from GE Energy and Pond & Lucier are compliant with
specifications and less than the engineer’s estimate. GE Energy is the original equipment
manufacturer. Plant staff recommends awarding the GT3 combustion inspection technical
services contract to GE Energy as the low responsive bid.
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 On-Site
Technical Advisor for GT3 Combustion Inspection to GE Energy of Omaha, NE, as the
low responsive bidder, in the amount of $42,602.05.
Sample Motion
Move to approve award of the technical services contract to GE Energy for the On-Site
Technical Advisor for GT3 Combustion Inspection.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: December 1, 2009 at 11:00 a.m.
FOR: On-Site Technical Advisor for GT3 Combustion Inspection
DEPARTMENT: Utilities
ESTIMATE: $75,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: November 19, 2009
NO. POTENTIAL BIDDERS: 16
SUMMARY
Bidder: ProEnergy Services GE Energy
Sedalia, MO Omaha, NE
Bid Security: Western Surety Company Liberty Mutual Insurance Co.
Exceptions: Noted Noted
Bid Price:
Labor: $18,845.00 $39,815.00
Sales Tax: --- $ 2,787.05
Total Bid Price: $18,845.00 $42,602.05
Bidder: Sulzer Turbo Services Pond And Lucier
La Porte, TX Clifton Park, NY
Bid Security: Vigilant Insurance Co. $2,500.00
Exceptions: Noted Noted
Bid Price:
Labor: $18,000.00 $46,000.00
Sales Tax: $ 1,260.00 Exception
Total Bid Price: $19,260.00 $46,000.00
Bidder: HPI, LLC
Huston, TX
Bid Security: International Fidelity Ins. Co.
Exceptions: Noted
Bid Price:
Material: $ 6,958.00
Labor: $21,000.00
Sales Tax: --------------
Total Bid Price: $27,958.00
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist.
Larry Keown, Power Plant Supt. Karen Nagel, Utilities Secretary
P1385
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-317
WHEREAS, the City Electric Department invited sealed bids for On-Site Technical
Advisor for GT3 Combustion Inspection at the Burdick Generating Station; and
WHEREAS, on December 1, 2009, bids were received, opened and reviewed; and
WHEREAS, GE Energy of Omaha, Nebraska, submitted a bid in accordance with the
terms of the advertisement for bids and the specifications and all other statutory requirements contained
therein, such bid being in the amount of $42,602.05; and
WHEREAS, the bid of GE Energy is less than the estimate for On-Site Technical Advisor
for GT3 Combustion Inspection at Burdick Generating Station.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GE Energy of Omaha, Nebraska in the
amount of $42,602.05 for On-Site Technical Advisor for GT3 Combustion Inspection at Burdick
Generating Station is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2009-318 - Approving Neighborhood Stabilization Program
Housing Developer Agreements
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Council Meeting: December 15, 2009
Subject: Approving Neighborhood Stabilization Program Housing
Developer Agreements
Item #: G-14
Presenter(s): Joni Kuzma, Community Development Adminis trator
Background
In October, the City of Grand Island was awarded a $993,000 Neighborhood Stabilization
Program grant from the Nebraska Department of Economic Development. The grant will enable
the city to purchase and demolish at least six (6) vacant, blighted structures and redevelop the
lots into six (6) new homes.
Habitat for Humanity and the Housing Development Corporation are non-profit housing
developers partnering on the grant. Per the grant contract between the state and the city, both
entities are eligible to redevelop 3 of the properties. The City must enter into a Housing
Developer Agreement with each organization to move forward with construction of new
housing.
Discussion
Housing Developer Agreements for each organization have been included in the Council packet.
The agreements are different based on the amount of construction subsidy per agency. Habitat
for Humanity is funding the construction of their three (3) houses internally so will not have a
construction subsidy. The houses constructed by the Housing Development Corporation will be
subsidized through the grant. The agreement with the Housing Development Corporation
addresses requirements associated with the subsidy that do not need to be addressed in the
Habitat agreement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the Neighborhood Stabilization Program Housing Developer Agreements
and authorize the Mayor to sign all related documents
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that Council approves the Neighborhood Stabilization Program
Housing Developer Agreements and authorizes the Mayor to sign all related documents.
Sample Motion
Move to approve the Neighborhood Stabilization Program Housing Developer Agreements and
authorize the Mayor to sign all related documents.
1
DEVELOPMENT AGREEMENT
NEIGHBORHOOD STABILIZATION PROGRAM
CITY OF GRAND ISLAND, NEBRASKA AND
HOUSING DEVELOPMENT CORPORATION
THIS AGREEMENT is approved as of this 15th day of December, 2009, by and
between the CITY OF GRAND ISLAND, NEBRASKA, located at 100 East First Street,
Grand Island, Nebraska 68801, hereinafter referred to as the “City,” and the Housing
Development Corporation, whose local office is located at 1811 W. 2nd Street, Grand
Island, NE, hereinafter referred to as the “Developer” or “HDC.”
IT IS AGREED by and between the parties as follows:
I. PERIOD OF PERFORMANCE
The activities described in this Agreement are to begin no later than July 31,
2010, and shall be completed no later than June 1, 2011. All eligible activities and costs
are limited to the above time period, with the exception of eligible pre-development costs
specifically approved for reimbursement by the City. This Agreeme nt shall remain in full
force and effect with respect to the Developer until such time the Property has been
conveyed to a qualified homebuyer under the terms and conditio ns of this Agreement.
II. GENERAL ACTIVITIES AND DEFINITIONS
A. Project Summary. The City will acquire certain parcels of real estate for
demolition and redevelopment through the Neighborhood Stabilization Program (NSP).
To the extent possible, input from the Housing Development Corporation will be
included in the decision-making process regarding which properties are acquired for
demolition and redevelopment. In the property selection process, the floor plan design of
the Housing Development Corporation will be considered in relation to lot size and
location.
When the demolition is completed, the City will transfer the property to the
Housing Development Corporation retaining a trust deed or mortgage lien. Upon
completion of redevelopment in accordance with the terms and conditions of this
Agreement, the Property shall be sold to an eligible household consistent with the NSP
grant and contract 093N11 with the Nebraska Department of Economic Development
(NDED) both of which are attached hereto and incorporated herein by reference.
B. Definitions. The following definitions shall apply to this Agreement:
1. “Project” shall include all activities related to acquisition,
redevelopment, sale and occupancy of the Property.
2. “Buyer” shall refer to the person or persons purchasing the Property.
3. “Appraisal” shall refer to a real property appraisal conducted by an
independent qualified appraiser to determine the market value of the Property.
The City reserves the right to select or approve the appraiser.
2
4. “Total Development Cost” includes, but is not limited to, all costs for
site acquisition, relocation, demolition, construction , and closing costs.
C. Commitment of Funds. Prior to completion of an environmental review by the
City, the Developer shall not make any commitment if it would have an adverse
environmental impact or limit the choice of reasonable project alternatives.
D. Eligible Costs. All Project costs under this Agreement must be eligible under
Community Development Block Grant program regulations and Neighborhood
Stabilization Program rules. The City reserves the right to make the final determination as
to the eligibility of any cost under this Agreement.
E. Forms of Assistance. Assistance may be provided as described below:
1. Non-interest bearing financing to support acquisition, construction
and/or other eligible costs related to the redevelopment of the Property. The
amount of any direct subsidy assistance to be repaid to the City shall be set forth
in separate documents.
2. A development subsidy which shall be equal to the difference between
the total development cost of the Property and the sales price of the Property. The
development subsidy shall be consistent with program guidelines.
3. A developer fee of $10,000 to be disbursed to HDC in installments
during development of the property. The final installment may be disbursed after
closing on the sale of the Property to an income eligible buyer and the submission
of all required reports and documentation determined necessary by the City.
F. Calculation of Financing Repayment. The amount of construction financing to
be repaid to the City shall be equal to the total amount of assistance provided by the City
through this Agreement for the Property less:
G. Development Schedule. Prior to the commencement of redevelopment, the
Developer shall submit a development schedule for the Property. The development
schedule shall be in sufficient detail to allow the City to monitor the progress of the
Developer in completing its obligations under this Agreement.
H. Construction Trust Deed. Prior to the disbursement of funds for the Property,
the Developer shall execute a trust deed and notice of commencement to the City to
secure repayment of funds approved by the City for the redevelopment of the Property.
III. ACQUISITION, PRE-DEVELOPMENT AND CONSTRUCTION
REQUIREMENTS
A. Acquisition. The City will acquire properties for demolition in accordance with
all applicable City and Neighborhood Stabilization Program requirements.
B. Compliance with Applicable Codes. The Developer shall comply with all
applicable codes and pay all applicable fees during the period of time it owns the
3
Property. The Property shall be subject to inspection or examination by the City, or its
authorized representative(s), at any reasonable time. Keys will be provided to the City
for project properties at the time the unit is closed in.
C. Property Standards. At the time of initial occupancy by a qualified buyer, the
Property shall comply with all applicable codes and ordinances; City Housing
Rehabilitation Standards; applicable federal, state and local laws, regulations and
requirements; and program terms and conditions of the attached NSP grant and NDED
contract number 093N11.
D. Oversight of Redevelopment. The Developer shall be responsible for ensuring
that all redevelopment work is carried out in accordance with all applicable laws, codes,
rules, regulations, standards and ordinances. During construction, HDC will pay utilities;
upkeep costs such as mowing and weed control; construction insurance; property taxes;
and other miscellaneous expenses related to project development will be reimbursable
through the program, all of which are eligible costs.
E. Review of Plans and Specifications. Prior to commencing construction, the
Developer shall submit to the City for review and approval, plans, specifications and
other information, in form and substance acceptable to the City, describing the proposed
redevelopment work on the Property. The Developer shall incorporate into the plans and
specifications any changes or additions the City determines necessary to meet the
property standards set forth in this Agreement.
F. Final Development Budget. The Developer shall submit a final development
budget for the Property to the City. The development budget shall be in a form and
substance acceptable to the City, and provide detailed information on costs related to the
redevelopment and sale of the Property.
G. Projected Post-rehabilitation Market Value. The Developer shall provide the
City with a projection of the post-redevelopment market value of the Property.
H. Environmental Requirements. The Developer shall comply with all
environmental related requirements that the City determines necessary.
I. Commencement of Work. The Developer shall not commence construction or
redevelopment activities or any other work that results in a physical change to the
Property until written approval is granted by the City. The minimum requirements listed
below shall be complied with prior to the City granting of written approval to commence
work. The City reserves the right to grant written approval to commence work that is
limited in scope and nature prior to these requirements being met, and/or require that
additional requirements other than those specified below be met prior to granting
approval to commence work.
1. The City has comp leted an environmental review of the Property.
2. All applicable property acquisition requirements have been completed.
4
3. The City has a completed Third Party Appraisal or a written estimate of
the post-rehabilitation market value of the Property.
4. The specifications and plans for the redevelopment of the Property
have been submitted to and approved by the City.
5. A development budget for the Property showing the total development
cost and sources and uses of funds has been submitted to and approved by the
City.
6. The Developer has obtained a Building Permit and has obtained all
other necessary approvals, permits, and licenses.
7. All applicable insurance and bonding requirements have been complied
with.
8. The Developer has recorded a notice of commencement with the
Register of Deeds after recording the construction trust deed.
J. Change Orders. All change orders shall be in writing and shall be submitted to
the City for review and approval prior to any change in the scope of work being approved
or implemented by the Developer. A copy of each change orders approved by the
Developer shall be provided to the City immediately after execution.
K. Lien Waivers. The Developer shall obtain lien waivers from all parties
providing labor, materials or equipment for the rehabilitation of the Property. The
Developer shall immediately notify the City in writing if a Claim or Lien is filed by any
party that has provided labor, materials or equipment for the rehabilitation or construction
of the Property. The notification shall include the name of the party filing the claim, the
amount of the claim, a description of the circumstances surrounding the filing of the
claim and actions taken and/or planned by the Developer to resolve the situation.
L. Completion of Redevelopment. The Developer shall commence work no later
than six months (6) after demolition of the Property and complete the redevelopment of
the Property no later than April 1, 2011, unless otherwise agreed to in writing by the City.
IV. OCCUPANCY AND BUYER ELIGIBILITY REQUIREMENTS
A. Occupancy of Property. The Property shall not be occupied without the prior,
written approval of the City. Prior to granting approval to occupy the Property, the
minimum requirements listed below shall be met.
1. Certificate of occupancy issued by the City Building Department.
2. Construction has been completed in accordance with program
guidelines.
3. Appropriate lease/purchase documents have been approved by the City
and executed by the parties.
B. Income Eligibility. At the time of sale or lease of the Property, the Buyer shall
meet program eligibility requirements. No unsupervised visits by potential homeowners
will be allowed at any time. The City, in coordination with the Housing Development
5
Corporation, will make arrangements with the on-site construction supervisors to show
the unit during construction and City and/or HDC staff will accompany potential buyers.
V. SALE AND CONVEYANCE OF THE PROPERTY
A. Purchase Agreement. In general, the Developer shall not enter into a purchase
agreement with a Buyer until approved by the City.
B. Minimum Sale Price. The minimum sale price shall initially be established at
the market value of the Property as determined by the City. Subsequent adjustments to
the minimum sale price may be made in consultation with and approval of the City. In no
event shall the sales price of the Property exceed the total development cost of the
Property, including the developer fee.
C. Closing on Sale of the Property. The Developer shall provide the City written
notice of the closing on the sale of the Property. The following shall occur at closing:
1. The Developer shall repay City financing as specified in this Agreement
less the subsidy grant and developer fee. The City shall release the trust deed lien
upon such repayment and receipt of waivers from all contractors and vendors.
2. The Developer shall convey ownership of the Property to the Buyer by
Warranty Deed.
3. The Buyer shall execute security documents and promissory note to the
City for any down payment assistance.
D. Sale on Lease/Purchase Basis. In the event the City and the Developer agree
that the Property may be sold on a lease/purchase basis, appropriate documents will be
submitted to the City for approval and execution prior to occupancy.
VI. REPORTING REQUIREMENTS
A. Prior to closing on the sale of the Property to a Buyer, the Developer shall
provide the City with a detailed statement of the total development cost for the Property.
The total development cost includes, but is not limited to, all redevelopment and closing
costs. The City reserves the right to request documentation of any cost shown in the
statement and to make the final determination on the eligibility of any cost contained in
the statement of total development cost.
VII. BUDGET AND METHOD OF PAYMENT
A. Amount of Agreement. The Developer shall be reimbursed by the City for all
actual, allowable costs under the terms of this Agreement in an amount not to exceed
program guidelines. This amount may be increased, at the sole discretion of the City,
with the written approval of the Community Development Administrator and program
coordinator.
6
B. Method of Payment. The City shall provide payment to the Developer for
actual, allowable costs under the terms of this Agreement, upon submission of required
documentation to the City, and after approval of such documentation by the City. The
funds may not be requested until such funds are needed for the payment of eligible costs.
The amount of each request shall be limited to the amount needed, as determined by the
City.
VIII. MISCELLANEOUS PROVISIONS
A. This agreement contemplates one or more projects funded through the
Nebraska Department of Economic Development Neighborhood Stabilization Program.
Other developers may be used by the City and the number of projects in which the HDC
will participate is not guaranteed nor is the HDC the exclusive developer under this
program.
B. This agreement will automatically renew for projects financed by reuse funds
from the original projects contemplated by this Agreement unless notice is received from
either party to terminate the agreement. Notwithstanding such automatic renewal,
nothing in this agreement shall obligate the City or the Developer to participate in future
projects with each other or to prevent the City from engaging any other person or entity
as a developer for future projects.
Effective this 15th day of December, 2009
_____________________________________________________
Margaret Hornady, Mayor
CITY OF GRAND ISLAND
_____________________________________________________
Linda Addison, Executive Director
HOUSING DEVELOPMENT CORPORATION
1
DEVELOPMENT AGREEMENT
NEIGHBORHOOD STABILIZATION PROGRAM
CITY OF GRAND ISLAND, NEBRASKA AND
GRAND ISLAND AREA HABITAT FOR HUMANITY, INC.
THIS AGREEMENT is approved as of this 15th day of December, 2009, by and
between the CITY OF GRAND ISLAND, NEBRASKA, located at 100 East First Street,
Grand Island, Nebraska 68801, hereinafter referred to as the “City,” and GRAND
ISLAND AREA HABITAT FOR HUMANITY, INC., whose principal office is located
at 410 W. 2nd St., Suite 6, Grand Island, NE, hereinafter referred to as the “Developer” or
“Habitat.”
IT IS AGREED by and between the parties as follows:
I. PERIOD OF PERFORMANCE
The activities described in this Agreement are to begin no later than July 31,
2010, and shall be completed no later than June 1, 2011. All eligible activities are limited
to the above time period, with the exception of eligible activities specifically approved by
the City. This Agreeme nt shall remain in full force and effect with respect to the
Developer until such time the Property has been conveyed to a qualified homebuyer
under the terms and conditions of this Agreement.
II. GENERAL ACTIVITIES AND DEFINITIONS
A. Project Summary. The City will acquire certain parcels of real estate for
demolition and redevelopment through the Neighborhood Stabilization Program (NSP).
To the extent possible, input from GRAND ISLAND AREA HABITAT FOR
HUMANITY, INC. will be included in the decision-making process regarding which
properties are acquired for demolition and redevelopment. In the property selection
process, the floor plan design of GRAND ISLAND AREA HABITAT FOR
HUMANITY, INC. will be considered in relation to lot size and location.
When the demolition is completed, the City will transfer the property to the
GRAND ISLAND AREA HABITAT FOR HUMANITY, INC. retaining a trust deed or
mortgage lien. Upon completion of redevelopment in accordance with the terms and
conditions of this Agreement, the Property shall be sold to an eligible household
consistent with the Neighborhood Stabilization Program grant and contract 093N11 with
the Nebraska Department of Economic Development (NDED) both of which are attached
hereto and incorporated herein by reference.
B. Development Schedule. Prior to the commencement of redevelopment, the
Developer shall submit a development schedule for the Property. The development
schedule shall be in sufficient detail to allow the City to monitor the progress of the
Developer in completing its obligations under this Agreement.
2
III. ACQUISITION, PRE-DEVELOPMENT AND CONSTRUCTION
REQUIREMENTS
A. Acquisition. The City will acquire properties for demolition in accordance with
all applicable City and Neighborhood Stabilization Program requirements. If Habitat
owns a qualifying property, the City may elect to provide demolition assistance. In that
event, Habitat will comply with the terms of the NSP grant and NDED contract with
respect to construction of improvements and sale to a qualified buyer.
B. Compliance with Applicable Codes. The Developer shall comply with all
applicable codes and pay all applicable fees during the period of time it owns the
Property.
C. Property Standards. At the time of initial occupancy by a qualified buyer, the
Property shall comply with all applicable codes and ordinances; City Housing Minimum
Housing Standards; applicable federal, state and local laws, regulations and
requirements; and program terms and conditions of the attached NSP grant and NDED
contract number 093N11.
D. Oversight of Redevelopment. The Developer shall be responsible for ensuring
that all redevelopment work is carried out in accordance with all applicable laws, codes,
rules, regulations, standards and ordinances.
E. Completion of Redevelopment. The Developer shall commence work no later
than six months (6) after demolition of the Property and complete the redevelopment of
the Property no later than April 1, 2011, unless otherwise agreed to in writing by the City.
IV. OCCUPANCY AND BUYER ELIGIBILITY REQUIREMENTS
A. Income Eligibility. At the time of sale or lease of the Property, the Buyer shall
meet program eligibility requirements.
B. Minimum Sale Price. The minimum sale price shall be consistent with the
terms and conditions of the NSP grant and NDED contract.
C. Closing on Sale of the Property. The Developer shall provide the City written
notice of the closing on the sale of the Property. The City shall release the trust deed lien
upon receipt of documentation that all grant conditions have been satisfied. A developer
fee of $4,000 will be disbursed to Habitat after closing on the sale of the Property to an
income eligible buyer and the submission of all required reports and documentation
determined necessary by the City.
3
V. MISCELLANEOUS PROVISIONS
A. This agreement contemplates one or more projects funded through the
Nebraska Department of Economic Development Neighborhood Stabilization Program.
Other developers may be used by the City and the number of projects in which
HABITAT will participate is not guaranteed nor is HABITAT the exclusive developer
under this program.
B. This agreement will automatically renew for projects financed by reuse funds
from the original projects contemplated by this Agreement unless notice is received from
either party to terminate the agreement. Notwithstanding such automatic renewal,
nothing in this agreement shall obligate the City or the Developer to participate in future
projects with each other or to prevent the City from engaging any other person or entity
as a developer for future projects.
Effective this 15th day of December, 2009
_____________________________________________________
Margaret Hornady, Mayor
CITY OF GRAND ISLAND
_____________________________________________________
Dana Jelinek, Executive Director
GRAND ISLAND AREA HABITAT FOR HUMANITY, INC.
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-318
WHEREAS, the City of Grand Island, Nebraska was awarded a $993,000 Neighborhood
Stabilization Program (NSP) grant from the Nebraska Department of Economic Development; and
WHEREAS, the grant will enable the city to purchase and demolish at least six (6) vacant,
blighted structures and redevelop the lots into six (6) new homes,
WHEREAS, Habitat for Humanity and the Housing Development Corporation are non-
profit housing developers partnering on the grant and are eligible to redevelop at least three properties
each,
WHEREAS, the City must enter into a Housing Developer Agreement with each
organization to move forward with construction of new housing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
The City of Grand Island, Nebraska is hereby authorized to enter into Housing Developer
Agreements with Habitat for Humanity and the Housing Development Corporation and the Mayor is hereby
authorized and directed to execute such contracts.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G15
#2009-319 - Approving Nebraska Children and Families
Foundation Contract for Coalition for Children Development
Grant
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Meeting: December 15, 2009
Subject: Approve Demonstration Grant Contract with Nebraska
Children & Families Foundation
Item #’s: G-15
Presenter(s): Joni Kuzma, Community Development Administrator
Background
The Coalition for Children was formed in September 2004 by a small group of human
service professionals who shared a concern youth in Hall County. In 2007, the Nebraska
Children and Families Foundation (NCFF) committed three years of funding for the
Coalition for Children to build community collaboration to improve the local service
system to children. The NCFF Board of Directors recently approved extending the
Learning Collaborative grant to a total of five years and have awarded funds for the 2010
calendar year.
Grand Island was one of three Nebraska communities chosen to pilot this collaboration
building project. Ogallala and Valentine are also Demonstration grant recipients. The
City received grant awards in 2007, 2008, and 2009. This grant has allowed the
community to form a Coalition that monitors community policies, decisions, and
programs that impact children and families; hire an Administrative Assistant ; create a
year-long collaboration building curriculum to train a Leadership Team; and given the
Steering Committee an opportunity to meet with NCFF staff, state Health and Human
Services staff, and others at the state level who work with or fund programs that affect
children and families. This is the fourth year of funding of a five-year grant cycle.
Discussion
The Nebraska Children and Families Foundation (NCFF) has awarded $19,867.05 to the
City of Grand Island to support the activities of the Coalition for Children. The grant
contract period is 1/1/2010 - 12/31/2010. The City will serve as fiscal agent. An award
letter and contract have been received by the City and need to be signed by the Mayor to
accept the grant award.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Demonstration grant contract with the Nebraska Children and
Families Foundation and authorize the Mayor to sign all related documents
2. Refer the issue to a Committee
3. Postpone the issue to future date
Recommendation
City administration recommends that Council approve the Demonstration grant contract
with the Nebraska Children and Families Foundation and authorize the Mayor to sign all
related documents
Sample Motion
Move to approve the Demonstration grant contract with the Nebraska Children and
Families Foundation and authorize the Mayor to sign all related documents
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-319
WHEREAS, the Coalition for Children was formed in September 2004 by service
professionals who shared a concern about youth in Hall County; and
WHEREAS, the Coalition formed a community collaborative to create a social climate
where children are valued, safe, and healthy; and
WHEREAS, in 2007, the Nebraska Children and Families Foundation committed three
years of funding to the City of Grand Island for the Coalition for Children to build community collaboration
to improve the local service system to children.
WHEREAS, Grand Island was one of three Nebraska communities chosen to pilot this
collaboration building project and received grant awards in 2007, 2008 and 2009;
WHEREAS, the NCFF Board of Directors approved extending the funding for Learning
Collaborative grantees to a total of five years; and
WHEREAS, the Nebraska Children and Families Foundation (NCFF) has awarded
$19,867.05 to the City of Grand Island to support 2010 activities of the Coalition for Children and this is
the fourth year of funding in a five year grant cycle; and
WHEREAS, the City of Grand Island will serve as fiscal agent for the grant period which
runs January 1, 2010 through December 31, 2010; and
WHEREAS, an award letter and contract have been received by the City and must be
signed by the Mayor in order to accept the grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the contract for the Nebraska Children and
Families Foundation Demonstration Grant is approved and that the Mayor is hereby authorized and directed
to execute any related documents on behalf of the City of Grand Island for such grant program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2009-320 - Approving Bid Award for Section C - Paving
Improvements for Veterans Athletic Field Complex
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: December 15, 2009
Subject: Approving Bid Award for Section "C" Paving
Improvements for Veterans Athletic Field Complex
Item #’s: G-16
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
On November 6, 2009 the Parks and Recreation Department, advertised for bids for
paving improvements at the Veterans Athletic Complex. Seven firms provided bids for
this work. The bid was broken down into parts A, A and B and A-B-and C for Portland
Cement Concrete. Sections A and B were previously awarded to Diamond Engineering.
Discussion
After conversations with the Legal Department it was determined that Section "C" needs
to be awarded at this time. A paragraph within this agreement allows for the City to
cancel this contract if it is determined it is in the best interest of the City to do so, with no
penalty to the City. The additional paving work will provide additional parking for
participants and fans to use. Fund number 40044450 90122 Soccer/Bball Fields-Vets
Home has funds budgeted for this purpose.
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 award of a contract to
Diamond Engineering in the amount of $57,226.75.
Sample Motion
Move to award contract to Diamond Engineering for the paving improvements at the
Veterans Athletic Field Complex.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 18, 2009 at 11:00 a.m.
FOR: Paving Improvements for New Veterans Athletic Field Complex
DEPARTMENT: Park & Recreation
ESTIMATE: $605,000.00
FUND/ACCOUNT: 40044450-90122
PUBLICATION DATE: November 6, 2009
NO. POTENTIAL BIDDERS: 21
SUMMARY
Bidder: The Diamond Engineering Co. Gary Smith Const. Co., Inc.
Grand Island, NE Grand Island, NE
Bid Security: Universal Surety Company Inland Insurance Company
Exceptions: None None
Bid Price: Alternate Bid Price:
Section A – Paving: $306,067.20 $289,053.50
Section B – Paving: $ 58,597.60 $ 52,285.00
Section C – Paving: $ 57,226.75 $ 52,941.00
Total Cost by Sections:
Section A: $306,067.20 $289,053.50
Section A + B: $364,664.80 $341,338.50
Section A + B + C: $421,891.55 $394,279.50
Bidder: Stephens & Smith Construction Co. J.I.L. Asphalt Paving Co.
Lincoln, NE Grand Island, NE
Bid Security: Granite RE, Inc. Inland Insurance Company
Exceptions: None None
Bid Price: Alternate Bid Price:
Section A – Paving: $411,461.00 $315,519.35
Section B – Paving: $ 80,805.00 $ 58,058.05
Section C – Paving: $ 79,446.00 $ 57,843.20
Total Cost by Sections:
Section A: $411,461.00 $315,519.35
Section A + B: $492,266.00 $373,577.40
Section A + B + C: $571,712.00 $431,420.60
Bidder: Platte Valley Precast, Inc. Chief Construction Co.
Columbus, NE Grand Island, NE
Bid Security: Old Republic Surety Company Fidelity & Deposit Company
Exceptions: None None
Bid Price:
Section A – Paving: $377,071.00 $342,005.80
Section B – Paving: $ 65,102.00 $ 62,560.80
Section C – Paving: $ 63,766.00 $ 61,199.75
Total Cost by Sections:
Section A: $377,017.00 $342,005.80
Section A + B: $442,173.00 $404,566.60
Section A + B + C: $505,939.00 $465,766.35
cc: Steve Paustian, Parks & Recreation Director Patti Buetter, Parks Secretary
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator
P1381
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-320
WHEREAS, the City of Grand Island invited sealed bids for Paving Improvements
at the new Veterans Athletic Field Complex, according to plans and specifications on file with the Parks and
Recreation Department; and
WHEREAS, on November 18, 2009, bids were received, opened and reviewed; and
WHEREAS, Diamond Engineering from Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids, plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $57,226.75 for section C.
WHEREAS, the City retains the right to cancel this contract at anytime for the sole
convenience of the City without penalty.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Diamond Engineering from Grand Island,
Nebraska in the amount of $57,226.75 for Paving Improvements at the new Veterans Athletic Field
Complex is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2009-321 - Approving Certificate of Final Completion for
Engineering Services for Phase 1 Design of Veterans Athletic Field
Complex
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: December 15, 2009
Subject: Certificate of Final Completion-Engineering Services for
Phase 1 Design of the Veterans Athletic Field Complex
Item #’s: G-17
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Olsson Associates on August 5, 2009 to design the
Veterans Athletic Field Complex.
Discussion
All work associated with this contract has been completed and it is appropriate at this
time to close out the contract.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the certificate of final
completion and make final payment to Olsson Associates in the amount of $1,795.99.
Sample Motion
Move to close out the contract with Olsson Associates and make final payment in the
amount of $1,795.99 to Olsson Associates for the engineering design of the Veterans
Athletic Field Complex.
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-321
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for the Engineering Services for Phase 1 Design of the new Veterans
Athletic Field Complex, certifying that Olsson Associates of Grand Island, Nebraska, under contract dated
August 5, 2009, has completed such project according to the terms, conditions, and stipulations for such
improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for
Engineering Services for Phase 1 Design of the new Veterans Athletic Field
Complex is hereby confirmed.
2. That a warrant be issued from Account No. 40044450-90122 in the total amount
of $1,795.99 payable to Olsson Associates for the final amount due the contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2009-322 - Approving Reimbursement Agreement with AT & T
for Lowering Fiber Optics Cable at the Veterans Athletic Field
Complex
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: December 15, 2009
Subject: Approving Reimbursement Agreement with AT&T for
Lowering Fiber Optics Cable at the Veterans Athletic
Field Complex
Item #’s: G-18
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
During the design process of the Veterans Athletic Field Complex it was discovered that
an AT&T fiber optics cable was in conflict with the drainage system designed for the
Veterans Athletic Field Complex.
Discussion
Because of this conflict it will be necessary for AT&T to lower their cable along the east
end of the Complex. AT&T has determined it will cost an estimated $28,255.00 to lower
the cable. Design changes were considered however the best design will require this
lowering and it has been determined that we should proceed with the lowering of the
cable. Fund number 40044450 90122 Soccer/Bball Fields-Vets Home has funds budgeted
for this purpose.
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 Reimbursement
Agreement with AT&T for an estimated amount of $28,255.00.
Sample Motion
Move to enter into a Re imbursement Agreement with AT&T to lower their fiber optics
cable at the Veterans Athletic Field Complex.
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-322
WHEREAS, the City of Grand Island is in the process of developing a new athletic field
complex; and
WHEREAS, such project will require the lowering of a fiber optics cable by AT & T for the
construction of the athletic field complex; and
WHEREAS, the City of Grand Island has received an Reimbursement Agreement from
AT & T to lower the fiber optics cable; and
WHEREAS, AT & T submitted a Reimbursement Agreement for the lowering of the
fiber optics cable in the estimated amount of $28,255.00; and
WHEREAS, an Agreement with AT & T to perform work for such project has been
reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Reimbursement Agreement with AT & T for
lowering a fiber optics cable at the athletic field complex is hereby approved at an estimated cost of
$28,255.00.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2009-323 - Approving Change Order Number 1 for Street
Improvement Project No. 2009-P-3; First Street from Clark Street
to Eddy Street
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: December 15, 2009
Subject: Approving Change Order Number 1 for Street
Improvement Project No. 2009-P-3; First Street from
Clark Street to Eddy Street
Item #’s: G-19
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Diamond Engineering Company of Grand Island, Nebraska was awarded a
$95,206.60 contract on October 13, 2009 for the above project. The project provides for
concrete pavement replacement on First Street from Clark Street to Eddy Street
(eastbound US Highway 30). The concrete base underneath the asphalt surfacing on this
section of roadway was failing.
Discussion
The soil underneath the concrete base was unsuitable and removal was necessary to allow
for replacement of the foundation with suitable material. The lump sum cost for the
removal of the unsuitable base material and replacement of approximately 825 cubic
yards of suitable material is $5,500.00. The price per cubic yard is deemed fair and
reasonable when compared to the Nebraska Department of Road’s average unit bid
prices.
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 Number 1 for
Street Improvement Project No. 2009-P-3; First Street from Clark Street to Eddy Street.
Sample Motion
Move to approve Change Order Number 1.
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: December 15, 2009
PROJECT : Street Improvement Project No. 2009-P-3; First Street from Clark Street to Eddy Street
CONTRACTOR: The Diamond Engineering Company
CONTRACT DATE: October 13, 2009
To remove the unsuitable base material and replace with suitable material.
· Removal and Replace Unsuitable Material 1.00 each lump sum $ 5,500.00
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order ......................................................................................$ 95,206.60
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 5,500.00
Revised Contract Price Including this Change Order.................................................................$100,706.60
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 Company By_________________________________
Contractor Margaret Hornady, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-323
WHEREAS, on October 13, 2009, by Resolution 2009-258, the City of Grand Island
awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of
$95,206.60 for Street Improvement Project No. 2009-P-3; First Street from Clark Street to Eddy Street;
and
WHEREAS, it has been determined that modifications to the work to be performed by The
Diamond Engineering Company 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 Company are necessary; and
WHEREAS, the result of such modifications will increase the contract amount by
$5,500.00 for a revised contract price of $100,706.60.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City Of Grand Island and The Diamond Engineering
Company of Grand Island, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2009-324 - Approving Certificate of Final Completion for Street
Improvement Project No. 2009-P-3; First Street from Clark Street
to Eddy Street
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: December 15, 2009
Subject: Approving Certificate of Final Completion for Street
Improvement Project No. 2009-P-3; First Street from
Clark Street to Eddy Street (Eastboud US Highway 30)
Item #’s: G-20
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Diamond Engineering Company of Grand Island, Nebraska was awarded a
$95,206.60 contract for the above project on October 13, 2009. The contract was for the
concrete pavement replacement on First Street from Clark Street to Eddy Street
(eastbound US Highway 30). Work commenced on October 26, 2009 and was completed
on November 19, 2009.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications.
Change Order
There was a change order item to "Remove & Replace Unsuitable Material" because the
existing material under the roadway was a saturated heavy soil. The existing unsuitable
material would not provide a good base for the new pavement, so the material had to be
removed and replaced with a suitable soil. The $5,500 change order pays for removal of
the unsuitable material and replacing it with sand capped with cohesive soil to make a
construction working platform.
The pavement west of the end of the project was showing signs of imminent failure.
Rather then risk opening the street to traffic and having another pavement failure, and
additional 90 square yards of pavement was removed and replaced using contract unit
prices. Section 2.02 of the City of Grand Island Standard Specifications that are part of
the contract allow the quantities to be increased or decreased. Section 4.03 further
provides for the work to be performed at contract unit price. The extra pavement removed
and replaced totaled an increase in payment due to the contractor of $5,675.06.
$ 95,206.60 Original Contract
$ 5,500.00 Change Order Number 1
$ 5,675.06 Increased Pavement Removal
$ 8.55 Miscellaneous Contract Item Underruns
$ 106,373.11 Final Contractor Payment
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Street Improvement Project No. 2009-P-3; First Street from Clark Street
to Eddy Street (Eastbound US Highway 30).
Sample Motion
Move to approve the Certificate of Final Completion for Street Improvement Project No.
2009-P-3.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Street Improvement Project No. 2009-P-3
First Street; Clark Street to Eddy Street (Eastbound US Highway 30)
CITY OF GRAND ISLAND, NEBRASKA
December 15, 2009
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Street Improvement Project No. 2009-P-3 has been fully completed by The Diamond
Engineering Company of Grand Island, Nebraska under the contract dated October 13, 2009. The work has
been completed in accordance with the terms, conditions, and stipulations of said contract and complies with
the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island,
Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943.
Street Improvement Project No. 2009-P-3
Unit Total Total
No. Description Price Unit Quantity Cost
1. Sawcut Existing Surfacing $ 4.10 l.f. 134.00 $ 549.40
2. Remove Existing Surfacing $ 7.55 s.y. 1,269.27 $ 9,582.99
3. 10” P.C. Concrete Paving with Dowel Bars $ 52.65 s.y. 1,269.27 $66,827.07
4. 6” P.C. Concrete Integral Curb $ 2.10 l.f. 569.00 $ 1,194.90 5. 4” Crushed Concrete Base Course $ 8.55 s.y. 1,436.44 $12,281.57
6. Transverse Expansion Joint $ 347.00 ea. 0.00 $ 0.00
7. Remove Existing Driveway Surfacing $ 0.77 s.f. 631.00 $ 485.87
8. 6” P.C. Concrete for Driveways $ 5.10 s.f. 482.91 $ 2,462.85
9. Remove Existing Sidewalk $ 0.62 s.f. 917.50 $ 568.85
10. 4” P.C. Concrete for Sidewalks $ 5.15 s.f. 873.71 $ 4,499.61
11. Remove, Salvage and Replace Stone Walk $ 8.50 s.f. 10.00 $ 85.00 12. Adjust Existing Manhole to Grade $ 135.00 ea. 3.00 $ 405.00
13. Landscaping and Underground Sprinkler Repair $1,930.00 l.s. 1.00 $ 1,930.00
14. Remove and Replace Unsuitable Base Material $5,500.00 l.s. 1.00 $ 5,500.00
---------------
Original Project Total $106,373.11
I hereby recommend that the Engineer’s Certificate of Final Completion for Street Improvement Project No.
2009-P-3 be approved.
____________________________________________ ___________________________________
Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-324
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a
Certificate of Completion for Street Improvement Project No. 2009-P-3; First Street from Clark Street to
Eddy Street (Eastbound US Highway 30), certifying that The Diamond Engineering Company, of Grand
Island, Nebraska, under contract, has completed the street improvement; and
WHEREAS, there was an overrun of $11,166.51 for the overall project; and
WHEREAS, the total cost of the project is $106,373.11; 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 Street
Improvement Project No. 2009-P-3; First Street from Clark Street to Eddy Street (Eastbound US
Highway 30), is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G21
#2009-325 - Approving Bid Award for One (1)Telehandler for the
Wastewater Division of the Public Works Department
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: December 15, 2009
Subject: Approving Bid Award for One (1)Telehandler for the
Wastewater Division of the Public Works Department
Item #’s: G-21
Presenter(s): Steven P. Riehle, Public Works Director
Background
On November 11, 2009 the Wastewater Division of the Public Works Department
advertised for bids for one (1) Telehandler. The Telehandler is an off-road extendable
boom forklift that will be used to unload grit & grease dumpsters, remove snow and lift
heavy equipment.
Discussion
Five (5) bidders submitted bids that were opened on November 19, 2009. The
Wastewater Division of the Public Works Department and the Purchasing Division of the
City’s Attorney’s Office have reviewed the bids that were received. A summary of the
bids is shown below.
Bidder Exceptions Bid Price
NCS Equipment of Grand Island, NE None $65,200
Alternatives-
801–1200 hrs = $56,550.00
1201–1600 hrs = $49,300.00
Central Nebraska Bobcat of Grand
Island, NE
Noted $68,680.88
Fairbanks of Grand Island, NE None $68,750.00
0-400 hrs = $71,850.00
NMC/Nebraska Machinery Co. of
Doniphan, NE
None $85,830.00
0-400 hrs = $78,775.00
401-800 hrs = $73,175.00
801-1200 hrs = $58,765.00
1201-1600 hrs = $54,850.00
The bid of NCS Equipment for a brand new Telehandler is $200 above the estimate, but
is considered fair, reasonable and competitive when reviewed and compared with the
other bids received.
Public Works Administration recommends purchasing the new telehandler from NCS
Equipment of Grand Island, Nebraska because it is a new machine that not only was the
low bidder, but it also far exceeds many of the specifications, including a warranty.
Sufficient funds are available in Account No. 53030054.85615.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the bid award to NCS
Equipment of Grand Island, Nebraska in the amount of $65,200.00.
Sample Motion
Move to approve the bid award.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 19, 2009 at 11:00 a.m.
FOR: (1) Telehandler
DEPARTMENT: Public Works
ESTIMATE: $65,000.00
FUND/ACCOUNT: 53030054-85615
PUBLICATION DATE: November 11, 2009
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: NMC/Nebraska Machinery Co. Central Nebraska Bobcat
Doniphan, NE Grand Island, NE
Exceptions: None Noted
Bid Price: $85,830.00 $68,680.88
Bid Alternatives:
1. Telehandeler w/0 – 400 hrs: $78,775.00
2. Telehandeler w/401 – 800 hrs: $73,175.00
3. Telehandeler w/801 – 1200 hrs: $58,765.00
4. Telehandeler w/1201 – 1600 hrs: $54,850.00
Bidder: Fairbanks Grand Island Fairbanks Grand Island
Grand Island, NE Grand Island, NE
Exceptions: None None
Bid Price: $68,750.00
Bid Alternatives:
1. Telehandeler w/0 – 400 hrs: $71,850.00
2. Telehandeler w/401 – 800 hrs:
3. Telehandeler w/801 – 1200 hrs:
4. Telehandeler w/1201 – 1600 hrs:
Bidder: NCS Equipment
Grand Island, NE
Exceptions: None
Bid Price: $65,200.00
Bid Alternatives:
1. Telehandeler w/0 – 400 hrs:
2. Telehandeler w/401 – 800 hrs:
3. Telehandeler w/801 – 1200 hrs: $56,550.00
4. Telehandeler w/1201 – 1600 hrs: $49,300.00
cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator John Rundle, Main. Supervisor WWTP
P1383
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-325
WHEREAS, the City of Grand Island invited sealed bids for one (1) Telehandler for the
Wastewater Division of the Public Works Department, according to plans and specifications on file with the
Public Works Department; and
WHEREAS, on November 19, 2009 bids were received, opened and reviewed; and
WHEREAS, NCS Equipment of Grand Island, Nebraska submitted a bid in accordance
with the terms of the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $65,200.00; and
WHEREAS, NCS Equipment’s bid is fair and reasonable for such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NCS Equipment of Grand Island,
Nebraska in the amount of $65,200.00 for one (1) new Telehandler is herby approved as the lowest
responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2009-326 - Consideration of Request from Club 69, Inc. dba Club
69, 106 East 3rd Street for a Class "C" Liquor License and
Manager Designation for Nickie Kallos, 1704 East .7th Street
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
December 10, 2009 ¤ City Attorney
R E S O L U T I O N 2009-326
WHEREAS, an application was filed by Club 69, Inc., doing business as Club 69, 106 East
3rd Street for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on December 5, 2009; such publication cost being $14.73; and
WHEREAS, a public hearing was held on December 15, 2009 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
_________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
_________________________________________________________
____ The City of Grand Island hereby recommends approval of Nickie Kallos, 1704
East 7th Street for liquor manager of such business upon the completion of a state
approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2009-327 - Consideration of Economic Development Incentive
Agreement with Structured Solutions, Inc.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: December 15, 2009
Subject: Approving Economic Development Incentive
Agreement with Structured Solutions, Inc.
Item #’s: I-2
Presenter(s): Jeff Pederson, City Administrator
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the City to extend economic development incentives through the Grand
Island Economic Development Corporation. The Economic Development Corporation
has received an application from Structured Solutions, Inc. to locate an expansion
business. On November 12, the Executive Board of the GIEDC approved submission of
the attached Economic Development Agreement to the Citizens Review Committee for
consideration and recommendation. The CRC met on December 8 and approved the
request and Agreement for recommendation to the City Council for final action and
approval.
Discussion
Structured Solutions, Inc., a highly technical computer database business that intends to
provide an integrated loan management system, submitted the required application (see
attached) for the amount of $600,000. Proposed is the creation of 200 new jobs over the
next three years with an average hourly wage of $17.50 to $28.65.
Structure Solutions, Inc., is a California company with a business plan to market and
support a leading next-generation integrated loan management system that integrates best
practice origination, services, collection, recovery management, asset management,
document management and accounting in one on-demand web-based platform. At the
core of the platform is a centralized notes system, role based workflow, and analysis
engine. Structured Solutions, Inc. allows businesses to run more efficiently and profitably
by eliminating errors, improving communications, and providing a single-source for
operational, financial, and risk-management information. Initial operations in Grand
Island would take place in an existing facility that will be leased by the company.
Details of the forgivable loan can be found in the attached Economic Development
Agreement. Due to capital needs of the company, the entire incentive package of
$600,000 would be provided up front rather than distributed over the course of the three-
year job creation period as has been customary in previous loans.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Economic Development Agreement with Structured
Solutio ns, Inc.
2. Do not approve the Economic Development Agreement with Structured
Solutions, Inc.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with Structured Solutions, Inc.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with Structured Solutions, Inc.
Approved as to Form ¤ ___________
December 11, 2009 ¤ City Attorney
R E S O L U T I O N 2009-327
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, Structured Solutions, Inc. has applied for a forgivable loan in the amount of
$600,000.00 towards job incentives from the Grand Island Area Economic Development Corporation in
accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of the
Economic Development Corporation and was approved on December 8, 2009 by the Citizens Advisory
Review Committee; and
WHEREAS, Structured Solutions, Inc. will be required to meet or exceed employment
numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the
economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to Structured Solutions, Inc. as provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and Structured Solutions,
Inc., to provide $600,000.00 in economic assistance to Structured Solutions, Inc., to be used for
developing its business in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 15, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of December 2, 2009
through 15, 2009
The Claims for the period of December 2, 2009 through December 15, 2009 for a total
amount of $4,320,758.85. A MOTION is in order.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Period of November 25,
2009 through December 15, 2009 for the Veterans Athletic Field
Complex
The Claims for the Veterans Athletic Field Complex for the period of November 25, 2009
through December 15, 2009 for the following requisitions.
#8 $62,373.42
#9 $ 324.64
Total: $62,698.06
A MOTION is in order.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J3
Approving Payment of Claims for the Period of November 25,
2009 through December 15, 2009 for the State Fair Recreation
Building
The Claims for the Period of November 25, 2009 through December 15, 2009 for the State
Fair Recreational Building for the following requisitions.
#8 $715,500.00
#9 $540,000.00
Total: $1,255,500.00
A MOTION is in order.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item X1
Update Concerning IBEW Union Negotiations
The City Council may vote to go into Executive Session as required by State law to discuss
IBEW Union negotiations.
Tuesday, December 15, 2009
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council