01-26-2010 City Council Regular Meeting PacketCity of Grand Island
Tuesday, January 26, 2010
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
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 E1
Public Hearing on Re-Adoption of the City of Grand Island
Official Zoning Map
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: January 26, 2010
Subject: Re-adoption City of Grand Island Zoning Map (C-04-
2010GI)
Item #’s: E-1 & G-6
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning the re-adoption of the City of Grand Island Zoning Map, as produced using
the Hall County Geographic Information System as the official zoning map for the City
of Grand Island.
Discussion
At the regular meeting of the Regional Planning Commission, held January 6, 2010, the
above item was considered following a public hearing. On March 25, 2008 the Grand
Island City Council approved using a map produced from the Hall County GIS as the
official zoning map for the City of Grand Island based on the 2004 Comprehensive Plan
for the City of Grand Island with all changes to the map as approved through March 25,
2008. As a matter of course, the City of Grand Island occasionally re-adopts the zoning
map incorporating all changes since the last re-adoption of the entire map along with
other changes as recommended by staff and the Hall County Regional Planning
Commission. This will allow a newly revised and adopted copy of the map to be printed
for official use by Council, staff and the general public. This hearing is being held for that
purpose. This map will also serve to give notice to all parties that the Grand Island City
limits, and 2 mile extraterritorial jurisdiction, is as shown on the map. Following some
additional discussion a motion was made by Haskins and seconded by Aguilar, to
recommend the approval of the above Re-adoption of the Zoning Map for the City of
Grand Island as presented. A roll call vote was taken and the motion passed with 7
members present all voting in favor (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins
and Connelly).
BACKGROUND:
The following chart shows the changes that have been approved by the Regional
Planning Commission and the Grand Island City Council since March 25, 2008,
including proposed changes through January 26, 2010.
Id ORD CHANGE LEGAL CASE FILEDATE
1 9226 R2 & LLR TO B2
PT. LT. 34 MATTEWS SUB. & PT
OF NW 1/4,SW 1/4, SEC 27-11-09 C-20-2009GI 07/14/2009
2 9225 R2 to R4 LT. 9 ISLAND ACRES SUB. C-19-2009GI 07/14/2009
3 9221 M2 to R3
PT. E 1/2, NW 1/4, SE 1/4, SEC. 21-
11-09 C-15-2009GI 05/26/2009
4 9220 M2 to LLR
S 1/2 LT. 4 GARDEN PLACE SUB.
PT. SEC. 3-11-09
C-14-
2009HC 05-26-2009
5 9212 B2 to M2 PT. NE 1/4,NW 1/4, SEC. 12-11-09 C-12-2009GI 03-24-2009
6 9211 TA to M1 PT. SE 1/4,NE 1/4, SEC. 25-11-10 C-10-2009GI 03-24-2009
7 9174
CD to Amended
CD
LOT 8 GRAND ISLAND MALL
8TH SUB. C-16-2008GI 06-24-2008
8 9173
RD to Amended
RD GOOD SAMARITAN SUB. C-15-2008GI 07-24-2008
The changes shown on this chart are represented on the new version of the Grand Island
Zoning map. A map delineating the location of these changes is attached.
The following areas approved for annexation by the Grand Island City Council between
March 25, 2008 and January 26, 2010. See Attached Map.
ID ORDINANCE LEGAL COMMENTS
1 9078 Part of the SE ¼ of Sec, 4,11,9
Capital Ave. East of BNSF
Rail
2 9214 Case New Holland US 281 and Webb Road
The annexations shown above did not impact the 2 mile extraterritorial jurisdiction of the
City.
ADDITIONAL CHANGES
No additional changes are being recommended to the Zoning Map this year.
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 proposed changes as
presented.
Sample Motion
Move to approve as recommended.
Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
December 7, 2009
SUBJECT: Concerning the re-adoption of the City of Grand Island Zoning Map as produced using the Hall County
Geographic Information System as the official zoning map for the City of Grand Island. (C-04-2010GI)
PROPOSAL:
On March 25, 2008 the Grand Island City Council approved using a map produced from the Hall County GIS as
the official zoning map for the City of Grand Island based on the 2004 Comprehensive Plan for the City of Grand
Island with all changes to the map as approved through March 25, 2008. As a matter of course, the City of Grand
Island occasionally re-adopts the zoning map incorporating all changes since the last re-adoption of the entire
map along with other changes as recommended by staff and the Hall County Regional Planning Commission.
This will allow a newly revised and adopted copy of the map to be printed for official use by Council, staff and the
general public. This hearing is being held for that purpose. This map will also serve to give notice to all parties
that the Grand Island City limits, and 2 mile extraterritorial jurisdiction, is as shown on the map.
BACKGROUND:
The following chart shows the changes that have been approved by the Regional Planning Commission and the
Grand Island City Council since March 25, 2008, including proposed changes through January 26, 2010.
Id ORD CHANGE LEGAL CASE FILEDATE
1 9226 R2 & LLR TO B2
PT. LT. 34 MATTEWS SUB. & PT OF
NW 1/4,SW 1/4, SEC 27-11-09 C-20-2009GI 07/14/2009
2 9225 R2 to R4 LT. 9 ISLAND ACRES SUB. C-19-2009GI 07/14/2009
3 9221 M2 to R3
PT. E 1/2, NW 1/4, SE 1/4, SEC. 21-11-
09 C-15-2009GI 05/26/2009
4 9220 M2 to LLR
S 1/2 LT. 4 GARDEN PLACE SUB. PT.
SEC. 3-11-09 C-14-2009HC 05-26-2009
5 9212 B2 to M2 PT. NE 1/4,NW 1/4, SEC. 12-11-09 C-12-2009GI 03-24-2009
6 9211 TA to M1 PT. SE 1/4,NE 1/4, SEC. 25-11-10 C-10-2009GI 03-24-2009
7 9174 CD to Amended CD LOT 8 GRAND ISLAND MALL 8TH SUB. C-16-2008GI 06-24-2008
8 9173 RD to Amended RD GOOD SAMARITAN SUB. C-15-2008GI 07-24-2008
The changes shown on this chart are represented on the new version of the Grand Island Zoning map. A map
delineating the location of these changes is attached.
The following areas approved for annexation by the Grand Island City Council between March 25, 2008 and
January 26, 2010. See Attached Map
ID ORDINANCE LEGAL COMMENTS
1 9078 Part of the SE ¼ of Sec, 4,11,9 Capital Ave. East of BNSF Rail
2 9214 Case New Holland US 281 and Webb Road
The annexations shown above did not impact the 2 mile extraterritorial jurisdiction of the City.
ADDITIONAL CHANGES
No additional changes are being recommended to the Zoning Map this year.
RECOMMENDATION:
That the Regional Planning Commission recommend that the City Council of Grand Island adopt this map as
presented as the official Zoning Map for the City of Grand Island.
____________________ Chad Nabity AICP, Planning Director
Item E2
Public Hearing on Amending the Zoning for Property Located at
1613 and 1615 Hope Street - RD Residential Development
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: January 26, 2010
Subject: Rezone RD Zone to Amended RD Zone – 1613 & 1615
Hope St., Grand Island
Item #’s: E-2 & F-1
Presenter(s): Chad Nabity, Regional Planning Director
Background
This property is located north of Church Road and east of Hope Street to amend the
existing Nottingham Estates RD-Residential Development zone, east side of Hope Street
and north of Church Road, to combine lots 19 and 20 of Nottingham Estates Subdivision
and permit the construction of a duplex unit on the combined lots, in the City of Grand
Island.
Discussion
Nabity explained this request is to amend the existing Nottingham Estates RD-
Residential Development zone, to combine lots 19 and 20 of Nottingham Estates
Subdivision and permit the construction of a duplex unit on the combined lots. This
amendment request represents a change to the final development plan approval issued
in 1981, as part of the Nottingham Estates RD-Residential Development rezoning of
the subject property. The original plat as approved would have the building on lots 19
and 20 connected with the building on the lot to the north. Changes to the
development plan were approved in 1992 to build the existing units to the north on
the corner. Additional changes were approved for the duplex immediately north of
this property in 2007. No changes were made at that time to the plan for Lots 19 and
20 as they were under separate ownership and not included in that application. The
property is not currently being used or maintained in a residential manner. Changes to
the development plan as presented would allow for compatible residential
development and would finish out this subdivision. Sewer and Water are available.
A motion was made by Ruge and seconded by Aguilar to approve the amended rezone as
presented. A roll call vote was taken and the motion passed with 7 members present
(Aguilar, O’Neill, Ruge, Hayes, Reynolds Haskins and Connelly) voting in favor and no
members present abstaining.
Alte rnatives
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 #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
December 7, 2009
SUBJECT: Amendment Request C-05-2010GI
PROPOSAL: To amend the existing Nottingham Estates RD-Residential
Development zone, east side of Hope Street and north of Church Road, to combine
lots 19 and 20 of Nottingham Estates Subdivision and permit the construction of a
duplex unit on the combined lots.
OVERVIEW:
Site Analysis
Current zoning designation: RD-Residential Development Zone
Comprehensive Plan Designation: Low to Medium Density Residential
Existing land uses: Vacant Property
Site constraints: None.
Adjacent Properties Analysis
Current zoning designations: North: RD-Residential Development Zone
South: RD-Residential Development Zone,
East: R1-Suburban Family Residential
West: R3-Medium Density Residential
Comprehensive Plan Designation: North: Low to Medium Density Residential
South: Low to Medium Density Residential
East: Public
West: Low to Medium Density Residential
Existing land uses: North: Town House Development, Duplex
South: Town House Development
East: School Athletic Field
West: Vacant
OVERVIEW:
· This amendment request represents a change to the final development plan
approval issued in 1981, as part of the Nottingham Estates RD-Residential
Development rezoning of the subject property.
· The original plat as approved would have the building on lots 19 and 20
connected with the building on the lot to the north.
· Changes to the development plan were approved in 1992 to build the existing
units to the north on the corner. Additional changes were approved for the
duplex immediately north of this property in 2007. No changes were made at
that time to the plan for Lots 19 and 20 as they were under separate ownership
and not included in that application.
· The property is not currently being used or maintained in a residential manner.
Changes to the development plan as presented would allow for compatible
residential development and would finish out this subdivision.
· Sewer and Water are available
Positive Implications:
· Complementary Use: The additional residential lots will encourage a more
finished residential look and feel in this area.
· Consistent with the Comprehensive Plan: Development in the proposed manner
is consistent with the comprehensive plan.
· Promotes infill development: These lots have existed since 1981 and have not
been built upon. The amended development plan would permit building on these
lots.
Negative Implications:
· None
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve this
request to amend the RD-Residential Development Zone as shown on the final plat
for Nottingham Estates Second Subdivision in the City of Grand Island.
___________________ Chad Nabity AICP, Planning Director
Item E3
Public Hearing on Redevelopment Plan for Real Estate between
9th Street and 12th Street along Poplar Street
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: January 26, 2010
Subject: Amendment to Redevelopment Plan for CRA Area #1
Item #’s: E-3 & G-7
Presenter(s): Chad Nabity, AICP CRA Director
Background
Redevelopment plan amendment for property located in Blight and Substandard Area
#1 along Poplar Street between 9th Street and 12th Street in Grand Island Nebraska
and other properties as necessary to support this development.
Habitat for Humanity is proposing to build houses on at least 4 vacant lots along Poplar
Street. City water is not available to the lots. City water is available on 9th Street, 11th
Street and 12th Street. The CRA is proposing to finance a project to install the water line.
CRA intends to recoup their investment from the water line through Tax Increment
Financing. The installation of this water line will benefit all of the houses along this
stretch of Poplar Street and create 3 additional buildable lots beyond the 4 Habitat is
planning to build on.
The purpose of the CRA and the designated blight and substandard areas is to provide
incentives for development in underdeveloped areas of the community. This project
will provide commercial development in a location that is intended for these uses.
Development of this property should prevent further decay of this neighborhood. This
area has already been declared blighted and substandard by the CRA, the Hall County
Regional Planning Commission and the Grand Island City Council.
This project is consistent with the existing zoning and the future land use plan for
the City of Grand Island. This is evidenced by the fact that the property is zoned R2
Medium Density Residential housing units are allowed in this district at the proposed
housing density.
Discussion
At the regular meeting of the Regional Planning Commission, held January 6, 2010, the
above item was considered following a public hearing. A motion was made by Aguilar
and seconded by Reynolds, to recommend the approval of the Redevelopment Plan for
11th & Poplar as presented. A roll call vote was taken and the motion passed with 7
members present all voting in favor (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins
and Connelly).
Council is being asked to approve a resolution approving the cost benefit analysis as
presented along with the amended redevelopment plan for CRA Area #1 and authorizes
the CRA to execute a contract for TIF based on the plan amendment.
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.
Agenda Item #6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 4, 2009
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area #1
along Poplar Street between 9th Street and 12th Street in Grand Island Nebraska and other
properties as necessary to support this development. (C-06-2010GI)
PROPOSAL:
Habitat for Humanity is proposing to build houses on at least 4 vacant lots along Poplar Street. City
water is not available to the lots. City water is available on 9th Street, 11th Street and 12th Street. The
CRA is proposing to finance a project to install the water line. CRA intends to recoup their investment
from the water line through Tax Increment Financing. The installation of this water line will benefit all of
the houses along this stretch of Poplar Street and create 3 additional buildable lots beyond the 4 Habitat
is planning to build on.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide incentives for
development in underdeveloped areas of the community. This project will provide commercial
development in a location that is intended for these uses. Development of this property should
prevent further decay of this neighborhood. This area has already been declared blighted and
substandard by the CRA, the Hall County Regional Planning Commission and the Grand Island City
Council.
This project is consistent with the existing zoning and the future land use plan for the City of
Grand Island. This is evidenced by the fact that the property is zoned R2 Medium Density
Residential housing units are allowed in this district at the proposed housing density.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan and Zoning Map both call for
residential uses at this location.
The Planning Commission is required to comment on these applications to confirm that expenditure
of public funds through TIF is not supporting uses that would be inconsistent with the Comprehensive Plan. The proposed use for residential units at this location is supported by the
plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your consideration.
___________________ Chad Nabity AICP, Planning Director
Item E4
Public Hearing on Redevelopment Plan for Real Estate Located at
the Southeast Corner of 4th Street and Cedar Street
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: January 26, 2010
Subject: Amendment to Redevelopment Plan for CRA Area #1
Item #’s: E-4 & G-8
Presenter(s): Chad Nabity, AICP CRA Director
Background
Redevelopment plan amendment for property located in Blight and Substandard Area
#1 at the southeast corner of 4th and Cedar Streets in Grand Island Nebraska and other
properties as necessary to support this development.
Pharmacy Properties LLC is proposing to a U-Save Pharmacy at the corner of 4th and
Cedar. The developer is seeking Tax Increment Financing to offset the cost of acquisition
of the property and site preparation. The property is vacant and has been since 1956.
The purpose of the CRA and the designated blight and substandard areas is to provide
incentives for development in underdeveloped areas of the community. This project
will provide commercial development in a location that is intended for these uses.
Development of this property should prevent further decay of this neighborhood. This
area has already been declared blighted and substandard by the CRA, the Hall County
Regional Planning Commission and the Grand Island City Council.
This project is consistent with the existing zoning and the future land use plan fo r
the City of Grand Island. This is evidenced by the fact that the property is zoned B2
General Business Zone. Retail pharmacies are allowed in this district.
Discussion
At the regular meeting of the Regional Planning Commission, held January 6, 2010, the
above item was considered following a public hearing. A motion was made by Aguilar
and seconded by Haskins, to recommend the approval of the Redevelopment Plan for 423
W 4th St. as presented. A roll call vote was taken and the motion passed with 7 members
present all voting in favor (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins and
Connelly).
Council is being asked to approve a resolution approving the cost benefit analysis as
presented along with the amended redevelopment plan for CRA Area #1 and authorizes
the CRA to execute a contract for TIF based on the plan amendment.
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.
Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 4, 2009
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area #1 at
the southeast corner of 4th and Cedar Streets in Grand Island Nebraska and other properties
as necessary to support this development. (C-07-2010GI)
PROPOSAL:
Pharmacy Properties LLC is proposing to a U-Save Pharmacy at the corner of 4th and Cedar. The
developer is seeking Tax Increment Financing to offset the cost of acquisition of the property and site
preparation. The property is vacant and has been since 1956.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide incentives for
development in underdeveloped areas of the community. This project will provide commercial
development in a location that is intended for these uses. Development of this property should
prevent further decay of this neighborhood. This area has already been declared blighted and
substandard by the CRA, the Hall County Regional Planning Commission and the Grand Island City
Council.
This project is consistent with the existing zoning and the future land use plan for the City of
Grand Island. This is evidenced by the fact that the property is zoned B2 General Business Zone.
Retail pharmacies are allowed in this district.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan and Zoning Map both call for
residential uses at this location.
The Planning Commission is required to comment on these applications to confirm that expenditure
of public funds through TIF is not supporting uses that would be inconsistent with the
Comprehensive Plan. The proposed use for residential units at this location is supported by the
plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your consideration.
___________________ Chad Nabity AICP, Planning Director
Redevelopment Plan Amendment
Grand Island CRA Area #1
November 2009
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #1.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY AT 4TH AND CEDAR STREETS BY THE
DEVELOPER AND SUBSEQUENT SITE CLEAN UP AND EARTHWORK,
UTILITY, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR
THE CONSTRUCTION AND OPERATION OF A RETAIL PHARMACY AT THIS
LOCATION.
This property has sat vacant for more than 30 years. The use of Tax Increment Financing
to aid in the acquisition and clean up of the property makes it feasible for the proposed
development.
The acquisition and site work will be paid for by the developer. The developer is
responsible for and has provided evidence that they can secure adequate debt financing to
cover the costs associated with the acquisition and site work. The Grand Island
Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes
generated over the 15 year period beginning January 1, 2011 towards the allowable costs
and associated financing for the acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located at the southeast corner of 4th Street and Cedar Street in northeast
Grand Island including:
· Lots 3 and 4 of Block 39 of Grand Island Original Town
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2012 through 2025, inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the retail pharmacy to be
constructed on the property to be acquired.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2011.
a. That portion 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 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 portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated 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 on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a 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.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendme nt meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public notice
requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a)
and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to acquire the necessary property and provide the necessary site work for
the construction of a permitted use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area #1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not intend that any structures be
removed or demolished. This amendment does not prohibit demolition elsewhere in the
Redevelopment Project Area.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for mixed use commercial development. [§18-2103(b) and §18-2111] The
attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2- General Business zone. Commercial development is anticipated
based on this project. No changes are anticipated in street layouts or grades. No changes
are anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to a retail pharmacy at this site. The total square footage of
the building will be 3,150 square feet. The property is zoned B2 General Business and
could accommodate a building of up to 100% of the property or 17,424 square feet. [§18-
2103(b) and §18-2111]
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.
f. 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.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This amendment does not provide
for acquisition of any residences and therefore, no relocation is contemplated. [§18-
2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has provided a copy of the purchase agreement for the property with a
purchase price of $96,000. Costs for preparation for development are estimated at
$77,000.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. That portion of the
borrowed funds that can be attributed to eligible expenditures including: acquisition of
the property; and subsequent site clean up and earthwork, utility, landscaping and parking
improvements as necessary; and architecture, engineering and legal fees; and interest
associated with the debt issued to cover these expenditures. . These funds will be repaid
from the Tax Increment Revenues generated from the project. TIF revenues shall be
made available to repay the original debt and associated interest after January 1, 2011
through December 2025.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, 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 the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational 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 insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of undeveloped commercial lots. The only
conceivable impact as a result of the proposed project is the creation of additional retail
space in a commercial district. This will impact traffic on 4th Street. New commercial
development will raise property values and provide a stimulus to keep surrounding
properties properly maintained. This will have the intended result of preventing recurring
elements of unsafe buildings and blighting conditions.
8. Time Frame for Development
Development of this project is anticipated to be completed during the 2010 and 2011
calendar years. 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 2011 tax year.
9. Justification of Project
This property has been vacant for more than 30 years. This is infill development in an
area with all city services available. Pharmacy Properties LLC is proposing to build a
retail pharmacy in this area. Very little new construction has occurred within the 4th
street business district in the last 30 years. This project does not propose to tear down
any buildings with historic value but rather seeks to use vacant property for new
construction.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment
Financing;
The redevelopment project area currently has an estimated valuation of $39,495.
After acquisition of the property and subsequent improvements a retail pharmacy will be
built at this location. This will result in a $387,000 commercial building being placed on
the tax rolls. The proposed investment is substantially higher than the taxable value of
the building. No tax shifts are anticipated from the project. The project creates
additional valuation that will support taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local
tax impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified.
(c) Impacts on employers and employees of firms locating or expanding within
the boundaries of the area of the redevelopment project;
The proposed facility will provide job for pharmacists and associated retail personnel.
(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; and
This facility could draw employees from other similar facilities within the City.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This proposed development represents some of the first new construction along this
stretch of 4th Street in many years. Many of the existing buildings have been
rehabilitated and reused but there has been little to no new construction.
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 in 2012. 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
$111,000. Based on the purchase price of the property and estimates of the expenses of
eligible activities the developer will spend $177,000 on TIF eligible activities.
Proposed Site Plan for Development at 423 W 4th Street in Grand Island, NE
Item E5
Public Hearing for Community Revitalization CDBG Phase 1
Grant Application
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Administrator
Council Meeting: January 26, 2010
Subject: Public Hearing on Community Revitalization Phase 1
Block Grant Application
Item #: E-5 & G-9
Presenter(s): Joni Kuzma, Community Development Administrator
Background
In 2005, the Nebraska Department of Economic Development (NDED) developed a program to
utilize Community Development Block Grant (CDBG) funds in eight Nebraska municipalities
with populations between 20,000 and 49,999. The program allocates grant funds over a multi-
year period to meet locally identified needs that are CDBG eligible. The City received grant
funds in 2005 for the initial assessment and revitalization strategy and was awarded subsequent
funding of approximately $260,000 per year in 2006, 2007 and 2008 to use for redevelopment
projects in a specifically defined low-to moderate income neighborhood within city boundaries.
The final phase of the three years was completed in December 2009.
In November 2009, the Comprehensive Needs Assessment and Revitalization Strategy was
updated from 2005 and a 3-year action plan developed through 2013. Both were submitted to the
Department of Economic Development for approval. The Assessment and Action Plan were
approved making Grand Island eligible for $257,794 in grant funds each year for the next three
years.
A public hearing is required prior to submission of an application to the Nebraska Department of
Economic Development to solicit public comment and input into the proposed project and grant
application. A legal notice was published in the January 16, 2010 Grand Island Independent with
notice of this council meeting and contact information for written comments.
Discussion
The 2009 Comprehensive Needs Assessment and a Revitalization Strategy reviewed housing,
infrastructure, and economic conditions of 14 low-to-moderate income Block Group areas in the
city limits of Grand Island. A new project area was selected based on development needs within
the neighborhood and combines two Block Groups into one project area. (Map provided).
The proposed Action Plan outlines three years of projects for the following grant periods:
Phase 1: February 2010 – August 2010
Phase 2: July 2011 – August 2012
Phase 3: July 2012 – August 2013
Projected projects during the 3-year time frame include replacing nine blocks of 4” water main
pipes with 8” inch pipes, replacing 14 Ludlow fire hydrants, rehabilitating ten (10) low-to-
moderate income owner-occupied homes, and providing down payment assistance to two (2)
low-to-moderate income first-time homebuyers.
For Phase 1 Community Revitalization, the City is applying for a $257,794 grant to carry out
Phase 1 of a Comprehensive Revitalization Strategy for a selected low-to-moderate income area
of Grand Island. The request includes grant funds up to $239,784 for 4 blocks of water main and
7 Ludlow fire hydrant replacements and an amount not to exceed 7% ($18,046) for General
Administration. The City will provide a minimum of $239,748 in matching funds for eligible
projects, including one owner-occupied rehabilitation project ($28,250).
ALTERNATIVES
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the 2010 Community Revitalization Phase 1 application 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 2010 Community Revitalization
Phase 1 application and authorizes the Mayor to sign all related documents.
Sample Motion
Move to approve the 2010 Community Revitalization Phase 1 application and authorize the
Mayor to sign all related documents.
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BLOCK GROUP 11 and 12
Item F1
#9248 - Consideration of Amending the Zoning for Property
Located at 1613 and 1615 Hope Street - RD Residential
Development
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
January 25, 2010 ¤ City Attorney
ORDINANCE NO. 9248
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land consisting of Lots
Nineteen (19) and Twenty (20), Nottingham Estates Subdivision, in the City of Grand Island,
Hall County, Nebraska, from RD Residential Development District to Amended RD Residential
Development District; directing that such zoning change and classification be shown on the
Official Zoning Map of the City of Grand Island under the provisions of Section 36-44; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on January 6, 2010, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on January 26, 2010, the City Council found and
determined the change in zoning be approved and made; and
WHEREAS, the owners of the property have requested amendments to the final
development plan as approved for Lots Nineteen (19) and Twenty (20), Nottingham Estates
Subdivision; and
WHEREAS, those amendment s have been agreed upon in an approved
subdivision agreement.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
ORDINANCE NO. 9248 (Cont.)
- 2 -
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from RD Residential Development District to Amended RD Residential Development
District:
A tract of land comprising all of Lots Nineteen (19) and Twenty (20), Nottingham
Estates Subdivision, in the City of Grand Island, Hall County, Nebraska.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: January 26, 2010.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of January 12, 2010 City Council Regular
Meeting
Tuesday, January 26, 2010
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
January 12, 2010
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 January 12, 2010. Notice of the meeting was given in The Grand Island Independent
on January 6, 2010.
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, Zapata, Nickerson, 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.
COMMUNICATION: Mayor Hornady introduced CYC members Jared Bombeck, Lauren
Kruger, Allison Hoover and Board member Theresa Engelhardt.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Tom Carlson, Public Works Engineering Technician Supervisor for 30 Years of
Service with the City of Grand Island: Mayor Hornady and City Council recognized Tom
Carlson, Public Works Engineering Technician Supervisor for 30 years of service with the City
of Grand Island. Public Works Director Steve Riehle commented on Mr. Carlson’s service with
the Public Works Department. Mr. Carlson was present for the recognition.
Proclamation of Appreciation to the Decedents of William Stolley for Establishing the Stolley
House Foundation Fund. Mayor Hornady read the proclamation recognizing Lillian Lappe,
Richard Palmer, and Grace Carmody decedents of William Stolley for establishing the Stolley
House foundation fund. Building Department Director Craig Lewis was present to receive the
proclamation.
PUBLIC HEARINGS:
Public Hearing on Request from Walgreens Co. dba Walgreens #03467, 1515 West 2nd Street for
a Class “D” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class
“D” Liquor License had been received from Walgreens Co. dba Walgreens #03467, 1515 West
2nd Street. Ms. Edwards presented the following exhibits for the record: application submitted to
the Liquor Control Commission and received by the City on December 14, 2009; notice to the
general public of date, time, and place of hearing published on January 2, 2010; notice to the
applicant of date, time, and place of hearing mailed on December 14, 2009; along with Chapter 4
of the City Code. Staff recommended approval contingent upon final inspections. Becky Burks,
1324 West Anna Street spoke in opposition and Lois Maybon, 224 Ponderosa spoke in support.
No further public testimony was heard.
Page 2, City Council Regular Meeting, January 12, 2010 Public Hearing on Request from Walgreens Co. dba Walgreens #12538, 1230 North Webb Road
for a Class “D” Liquor License. RaNae Edwards, City Clerk reported that an application for a
Class “D” Liquor License had been received from Walgreens Co. dba Walgreens #12538, 1230
North Webb Road. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on December 14, 2009;
notice to the general public of date, time, and place of hearing published on January 2, 2010;
notice to the applicant of date, time, and place of hearing mailed on December 14, 2009; along
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections.
Becky Burks, 1324 West Anna Street spoke in opposition. No further public testimony was
heard.
Public Hearing on Request from Consolidated Concrete Co. for a Conditional Use Permit for
Use of Two Conex Containers to Store Concrete Located at 3440 West Old Highway 30. Craig
Lewis, Building Department Director reported that Consolidated Concrete Co. had submitted an
application for continued use of two Conex containers to store concrete located at 3440 West Old
Highway 30. Staff recommended approval for 12 months. No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easement Located at 425 N. Diers Avenue
(TK Babel Properties, LLC). Gary Mader, Utilities Director reported that a utility easement was
needed at 3815 Arch Avenue in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The easement would be used to place
conduit, cable, and a pad-mounted transformer to provide electrical service to a new building.
Staff recommended approval. No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easeme nt Located at 4160 Old Potash
Highway (Hall County School District #2). Gary Mader, Utilities Director reported that a utility
easement was needed at 3815 Arch Avenue in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. This easement would also
include access to install, upgrade, maintain and repair public water lines and fire hydrants. This
easement would be used for a new 10” water main to provide fire protection and water service
for the expanded school and for primary electrical lines and transformer. Staff recommended
approval. No public testimony was heard.
CONSENT AGENDA: Consent Agenda items G-10, G-13, and G-21 were removed for further
discussion. Motion by Zapata, second by Dugan to approve the Consent Agenda excluding item
G-10, G-13, and G-21. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of December 15, 2009 City Council Regular Meeting.
Approving Minutes of December 29, 2009 City Council Special Meeting.
#2010-1 – Approving Acquisition of Utility Easement Located at 425 N. Diers Avenue (TK
Babel Properties, LLC).
#2010-2 – Approving Acquisition of Utility Easement Located at 4160 Old Potash Highway
(Hall County School District #2).
Page 3, City Council Regular Meeting, January 12, 2010 #2010-3 – Approving Certificate of Final Completion for Water Main Project 2008-W-8 – First
Street from Pine Street to Plum Street with General Excavating of Lincoln, Nebraska.
#2010-4 – Approving Change Order #1 for Cooling Tower Overhaul at Platte Generating Station
with International Cooling Tower USA, Inc. of Edmonton, Canada for an Increase of
$111,129.00 and a Revised Contract Amount of $1,251,129.00.
#2010-5 – Approving Change Order #1 for Rogers Reservoir with Natgun Corporation of
Wakefield, MA for an Increase of $26,201.00 and a Revised Contract Amount of $1,798,501.00.
#2010-6 – Approving Bid Award for Electrical Circuit Breakers for Substation J (Wildwood and
Blaine Streets) with HVB AE Power Systems, inc. of Suwanee, GA for (2) 121 kV Circuit
Breakers in an Amount of $108,070.00; Areva T & D, Inc. of Charleroi, PA for (2) 15.5 kV Bus
Circuit Breakers in an Amount of $80,357.00; and Siemens (c/o Energy Solutions) of Omaha,
NE for (5) 15.5 kV Distribution Circuit Breakers in an Amount of $74,241.95.
#2010-7 – Approving Installation of a Private Well by Goodwill Industries to Service Newly
Installed HVAC Equipment.
#2010-9 – Approving Contract for Vending Machine Services at City Hall with VVS, Inc. of
Cozad, Nebraska.
#2010-10 – Approving Bid Award for One (1) 2010 Four Wheel Drive Front End Loader for
Solid Waste Division with NMC, Inc. of Doniphan, Nebraska in an Amount of $108,500.00.
#2010-12 – Approving Certificate of Compliance with the Nebraska Department of Roads for
Maintenance Agreement No. 12; Calendar Year 2010.
#2010-13 – Approving Certificate of Final Completion for the Demolition and Disposal of
Concrete for Anaerobic Digestion Site at Wastewater Treatment Plant with Hooker Brothers
Construction Company of Grand Island, Nebraska.
#2010-14 – Approving Addendum Number 1 to the Agreement for Primary Clarifier Mechanism
Replacement at the Waste Water Treatment Plant with Oakview Construction, Inc. of Red Oak,
Iowa in an Amount of $290.00 and a Revised Contract Amount of $602,690.00.
#2010-15 – Approving Rental Property Rehabilitation Lien Release for Property Located at 216
East Second Street Owned by Theodore & Jean Molczyk and Helen & Richard Strehle.
#2010-16 – Approving Change Order No. 1 for Ambulance Remount with Arrow
Manufacturing, Inc. of Rock Rapids, Iowa for a Decrease of $3,425.00 and a Revised Contract
Amount of $76,489.00.
#2010-17 – Approving Contract for Temporary Help with Advance Services, Inc. of Grand
Island, Nebraska to help fill the temporary position of Meter Reader.
#2010-18 – Approving Purchase of Mobile Data Video System Upgrade with Data911 in an
Amount of $69,004.30.
Page 4, City Council Regular Meeting, January 12, 2010
#2010-8 – Approving Revised Hazard Mitigation Grant Application with Federal Emergency
Management Agency (FEMA) and Nebraska Emergency Management Agency (N EMA) for
Outdoor Warning Siren Replacement and Installation Project. Emergency Management Director
Jon Rosenlund commented on the number of sirens and shared cost with the county.
Motion by Gilbert, second by Nickerson to approve Resolution #2010-8. Upon roll call vote, all
voted aye. Motion adopted.
#2010-11 – Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads. Motion by Meyer, second by Ramsey to approve Resolution #2010-11. Upon roll call
vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Consolidated Concrete Co. for a Conditional Use Permit for Use
of Two Conex Containers to Store Concrete located at 3440 West Old Highway 30. This item
related to the aforementioned Public Hearing.
Motion by Nickerson, second by Meyer to approve the request from Consolidated Concrete Co.
for a Conditional Use Permit for use of two Conex containers to store concrete located at 3440
West Old Highway 30 until December 31, 2010. Upon roll call vote, all voted aye. Motion
adopted.
Consideration of Request from Conrado Anchondo, 917 West 4th Street for Liquor Manager
Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street. RaNae Edwards,
City Clerk reported that Conrado Anchondo, 917 West 4th Street had submitted an application for
Liquor Manager Designation for Fiesta Latin/Nebraska Music Hall, 2815 South Locust Street.
Based on the Police Department report, the application was incomplete and inaccurate according
to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01 and recommended denial.
Motion by Meyer, second by Nickerson to deny the application for Liquor Manager Designation
submitted by Conrado Anchondo, 917 West 4th Street for Fiesta Latina/Nebraska Music Hall,
2815 South Locust Street. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2010-20 – Consideration of Request from Walgreens Co. dba Walgreens #03467, 1515 West
2nd Street for a Class “D” Liquor License and Liquor Manager Designation for James Karins,
4601 Browning Court, Lincoln, Nebraska. This item related to the aforementioned Public
Hearing.
Lois Maybon, 224 Ponderosa commented on the corporate practice of selling alcohol in all
Walgreens stores. Ms. Maybon stated neither of the stores here in Grand Island had sold tobacco
to minors since she had been manager over the last two years. Alcohol density per capita was
mentioned.
Page 5, City Council Regular Meeting, January 12, 2010 Motion by Gilbert, second by Meyer to approve Resolution #2010-20. Upon roll call vote,
Councilmember’s Meyer, Gilbert, Haase, Carney, Ramsey, Zapata, Nickerson, and Gericke
voted aye. Councilmember’s Niemann and Dugan voted no. Motion adopted.
#2010-21 – Consideration of Request from Walgreens Co. dba Walgreens #12538, 1230 North
Webb Road for a Class “D” Liquor License and Liquor Manager Designation for James Karins,
4601 Browning Court, Lincoln, Nebraska. This item related to the aforementioned Public
Hearing.
Motion by Gilbert, second by Meyer to approve Resolution #2010-20. Upon roll call vote,
Councilmember’s Meyer, Gilbert, Haase, Carney, Ramsey, Zapata, Nickerson, and Gericke
voted aye. Councilmember’s Niemann and Dugan voted no. Motion adopted.
#2010-22 – Consideration of Transferring General Funds to Golf Course Fund. Mary Lou
Brown, Finance Director reported that the Golf Course Fund was part of the Enterprise Funds
and had a negative cash balance and negative total net assets balance. Ms. Brown explained the
potential solutions for each and recommended council approve the transfer of $329,000 from the
General Fund to the Golf fund to eliminate the negative cash balance.
Lewis Kent, 624 East Meves Avenue questioned what the money was spent on. Discussion was
held on the financial situation over the last 5 years. The last 2 years the Golf Course had been
operating on a cash positive basis.
Motion by Meyer, second by Haase to approve Resolution #2010-22. Upon roll call vote, all
voted aye. Motion adopted.
#2010-23 – Consideration of Approving IBEW Service/Clerical Union Contract. Brenda
Sutherland, Human Resources Director reported that a new union was created represented by the
International Brotherhood of Electrical Works, Local 1597 which included employees from the
following City departments: Administration, Building, Emergency Management, Finance,
Library, Parks & Recreation, Planning, Police, Public Works, and Utilities. Representatives had
been negotiating for several months and had come to an agreement on the labor agreement.
Discussion was held on comparable laws, survey, and array. Jeff Pederson, City Administrator
commented on the impact to budgets and sated these amounts would be absorbed within each
department budgets.
Motion by Meyer, second by Nickerson to approve Resolution #2010-23. Upon roll call vote,
Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and
Gericke voted aye. Councilmember Haase voted no. Motion adopted.
#2010-19 – Approving Changes to FTE Allocation for Police Department, Parks and Recreation
Department, and Finance Department. Brenda Sutherland, Human Resources Director reported
that several reclassifications within the Police Department, Parks and Recreation Department and
Finance Department were needed.
Motion by Ramsey, second by Gericke to approve Resolution #2010-19.
Page 6, City Council Regular Meeting, January 12, 2010 Discussion was held regarding the timing and increasing salaries with our current budget
shortfalls. Steve Paustian, Parks and Recreation Director explained the duties of the current part-
time FTE’s. Mr. Paustian also stated this was a $5 million facility and this position was needed
for it to succeed.
Motion by Gilbert, second by Haase to amend the motion to remove the FTE position for the
Recreation Coordinator. Upon roll call vote, Councilmember’s Meyer, Niemann, Gilbert, Haase,
Dugan, Zapata, and Nickerson voted aye. Councilmember’s Carney, Ramsey, and Gericke voted
no. Motion adopted.
Upon roll call vote of the main motion with amendment, all voted aye. Motion adopted.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9247 – Consideration of Salary Ordinance
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson second the motion. Upon roll call vote, Councilmember’s Meyer,
Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye.
Councilmember Haase voted no. Motion adopted.
Brenda Sutherland, Human Resources Director reported that a new salary ordinance needed to be
approved to include the IBEW, Local 1597 labor contract. Also included were the changes
approved by Council in Resolution 2010-19.
Motion by Meyer, second by Gericke to approve Ordinance #9247 with the adjustment of
removing the Recreation Coordinator.
City Clerk: Ordinance #9247 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann,
Gilbert, Carney, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Haase and
Ramsey voted no. Motion adopted.
City Clerk: Ordinance #9247 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann,
Gilbert, Carney, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Haase and
Ramsey voted no. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9247 is declared to be lawfully adopted upon publication as required by law.
Page 7, City Council Regular Meeting, January 12, 2010 PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of December 29,
2009 through January 12, 2010, for a total amount of $2,216,125.15. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the period of December 16,
2009 through January 12, 2010 for the Veterans Athletic Field Complex for a total amount of
$24,586.57. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:40 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of January 19, 2010 City Council Special
Meeting
Tuesday, January 26, 2010
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 STUDY SESSION
January 19, 2010
Pursuant to due call and notice thereof, a Study Session 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
January 19, 2010. Notice of the meeting was given in the Grand Island Independent on January
13, 2010.
Council President Gilbert called the meeting to order at 7:00 p.m. The following
Councilmember’s were present: Gericke, Nickerson, Ramsey, Dugan, Carney, Haase, Gilbert,
Niemann, and Meyer. Mayor Hornady and Councilmember Zapata were absent. The following
City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City
Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director Mary Lou
Brown.
INVOCATION was given by Council President Gilbert followed by the PLEDGE OF
ALLEGIANCE.
MAYOR COMMUNICATION: Council President Gilbert introduced CYC members Steven
Bartz and Konnor Davis. Council President Gilbert congratulated Don Dunn, 2009 Independent
Man of the Year and Dori Bush 2009 Independent Woman of the Year.
Discussion of Future Use of City Owned Property Located at 2204 Bellwood Drive Known as
the Racquet Center. Parks and Recreation Director Steve Paustian reported that the City of Grand
Island acquired the Racquet Center in 1984 for back taxes owed, approximately $30,000.00.
Parks and Recreation Department Administrative offices were located there until 1993 when the
new City Hall opened. In 1997 proposals were received for the operation of the Racquet Center.
Scott Norton, owner of the HealthPlex Fitness Center was offered a contract to operate the
Racquet Center in 1997 and has continued to do so since that time. The current contract would
expire in May of this year.
Mr. Paustian commented on the changes over the years allowing soccer field at the west end of
the facility. Because of the construction of the new City/State Fair building, it had been
determined it was in the best interest of the City to not allow soccer to continue in the Racquet
Center.
Representatives of the Grand Island Tennis Association had approached the City about the
opportunity to submit a proposal to take over the management of the Racquet Center.
Parks & Recreation Department wanted direction from council. The following three options were
presented:
1. Lease the facility based on its best use and offer
2. Lease the facility to be used as a sports complex
3. Sell the building outright
Page 2, City Council Study Session, January 19, 2010
The following people spoke with regards to the Racquet Center:
· Mark Galvan, 584 East 20th Street
· Cheri Schmidt, 25 Lillian Lane, Doniphan
· Matt Westfall, 2003 West Division
· Phil Maltzahn, 1 Ponderosa Drive
· Nick Petrick, 3019 West State Street
· Jill Bernal, 2019 West Louise Street
· Deb Phillips, 1614 West Division
· Jolene Wojcik, 2324 Stagecoach Road
· Greg Logston, 1037 Sun Valley
· Bill Marshall, 1112 Grand Avenue
Discussion was held regarding the revenue from the Racquet Center. Mr. Paustian stated since
Mr. Norton has had the lease, there were no revenue streams or expenses. Disrepair and upkeep
of the building were mentioned. Comments were made concerning the lease and responsibility of
maintaining the building. Mentioned was the current budget situation for the City and not being
able to put money into this building.
Quality of life issues were mentioned. Discussed was whether the Tennis Association would be
able to buy the building. Matt Westfield and Phil Maltzahn stated currently they didn’t have the
money to buy it, but would bring back a financial plan and proposal for a long term lease. The
Tennis Association would not ask the council for additional money if they were granted a lease.
Comments were made concerning other options such as partnership with the school system,
Tennis Association, and City. Usage of the building was discussed relative to other sports. Matt
Westfield stated the Tennis Association would be able to use 100% of the building due to the
increased interest of tennis.
Jeff Pederson, City Administrator explained the process for a Request for Proposal (RFP).
Proposals received would be reviewed and a recommendation made to council.
Chad Nabity, Regional Planning Director answered questions regarding this building being in a
blighted and substandard area, TIF financing, and value of the property.
Council President Gilbert stated it looked like the council was in agreement to go forward with
formal presentations and possible RFP’s. City Attorney Dale Shotkoski commented on the
previous RFP process and sale of the building. Explained was that Council could write the terms
of the proposal. Concerns were given regarding receiving presentations before the RFP process
took place.
Presentation of Program Prioritization. City Administrator Jeff Pederson reported that in order to
access the fiscal health and wellness of the City, a Financial Trend Monitoring System (FTMS)
was implemented in 2008. FTMS information had strengthened the ability of City administration
to identify, forecast, and illustrate key factors of spending at present/projected levels.
Page 3, City Council Study Session, January 19, 2010
Program Prioritization was a new approach to making decisions which was necessitated by the
revenue reduction and how to allocate resources. A PowerPoint was presented to update council
on steps taken. The following steps were presented for a successful prioritization:
1. Determine Results
2. Clarify Result Definitions
3. Identify Programs and Services
4. Value programs Based on Results
5. Allocate Resources Based on Priorities
Mr. Pederson stated this program would be presented at the City Council Retreat on March 6,
2010. Discussion was held regarding the governance within the city departments and programs.
Budget preparation was discussed for the 2010-2011 fiscal year. Revenue shortfalls were
discussed regarding program prioritization. Mr. Pederson stated the Capital Improvement
Projects were not a part of this program.
ADJOURNMENT: The meeting was adjourned at 9:55 p.m.
RaNae Edwards
City Clerk
Item G3
#2010-24 - Approving Final Plat and Subdivision Agreement for
Nottingham Estates Third Subdivision
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: January 26, 2010
Subject: Nottingham Subdivision – Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located south of east of Hope Street and north of Church Street, this
Final Plat proposes to create 1 lot on a tract of land comprising all of Lots Nineteen (19)
and Twenty (20), Nottingham Estates Subdivision, in the City of Grand Island, Nebraska.
This is approximately .166 acres more or less.
Discussion
The revised preliminary and final plats for Nottingham Estates Third Subdivision were
considered by the Regional Planning Commission at the January 6, 2010 meeting. A
motion was made by Ruge 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 7 members
present (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins and Connelly) 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.
Nottingham Estates Third Subdivision Final Plat Summary
Developer/Owner
Baker Development Company
Gregory W. Baker, President
4710 Tara Ct.
Grand Island NE 68801
To create 1 lot east of Hope Street and north of Church Road, in the City of Grand Island,
in Hall County, Nebraska.
Size: .166 acres
Zoning: Amended RD Residential Development Zone
Road Access: City Roads
Water Public: City water is available
Sewer Public: City sewer is available
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-24
WHEREAS, Gregory W. Baker, President of Baker Development Company, a
Nebraska Corporation, being the owner of the land described hereon, have caused to be laid out into 2
lots, a tract of land comprising all Lots Nineteen (19) and Twenty (20), Nottingham Estates Subdivision,
in the City of Grand Island, in Hall County Nebraska, under the name of NOTTINGHAM ESTATES
THIRD 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 NOTTINGHAM ESTATES THIRD
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, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2010-25 - Approving Final Plat and Subdivision Agreement for
Parmley Subdivision
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: January 26, 2010
Subject: Parmley Subdivision – Final Plat
Item #’s: G-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located south of 9th Street and east of Pine Street this Final Plat proposes
to create 2 lots on a tract of land comprising all of Lot Four (4), in Fractional Block One
Hundred Thirty Six (136), Union Pacific Railway Company's Second Addition, and its
compliment Fractional Lot Four (4), in Fractional Block Seven (7), Russel Wheeler's
Addition, to the City of Grand Island, Nebraska. This is approximately .200 acres more
or less.
Discussion
The revised final plat for Parmley Subdivision was considered by the Regional Planning
Commission at the January 6, 2010 meeting. A motion was made by Ruge 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 7 members present (Aguilar, O’Neill, Ruge, Hayes,
Reynolds, Haskins and Connelly) 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. Re fer 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.
Parmley Final Plat Summary
Developer/Owner
Robert M. Parmley, Sole Trustee
5373 S Pinaleno Place
Chandler AZ 85249
To create 2 lots south of 9th Street and east of Pine Street, in the City of Grand Island, in
Hall County, Nebraska.
Size: .200 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 ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-25
WHEREAS, Robert M. Parmley, being the Sole Trustee of the land described hereon,
have caused to be laid out into 2 lots, a tract of land comprising all of Lot Four (4), in Fractional Block
One Hundred Thirty Six (136), Union Pacific Railway Company’s Second Addition and its
complement, Fractional Lot Four (4), in Fractional Block Seven (7), Russel Wheeler’s Addition, to the
City of Grand Island, in Hall County Nebraska, under the name of PARMLEY 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 PARMLEY 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, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2010-26 - Approving Final Plat and Subdivision Agreement for
Rathgeber Acres Subdivision
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: January 26, 2010
Subject: Rathgeber Subdivision – Final Plat
Item #’s: G-5
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Pheasant Drive and west of Gunbarrel Rd , this Final
Plat proposes to create 3 lots on a tract of land comprising all of Lot Two (2), Spencer
Acres Subdivision in the 2-mile extraterritorial jurisdiction of Grand Island in Hall
County, Nebraska. This is approximately 7.091 acres more or less.
Discussion
The revised preliminary and final plats for Rathgeber Acres Subdivision were considered
by the Regional Planning Commission at the January 6, 2010 meeting. A motion was
made by Ruge 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 7 members present
(Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins, and Connelly) 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.
Rathgeber Acres Final Plat Summary
Developer/Owner
Roy Rathgeber
4203 Utah
Grand Island NE 68803
To create 3 lots north of Pheasant Drive and west of Gunbarrel Rd., in the 2-mile
extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska.
Size: .7.091 acres
Zoning: LLR - Large Lot Residential Zone
Road Access: City Ro ads
Water Public: City water is not available
Sewer Public: City sewer is not available
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-26
WHEREAS, Roy R. Rathgeber, a single person and Michelle K. Haubold, a single
person, being the owners of the land described hereon, have caused to be laid out into 3 lots, a tract of
land comprising all of Lot Two (2), Spencer Acres Subdivision in the 2- mile extraterritorial of Grand
Island in Hall County, under the name of RATHGEBER ACRES 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 RATHGEBER ACRES
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, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2010-27 - Approving Re-Adoption of the City of Grand Island
Official Zoning Map
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-27
WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the
orderly plan necessary to accommodate future growth and transportation needs; and
WHEREAS, on July 13, 2004, by Resolution 2004-154, the City of Grand Island
approved and adopted the Official Zoning Map as prepared by the firm of JEO Consulting, Inc. of Wahoo,
Nebraska; and
WHEREAS, on March 7, 2006, by Resolution 2006-67, the City Council approved the
use of a map produced from the Hall County GIS as the official zoning map for the City of Grand Island
based on the 2004 comprehensive plan of JEO consulting, Inc.; and
WHEREAS, numerous changes and amendments to the Plan have been approved since its
last re-adoption; and
WHEREAS, on January 6, 2010, the Regional Planning Commission held a public hearing
on such issue, and recommended approval of such updated plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and
adopts the Official Zoning Map incorporating changes made since its re-adoption in 2008.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2010-28 - Approving Redevelopment Plan for Real Estate
between 9th Street and 12th Street along Poplar Street
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
AGREEMENT
BETWEEN
THE CITY OF GRAND ISLAND, NEBRASKA,
AND
COMMUNITY REDEVELOPMENT AUTHORITY FOR THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA
FOR WATER LINE
THIS AGREEMENT is made and entered into on this _______ day of ____________,
2010 between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, a
Nebraska Political Subdivision, hereinafter "CITY"; and the COMMUNITY
REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA, hereinafter "CRA".
WITNESSETH:
WHEREAS, CRA has recommended to CITY and CITY, after hearing pursuant to law,
by and through its duly elected Council, approved a redevelopment plan, hereinafter "PLAN", in
the form and substance shown on the attached Exhibit "A"; and
WHEREAS, the PLAN provides for the installation of an 8" water main between 9th
Street and 12th Street along the east side of Poplar Street and necessary water service taps to
support existing and anticipated development; and
WHEREAS, the parties wish to enter into a formal agreement for the engineering and
installation of the water main and provide for the payment by the CRA for such work; and
WHEREAS, in accordance with §13-807 the Interlocal Cooperation Act, any one or more
public agencies may contract with any one or more other public agencies to perform any
governmental service, activity or undertaking which at least one of the public agencies entering
into the contract is authorized to perform.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed as follows:
1. Authority. This agreement is made pursuant to the authority provided in the
Nebraska Interlocal Cooperation Act (Neb. Rev. Stat., §13-801, R.R.S. 1943), without a separate
entity being created.
2
2. Recitals. The foregoing recitals are incorporated hereby by this reference.
3. Ownership. CITY shall engineer, bid and enter into a contract for the installation
of the water main extension as described in the PLAN as soon as reasonably practical. CITY
shall use its standard procedures for engineering, bidding, contracting, bonding, inspection,
change order approval, and payment process for the water main installation.
4. Payment. Upon final acceptance of the water main installation by CITY, and on
written notice by CITY, the CRA shall pay to, by and through the Grand Island City Treasurer,
the total of the cost incurred by CITY for: payments to contractors for the water main
installation, costs of engineering services provided by the Utilities Department not to exceed ten
percent (10%) of the project cost; and the sum of One Thousand and No/100 Dollars ($1,000.00),
which shall be paid to the Grand Island City Treasurer as compensation for collection and
accounting of the incremental tax revenues generated in the area described in the PLAN.
5. Bid Estimation. CRA has estimated the project to bid at One Hundred Thirty
Thousand and No/100 Dollars ($130,000.00). CITY shall provide copies of all bids for the
project to CRA prior to entering into a binding contract.
6. Binding Effect. This agreement shall be binding upon the parties on approval of
the Grand Island City Council and the members of the Community Redevelopment Authority.
7. Amendment. Any amendment to this agreement shall not be binding unless such
amendment is in writing and approved by the parties hereto.
8. Non-Waiver. Either party’s failure to enforce at any time any of the provisions of
this Agreement shall not be construed to be a waiver of such provisions or of either party’s right
at any time to enforce each and every provision.
9. Assignment. This Agreement is not assignable by either party without the prior
written consent of the other.
10. Notices. Any notices required or desired to be given hereunder shall be in
writing, delivered by registered or certified mail, and addressed to the part to whom such notice
is to be given at the following addresses, unless notice of a new address has been given in
compliance herewith:
City of Grand Island Community Redevelopment Authority
Attn: Utilities Director Attn: Chad Nabity, AICP
100 East First Street Hall County Regional Planning Director
P.O. Box 1968 100 East First Street
Grand Island, NE 68802-1968 P.O. Box 1968
Grand Island, NE 68802-1968
Such notices shall be effective upon mailing.
3
11. Entire Agreement. This Agreement supersedes any and all prior agreements
between Purveyor and Customer with regard to the matters herein contained, and constitutes the
entire agreement between the parties hereto with regard to such matters. Neither this Agreement
nor any of the provisions, terms or conditions hereof may be waived, altered, abridged, modified
or amended, except in writing, and signed by the party against whom the enforcement thereof is
sought.
12. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, their successors and assigns.
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation (CITY)
By: ______________________________________
Margaret Hornady, Mayor
Attest: ___________________________________
RaNae Edwards, City Clerk
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND
ISLAND, NEBRASKA (CRA)
By: ______________________________________
Title: ________________________
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2010, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Margaret Hornady, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Agreement and
acknowledged that the foregoing signature was her voluntary act and deed pursuant to Resolution 2010-___, and that
the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
__________________________________________________
Notary Public
My commission expires: ____________________
4
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On ___________________________, 2010, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared _____________________________, ____________ of Community
Redevelopment Authority of the City of Grand Island, Nebraska, known personally to me to be the identical person
who signed the foregoing Agreement and acknowledged the execution thereof to be his/her voluntary act and deed
for the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
___________________________________________
Notary Public
My commission expires: ____________________
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-28
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 2007, 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. 1 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: to install an 8” water line between 9th street and 12th street along the east side of
Poplar Street and necessary water service taps to support existing and anticipated development. 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. 1 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 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.
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 , to wit:
· That part of County Subdivision in the W ½ of Section 10, Township 11 North, Range 9 west
of the 6th P.M. south of 12th Street and 137’ east of the Poplar Street right of way.
· Lots 8-14 of Block 2 of Pleasant Hill Addition to the City of Grand Island
· Lots 7-15 of Block 6 of Pleasant Hill Addition to the City of Grand Island
· Lots 1 and 2 of Ngorski Subdivision
· Lots 1-7 of Block 3 of Pleasant Hill Addition to the City of Grand Island
· Lots 1-12 of Block 6 of Pleasant Hill Addition to the City of Grand Island
· All public right of way adjacent to the properties identified above all in the City of Grand Island,
Hall County, Nebraska,
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.
- 3 -
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.
c. The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, a Notice to Divide Tax for Community
Redevelopment Project as to the property described above.
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.
5. The Mayor and Clerk are authorized to enter into agreements with the Community Redevelopment
Authority for the installation of water mains and related improvements as described in the
Redevelopment Plan Amendment.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Redevelopment Plan Amendment
Grand Island CRA Area #1
2009
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #1.
Executive Summary:
Project Description
THE CONSTRUCTION OF AN 8” WATER MAIN BETWEEN 9TH STREET AND
12TH STREET ALONG THE EAST SIDE OF POPLAR STREET AND NEC ESSARY
WATER SERVICE TAPS TO SUPPORT EXISTING AND ANTICIPATED
DEVELOPMENT.
The extension of the water line will allow for the development of four to seven single
family residential lots adjoining the water line. The current intended use of the property
is for development of Habitat for Humanity homes.
Development of the residential lots is impeded by the lack of potable water infrastructure.
The redevelopment plan provides for the water line installation, which in turn allows for
development of the residential, lots.
The installation is to be made by the City of Grand Island in accordance with its current
bidding procedures. The Grand Island Community Redevelopment Authority (CRA)
intends to finance this infrastructure improvement by advancing the funds for the
infrastructure cost and obtaining repayment capturing the increase in real property ad
valorem taxes on the property described herein. The increase in ad valorem taxes
generated over the 15 year period beginning January 1, 2011 is intended to reimburse the
CRA for its fund advance.
Description Of The Real Property On Which Tax Increment Will Be Captured:
Property Description (the “Redevelopment Project Area”)
TAX INCREMENT FINANCING TO PAY FOR THE WATER LINE WILL COME
FROM THE FOLLOWING REAL PROPERTY:
This property is located between 9th Street and 12th Street along Poplar Street in northeast
Grand Island including:
· That part of County Subdivision in the W ½ of Section 10, Township 11 North,
Range 9 west of the 6th P.M. south of 12th Street and 137’ east of the Poplar Street
right of way.
· Lots 8-14 of Block 2 of Pleasant Hill Addition to the City of Grand Island
· Lots 7-15 of Block 6 of Pleasant Hill Addition to the City of Grand Island
· Lots 1 and 2 of Ngorski Subdivision
· Lots 1-7 of Block 3 of Pleasant Hill Addition to the City of Grand Island
· Lots 1-12 of Block 6 of Pleasant Hill Addition to the City of Grand Island
· All public right of way adjacent to the properties identified above.
See Attachment #1 for map of boundary of tax increment capture and for Habitat for
Humanity lots.
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2012 through 2025, inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid to the
normal taxing entities. The largest increase will come from the new housing on the lots
that benefit from the new water line.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2011.
a. That portion 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 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 portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated 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 on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a 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.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. Project must be in an area declared blighted and substandard. [§18-2109]
The Redevelopment Project Area has been declared blighted and substandard by action of
the Grand Island City Council on December 19, 2000.[§18-2109] Such declaration was
made after a public hearing with full compliance with the public notice requirements of
§18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103
(13)(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides for
installation of necessary infrastructure allowing for development of residential lots.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13)(b)]
a. Land Acquisition: The Redevelopment Plan for Area #1 provides for real property
acquisition and this plan amendment does not prohibit such acquisition.
b. Demolition and Removal of Structures: The project to be implemented with this
plan does not intend that any structures be removed or demolished. This amendment
does not prohibit demolition elsewhere in the Redevelopment Project Area.
c. Future Land Use Plan: See the attached map (Figure # 1) as reproduced from the
2004 Grand Island Comprehensive Plan as amended. These properties and all adjacent
property are planned for low to medium density residential development typically R1, R2
and R3 zoning districts. [§18-2103(b) and §18-2111] The attached map also is an
accurate site plan of the area after redevelopment. [§18-2111(5)]
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes. The area is zoned R2- Lo w Density Residential zone.
Residential development is anticipated based on this project. No changes are anticipated
in street layouts or grades. No change s are anticipated in building codes or ordinances.
Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use. The R2 zoning district allows for 6000 square
foot lots with a minimum width of 50 feet, allowable lot coverage of 35%, maximum
building height of 35’ and a density of 1 dwelling unit per 6000 square feet of property.
Along this 2 block stretch there are 11 single family dwellings, one duplex and one four-
plex. The existing land use of the area is shown on Figure #2. There are 12 vacant lots
that could be replatted into a maximum of 7 lots that meet the size requirements for single
family development in the R2 zone. [§18-2103(b) and §18-2111]. The proposed lot
layout for the Habitat for Humanity lots is attached as Figure #3. Four lots each
approximately 125’ by 59 feet will be located west of Poplar Street and north of 11th
Street.
f. Additional Public Facilities or Utilities. Sewer is available to support this
development. Additional water services would be installed with the water main project.
New sewer services may be needed to support the additional development.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This amendment does not
provide for acquisition of any residences and therefore, no relocation is contemplated.
[§18-2103.02]
5. Conflicts of interest by an Authority Member must be disclosed. No member of
the Authority, nor any employee thereof holds any interest in any property in the
Redevelopment Project Area. [§18-2106]
6. The Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers. The Authority shall use general funds on hand
to pay for plan preparation and legal fees in the estimated amount of $5,000.00; the
estimated sum of $130,000 for water line installation and engineering; and the sum of
$1,000 for cost reimbursement for the office of the City Treasurer for accounting. These
funds will be repaid from the Tax Increment Revenues generated from the project. No
property will be transferred to redevelopers.
b. Statement of proposed method of financing the redevelopment project.
The Authority shall issue its promissory note in the amount of $136,000 to bear interest at
the rate of 4% per annum. The note shall be held by the Authority in compensation for
general funds advanced to pay for the redevelopment plan and project. The note shall be
repaid from the Tax Increment Revenues generated from the Redevelopment Project
Area from and after January 1, 2011 through December 2025.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Statutory consideration prior to recommending a redevelopment Plan. Section
18-2113 of the Act requires: Prior to recommending a redevelopment plan to the
governing body for approval, an authority shall consider whether the proposed land uses
and building requirements in the redevelopment project area are designed with the
general purpose of accomplishing, in conformance with the general plan, 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 the healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreational 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 insanitary or unsafe
dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of undeveloped residential lots. The only conceivable
impact as a result of the proposed project is the creation of 7 more single family
residences. This will impact traffic on Poplar streets. Development of new housing will
raise property values and provide a stimulus to keep surrounding properties properly
maintained. This will have the intended result of preventing recurring elements of unsafe
dwellings and blighting conditions.
8. Time Frame for Development. Development of this project is anticipated to be
completed during the 2010 and 2011 calendar years. 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 2011 tax year.
9. Justification of Project. Properties along Poplar Street will need the water line to
develop. This is infill development in an area with all city services except water. Water
is available and can be extended to serve these lots. Public right-of-way is available for
the location of the line. No additional property either through easement or fee purchase is
expected to be necessary to install the line. At least 4 undeveloped lots that do not have
water service will be made available. Grand Island Area Habitat for Humanity is
proposing to build 4 houses in this area. At least two and maybe three additional lots will
be made developable by this project as well. All of the houses along the street will have
the opportunity to connect to city water.
10. Cost Benefit Analysis. Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment
Financing;
The redevelopment project area currently has an estimated valuation of $1,115,071.
Once the water line is installed, the Authority believes that an additional 4 to 7 homes
will be built as a result of Habitat for Humanity projects in 2010. This will result in 4 to
7 current families placing houses on the tax rolls. These families already utilize tax
services in the city and county. Therefore no tax shifts will result from the project. The
project creates additional valuation that will support taxing entities long after the water
line is paid.
(b) Public infrastructure and community public service needs impacts and local
tax impacts arising fro m the approval of the redevelopment project;
This plan provides for a new water line that will be paid from Tax Increment
Revenues that will increase as a result of the project. No additional public service needs
have been identified.
(c) Impacts on employers and employees of firms locating or expanding within
the boundaries of the area of the redevelopment project;
No impact on employers or employees will occur in the Redevelopment Project Area
as a result of this plan amendment.
(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; and
No impact on employers or employees should occur outside the boundaries of the
Redevelopment Project Area as a result of this plan amendment.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
No other impacts have been identified as relevant by the Authority.
Figure 1
Figure 2
Figure 3
Item G8
#2010-29 - Approving Redevelopment Plan for Real Estate Located
at the Southeast Corner of 4th Street and Cedar Street
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-29
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 2007, 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. 1 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 423 W 4th Street; prepare the site for construction and
extend necessary utility services construct a new 3150 square foot commercial building to be used as a
pharmacy on lots 3 and 4 of Block 39 of Grand Island Original Town in 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. 1 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 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.
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.
- 3 -
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, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Redevelopment Plan Amendment
Grand Island CRA Area #1
November 2009
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #1.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY AT 4TH AND CEDAR STREETS BY THE
DEVELOPER AND SUBSEQUENT SITE CLEAN UP AND EARTHWORK,
UTILITY, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR
THE CONSTRUCTION AND OPERATION OF A RETAIL PHARMACY AT THIS
LOCATION.
This property has sat vacant for more than 30 years. The use of Tax Increment Financing
to aid in the acquisition and clean up of the property makes it feasible for the proposed
development.
The acquisition and site work will be paid for by the developer. The developer is
responsible for and has provided evidence that they can secure adequate debt financing to
cover the costs associated with the acquisition and site work. The Grand Island
Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes
generated over the 15 year period beginning January 1, 2011 towards the allowable costs
and associated financing for the acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located at the southeast corner of 4th Street and Cedar Street in northeast
Grand Island including:
· Lots 3 and 4 of Block 39 of Grand Island Original Town
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2012 through 2025, inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the retail pharmacy to be
constructed on the property to be acquired.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2011.
a. That portion 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 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 portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated 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 on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a 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.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendme nt meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public notice
requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a)
and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to acquire the necessary property and provide the necessary site work for
the construction of a permitted use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area #1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not intend that any structures be
removed or demolished. This amendment does not prohibit demolition elsewhere in the
Redevelopment Project Area.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for mixed use commercial development. [§18-2103(b) and §18-2111] The
attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2- General Business zone. Commercial development is anticipated
based on this project. No changes are anticipated in street layouts or grades. No changes
are anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to a retail pharmacy at this site. The total square footage of
the building will be 3,150 square feet. The property is zoned B2 General Business and
could accommodate a building of up to 100% of the property or 17,424 square feet. [§18-
2103(b) and §18-2111]
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.
f. 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.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This amendment does not provide
for acquisition of any residences and therefore, no relocation is contemplated. [§18-
2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has provided a copy of the purchase agreement for the property with a
purchase price of $96,000. Costs for preparation for development are estimated at
$77,000.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. That portion of the
borrowed funds that can be attributed to eligible expenditures including: acquisition of
the property; and subsequent site clean up and earthwork, utility, landscaping and parking
improvements as necessary; and architecture, engineering and legal fees; and interest
associated with the debt issued to cover these expenditures. . These funds will be repaid
from the Tax Increment Revenues generated from the project. TIF revenues shall be
made available to repay the original debt and associated interest after January 1, 2011
through December 2025.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, 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 the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational 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 insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of undeveloped commercial lots. The only
conceivable impact as a result of the proposed project is the creation of additional retail
space in a commercial district. This will impact traffic on 4th Street. New commercial
development will raise property values and provide a stimulus to keep surrounding
properties properly maintained. This will have the intended result of preventing recurring
elements of unsafe buildings and blighting conditions.
8. Time Frame for Development
Development of this project is anticipated to be completed during the 2010 and 2011
calendar years. 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 2011 tax year.
9. Justification of Project
This property has been vacant for more than 30 years. This is infill development in an
area with all city services available. Pharmacy Properties LLC is proposing to build a
retail pharmacy in this area. Very little new construction has occurred within the 4th
street business district in the last 30 years. This project does not propose to tear down
any buildings with historic value but rather seeks to use vacant property for new
construction.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment
Financing;
The redevelopment project area currently has an estimated valuation of $39,495.
After acquisition of the property and subsequent improvements a retail pharmacy will be
built at this location. This will result in a $387,000 commercial building being placed on
the tax rolls. The proposed investment is substantially higher than the taxable value of
the building. No tax shifts are anticipated from the project. The project creates
additional valuation that will support taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local
tax impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified.
(c) Impacts on employers and employees of firms locating or expanding within
the boundaries of the area of the redevelopment project;
The proposed facility will provide job for pharmacists and associated retail personnel.
(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; and
This facility could draw employees from other similar facilities within the City.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This proposed development represents some of the first new construction along this
stretch of 4th Street in many years. Many of the existing buildings have been
rehabilitated and reused but there has been little to no new construction.
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 in 2012. 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
$111,000. Based on the purchase price of the property and estimates of the expenses of
eligible activities the developer will spend $177,000 on TIF eligible activities.
Proposed Site Plan for Development at 423 W 4th Street in Grand Island, NE
Item G9
#2010-30 - Approving Community Revitalization CDBG Phase 1
Grant Application
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-30
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application through the Nebraska Department of Economic Development
for a Community Development Block Grant; and
WHEREAS, the Nebraska Department of Economic Development is presently accepting
grant applications for community revitalization; and
WHEREAS, a grant application has been prepared to request funding for water main
replacement in a combined project area of Block Groups 11 and 12; and
WHEREAS, the City is requesting a $257,794 grant which includes grant funds up to
$239,784 for water main and fire hydrant replacement and an amount not to exceed 7% ($18,046) for
General Administration; and
WHEREAS, the required 1:1 cash match of $239,748 in matching funds will be met by the
City through the completion of other eligible projects.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island, Nebraska is hereby authorized to apply for financial assistance
from the Nebraska Department of Economic Development for the purpose of completion
of a water main replacement in the designated project area; and
2. The Mayor is hereby authorized and directed to execute such grant application and other
documentation on behalf of the City of Grand Island for such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G10
#2010-31 - Approving Transfer from the General Fund to the Debt
Service Fund
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Finance Director
Meeting: January 26, 2010
Subject: Transfer from the General Fund to the Debt Service Fund
Item #’s: G-10
Presenter(s): Mary Lou Brown, Finance Director
Background
Attached is the City of Grand Island Cash Position Report as of December 31, 2009. The
far right column has been added to track the Net Assets position of each Fund and
Function. Based on the Net Assets detail on this report, it is necessary to transfer funds
from the General Fund to the Debt Service Fund.
Net Assets is the calculation of Total Assets less Total Liabilities and is used to
determine if a Fund is negative and not the cash balance according to the Nebraska State
Auditor’s office. Receipts in the Debt Service Fund come from property tax receipts; the
disbursements are for the City’s bond principal, interest and fee payments.
This Fund’s Net Assets became negative during the month of December. The City made
several bond principal, interest and fee payments during the month of December. The
timing of the property tax receipts is not correlated with the disbursements and thus the
Fund has the negative Net Assets balance.
Discussion
The solution to the negative Net Assets for the Debt Service Fund is the following:
Fund the negative Net Assets balance
The Net Assets balance as of 12/31/09 is $(90,880). Additional property tax receipts will
be received between now and the time of the next bond payments. Prior to the next
disbursements, a calculation will be done to determine if any additional transfer from the
General Fund is necessary. Since there will not be any additional disbursement activity
for several months, the transfer amount should be the minimum required to return the Net
Assets to a positive status. The transfer is recommended at a level of $91,000.00.
With this action, there is resolution with Nebraska Budget Act 13-510 which states,
“Whenever during the current fiscal year or biennial period it becomes apparent to a
governing body that due to unforeseen emergencies there is temporarily insufficient
money in a particular fund to meet the requirements of the adopted budget of
expenditures for that fund, the governing body may by a majority vote, unless otherwise
provided by state law, transfer money from other funds to such fund.”
Alternatives
It appears that the Council has the following alternative concerning the issue at hand. The
Council may:
Transfer money from the General Fund (Fund 100) to the Debt Service Fund (Fund
310) in the amount of $91,000 to eliminate the negative Net Assets balance.
Recommendation
City Administration recommends that the Council approve the transfer of $91,000 from
the General Fund (Fund 100) to the Debt Services Fund (Fund 310) to eliminate the
negative Net Assets balance.
Sample Motion
Move to approve the transfer of $91,000 dollars from the General Fund (Fund 100) to the
Debt Services Fund (Fund 310).
BALANCE BALANCE BALANCE INCREASE BUDGET INCREASE NET
9/30/2009 SOURCES USES 12/31/2009 12/31/2008 (DECREASE)9/30/2010 (DECREASE)ASSETS
GENERAL FUND 5,756,927 9,062,674 12,216,267 2,603,334 3,162,374 (559,040) 4,180,504 (1,577,170) 283,393,920
excludes State Fair Bldg transactions
Library Trust 26,493 5,522 - 32,016 23,845 8,171 31,124 892 32,016
Cemetery Trust 481,994 22,435 - 504,429 460,405 44,024 500,579 3,850 519,955
TOTAL PERMANENT FUNDS 508,487 27,958 - 536,445 484,250 52,195 531,703 4,742 551,971
Gas Tax 2,393,139 905,835 943,779 2,355,195 2,370,882 (15,687) 206,035 2,149,160 2,710,455
Enhanced 911 463,974 22,000 16,243 469,731 320,268 149,463 468,195 1,536 635,067
Keno 39,438 59,907 - 99,345 45,231 54,113 37,288 62,057 119,975
Community Youth Council 71,194 2,398 815 72,777 72,702 75 57,949 14,828 73,202
Revolving Loan 75,022 4,715 588 79,150 18,771 60,379 9,052 70,098 419,626
Economic Development 974,447 755,712 972,500 757,659 695,734 61,925 487,593 270,066 1,216,826
Homestead Loans 85,628 6,076 27 91,677 112,329 (20,653) 4,032 87,645 487,244
Community Development 282 625 32,119 (31,211) (21,011) (10,200) 3,735 (34,946) 1,701,953
Community Grants 74,356 105,048 199,080 (19,676) 91,956 (111,632) 78,480 (98,156) 438,996
Police Grants 42,789 35,601 22,273 56,116 44,125 11,992 28,953 27,163 64,541
Parking District #1 88,361 37,464 8,514 117,311 121,393 (4,081) 35,038 82,273 358,756
Parking District #2 143,640 5,754 3,587 145,806 139,953 5,853 75,118 70,688 236,391
Backflow (15,217) 16,306 18,863 (17,774) (13,356) (4,418) (43,109) 25,335 (10,682)
Local Assistance 91,184 7,500 1,864 96,820 105,315 (8,495) 87 96,733 100,143
TOTAL SPECIAL REVENUE FUNDS 4,528,235 1,964,942 2,220,251 4,272,926 4,104,292 168,634 1,448,446 2,824,480 8,552,493
DEBT SERVICE FUND 92,002 252,073 625,690 (281,615) 449,145 (730,760) 160 (281,775) (90,880)
Capital Projects 294,450 1,921,096 1,126,936 1,088,609 24,769 1,063,840 12,282 1,076,327 8,858,289
Special Assessments 274,304 39,260 1,500 312,064 590,214 (278,150) 398,720 (86,656) 1,333,248
TOTAL CAPITAL PROJECT FUNDS 568,754 1,960,356 1,128,436 1,400,674 614,984 785,690 411,002 989,672 10,191,537
CITY OF GRAND ISLAND
CASH POSITION
December 31, 2009
Page 1 of 2
BALANCE BALANCE BALANCE INCREASE BUDGET INCREASE NET
9/30/2009 SOURCES USES 12/31/2009 12/31/2008 (DECREASE)9/30/2010 (DECREASE)ASSETS
CITY OF GRAND ISLAND
CASH POSITION
December 31, 2009
Solid Waste 7,634,866 694,269 544,096 7,785,039 7,439,818 345,221 7,518,881 266,158 8,858,289
Golf Course (213,302) 54,806 126,208 (284,704) (296,393) 11,689 (240,320) (44,384) (135,323)
Electric Utility 28,406,448 25,653,250 26,311,959 27,747,738 25,369,132 2,378,606 15,509,000 12,238,738 148,498,895
Water Utility 2,772,717 2,224,990 1,596,191 3,401,516 3,716,911 (315,395) 953,370 2,448,146 43,610,142
Wastewater Utility 11,432,643 2,569,031 2,295,711 11,705,963 11,071,301 634,662 4,481,615 7,224,348 52,091,953
TOTAL ENTERPRISE FUND 50,033,332 31,196,346 30,874,165 50,355,553 47,300,770 3,054,783 28,222,546 22,133,007 252,923,956
Information Technology 146,370 622,327 184,877 583,820 461,612 122,208 8,384 575,436 864,219
Fleet Services 55,446 458,671 338,921 175,197 177,967 (2,771) (32,473) 207,670 530,327
General Insurance 6,165,290 2,584,535 1,305,841 7,443,983 6,482,551 961,432 5,953,414 1,490,569 5,925,583
Equipment Reserve 312,489 26,755 - 339,244 277,867 61,377 136,406 202,838 339,244
TOTAL INTERNAL SERVICE FUND 6,679,595 3,692,288 1,829,640 8,542,243 7,399,997 1,142,246 6,065,731 2,476,512 7,659,373
Cafeteria Plan 55,929 124,342 124,367 55,904 46,622 9,282 31,213 24,691 55,904
Other Agencies 124,856 104,152 123,169 105,839 119,526 (13,687) 141,932 (36,093) 87,961
BID Assessments 920 188,640 185,922 3,639 59,863 (56,224) - 3,639 12,069
Police and Fire Pension (45,143) 74,791 44,283 (14,635) (92,388) 77,754 - (14,635) (1,528,728)
Police Reserve 177,463 4,925 112,357 70,031 191,177 (121,146) 88,913 (18,882) 70,031
Fire Reserve 6,106,593 315,746 665,390 5,756,949 5,809,615 (52,666) 3,678,438 2,078,511 3,586,977
TOTAL FIDUCARY FUND 6,420,618 812,597 1,255,489 5,977,727 6,134,415 (156,688) 3,940,496 2,037,231 2,284,214
TOTAL ALL FUNDS 74,587,951 48,969,233 50,149,937 73,407,286 69,650,227 3,757,060 44,800,588 28,606,698 565,466,584
Page 2 of 2
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-31
WHEREAS, the Debt Service Fund meets the definition of a Fund for Nebraska Budget
Act 13-510; and
WHEREAS, the Debt Service Fund as of December 31, 2009 has a negative Net Assets
balance; and
WHEREAS, Nebraska Budget Act 13-510 allows for the transfer of money from other
funds to such fund in which there is temporarily insufficient money to meet the requirements of the adopted
budget of expenditures; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that:
The Finance Director is hereby authorized and directed to transfer $91,000 from the General Fund to the
Debt Service Fund to provide adequate money to meet the requirements of the adopted budget of
expenditures for that Fund.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2010-32 - Approving Change Order #1 for Water Main Project
2009-W-3 - Water Main Extension - Husker Hwy. and 60th Road
Tuesday, January 26, 2010
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: January 26, 2010
Subject: Change Order #1 - Water Main Project 2009-W-3 Water
Main Extension – Husker Hwy. and 60th Road
Item #’s: G-11
Presenter(s): Gary R. Mader, Utilities Director
Background
In February, 2009, the Council approved an Interlocal Agreement between the City of
Grand Island, the Village of Alda, and the U.S. Department of Agriculture – Rural
Development, for construction of a water main to provide a safe water supply to the
Village. The Agreement provides for the City to construct the water line and the Village
to pay the City a connection fee for that project.
Contract specifications and plans were prepared for the project. Bids were received on
July 1, 2009, and at the July 14 Council meeting, Van Kirk Brothers Contracting of
Sutton, Nebraska was awarded the contract for construction of the project.
Discussion
To date, all piping and related infrastructure ha ve been installed. Out of the total 15,076 lf
of water main, 2,570 lf ha ve been successfully pressure tested and disinfected, and placed
in service. The contractor is currently working on the specified testing of the rest of the
project. Of the remaining 12,506 lf, approximately 56% has passed pressure testing, but
has not yet been disinfected. The balance of the testing has been temporarily suspended
due to the record snow falls and below freezing temperatures in December.
As listed in Van Kirk’s bid, the contractor originally anticipated 185 days from the
Notice to Proceed to complete the project. This established the date of February 6, 2010
as the date all work was to be completed. A copy of the Notice to Proceed is attached for
reference.
Due to the adverse weather conditions, Van Kirk Brothers Contracting is requesting a 90
day extension to the contract to complete the contract requirements. This would set a new
completion date of May 6, 2010, allowing additional time for testing, certification, and
site restoration.
The extension does not change the dollar amount of the contract, nor does the extension
impact the schedule for delivery of water to the Village of Alda. The Village has not yet
advertised for their phase of construction, which must be completed prior to the Village
being able to receive water supply from the Grand Island water system.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 1 with Van
Kirk Brothers Contracting, of Sutton, Nebraska; extending the contract completion date
to May 6, 2010. There is no change to the contract’s price.
Sample Motion
Move to approve Change Order No. 1 with Van Kirk Brothers Contracting, of Sutton,
Nebraska, to extend the completion date for Water Main Project 2009-W-3 to May 6,
2010.
CHANGE ORDER #1
TO: Van Kirk Bros. Contracting
1200 West Ash Street, PO Box 585
Sutton, NE 68979
PROJECT: Water Main Project 2009-W-3
Water Main Extension – Husker Highway & 60th Road
You are hereby directed to make the following change in your contract:
1. Amend the completion date of the project from FEBRUARY 6, 2010 to MAY 6,
2010. (90 day time extension due to inclement weather.)
Change Order #1 $ 0.00
Approval and acceptance of this Change Order acknowledges understanding and
agreement that all work, including restoration, shall be completed on or before the
date indicated above. Additional claims will not be considered.
APPROVED: CITY OF GRAND ISLAND
By: Date: Mayor
Attest: Approved as to Form, City Attorney
ACCEPTED: VAN KIRK BROS. CONTRACTING
By: Date:
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-32
WHEREAS, Van Kirk Brothers Contracting, of Sutton, Nebraska was awarded the
contract for construction of Water Main Project 2009-W-3; a water line to the Village of Alda; and
WHEREAS, the City of Grand Island and the surrounding area received record snow falls
and below freezing temperatures in the month of December, 2009; and
WHEREAS, Van Kirk’s bid originally anticipated 185 days from the Notice to Proceed to
complete the project, that completion date being February 6, 2010; and
WHEREAS, due to the adverse weather conditions, Van Kirk Brothers Contracting is
requesting a 90 day extension to the contract to complete the contract requirements; and
WHEREAS, the extension does not change the dollar amount of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Van Kirk Brothers
Contracting, of Sutton, Nebraska resulting in a time extension of 90 days, for a new completion date of
May 6, 2010, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2010-33 - Approving the Power Sales and Marketing Agreements
between the City of Grand Island and Omaha Public Power District
Tuesday, January 26, 2010
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: January 26, 2010
Subject: Power Sale and Marketing Agreements between the City
of Grand Island, Utilities Dept. and Omaha Public Power
District
Item #’s: G-12
Presenter(s): Gary R. Mader, Utilities Director
Background
The nation’s electric utilities are interconnected by a high voltage transmission grid that
provides greatly increased stability and reliability for all electric users. The
interconnections allow utilities to provide reserves, address emergency conditions and to
routinely buy and sell power as market conditions allow. Within the national electric grid,
major transmission owner/operators are assigned responsibilities for control of the
transmission in their service areas and are required to balance the generation, load and
power interchanges within their areas. Those areas of responsibility are termed Control
Areas. For most of the area of the State of Nebraska, the major transmission
owner/operator is the Nebraska Public Power District (NPPD) and that utility has
responsibility for the Control Area in which Grand Island’s power plants are located. In
accordance with a number of agreements over the years, Grand Island Utilities accesses
regional transmission service via its interconnections with NPPD. Additionally, the sale
of power to other utilities by Grand Island is accomplished in accordance with
agreements with NPPD, as NPPD has responsibility for the Control Area in which the
City’s generation is located.
In May of 2009, the Utilities Department began receiving power from the Omaha Public
Power District (OPPD) Nebraska City Unit #2 (NC2). NC2 is a 670 MW coal-fired
power plant located along the Missouri River, south of Omaha. Grand Island is one of
multiple participants in this major addition of base load capacity in the state. The NC2
plant is located outside of the NPPD Control Area, in the OPPD Control Area. The
physical location of NC2 opens opportunities for power sales directly from that Control
Area. The Utilities Department has approached both NPPD and OPPD regarding the
potential of power sales directly from the NC2 plant from the OPPD Control Area.
Discussion
Discussions began with OPPD and NPPD to determine the best route to take in order to
establish an agreement that would not dramatically change the normal operations with
NPPD but would allow Grand Island the option of using OPPD as a marketer of Grand
Island’s NC2 generation share. NPPD drafted an operational procedure that defines the
changes in responsibilities of each entity under this arrangement. OPPD then provided a
Power Purchase and Sale Agreement. This agreement defines the terms and conditions
for various power transactions and is OPPD’s standard Power Sale Agreement used to
conduct business with other utilities. A copy of this standard agreement is attached.
Additionally, this agreement contains exhibits, forms and supplements that are considered
confidential by OPPD.
Also, OPPD provided a Joint Marketing/Services Agreement. This is a detailed
agreement that applies solely to Grand Island’s NC2 generation and specifies each party’s
responsibilities in detail. OPPD also considers the Marketing/Services Agreement
confidential. The confidential attachments to the Power Purchase and Sale Agreement,
and the Joint Marketing/Services Agreement are provided to the Council under separate
cover.
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 Power Purchase and Sale
Agreement and the Joint Marketing/Services Agreement with Omaha Public Power
District.
Sample Motion
Move to approve the Power Purchase and Sale Agreement and the Joint
Marketing/Services Agreement with Omaha Public Power District.
POWER PURCHASE AND SALE AGREEMENT
This Agreement made and entered into this 26 day of January, 2010. By and between
OMAHA PUBLIC POWER DISTRICT ("OPPD"), a public corporation and political subdivision of
the State of Nebraska, and CITY of GRAND ISLAND UTILITIES DEPARTMENT, NEBRASKA
("CITY"), hereby agree as follows:
1. Certain Definitions. For purposes of this Agreement, the following terms are defined:
(a) "Affiliate" shall mean any Person controlling, controlled by, or under common control
with another Person.
(b) "Authorized Representative(s)" shall mean those OPPD and CITY personnel
authorized to both purchase and sell Power on behalf of each respective party.
(c) "Control Area Services" shall mean the exercise of operating control of the
resources necessary to meet the requirements for a Transaction within a party's
control area on an instantaneous and continuous basis.
(d) "Facilities" shall mean all generation, transmission, distribution, communication, and
other equipment utilized by either party in connection with a Transaction.
(e) "Incremental Cost" shall mean, with respect to a Transaction:
1. The cost of the fuel, operating labor and maintenance required to generate
the energy necessary to supply (i) the scheduled delivery to the receiving
party, plus (ii) the incremental losses incurred on the supplying party's
system, plus (iii) the energy supplied to any intervening system or systems as
compensation for losses.
2. The cost of starting and operating any generating units that must be started
as a result of supplying such energy.
3. The supplying party's cost of purchased energy if the purchase is made as a
result of supplying such energy. The incremental cost per kilowatt-hour for
any particular transaction shall be the total of such costs divided by the
kilowatt-hours scheduled for delivery to the receiving party either directly by
the supplying party or through an intervening system or systems.
(f) "Person" shall mean any individual, association, partnership, corporation or other
legally recognized entity.
(g) "Power" shall mean energy and/or capacity for sale to, or purchase by, a party in
accordance with this Agreement.
(h) "Prudent Utility Practice" shall mean any of the practices, methods and acts at a
particular time, which, in the exercise of reasonable judgment in the light of the
facts, including but not limited to the practices, methods and acts engaged in or
approved by a significant portion of the electric utility industry prior thereto, known at
the time the decision was made, would have been expected to accomplish the
desired result at the lowest reasonable cost consistent with reliability, safety and
expediency. In applying the standard of Prudent Utility Practice to any matter under
this Agreement, equitable consideration should be given to the circumstances,
requirements and obligations of each of the parties. It is recognized that Prudent
Utility Practice is not intended to be limited to a single best practice, method or act to
the exclusion of all others, but rather can be within a spectrum of possible practices,
methods or acts that could reasonably have been expected to accomplish the
desired result.
(i) "Regulatory Authority" shall mean any federal, state or local governmental or
regulatory body (excluding OPPD), or any agency or instrumentality thereof, having
competent jurisdiction over either party or such party's Facilities.
(j) "Transaction(s)" shall mean the sale or purchase of Power by the parties in
accordance with this Agreement.
2. Scope. The parties may engage in Transactions for the purchase or sale of Power in
accordance with the following terms and conditions; provided, however that this Agreement
shall not obligate either party to engage in any such Transactions.
(a) At any time during the Term of this Agreement, the parties may notify each other
that Power is available for purchase or sale. Sales of Power by CITY to OPPD shall
be pursuant to Electric Rate Schedule No. 1, attached hereto as Exhibit A. Sales of
Power by OPPD to CITY shall be at the rates established in an applicable service
schedule, approved by the OPPD Board of Directors, and attached hereto as
Exhibits "B" through "D", inclusive. OPPD may from time to time revise these
service schedules by written notice to CITY and, upon sending such notice, the
revised service schedules shall be incorporated into this Agreement and shall
supersede any previous version thereof.
(b) OPPD will deliver Power to or receive Power from CITY at the points of
interconnection as shown in Supplement 1, which may be revised from time to time.
(c) Each Transaction shall include, at a minimum, the following terms and conditions:
(i) the period of delivery, (ii) the delivery point(s), including Control Area Services
necessary to carry out any Transaction and the point of interconnection for the
Transaction, (iii) the price of Power pursuant to the attached Service Schedules, (iv)
the quantity of Power, (v) the inclusion of and reimbursement for any applicable loss
repayment procedures, which in no event shall be less than three percent (3%) of
the Power applicable to the Transaction, and (vi) if the Transaction is Firm, it shall
also include any conditions or prior obligations which may affect the delivery or
acceptance of Power under such Transaction. CITY expressly understands and
agrees to abide by any present or future regional emergency procedure(s), which
OPPD is obligated to obey.
(d) The Authorized Representatives for each party shall execute and deliver by
facsimile a written confirmation of the terms and conditions of each Transaction
using the form attached hereto as Form 1 ("Transaction Form"). Upon receipt of a
facsimile Transaction Form by both parties, the Transaction shall become effective
and the Transaction Form shall constitute an integral part of this Agreement. Any
conflict, not reasonably capable of reconciliation, between this Agreement and the
Transaction Form shall be resolved in favor of this Agreement.
(e) In the event of an emergency curtailment or interruption of energy, the party
experiencing or affected by such emergency shall immediately notify the other
party's Authorized Representative.
(f) All Transactions shall be conducted in accordance with Prudent Utility Practice.
3. Term. This Agreement shall become effective when executed by the parties (and accepted
for filing by any Regulatory Authority, including FERC) and shall remain in effect until
terminated by either party upon thirty (30) day's prior written notice, or otherwise in
accordance with this Agreement; provided, however, that Transactions confirmed in writing,
as provided herein, prior to the date of a termination notice shall be completed in
accordance with this Agreement.
4. Billing and Payments.
(a) Each Transaction shall be accounted for on the basis of scheduled hourly quantities.
The accounting period for any Transaction shall be one (1) calendar month. The
Authorized Representatives involved in any Transaction shall maintain records of
hourly schedules for accounting and operating purposes. Any discrepancy between
(i) the amount scheduled by the parties and (ii) the amount scheduled with an
interconnecting utility shall be resolved by the party responsible for the discrepancy.
Any discrepancy between actual and scheduled deliveries or receipts as recorded
by OPPD and as recorded by an interconnecting utility, shall be resolved by OPPD
and such interconnecting utility without affecting CITY, provided that CITY's
schedule with the interconnecting utility is not disputed.
(b) Invoices shall be submitted monthly within ten (10) days following the last day of the
month in which Transactions occurred and shall be paid by each party by the earlier
of the tenth (10th) day after the statement was received or the twentieth (20th) day
of the calendar month in which the statement was received, and if such day is not a
business day, the next business day.
(c) Amounts not paid on or before the due date shall be payable with interest accrued
daily at the rate of 18% per annum or at the prime rate of interest per annum
established by the Morgan Guaranty Trust Company of New York, or its successor,
on the last business day of the month in which service was rendered, plus one and
one-half percent (1½%) per annum, whichever is greater. If the total balance due
including interest, is not paid by the 30th day following the date of the invoice, the
interest rate becomes 21% per annum on the 31st day following the date of the
invoice, and continues at 21% until the amount of the invoice and total accrued
interest is paid in full. In no event will the interest rate herein be greater than the
maximum interest rate permitted by Nebraska law.
(d) In the event any portion of an invoice is in dispute, the undisputed amount shall be
paid when due. The parties shall endeavor to cooperate and use best efforts to
amicably and promptly resolve such disputes. Upon determination of the correct
amount, whether by agreement or otherwise, the proper adjustment shall be paid or
refunded promptly after such determination with interest accrued in accordance with
Section 4(c) and computed from the date payment was due to the date the
adjustment is made.
(e) All invoices shall be sent to the following addresses:
Omaha Public Power District City of Grand Island, Nebraska
444 S. 16th St. Mall, 10E/EP-1 100 East First Street
Omaha, NE, 68102-2247 Grand Island, Nebraska 68802-1968
Attn: Energy Marketing & Trading Attn: Travis Burdett, Assistant Utilities
Director
(f) All payments shall be wire transferred to the following accounts:
Account Information on File. Account Information on File.
For Omaha Public Power District For City of Grand Island, Nebraska
5. Authorized Representatives. Each party shall designate one or more Authorized
Representative(s) who shall be authorized to act on its behalf with respect to matters
contained hereunder, which are the functions and responsibilities of the Authorized
Representatives. Within thirty (30) days after execution of this Agreement, each party shall
give written notice to the other party of its designation, and shall promptly notify the other
party of any subsequent changes in such designation. The Authorized Representatives
shall have no authority to modify any of the provisions of this Agreement.
6. Representations and Covenants. Each party represents to and covenants with the other
as follows:
(a) that it has the necessary corporate and/or legal authority to enter into this
Agreement and any Transactions which it agrees to hereunder, and to perform each
and every duty and obligation imposed by this Agreement, and that this Agreement
represents a valid, binding and legally enforceable obligation of such party. Each
individual affixing a signature to this Agreement represents and warrants that he or
she has been duly authorized to execute this Agreement on behalf of the party he or
she represents, and that by signing the Agreement, a valid, binding and enforceable
legal obligation of said party has been created; and
(b) that there are no pending, or to its knowledge, threatened, claims, actions, suits,
audits, investigations or proceedings by or against such party which could have a
material adverse effect on its ability to perform the obligations under this Agreement.
7. Creditworthiness. In the event that either Party’s creditworthiness, financial responsibility
or performance viability become unsatisfactory to the other Party with regard to any
transaction pursuant to this Agreement, the dissatisfied Party (the “First Party”) may require
the other Party (the “Second Party”) to provide, at the Party’s option (but subject to the First
Party’s acceptance), either (1) the posting of a Letter of Credit, (2) a cash prepayment, (3)
the posting of other acceptable collateral or security by the Second Party, (4) a Guarantee
Agreement executed by a creditworthy entity; or (5) some other mutually agreeable method
of satisfying the First Party. The Second Party’s obligations shall be limited to a reasonable
estimate of the damages to the First Party if the Second Party were to fail to perform its
obligations. Events, which may trigger the First Party questioning the Second Party’s
creditworthiness, financial responsibility, or performance viability, include, but are not
limited to, the following:
(a) The First Party has knowledge that the Second Party (or its Guarantor if applicable)
is failing to perform or defaulting under other contracts.
(b) The Secondary Party has exceeded any credit or trading limit established by the
First Party.
(c) The Second Party or its Guarantor has debt that is rated as investment grade and
that debt falls below the investment grade rating by at least one nationally
recognized rating agency.
(d) Other material adverse changes in the Party or its Guarantor’s financial condition
occur.
If the Second Party or its Guarantor fails to provide such reasonably satisfactory
assurances of its ability to perform a transaction hereunder within three (3) business days
of demand there, that will be considered an Event of Default under this Agreement and the
First Party shall have the right to exercise any of the remedies provided for below.
8. Default of Transactions under this Agreement and Confirmation Agreements.
(a) Events of Default
An “Event of Default” shall mean with respect to a Party (“Defaulting Party”):
1) The failure by the Defaulting Party to make, when due, any payment required
pursuant to this Agreement or Confirmation Agreement if such failure is not
remedied within two (2) Business Days after written notice of such failure is
given to the Defaulting Party by the other Party (“the Non-Defaulting Party”).
The Non-Defaulting Party shall provide the notice by facsimile to the
designated contact person for the Defaulting Party and also shall send the
notice by overnight delivery to such contact person; or
2) The institution, with respect to the Defaulting Party, by the Defaulting Party or
by another person or entity of a bankruptcy, reorganization, moratorium,
liquidation or similar insolvency proceeding or other relief under any
bankruptcy or insolvency law affecting creditor’s rights or a petition is
presented or instituted for its winding-up or liquidation; or
3) The failure by the Defaulting Party to provide adequate assurances of its
ability to perform all of its outstanding material obligations to the Non-
Defaulting Party under the Agreement or Confirmation Agreement pursuant
to Section 7 of this Agreement or any substitute or modified provision in the
Confirmation Agreement.
4) Seller Failure. If Seller fails to schedule and/or deliver all or part of the
Product pursuant to a Transaction, and such failure is not excused under the
terms of the Product or by Buyer’s failure to perform, then Seller shall pay
Buyer, within five (5) Business Days of invoice receipt, an amount for such
deficiency equal to the positive difference, if any, obtained by subtracting the
Contract Price from the Replacement Price. The invoice for such amount
shall include a written statement explaining in reasonable detail the
calculation of such amount.
5) Buyer Failure. If Buyer fails to schedule and/or receive all or part of the
Product pursuant to a Transaction and such failure is not excused under the
terms of the Product or by Seller’s failure to perform, then Buyer shall pay
Seller, within five (5) Business Days of invoice receipt, an amount for such
deficiency equal to the positive difference, if any, obtained by subtracting the
Sales Price from the Contract Price. The invoice for such amount shall
include a written statement explaining in reasonable detail the calculation of
such amount.
6) With respect to its Guarantor, if any:
i) if a material representation or warranty made by a Guarantor in
connection with this Agreement, or any transaction entered into
hereunder, is false or misleading in any material respect when made
or when deemed made or repeated; or
ii) the failure of a Guarantor to make any payment required or to perform
any other material covenant or obligation in any guarantee made in
connection with this Agreement, including any transaction entered into
hereunder, and such failure shall not be remedied within three (3)
Business Days after written notice, or
iii) the institution, with respect to the Guarantor, by the Guarantor or by
another person or entity of a bankruptcy, reorganization, moratorium,
liquidation or similar insolvency proceeding or other relief under any
bankruptcy or insolvency law affecting creditor’s rights or a petition is
presented or instituted for its winding-up or liquidation; or
iv) the failure, without written consent of the other Party, of a Guarantor’s
guarantee to be in full force and effect for purposes of this Agreement
(other than in accordance with its terms) prior to the satisfaction of all
obligations of such Party under each transaction to which such
guarantee shall relate; or
v) a Guarantor shall repudiate, disaffirm, disclaim, or reject, in whole or
in part, or challenge the validity of, any guarantee.
9. Remedies of Default. If an Event of Default occurs, the Non-Defaulting Party shall
possess the right to terminate all transactions between the Parties under this Agreement
upon written notice (by facsimile or other reasonable means) to the Defaulting Party, such
notice or termination to be effective immediately upon receipt. If the Non-Defaulting Party
fails to exercise this right of termination with thirty (30) days following the time when the
Event of Default becomes known (or more than thirty days if the Non-Defaulting and
Defaulting Parties agree to an extension), then such right of termination shall no longer be
available to the Non-Defaulting Party as a remedy for the Event(s) of Default; provided,
however, this thirty day requirement for exercising termination rights shall not apply to
defaults pursuant to Sections 8.a.2 and 8.a.4.iii. The Non-Defaulting Party terminating
transaction(s) may do so without making a filing at the Federal Energy Regulatory
Commission (FERC). Upon termination, the Non-Defaulting Party shall liquidate all
transactions as soon as practicable. The payment associated with termination
(“Termination Payment”) shall be calculated in accordance with this Section 9 and Section
10. The Termination Payment shall be the sole and exclusive remedy for the Non-
Defaulting Party for each terminated transaction (“Terminated Transaction”) for the period
beginning at the time notice of termination under this Section 9 is received. Prior to receipt
of such notice of termination by the Defaulting Party, the Non-Defaulting Party may
exercise any remedies available to it at law or otherwise.
Upon termination, the Non-Defaulting Party may withhold any payments it owes the
Defaulting Party for any obligations incurred prior to termination under this Agreement or
Confirmation Agreement(s) until the Defaulting Party pays the Termination Payment to the
Non-Defaulting Party. The Non-Defaulting Party shall possess the right to set-off the
amount due it under Sections 8 and 9 by any such payments due the Defaulting Party as
provided in Section 10(d).
10. Liquidation Calculation Options. The Non-Defaulting Party shall calculate the
Termination Payment as follows:
(a) The Gains and Losses shall be determined by comparing the value of the remaining
term, transaction quantities, and transaction prices under each Terminated
Transaction had it not been terminated to the equivalent quantities and relevant
market prices for the remaining term either quoted by a bona fide third-party offer or
which are reasonably expected to be available in the market under a replacement
contract for each Terminated Transaction. To ascertain the market prices of a
replacement contract, the Non-Defaulting Party may consider, among other
valuations, quotations from Dealers in energy contracts, any or all of the settlement
prices of the NYMEX power futures contracts (or NYMEX power options contracts in
the case of Physically-Settled Options) and other bona fide third party offers, all
adjusted for the length of the remaining term and differences in transmission. It is
expressly agreed that the Non-Defaulting Party shall not be required to enter into
replacement transactions in order to determine the Termination Payment.
(b) The Gains and Losses calculated under paragraph (a) shall be discounted to
present value using the Present Value Rate as of the time of termination (to take
account to the period between the time notice of termination was effective and when
such amount would have otherwise been due pursuant to the relevant transaction).
The “Present Value Rate” shall mean the sum of 0.50% plus the yield reported on
page “USD” of the Bloomberg Financial Markets Services Screen (or, if not
available, any other nationally recognized trading screen reporting on-line intraday
trading in United States government securities) at 11:00 a.m. (New York City, New
York time) for the United States government securities having a maturity that
matches the average remaining term of the Terminated Transactions, and
(c) The Non-Defaulting Party shall set off or aggregate, as appropriate, the Gains and
Losses (as calculated in Section 10(a)) and Costs and notify the Defaulting Party. If
the Non-Defaulting Party’s aggregate Losses and Costs exceed its aggregate Gains,
the Defaulting Party shall, within three (3) Business Days of receipt of such notice,
pay the Termination Payment to the Non-Defaulting Party, which amount shall bear
interest at the Present Value rate from the time notice of termination was received
until paid. If the Non-Defaulting Party’s aggregate Gains exceed its aggregate
Losses and Costs, the Non-Defaulting Party, after any set-off as provided in
paragraph (d), shall pay the remaining amount to the Defaulting Party within three
(3) Business Days of the date notice of termination was received including interest at
the Present Value from the time notice of termination was received until the
Defaulting Party receives payment.
(d) The Non-Defaulting Party shall aggregate or set-off, as appropriate, at its election,
any or all other amounts owing between the Parties (discounted at the Present
Value Rate) under this Agreement and any Confirmation Agreements against the
Termination Payment so that all such amounts are aggregated and/or netted to a
single liquidated amount. The net amount due from any such liquidation shall be
paid within three (3) Business Days following the date notice of termination is
received.
(e) 1) If the Non-Defaulting Party owes the Defaulting Party monies under this
Section 10, then notwithstanding the three Business Day payment
requirement detailed above, the Non-Defaulting Party may elect to pay the
Defaulting Party the monies owed under this Section 10 over the remaining
life of the contract(s) being terminated. The Non-Defaulting Party may make
this election by providing written notice to the Defaulting Party within three
Business Days of the notice being provided to terminate and liquidate under
this Section 10. The Non-Defaulting Party shall provide the Defaulting Party
with the details on the method for recovering the monies owed over the
remaining life of the contract(s). That method shall ensure that the Defaulting
Party receives a payment each month through the end of the term of each
contract which allows it to receive the monies with would have been due it
under sections 10(c) and (d) in total (to be recovered over the term of the
contract(s) to replicate as closely as possible the payment streams under
such contract(s)) provided that the discounting using the Present Value Rate
referenced in Section 10(b) shall not be reflected in determining the amounts
to be recovered under this provision.
2) This Section 10(e) and the rights and obligations under it shall survive
termination of any applicable transactions or agreements.
3) The Party owed monies under this Section 10(e) shall have the right to
request credit assurances consistent with Section 7 even after termination of
any contract or transaction.
4) If the Party owing money defaults on its payment obligations consistent with
Section 8.a or defaults with regard to providing credit assurances consistent
with Section 8.a.3, then the other Party shall have the right (by written notice)
at any time after the Party owing money defaults to require that Party to pay
all monies owed under all of the contracts subject to this Section 10(e) within
three (3) Business Days of receipt of the written notice. The monies to be
paid under this accelerated payment provision shall be the remaining
amounts to be paid under the contract(s) reflecting a discount using the
Present Value Rate from the date of the written notice.
For the purposes of this Section 10:
(f) “Gains” means the economic benefit (exclusive of Costs), if any, resulting from the
termination of the Terminated Transactions, determined in a commercially
reasonable manner as calculated in accordance with this Section 10;
(g) “Losses” means the economic loss (exclusive of Costs), if any, resulting from the
termination of the Terminated Transactions, determined in a commercially
reasonable manner as calculated in accordance with this Section 10;
(h) “Costs” means brokerage fees, commissions, and other similar transaction costs
and expenses reasonably incurred in terminating any specifically related
arrangements which replace a Terminated Transaction, transmission and ancillary
service costs associated with Terminated Transactions, and reasonable attorneys’
fees, if any, incurred in connection with the Non-Defaulting Party enforcing its rights
with regard to the Terminated Transactions. The Non-Defaulting Party shall use
reasonable efforts to mitigate or eliminate these costs.
(i) In no event, however, shall a Party’s Gains, Losses, or Costs include any penalties
or similar charges imposed by the Non-Defaulting Party.
11. Insurance. During the Term, each party shall maintain and keep in effect, to the
reasonable satisfaction of the other party, evidence of self-insurance or the following
minimum insurance requirements.
(a) commercial general liability insurance with a combined single limit with respect to
each occurrence of not less than $1,000,000, insuring such party (and naming the
other party as an additional insured) against loss, damage, cost, expense, or liability
for any damage to any property or injury, illness or death of any Person occurring or
arising as a result of the negligence of such party in connection with the
performance of its rights and obligations under this Agreement or any Transaction;
and
(b) worker’s compensation insurance as required by law.
12. Indemnification. Each party hereby indemnifies and agrees to hold harmless the other
party from and against any and all loss, damage, cost, expense, or liability to the extent it
arises or results from the negligence or willful misconduct of such party in connection with
performance of its rights and obligations under this Agreement, any Transaction, or
otherwise from any Default. In no event shall either party be liable for any punitive,
consequential, incidental, special damages or lost profits incurred or alleged to have been
incurred by anyone. Any party seeking indemnification hereunder (“Indemnitee”) shall
promptly notify the other party (“Indemnitor”) of the nature and amount of such claim and
the method and means proposed by the Indemnitee for defending or satisfying such claim.
The Indemnitee shall consult with the Indemnitor respecting the defense and satisfaction of
such claim, including the selection of and directions to legal counsel, and the Indemnitee
shall not pay or settle any such claim without the prior written consent of the Indemnitor,
which consent shall not be unreasonably withheld. In the event OPPD is the Indemnitor,
OPPD's liability for indemnification under this section 12 shall be limited to the maximum
amount for which a political subdivision may be held liable under the Nebraska Political
Subdivisions Tort Claims Act, now and as amended in the future. In the event the
Indemnitor is a municipality [political subdivision] under Nebraska law, such Indemnitor's
liability for indemnification under this section 12 shall be limited to the maximum amount for
which a municipality [political subdivision] may be held liable under the NebraskaTort
Claims Act.
13. Financial Review. This Agreement shall not take effect until the completion of OPPD's
review and approval, in its sole discretion, of CITY's creditworthiness and financial
condition. CITY shall cooperate with OPPD's initial financial review and with any
subsequent review requested by OPPD as to an individual Transaction under this
Agreement. CITY may, as an alternative to this financial review, provide OPPD with either a
letter of credit or a surety bond in an amount and from a provider satisfactory to OPPD.
14. Assignment. Neither party shall assign this Agreement or its rights hereunder without the
prior written consent of the other party. Notwithstanding the foregoing, either party may,
without the need for consent from the other party (and without relieving itself from liability
hereunder), (a) transfer, pledge, or assign this Agreement as security for any financing; (b)
transfer or assign this Agreement to an Affiliate of such party, or (c) transfer or assign this
Agreement to any Person succeeding to all or substantially all of the assets of such party;
provided, however, that any such assignee shall agree to be bound by the terms and
conditions hereof.
15. Uncontrollable Forces. The time for performance of any duty or obligation hereunder
(except with respect to the payment of compensation) shall be extended for the period
during which performance was delayed or impeded by reason of uncontrollable forces. The
term "uncontrollable forces" shall mean storm, flood, lightning, earthquake, fire, explosion,
failure of Facilities not due to lack of proper care or maintenance, civil disturbance, labor
disturbance, sabotage, war, national emergency, restraint by court order or public authority
(whether valid or invalid), and action or non-action by or inability to obtain or keep the
necessary authorizations or approvals from any Regulatory Authority, or other causes
beyond the control of the party affected which such party could not have been reasonably
expected to avoid by exercise of due diligence and foresight. Either party unable to fulfill
any obligation by reason of uncontrollable forces shall give prompt written notice to the
other party and shall exercise due diligence to remove such disability with reasonable
dispatch, but such obligation shall not require the settlement of a labor dispute except in the
sole discretion of the party experiencing such labor dispute. No party shall, however, be
relieved of liability for failure of performance if such failure is due to causes arising out of its
own negligence or due to removable or remediable causes, which it fails to remove or
remedy within a reasonable time.
16. Taxes. Each party shall use reasonable efforts to implement the provisions of and to
administer this Agreement in accordance with their intent to minimize taxes, so long as
neither party is materially adversely affected by such efforts. Either party, upon written
request of the other, shall provide a certificate of exemption or other reasonably satisfactory
evidence of exemption if either party is exempt from taxes, and shall use reasonable efforts
to obtain and cooperate with obtaining any exemption from or reduction of tax. Each party
shall be responsible for all taxes or other similar charges imposed or levied by any
Regulatory Authority based on or arising from such party's performance of this Agreement
or any Transaction.
17. Title. All right, title and interest in OPPD's Facilities and associated equipment of, or used
by, OPPD in connection with the performance of this Agreement shall at all times remain
vested in OPPD. Similarly, all right, title and interest in CITY's Facilities and associated
equipment of, or used by, CITY in connection with the performance of this Agreement shall
at all times remain vested in CITY.
18. Notices. With the exception of billing invoices pursuant to Section 4, all notices or other
communications which are required or permitted herein shall be in writing and sufficient if
delivered personally, sent by facsimile transmission followed by written confirmation of
receipt, sent by overnight commercial air courier (such as Federal Express), or sent by
registered or certified mail, postage prepaid, return receipt requested, to the parties at their
addresses or facsimile numbers set forth below or to such other address or facsimile
number as the party to whom notice is to be given may have furnished to the other party in
writing in accordance herewith. Any such communication shall be deemed to have been
given when delivered if delivered personally, the same day as facsimile transmission (or the
first business day thereafter if faxed on a Saturday, Sunday or legal holiday), on the first
business day after dispatch if sent by overnight commercial air courier, or on the fifth
business day after posting if sent by mail, and properly addressed.
If to OPPD: Omaha Public Power District
444 South 16 Street Mall 10E/EP 1
Omaha NE 68102-2247
Attn: Division Manager - Energy Marketing and Trading
Phone: (402)514-1025
Fax: (402)514-1035
If to CITY: City of Grand Island, Nebraska
100 East First Street
Grand Island, Nebraska 68802-1968
Attn: Travis Burdett, Assistant Utilities Director
Phone: (308)385-5466
Fax: (308)385-5449
19. No Partnership. The parties acknowledge and agree that this Agreement does not create
a partnership between, or a joint venture of OPPD and CITY.
20. Regulatory Filing. Each Party to this Agreement shall be responsible for its own
Regulatory Authority filing requirements pertaining to this Agreement.
21. Non-Waiver of Defaults. No waiver by either party of any Default of the other party under
this Agreement shall operate as a waiver of a future Default whether of a like or different
character.
22. Choice of Laws. This Agreement shall be governed by and construed in accordance with
the laws of the State of Nebraska without giving effect to the principles of conflicts of laws.
Any action at law, suit in equity or judicial proceeding initiated by either party arising out of
this Agreement or any Transaction shall be instituted only in the courts of the State of
Nebraska.
23. Binding Effect. The terms and provisions of this Agreement, and the respective rights and
obligations hereunder of each party, shall be binding upon, and inure to the benefit of, its
successors and assigns.
24. Entire Agreement. This Agreement constitutes the entire agreement between the parties
relating to the subject matter hereof and supersedes any other agreements, written or oral,
between the parties concerning such matter.
25. Written Amendments. No modification of the terms and provisions of this Agreement
shall be or become effective except by written amendment executed by the parties.
26. Severability and Renegotiation. Should any provision of this Agreement for any reason
be declared invalid or unenforceable by final nonappealable order of any court or
Regulatory Authority having jurisdiction, such decision shall not affect the validity of the
remaining portions, and the remaining portions shall remain in full force and effect as if this
Agreement had been executed without the invalid portion. In the event any provision of this
Agreement is declared invalid, the parties shall promptly renegotiate to restore this
Agreement as near as possible to its original intent and effect.
27. Survival. Any provision(s) of this Agreement that expressly or by implication comes into or
remains in force following the termination or expiration of this Agreement shall survive the
termination or expiration of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
executed this Agreement this 26 day of January, 2010.
For Omaha Public Power District:
By: _________________________
Title: Division Manager
Energy Marketing and Trading
For City of Grand Island, Nebraska
By: _________________________
Title: Mayor
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-33
WHEREAS, in May of 2009, the Utilities Department began receiving power from the
Omaha Public Power District (OPPD) Nebraska City Unit #2 (NC2); and
WHEREAS, the City of Grand Island is one of multiple participants in this major addition of
base load capacity in the state; and
WHEREAS, the Nebraska City Unit #2 is located inside the OPPD Control Area, and the
Utilities Department has approached OPPD regarding the potential of power sales to the regional electric
grid directly from the NC2 plant from the OPPD Control Area; and
WHEREAS, an agreement has been drafted that would allow Grand Island the option of
using OPPD as a marketer of Grand Island’s NC2 generation share; and
WHEREAS, the agreement defines the terms and conditions for various power transactions
and is OPPD’s standard Power Purchase and Sale Agreement used to conduct business with other utilities;
and
WHEREAS, OPPD also provided a Joint Marketing/Services Agreement that applies
solely to Grand Island’s NC2 generation and specifies each party’s responsibilities in detail; and
WHEREAS, the Power Purchase and Sale Agreement requires each party to designate an
Authorized Representative to act on its behalf with respect to matters included in the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized, on behalf of the
City, to execute the Power Purchase and Sale Agreement and the Joint Marketing/Services Agreement
between the City of Grand Island and Omaha Public Power District, in accordance with the terms and
conditions generally described above, and does authorize the Utilities Director to appoint an Authorized
Representative as required by the Power Purchase and Sale Agreement contract terms and conditions.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2010-34 - Approving Supplemental Agreement Number 2 for Safe
Routes to School Program Funding for the Walk to Walnut Project
Tuesday, January 26, 2010
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: January 26, 2010
Subject: Approving Supplemental Agreement Number 2 for Safe
Routes to School Program Funding for the Walk to
Walnut Project
Item #’s: G-13
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City Council approved the program agreements with the Nebraska Department of
Roads for Safe Routes to School Infrastructure and Non-Infrastructure Program Funding
for the Walk to Walnut Project on August 28, 2007. The agreement provided for
awarding a construction contract by December 31, 2008.
Supplemental Agreement Number 1, which was approved by City Council on December
16, 2008, extended the schedule by specifying a construction contract be awarded by
December 31, 2009.
Discussion
In following with the State’s new federal aid requirements it is necessary to approve
Supplemental Agreement Number 2, which will designate responsibility to the State for
the letting of this project, name the Responsible Charge (RC) for the project and also
extend the construction contract award deadline.
David Goedeken, Manager of Engineering Services, has been certified as an RC for
federal aid projects and will be named as such for this project.
The construction contract award deadline has been extended to November 1, 2010
through this supplemental agreement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council approve Supplemental
Agreement Number 2 for time extension for Safe Routes to School Program Funding for
the Walk to Walnut Project.
Sample Motion
Move to approve Supplemental Agreement Number 2.
Approv ed as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-34
WHEREAS, on August 28, 2007, by Resolution 2007-205, the City Council of the City of
Grand Island approved the Program Agreement with the Nebraska Department of Roads for the Safe
Routes to School Infrastructure and Non-Infrastructure Program funding for the Walk to Walnut Project;
and
WHEREAS, on December 16, 2008, by Resolution 2008-351 the City Council approved
Supplemental Agreement Number 1 with the Nebraska Department of Roads for the Safe Routes to School
Program funding for the Walk to Walnut Project; and
WHEREAS, the completion of such project has been delayed due to environmental
reviews; and
WHEREAS, it will be the responsibility of the Nebraska Department of Roads to let the
project; and
WHEREAS, the Responsible Charge (RC) for the Walk to Walnut project will be David
Goedeken, Manager of Engineering Services; and
WHEREAS, the construction contract award deadline is being extended to November 1,
2010; and
WHEREAS, it is necessary to enter into Supplemental Agreement Number 2 with the
Nebraska Department of Roads; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Supplemental Agreement Number 2 with the
Nebraska Department of Roads for the Safe Routes to School Program funding for the Walk to Walnut
Project 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, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2010-35 - Approving Change Order #2, #4, and #5 for Grand
Generation Center Kitchen Addition and Renovation
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig Lewis, Building Inspection Director
Meeting: January 26, 2010
Subject: Grand Generation Center Kitchen Addition &
Renovation Change Order 2, 4, 5
Item #’s: G-14
Presenter(s): Craig Lewis, Building Inspection Director
Background
On July 14, 2009 City Council Approved a $195,100 bid award to Chief Consturction
Company. It was noted the City of Grand Island will provide $140,000 and the Grand
Generation Center will fund the remainder of the project cost. The Grand Generation
Center gave the City $40,000 toward this project July 31, 2009.
City Staff is overseeing and administering the project management with guidance from
the Grand Generation Center Board.
The proposed change orders #2, #4, & #5 have been forwarded to the Grand Generation
Center Board and we have received their recommendation requesting the City approve
the change orders as received from the general contractor.
Discussion
Change Order #2
Add for materials, labor, and equipment rquired to fur out sheetrock, finish, and paint the
wall behind the hand sink in Kitchen #136 and around the roof drain in the Kitchen #136.
replace the sheetrock, finish, and paint wall in office #139 due to poor exisitng sheetrock
and wall paper. This change order is for $858.00
Change Order #4
Add for supplying and install a new door closer on both the leafs of the kitchen exit
double doors #136. This change order is for $590.00
Change Order #5
Add for relocating the cooler/freezer condensing units to the roof in lieu of the designated
area as shown on the plans. Price is for materials, labor, & equipment for additional roof
structure support and pitch pockets for electrical & line-set roof penetrations. This change
order is for $466.00.
The change order cost will increase the total cost of the contract in the amount of
$1,914.00, however it is anticipated the allowance provided in the contract for foundation
modifications not needed will off set the amount of increase from these change orders.
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 Grand Generation Center
Kitchen Addition & Renovation Change Order #2, 4 & 5
Sample Motion
Move to approve the Grand Generation Center Kitchen Renovation and Remodel Change
Order #2, 4 & 5.
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-35
WHEREAS, on July 14, 2009 by Resolution 2009-171, the City of Grand Island awarded
the bid for the Grand Generation Center kitchen addition and renovation at 304 East Third Street to Chief
Construction Company of Grand Island, Nebraska; and
WHEREAS, Chief Construction Company is recommending the work as described in
Change Orders No. 2, 4, & 5; and
WHEREAS, the Grand Generation board has approved the work described in Change
Orders No. 2, 4 & 5; and
WHEREAS, the original bid of $195,100 did not include the work described in Change
Orders No. 2, 4 & 5; and
WHEREAS, the City of Grand Island will provide only $140,000 for the Kitchen Addition
and Renovation; and
WHEREAS, the Grand Generation Center will provide the remaining construction cost for
the Kitchen Addition and Renovation; and
Whereas, Change Orders No. 2, 4 & 5 increase the contracted price by $1,914.00.
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 2, 4, 5 between the City Of Grand Island and Chief Construction
company of Grand Island, Nebraska
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2010-36 - Approving Waiver/Fine Schedule Revisions
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale Shotkoski, City Attorney
Meeting: January 26, 2010
Subject: Approving Waiver/Fine Schedule Revisions
Item #’s: G-15
Presenter(s): Dale Shotkoski, City Attorney
Background
The Court Administrator for the State of Nebraska periodically updates the fines that are assessed by
waiver for traffic and non-traffic violations processed throughout the County Court system. The City
has also amended part of the City Code and added new offenses such as the smoking ban.
Discussion
The schedule of fines for Grand Island code violations has not been updated since 2006. The
proposed resolution updating the City waiver schedule will reconcile fines for City Code violations
processed through the County Court System to make them more consistent with the State of
Nebraska waiver schedules; correct changes in Section numbers; and add waiver fines for new code
provisions.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1. Approve the revisions to the Waiver/Fine Schedule
2. Postpone these revisions until a future meeting.
3. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the revisions to the Waiver/Fine
Schedule.
Sample Motion
Move to approve the resolution revising the City of Grand Island's Waiver/Fine Schedule.
CITY CODE VIOLATIONS - WAIVER SCHEDULE
Effective 3-1-2010
1-8 Failure to Appear.........................................................................................50.00
4-18 Drinking in Public .....................................................................................50.00100.00
4-19 Alcohol in Park ........................................................................................50.00100.00
5-7 Failure to Obtain Commercial Animal Establishment Permit ...........................25.00
5-12 No Animal License.......................................................................................15.00
5-14 No Pet Shelter .............................................................................................25.00
5-17 Failure to Register Animal Enclosure.............................................................25.00
5-22 Cruelty to Animals......................................................................................100.00
5-30 No Vaccination............................................................................................15.00
5-34 Dog/Cat at Large .........................................................................................15.00
5-37 DangerousVicious Animal Off Owner's Property.........................................100.00
5-38 Barking Dog Violation..................................................................................25.00
6-3 No Bicycle Registration................................................................................25.00
6-13 Bicycle Light & Brakes ................................................................................10.00
6-15 Riding Bicycle Wrong Side...........................................................................10.00
8-2215 Failure to Obtain Permit ...............................................................................25.00
8-135 Failure to Obtain Permit ...............................................................................25.00
8-71 Illegal Occupancy of Building........................................................................25.00
8-13080 Building Code Violation ...............................................................................25.00
16-4 Unlawful Transportation of Dangerous Material.............................................25.00
16-6 Tampering with Fire Alarm System...............................................................50.00
16-7 Unlawful Duplication of Fire Alarm System Key............................................25.00
16-8 False Fire Alarm ..........................................................................................50.00
16-9 Unlawful Storage of Combustible Material....................................................25.00
16-10 Improper Disposal of Combustible Material..................................................25.00
16-11 Open Burning Violation..............................................................................100.00
16-12 Unauthorized Use of Fireworks ....................................................................25.00
16-13 No Permit to Sell Fireworks.........................................................................25.00
16-14 Improper Location for Sale of Fireworks......................................................25.00
16-15 Unlawful Sale of Fireworks ..........................................................................50.00
16-16 Improper Fireworks Stand ...........................................................................25.00
16-17 Sale of Fireworks by Underage Individual.....................................................50.00
16-18 Discharge of Fireworks Where Sold Prohibited ............................................25.00
16-19 Throwing Explosives Prohibited....................................................................25.00
16-21 Sky Rockets Prohibited................................................................................25.00
16-22 Discharge of Fireworks ................................................................................50.00
17-3 Accumulation of Litter ..................................................................................50.00
17-148 No Garbage Receptacle ...............................................................................25.00
17-15 No Garbage Receptacle Non-residential.......................................................25.00
17-3325 Violation of Garbage Collection Time ...........................................................25.00
17-450 Automobile parts at landfillJunked Vehicles...................................................50.00
17-57 Inoperable/Unlicensed Vehicle………………………………………… 50.00
20-1 Disturbing the Peace - Noise ........................................................................35.00
20-1 Disturbing the Peace - Fighting .....................................................................75.00
20-2 Trespassing..................................................................................................50.00
20-3 Littering .......................................................................................................50.00
20-4 Shoplifting - Juvenile only ..............................................……….200.00To be Notified
20-5 Tampering with Meter .................................................................................25.00
20-6 Theft of Services ..........................................................................................50.00
20-7 Public Urination............................................................................................25.00
20-8 Discharge Gun/BB Gun, etc..........................................................................50.00
20-9 Juvenile Curfew............................................................................................10.00
20-10 No Horses on City Streets ...........................................................................25.00
20-11 Obstruction of Public Right-of-Way..............................................................25.00
20-12 Obstruction of Public Easement ....................................................................25.00
20-16 Skateboards Prohibited................................................................................25.00
20-20 Minor in Possession of Tobacco...................................................25.00To be Notified
22-13 No Valid Registration...................................................................................25.00
22-14 No Plates.....................................................................................................50.00
22-14 Fictitious Plates ............................................................................................50.00
22-16 No Operator's License.................................................................................75.00
22-16 No Motorcycle License................................................................................75.00
22-17 No License on Person..................................................................................25.00
22-19 Vehicle not equipped withImproper Use of Horn ..........................................25.00
22-20 No Red Tail Lights after Dark ......................................................................10.00
22-21 Vehicle Head Lights .....................................................................................10.00
22-23 Failure to Dim ..............................................................................................10.00
22-24 Defective Brakes..........................................................................................50.00
22-25 Rearview Mirror, etc....................................................................................25.00
22-28 Traffic Sign/Signal ........................................................................................75.00
22-28 Wrong Way on a One Way........................................................................250.00
22-30 Defacing Traffic Signs or Signals ...................................................................25.00
22-31 Leaving Scene of Personal Injury Accident .................................................150.00
22-32 Leaving Scene of Property Damage Accident .............................................100.00
22-33 ROW Intersections ......................................................................................25.00
22-34 Fail to Yield - Left Turn................................................................................25.00
22-35 Failure to Yield - ROW Private Road/Drive..................................................25.00
22-36 ROW Curb..................................................................................................25.00
22-37 Stop Sign Violation/Failure to Yield ..............................................................75.00
22-38 Failure to Yield - Yield Sign .........................................................................25.00
22-39 Failure to Yield - Emergency Vehicle ..........................................................100.00
22-43 Illegal U-Turn...............................................................................................25.00
22-44 Improper Left Turn ......................................................................................25.00
22-45 Unlawful Turning or Stopping .......................................................................20.00
22-46 Left of Center ..............................................................................................25.00
22-47 Improper Pass .............................................................................................25.00
22-48 Improper Passing on Right............................................................................25.00
22-50 Unlawful Passing on Left ..............................................................................25.00
22-51 Speeding
Too Fast for Conditions ........................................................................100.00
In Excess of Posted Speed......................................................................10.00
1 - 5 mph over........................................................................................10.00
6 - 10 mph over......................................................................................25.00
11 - 15 mph over....................................................................................75.00
16 - 20 mph over..................................................................................125.00
21 - 35+ mph over................................................................................200.00
36+ mph over .......................................................................................300.00
Speeding in Construction Zone (same limits as above) FINES ARE DOUBLE
Speeding in School Zone (same limits as above) FINES ARE DOUBLE
22-52 Racing on Streets .........................................................................................50.00
22-53 Careless Driving.........................................................................................100.00
22-54 Reckless Driving ..........................................................................................75.00
22-55 Willful Reckless Driving..............................................................................100.00
22-56 Failure to Remove Debris from Street.....................................................10050.00
22-57 Following Too Close to Emergency Vehicles ................................................50.00
22-58 Driving over Fire Hose .................................................................................25.00
22-59 Spilling Contents of Vehicle ....................................................................10025.00
22-60 Unlawful Use of Toy Vehicles.......................................................................25.00
22-62 Overloaded Front Seat.................................................................................50.00
22-63 Soliciting Rides.............................................................................................25.00
22-64 Impeding Traffic ...........................................................................................10.00
22-65 Following too Closely...................................................................................50.00
22-66 Unsafe Backing............................................................................................25.00
22-67 Avoiding Traffic Signal .................................................................................25.00
22-69 Riding Outside Vehicle .................................................................................25.00
22-70 Driving on Sidewalk .....................................................................................25.00
22-71 Driving Over Newly-laid Pavement.............................................................100.00
22-82 Improper Use of Loading Zone ....................................................................25.00
22-83 Improper Parking.........................................................................................10.00*
22-85 Unlawful Parking on Sidewalk ......................................................................10.00*
22-87 Obstruction of Private Driveway...................................................................10.00*
22-88 Unlawful Parking near Fire Hydrant ..............................................................10.00*
22-92 Unlawful Truck Parking in Residential District ...............................................25.00*
*Waiverable fine amount if failed to pay initial police tag fine within 5 days
22-131 Handicapped Parking
First Offense .........................................................................................100.00
Second Offense [within a 1-year period]...............................................200.00
Third Offense [within a 1-year period]..................................................300.00
22-104 Parking Ticket......................................................................................10.00 to 25.00
24-3 Driving on Grass in Park.............................................................................100.00
24-5 Park Curfew ................................................................................................10.00
28-1 Railroad Crossing Arms .............................................................................100.00
36-50 Visibility Obstruction....................................................................................25.00
60-6,267 Child Restraint Violation...............................................................................25.00
60-6,279 No Motorcycle Helmet ................................................................................50.00
60-6,270 Seatbelt Violation.........................................................................................25.00
39-4 Smoking in Public Place
First Offense .........................................................................................100.00
Second Offense ....................................................................................200.00
Third Offense........................................................................................300.00
39-5 Allowing Smoking in Public Place
First Offense .........................................................................................100.00
Second Offense ....................................................................................200.00
Third Offense........................................................................................300.00
ALL OTHER VIOLATIONS..............................................................................................25.00
Approved as to Form ¤ ___________
January 21, 2010 ¤ City Attorney
R E S O L U T I O N 2010-36
WHEREAS, the Court Administrator for the State of Nebraska periodically updates the
fines to be assessed by waiver for traffic and non-traffic violations processed through the county court
system; and
WHEREAS, the Waiver/Fine Schedule has been modified to incorporate city code
changes; and
WHEREAS , the Waiver/Fine Schedule attached hereto as Exhibit “A” sets out the fines to
be assessed for various violations of the Grand Island City Code; and
WHEREAS, it is recommended that such Waiver/Fine Schedule be approved and adopted,
and the City Attorney be authorized to file such Waiver/Fine Schedule with the Clerks of the County Court
of Hall and Merrick County for use in prosecuting such violations of the Grand Island City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Waiver/Fine Schedule attached hereto as Exhibit “A” is hereby approved and adopted.
2. The City Attorney is hereby authorized to file such Waiver/Fine Schedule with the Clerks of the
County Court for Hall and Merrick County.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2010-37 - Approving Purchase of (16) New Dell Optiplex 960 FLX
Computers for the Police Department
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: January 26, 2010
Subject: Purchase of Dell Computers
Item #’s: G-16
Presenter(s): Steven Lamken, Police Chief
Background
The police department has scheduled a replacement of a portion of the computer work
stations in the agency based on a five year rotation. For fiscal 2010, there are 16 work
stations scheduled for rotation.
The purchase was placed before council on December 1, 2009 for the purchase under
state contract. Council denied the purchase directing that a bid process be conducted.
City I.T. department had a technician research and prepare suggested specifications for an
advertised bid. The City’s I.T. department discussed the findings presenting an opinion
for the purchase of new Dell computers with specific functions.
Police Department staff prepared documents and mailings for prospective bidders in
addition to discussing and working on the specifics of Police Department computers.
An ad was placed in the Grand Island Independent and four bid packets were mailed
locally to vendors. The City Clerk’s office received calls of inquiry; however, no bids
were received by the due date of January 14, 2010.
This leaves the state contract as the only viable bid for this purchase.
Discussion
Following the bid rejection on December 1, 2009, City I.T. and police department
personnel performed diligent research into the computer purchase project. City I.T.
personnel spent approximately ten hours and police personnel eight hours on the bid
project in addition to the cost of the bid advertisement.
The bid was advertized and four bid packets were mailed to vendors seeking bids for the
specified computers. No bids were received leaving the State contract as the only viable
bid for the purchse.
The replacements are for various stations that include the criminal division, child abuse,
evidence, patrol, victim assistance, administration, and our off site at the Grand Island
Public Schools Administration building.
We have planned and budgeted for this rotation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase.
Sample Motion
Move to approve the purchase of 16 Dell work stations from Dell Computer from State
Bid Contract Number 12551 OC in the amount of $23,178.24.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: January 14, 2010 at 11:00 a.m.
FOR: (16) New Dell Optiplex 960 FLX Computers
DEPARTMENT: Police
ESTIMATE: $23,178.24
FUND/ACCOUNT: 10022301-85540
PUBLICATION DATE: January 7, 2010
NO. POTENTIAL BIDDERS: 4
SUMMARY
NO BIDS SUBMITTED
cc: Steve Lamken, Police Chief Pete Kortum, Police Captain
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator
P1390
Approved as to Form ¤ ___________
January 22, 2010 ¤ City Attorney
R E S O L U T I O N 2010-37
WHEREAS, The Police Department planned a computer replacement and rotation within
the fiscal 2010 budget and
WHEREAS, the Police Department advertised for bids for the purchase of computers and
WHEREAS, no bids were received and
WHEREAS, there exists a State bid Contract Number 12551 OC for Dell computers and
WHEREAS, the total cost of replacement off of this state bid is $23,178.24 and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, authorization for the purchase of 16 Dell work stations
for the Police Department in the amount of $23,178.24
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item H1
Approving Referral of the One & Six Year Street Improvement
Plan to the Regional Planning Commission
Tuesday, January 26, 2010
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: January 26, 2010
Subject: Approving Referral of the One & Six Year Street
Improvement Plan to the Regional Planning Commission
Item #’s: H-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
Attached is staff's recommended One and Six Year Street Improvement Plan. Adoption
of a One and Six Year Street Improvement Plan is required by State law as part of the
requirements to receive approximately three million dollars of gas tax funds each year.
The attached proposed One and Six Year Street Improvement Plan will be reviewed by
the Regional Planning Commission and come back to the City Council for discussion,
modification, and adoption in February. Administration recommends that the draft be
referred to the Regional Planning Commission.
Our recommendation for the review of the proposed plan is as follows:
· Tuesday, January 26, 2010 - City Council refers the plan to the Regional Planning
Commission
· Wednesday, February 3, 2010 – Regional Planning Commission conducts a
Public Hearing and forwards a recommendation to the City Council
· Tuesday, February 9, 2010 – City Council hears a presentation from staff,
conducts a Public Hearing, and passes a Resolution adopting the plan
· Prepare and submit the report to the Nebraska Department of Roads by March 1,
2010
The proposed One & Six Year SIP is being presented to council for referral to the
Regional Planning Commission based on a 400 Capital Improvement Plan ranking
system that was presented at the 2009 city council retreat. The ranking system was
updated by a city staff team consisting of the following individuals:
· City Engineering/Public Works Director – Steve Riehle
· Manager of Engineering Services – Dave Goedeken
· Civil Engineering Manager – Ron Underwood
· Parks Department Director – Steve Paustian
· Regional Planning Director – Chad Nabity
The One & Six Year Street Improvement Plan (SIP) typically starts with year one (1) for
the current construction year, closely matching the projects in the current fiscal year’s
budget. The projects in year 1 of the plan are considered “certain”, with projects in years
2 through 5 being listed for planning purposes and subject to approval by council during
the budget process. Future projects for years 2 through 5 and after were scheduled based
on council and public input.
Discussion
A few of the 2010 projects that should be discussed include:
Infrastructure Contingency Funds (Emergency)
City Staff believes it is good fiscal management to include funds for emergencies.
Resurfacing US Highway 34/281 from north of I-80 to UPRR/Old Highway 30 Overpass
Construction projects on the state highway system within the city limits are typically 80%
NDOR and 20% city cost. The City is a participant in a stimulus project to make
improvements to US Hwy 34/US Hwy 281 from just north of I-80 to Capital Avenue.
1. The northbound lanes will be resurfaced from north of I-80 to Stolley Park Road.
2. Patching will be done on the southbound lanes from Capital down to Stolley Park
Road (some was done in 2009)
3. Complete removal and replacement of the 2 northbound lanes from Old Potash
Hwy to Capital Ave with new concrete. The stimulus project is to be 100%
stimulus funds.
4. Adding northbound right turn lanes at Faidley, 13th and State. The City’s Capital
Ave widening project already built a northbound right turn lane on US Hwy 281
at Capital Avenue.
5. Lengthening the northbound left turn lanes at Old Potash, Faidley, 13th and State
Street. The City’s Capital Ave widening project already lengthened the
northbound left turn lane on US Hwy 281 at Capital Ave.
The NDOR is not using stimulus funds for their 80% share of construction engineering,
so we will be signing a supplement to the project agreement to use the City’s Federal Aid
Transportation Funds for our 20% share of construction engineering.
South Locust Street to I-80
The plans, specifications and estimate (PS&E) package for the project was delivered to
the NDOR on Friday, September 25, 2009. The environmental work on the project began
in May 2009 with final environmental clearance received on December 23, 2009.
The NDOR has called with a few questions on the PS&E package. Manager of
Engineering Services, Dave Goedeken, is keeping track of the requests. We anticipate
receiving a summary of comments from the NDOR in February and anticipate less than 1
week of AutoCad and engineering time for Public Works Engineering staff to update the
PS&E package. The NDOR will submit the updated PS&E package to the Federal
Highway Administration (FHWA) for approval and obligation of funds. The funds have
to be obligated before March 1, 2010. The City has requested a completion date for the
work that is before the 2010 State Fair, but the final schedule is set by the NDOR and is
highly dependent on when the project can be scheduled for bid opening and
environmental restrictions that are being placed on the project because of its proximity to
the Platte River.
South Locust Street to I-80 – Preliminary Engineering
The City performed the civil engineering design work for this project in-house saving
almost $187,000 in consultant fees. Funds were left in the 2010 budget in case
environmental work or preliminary engineering work is needed.
Build Pipes from US Highway 30 to Wasmer Cell
The PS&E package for the project was completed by Kirkham Michael consulting
engineers. The NDOR is busy working on Transportation Enhancement & local ARRA
stimulus projects for communities across Nebraska and has asked us not to submit the
package until April 2010.
Build Drainway from Central Community College to Wood River
The 1978 drainage plan, prepared by McGaughy, Marshall and McMillan, designated a
drainage outlet to the Wood River to serve the southwest portion of the City. In 1983,
when Stolley Park Road was paved, a temporary connection was made to drain the
Brentwood area and some surrounding land. With the large amount of precipitation in
recent years, the Stolley Park system has been badly overloaded.
Currently Olsson Associates are working on a design to complete the connection to the
Wood River in a similar manner as was designated by the 1978 plan. Construction of this
outlet will serve to reduce the dependence on the Stolley Park drain and provide a more
positive drainage alignment for the Brentwood area.
Quiet Zone – UPRR Corridor – Oak, Pine, Elm & Walnut
Felsburg, Holt & Ullevig (FHU) was asked to update the plans to narrow the street
crossings by Amendment #1, which was approved by the city council on October 13,
2009. The revised plans were sent to the Union Pacific Railroad (UPRR) on January 13,
2010. The transmittal letter asked the UPRR to approve the plans and return an
agreement to the City for construction and maintenance of the wayside horn system.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council refer the One and Six Year Street
Improvement Plan to the Regional Planning Commission.
Sample Motion
Move to approve referral of the One and Six Year Street Improvement Plan.
1/26/2010
2010 Construction (Year 1)City Cost
Locust to I-80 - Grading and Paving of northbound lanes (100% ARRA with Engineering performed in-house)$126,000
Resurfacing US Hwy 34/281 from north of I-80 to UPRR/Old Hwy 30 Overpass $22,000
Construction of NW GI Flood Control Project $725,000
Realign Walnut Ent. @ Custer/15th w/ Signal $100,540
Build Pipes from US Hwy 30 to Wasmer Cell $220,000
Build Drainway from CCC to Wood River $382,500
Capital Ave - Moores Creek Drainway to Webb Road $150,000
Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut $150,000
Stolley - Asphalt Widening - Santa Anita Circle to Fair Parking Lot $200,000
Signal @ Front and Webb $106,000
PVIP Drainage Project - Phase 1 $127,000
Integrated/Comprehensive Drainage Plan $115,000
Trail along Moores Creek Drain - State to Capital Connector $107,970
Moores Creek Drain - Rogers Well to South of Old Potash $250,000
Annual Sidewalk Projects $25,000
TOTAL $2,807,010
2011 Construction (Year 2)
Construction of NW GI Flood Control Project $400,000
Locust Trail - Superstructure over 2 Platte River Bridges $92,030
Concrete Lining of Drainage Ditches $50,000
Annual Sidewalk Projects $25,000
Annual Paving Program (Assessment Districts)$750,000
TOTAL $1,317,030
2012 Construction (Year 3)
Construction of NW GI Flood Control Project $400,000
Quiet Zone - UPRR Corridor - Lincoln, Broadwell & Blaine/Custer $150,000
Broadwell Ave/ UPRR - Environmental Study/Preliminary Engineering $128,000
Independence Ave Ditch - Design $80,000
Blaine Bridges over WR - Design and ROW $45,000
Trail along Veteran's Home from Capital & Webb to Eagle Scout Park $120,000
Round-A-Bout @ Capital Ave & North Rd $360,000
Faidley Ave - North Rd east to Irongate Ave (approx 2,000') $112,500
Update Moores Creek Drainage Plan $39,000
Blaine Bridge Replacement with culverts $50,000
Broadwell Ave/UPRR- Final Design & ROW Appraisal $128,000
Signal @ US Hwy 30 (2nd Street) and Lincoln Ave $55,000
Broadwell Ave/UPRR - ROW $200,000
Concrete Lining of Drainage Ditches $50,000
PVIP Drainage Project - Phase 2 $99,750
Independence - Construct Culverts & Fill in West Ditch $70,000
Annual Sidewalk Projects $25,000
Annual Paving Program (Assessment Districts)$750,000
TOTAL $2,862,250
2013 Construction (Year 4)
Construction of NW GI Flood Control Project $400,000
Trail along Locust from I-80 to WR Floodway $120,000
Concrete Lining of Drainage Ditches $50,000
US 30 Widening - West City Limits to HWY 281 $1,890,000
Annual Sidewalk Projects $25,000
Annual Paving Program (Assessment Districts)$750,000
TOTAL $3,235,000
2014 Construction (Year 5)
Construction of NW GI Flood Control Project $400,000
Concrete Lining of Drainage Ditches $50,000
Trail along I-80 from Mormon Island to Locust $120,000
Annual Sidewalk Projects $25,000
Husker Hwy (US Hwy 34) from US Hwy 281 to Locust Street $1,336,000
Lighting on US Hwy 281 from Stolley Park to Old Potash $250,000
Signal @ US HWY 34/281 and Wildwood Road $85,000
Annual Paving Program (Assessment Districts)$750,000
TOTAL $3,016,000
2015 & After Construction (Year 6 & After)
Trail - Along Locust from US Hwy 34 to Stagecoach $120,000
Broadwell Ave/UPRR - Construction $2,160,000
Concrete Lining of Drainage Ditches $50,000
Annual Sidewalk Projects $25,000
Stolley - Locust to Fonner / HEC / Fair Entrance $1,200,000
Stolley - Fonner / HEC / Fair Entrance to Stuhr Road $920,000
Husker Hwy West of US HWY 34/281 Intersection $1,200,000
Signal @ US HWY 34/281 and Rae Road $67,000
Miscellaneous Safety Projects - TBD $150,000
North Road over UPRR $1,520,000
Stolley Park Rd & North Rd Intersection $146,000
Left Turn lane on 13th @ Redwood/Mansfield $62,000
State/Diers Intersection Improvements $390,000
Left Turn Lane on Husker Hwy @ HLHS $62,000
Shady Bend Road @ UPRR - East Bypass $3,200,000
Left Turn Lane - North Road at NWHS $56,000
Misc Signals (TBD)$112,000
Annual Paving Program (Assessment Districts)$750,000
North Road & 13th St $300,000
Realign Barr Ent. @ Stolley/Adams w/ Signal $360,000
Misc. Major Drainage Development $250,000
Swift Road - WWTP to Stuhr Road $450,000
Capital Ave - Webb Road to Broadwell Ave $1,200,000
Resurface Wildwood from US Hwy 281 to Locust St $876,000
Moores Creek - Old Potash to Edna $150,000
3rd St. Widening - Adams to Eddy $90,000
Capital Ave - Broadwell Ave to St. Paul Road $1,000,000
Proposed 1 & 6 Year Street Improvement Plan
TOTAL $16,866,000
Item J1
Approving Payment of Claims for the Period of January 13, 2010
through January 26, 2010
The Claims for the period of January 13, 2010 through January 26, 2010 for a total amount
of $2,750,417.75. A MOTION is in order.
Tuesday, January 26, 2010
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 January 13, 2010
through January 26, 2010 for the Veterans Athletic Field Complex
The Claims for the Veterans Athletic Field Complex for the period of January 13, 2010
through January 26, 2010 for the following requisitions.
#11 $29,576.14
#12 $72,008.49
Total: $101,584.63
A MOTION is in order.
Tuesday, January 26, 2010
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 December 16, 2009
through January 26, 2010 for the State Fair Recreation Building
The Claims for the Period of December 16, 2009 through January 26, 2010 for the State
Fair Recreational Building for the following requisitions:
#10 $30,436.21
A MOTION is in order.
Tuesday, January 26, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council