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10-25-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 25, 2011 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Father Chuck Peek, St. Stephen's Episcopal Church, 422 West 2nd Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Grand Island Senior High Girls Golf Team for Class "A" State Championship The Mayor and City Council will recognize the Grand Island Senior High Girls Golf Team and their Coach Kelli Jeffries for the Class "A" State Golf Championship held on October 10-11, 2011 at Norfolk, Nebraska. Congratulations Lady Islander's for a job well done. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Proclamation "National Adoption Month" November, 2011 There are an estimated 107,000 children in the United States in the foster care system, some of which live in Grand Island. By December 2011, twenty-five children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Vavricek has proclaimed the month of November, 2011 as "National Adoption Month" and would encourage citizens to help secure permanent, loving homes for each and every child in Grand Island, See attached PROCLAMATION. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Recognition of Tim Luchsinger, Utilities Director for 25 Years of Service with the City of Grand Island The Mayor and City Council will recognize Utilities Director Tim Luchsinger for 25 years of service with the City of Grand Island. Mr. Luchsinger was hired on October 27, 1986 as a Mechanical Engineer, was promoted to Assistant Utilities Director on April 4, 1992 and to his current position of Utilities Director on April 25, 2011. We congratulate and thank Mr. Luchsinger for his dedication and service to the City of Grand Island. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: October 25, 2011 Subject: Public Hearing on Request from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License Item #’s: E-1 & I-1 Presente r(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street has submitted an application for a Class “CK” Liquor License. A Class “CK” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city, along with a catering designation. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a Liquor Manager Designation for Zachary Zoul, 3333 Ramada Road. Mr. Zoul has completed the state approved alcohol server/seller training program and has submitted his certificate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License contingent upon final inspections and Liquor Manager Designation for Zachary Zoul, 3333 Ramada Road. 10/20/11 Grand Island Police Department 450 15:08 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:30:00 10/10/2011 Date disposition declared : 10/12/2011 Incident number : L11101465 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1201 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 15026 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 54537 10/17/11 Willmans Bottle Market, Business NM 159499 10/17/11 Zoul, Zachary Z Applicant LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT17 Liquor Store LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application For Wilman's Bottle Shop and a Copy of a Liquor Manager Designation from Zachary Zoul. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 10/20/11 Grand Island Police Department 450 15:08 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 15:11:32 10/17/2011 10/20/11 Grand Island Police Department 450 15:08 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Oct 17 15:11:46 CDT 2011 Reporting Officer: Vitera Unit- CID Zoul Hospitality, doing business as Willman's Bottle Shop is applying for a Class "CK" LLC license. The "C" is for beer, wine, and distilled spirits on and off sale. The "K" is for a Catering license. On the application next to the definition of a Class C license is a handwritten note that says "tastings." Since Willman's is currently a "package" store (off sale), I would assume at this point that the "tastings" is the reason for applying for the Class C which includes the on sale portion of the business in the license. Zachary Zoul is the only person listed on the application. He also filled out a manager application as well. Zachary is not married, and he has lived in Florida, South Carolina, Minnesota, and Nebraska over the last 16 years. He stated on his application that he has been convicted of "several" speeding charges and one "rolling stop." Zachary also said that he holds a manager license for two establishments in Ogallala. There are no outstanding warrants for Zachary, and he has a valid Nebraska driver's license. I checked Zachary through Spillman and didn't really find anything other than a traffic contact. I also checked Zachary through NCJIS and found four speeding convictions, one stop sign conviction, and one improper passing conviction. He has no criminal convictions in Nebraska, but it is unknown what will turn up in Minnesota and Florida as I can't run a criminal history on license checks. I Googled Zachary and found lots of information describing his tumultuous tenures as city administrator in Grand Island, St. Peter, MN, and Fernandina, FL. Controversy seemed to follow Zachary when he worked in the public sector. I found Zachary's facebook page and didn't see anything offensive on it. On 10/19/11, Zachary came to the LEC for an interview. He advised that he moved back to Grand Island for personal reasons. He confirmed that he applied for the Class C license so he can have wine tasting at the store. He also said that he currently has no specific plans for the catering license but likes the option of having that license. He speculated that it could be used someday in conjunction with his affiliation to the Howard Johnson motel. We talked about some of the information I found on the Internet about him. He advised that the average tenure of a city administrator is about 2.5 years. He also stated that controversy will most likely surround every city administrator because of their unique position between the mayor and city council. Zachary said that he was never convicted of any of the criminal charges that were brought up against him as a city administrator. He also asserted that for every negative article that can be found about him on the Internet, many more positive ones can also be located. Zachary said most of his troubles in city government occurred when he wouldn't succumb to special interest groups or political pressure. He advised that he always tried to do the right thing. He pointed out that since he has gotten out of working in city government and started working in the private sector, he hasn't had the bad press that he used to get. 10/20/11 Grand Island Police Department 450 15:08 LAW INCIDENT TABLE Page: 4 All in all, the Grand Island Police Department has no objection to Zoul Hospitality receiving a liquor license for Willman's Bottle Shop or to Zachary Zoul being the liquor manager. Item E2 Public Hearing on Request from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: October 25, 2011 Subject: Public Hearing on Request from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. After a background check by the Grand Island Police Department (see attached) it is recommended that the City Council deny this application based on Horacio Rodriguez, spouse of Simara Rodriguez undisclosed convictions and not a United States citizen. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License based on the Police Department recommendation. 10/20/11 Grand Island Police Department 458 17:34 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:30:00 10/10/2011 Date disposition declared : 10/12/2011 Incident number : L11101464 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 413 4th St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 18196 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 67168 10/17/11 Rodriguez, Horacio Simara's Spouse NM 79558 10/17/11 Rodriguez, Simara Y Owner NM 158489 10/17/11 El Trancaso Bar, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application from Simara Rodriguez for El Trancazo Bar. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 10/20/11 Grand Island Police Department 458 17:34 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:02:54 10/17/2011 10/20/11 Grand Island Police Department 458 17:34 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Oct 17 10:03:08 CDT 2011 Reporting Officer: Vitera Unit- CID While reviewing the license, I noted that Simara Rodriguez is applying for an Individual Class I license which means she is asking to sell beer, wine, and distilled spirits on sale only. According to the application, Simara has never been convicted of any charge, she is filing for a temporary operating permit (TOP) and she is not borrowing any money from any source to establish or operate the business. Simara also listed that she and her spouse (Horacio Rodriguez) have lived in Grand Island for the last ten years. Horacio signed a Spousal Affidavit of Non-Participation. I did some background checks on Simara and Horacio. Neither one of them have any outstanding warrants, and they each have a valid Nebraska driver's license. I also checked them through Spillman and NCJIS. According to Spillman, Horacio has a speeding conviction and possibly a DDS conviction. He has a jail photo in Spillman for being arrested on a warrant for failing to pay on a DDS conviction. I confirmed through NCJIS that Horacio has a speeding conviction in Garfield County in 2007 and a DDS Conviction in Hall County in 2003. I did not find any potential convictions for Simara in Spillman or NCJIS. While continuing to look through the application, I noticed that Simara bought the business and the inventory from Myriam Alvarez on 5/20/11. El Trancaso has continued to operate and sell alcohol. On 6/17/11, a Grand Island Police Officer issued a citation to a bartender in El Trancaso for serving an intoxicated person. The officer observed the male stumble into the bar. The officer entered the bar and saw that the male had a cold bottle of Bud Light in front of him. The bartender said that the male always comes into the bar in a drunken state but only has one beer. The male tested a .208 on a PBT. Simara's application shows that she filed for a TOP, but she was denied. It appears that she has been selling alcohol without a license since 5/20/11. The prior owner should have relinquished her license at the time she sold the bar. I Googled Simara and was unable to pinpoint a facebook page for her. Her name did pop up in the Grand Island Independent as being a volunteer for the State softball tournament last summer. I also found information that indicates that she is or used to be a para-educator for GIPS. I searched her through Entersect (paid police database that includes civil information) and didn't find anything of interest. I did the same searches on Horacio and found that there are too many Horacio Rodriguez's to figure out which one he is. When I searched Entersect, it appears that it's very possible that Horacio had some financial trouble in California. I also checked with ICE on Simara and Horacio and was told that Horacio is a lawful permanent resident alien from Mexico. Nothing was found on Simara that would indicate she is not a U.S. citizen. I tried to set up an interview with Simara and NSP Investigator Lorri Rogers at the same time. I was unable to make the interview. Investigator Rogers typed a report on the interview and forwarded it to me. It is attached to this report. All in all, this license could be denied because Horacio had undisclosed convictions (technically false application), and he is a resident of the United States as opposed to being a citizen. The liquor laws say that if the spouse of the applicant can't qualify for a license, then the applicant can't qualify for a license (53-125). However, if it can be proven to the NLCC that the ineligible spouse will have nothing to do with the business and the applicant can conform to all the provisions of the liquor act, an exception can be made. The license could also be denied based on the citation issued by GIPD in June. The citation was issued one month after Simara bought the bar and the liquor inventory. From the date Simara bought the bar, she should have been operating on a TOP or not operating at all. The TOP was denied, yet the bar was obviously being operated at the time the citation was issued. Any way you look at it, Simara owned the bar, she didn't have a license, and a citation was issued under her ownership. I believe Simara is responsible whether she knew anything about it or not. While Investigator Rogers commented that Simara and Horacio are a nice couple, she has concerns about Horacio being listed as a "multi state offender in NCJIS and the number of civil judgments against the Rodriguez's over the last nine years. See her report for more details regarding her interview with Simara. The Grand Island Police Department recommends that the Council does not give local approval to this license. 2 Vitera D 15:24:46 10/20/2011 10/20/11 Grand Island Police Department 458 17:34 LAW INCIDENT TABLE Page: 5 318- NSP Investigator Roger's Report Grand Island Police Department Supplemental Report Date, Time: Thu Oct 20 15:38:20 CDT 2011 Reporting Officer: Vitera Unit- CID Inv. Rogers received a background investigation for Simara and Horacio Rodriguez, DBA El Trancazo Bar, license #I-95851. The bar is located at 413 W 4th Street, Grand Island, NE, and is currently licensed by Myriam Alvarez, license #I-88393. The Rodriguez's applied for a TOP but were denied by the NLCC, due to the sale occurring over 90 days prior to the application submittal. Upon checking at the local level for criminal / civil records, Inv. Rogers located the following: Horacio Rodriguez Driving During Suspension 6/18/2003, Speeding 6/29/2007, operator's license was suspended for failure to comply on 3/13/98, reinstated on 3/13/2003, Suspended again for an accident from 3/26/1998, and reinstated on 6/24/2003. Additionally, Horacio's Nebraska State Patrol Criminal History record located on NCJIS indicates he is a multi state offender. Due to policy, Inv. Rogers is not able to run an out of state criminal history check. The fingerprint records will need to be utilized to determine if there are additional criminal records not located. Inv. Rogers located no criminal records at the local level on Simara Rodriguez. Upon checking for civil records, Inv. Rogers located 10 judgments dating from 2002 to 2011 for both of the Rodriguez's. The majority were for General Collection Bureaus, which were paid off by garnishment of wages. Only one is outstanding from 6/2011 for $1,176.85 that is being paid by garnishment at this time. Inv. Rogers interviewed both Simara and Horacio Rodriguez at their residence. Simara will be the one handling the day to day aspects of the license, including the ordering of alcohol, writing of checks, etc. Horacio has submitted an affidavit of non participation at this time. Simara advised that although she is a citizen of the USA, Horacio is a permanent resident alien. She advised that he is in the process of obtaining citizenship, and they will submit a request to withdraw upon his citizenship. In the mean time, they both understand and agree that Horacio will have nothing to do with the business. Simara works days for the Grand Island Public Schools, and Horacio works at Gibbon Pack. They both intend to keep their day jobs. Simara plans to operate the bar only on weekends, from approximately 1900 to 0100. Simara admittedly has no previous experience in the retail sells and service of alcohol, and has a lot to learn. She plans to take either the TIPS or RBST training as soon as possible to help her. Inv. Rogers asked when she had purchased the bar inventory, and she advised she hasn't yet. Simara advised that although the lease is now in her name, she has not been paying the rent. She advised that Myriam Alvarez, the current licensee, is the one still operating the business until Simara is issued a license. She said that although she has paid the $3,000 for the inventory, Myriam has said she will re-inventory upon closing. Inv. Rogers asked who paid the suspension off from 6/14/2011, and Simara did not know anything about it. When asked who was working when GIPD contacted the bar on 6/17/2011, again she had no idea. Simara stated she has not worked in the bar, and is not operating it now. Simara does not even have a key, and was unable to contact Myriam to obtain entrance into the bar when Inv. Rogers wanted to conduct the interview at the premise. Inv. Rogers asked Simara why the long delay between the purchase of inventory (May 20, 2011), signing of lease (July 25, 2011), and the submission of the application (August 8, 2011.) Simara explained that when Myriam first approached her with the opportunity, she thought it would be an excellent opportunity for she and her family. She had no idea what all was required. Simara said she paid the $3,000, and then they were unable to contact the landlord for some time to obtain the new lease. Simara had to send to Texas for a copy of her birth certificate, and sent off for her passport. During this time, Horacio became very ill, and ended up in the hospital for a week. Simara said this put everything on hold again. She stated that once things settled down, she got everything together and submitted it. She said this was the first time she had ever done anything like this, and didn't know how complicated it was. Simara said she has not hired anyone yet to work, and won't until the license is issued. Inv. Rogers asked Simara who had filled out the application, and she stated she had. When asked why she had not listed the DDS conviction for Horacio, she advised that it had all been a mistake and was dismissed. Inv. Rogers pointed out that one DDS had been dismissed, but another had not. The court records indicated that Horacio had plead guilty, and paid a $50 fine. Horacio advised that he had a no operator's license ticket from California, and a speeding one from South Dakota that he had forgotten all about from 1998. He advised that when he was cited for the DDS that was subsequently dismissed, it all came to light. As soon as he found that he still owed, he attempted to pay the ticket and was told it was no longer on file to pay as it was too old. He contacted DMV and his license was reinstated. In the meantime the other ticket had come through and his license was again suspended which he did not now. When he was cited, he paid the $50 fine, and was reinstated again. Horacio advised he has had no other problems since then. When asked about the civil records, they both advised they were medical bills. Simara stated they have two kids, and both she and Horacio have had surgeries and illnesses that insurance did not cover all the costs. They said they have tried hard to get them all paid off, and are close. Simara advised she had not intentionally left the information of Horacio's conviction off of the application, she had just forgotten about it. Simara said she is a hard worker, and they are trying hard to make things better for their family. Neither drink or smoke, and Simara thinks she can do a good job with running the bar. She stated that when the opportunity came up, she knew she wanted to have a business to help her family. Simara said she can't cook, so she can't run a restaurant. She is looking forward to the opportunity to help her family with the future. She wants to provide more for her kids, and their future education. Simara advised she knows they have owed money, and still owe some, but she feels the bar will help to supplement their income and help with the finances. Simara asked to have the chance. Simara appears to be willing and able to properly provide the services applied for. She appears to conform to the requirements of the rules, regulations, and liquor control act. Horacio has filed an affidavit of non participation, and agrees to have nothing to do with the business at this time. Although the omission of the DDS and speeding makes the application technically false, the convictions do not rise to the level for an automatic disqualification. The concern that Inv. Rogers has, is the multi state offender notation for Horacio, and not knowing at this time what all he has been convicted of. The other concern is the number of civil judgments over the last 9 years. Inv. Rogers feels the determination to issue the license should be made after the criminal history information is returned to the NLCC. The location does comply with statute 53-177, even though there is a church within the 150' distance requirement. The location has been continuously licensed in the last two years, so the distance is not applicable Item E3 Public Hearing on Acquisition of Utility Easement - 232 Wilmar Avenue - Texas Roadhouse Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 25, 2011 Subject: Acquisition of Utility Easement – 232 Wilmar Avenue – Texas Roadhouse Item #’s: E-3 & G-5 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Texas Roadhouse Holdings, LLC, located at the northeast corner of 232 Wilmar Avenue, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit, cable, and a pad-mounted transformer to provide electrical service to the new restaurant. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Request to Rezone Properties Located West of Webb Road, South of Faidley Avenue and North of West North Front Street from LLR – Large Lot Residential to B2 – General Business Zone Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: October 25, 2011 Subject: Request to Rezone Properties Located West of Webb Road, North of West North Front Street and South of Faidley Avenue from Large Lot Residential to B2 – General Business Zone Item #’s: E-4 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning a request to rezone properties located west of Webb Road, north of west North Front Street and south of Faidley Ave. From Large Lot Residential to B2 – General Business Zone, in the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held October 5, 2011 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity briefly explained this was a request to rezone properties located north of Front Street and west of Webb Road from LLR Large Lot Residential to B2 General Business Zone. This would allow for commercial development. Nabity stated the comprehensive plan for Grand Island, the long-term land use plan for the City, calls for that Webb Road area to be developed commercially in the future. There was no further discussion. There was no further discussion. O’Neill closed the Public Hearing. The Planning Director’s recommendation to the Planning Commission is also attached to this recommendation from the Planning Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Eriksen to approve the Rezone from LLR Large Lot Residential to B2 General Business Zone and was seconded by Reynolds. The motion carried with 9 members present and 9 voting in favor (O’Neill, Ruge, Hayes, Reynolds, Eriksen, Haskins, Connelly, Bredthauer and Snodgrass) and no member abstaining. Sample Motion Move to approve the rezone request for property proposed for platting as Olson Subdivision. Item E5 Public Hearing on Annexation for Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Annexation Area 3a) Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: October 25, 2011 Subject: Annexation Areas Identified as 3a, 6, 7, 12, 13, and 14 Item #’s: E-5, E-6, E-7, E-8, E-9, and E-10 F-3, F-4, F-5, F-6, F-7, and F-8 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background At the March 22, 2011 meeting of the Grand Island City Council a resolution was passed that directed the planning department and other city staff as follows: · to proceed with preparing annexation plans (as required and defined by statute), · to notify property owners and school districts as required by law, and · to forward the annexation plans to the Regional Planning Commission for review The annexation plans for 6 of the 8 eight identified areas are complete and were considered by the Regional Planning Commission after a public hearing at their meeting held July 6, 2011. The attached map identifies those areas under consideration at this meeting. Annexation plans are attached for areas identified as 3a, 6, 7, 12, 13, and 14. On October 11, 2011 The Grand Island City Council passed a resolution of intent to annex these areas, approving the annexation plans as presented and setting public hearings regarding annexation of these areas for October 25, 2011. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the process approved by Council on March 22nd, 2011 annexation plans have been prepared by staff and referred to the Regional Planning Commission for recommendation. The Planning Commission has made their recommendation and Council has passed a resolution of intent to annex these areas. The next step is for Council to hold the public hearings and consider approval of the ordinances to annex the property. Annexation ordinances must be read on three separate occasions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Ordinances on First Reading 2. Choose not to approve the Ordinances. 3. Modify the ordinance to change the areas under consideration for annexation. 4. Postpone the issue Recommendation That Council approve the ordinances for annexation of Areas 3a, 6, 7, 12, 13, and 14 as presented. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation of Areas 3a, 6, 7, 12, 13, and 14. From the July 6th 2011 Planning Commission Minutes 4. Public Hearing – Concerning annexation of properties identified as: Annexation Area 3a south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. Eagle Scout Park and the Veterans Field Complex are in this area. Annexation Area 6 located north of Bismark Road to the east side of Stuhr Road. Annexation Area 7 located north of U.S. Highway 34 on the east side of South Locust Street. Annexation Area 12 located north of Husker Highway to the west side of U.S. Highway 281 and Prairieview Street. Annexation Area 13 located south of Old Potash Highway on the west side of North Road. Annexation Area 14 located south of 13th Street on the east and west sides of North Road and north of Faidley Avenue (C-05-2011GI). O’Neill opened the Public Hearing. Nabity briefly talked about the process of annexation; he explained City Council had charged Regional Planning to look at eligible areas for Annexation. City Council had selected eight areas and six of those plans were brought forward to Regional Planning. The remaining two may be brought forward for the August meeting. Annexation Area 3a - U.S. Highway 281 and Broadwell Ave This property is the located in the north central part of the community. It is south of Airport Road/U.S. Highway 281 the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 210 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eagle Scout Park and the Veterans Field Complex are in this area and maintained by the City Parks Department. Annexation Area 6 - Bismark Road and Stuhr Road This property is the located in the southeast part of the community. It is mostly north of Bismark Road the east side of Stuhr Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 50 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Nabity stated he had received a call from Tom Pirnie who owns the majority of the land is this area and he was in support of the annexation. Annexation Area 7 - U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 on the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. Nabity stated one homeowner Heidi Aken and she was in favor of this annexation. Janel Laub, 380 E. Highway 34, said she and her husband bought land there in 1996 to farm next to his parents. If the land were annexed into city limits, their children would no longer be eligible for school driving permits, could not have more numerous flocks of ducklings and they would be subject to higher taxes on farm equipment they purchase. Their land would also eventually cease to be part of the Northwest School District, which has a more rural focus. Two of their children want to be farmers, and a third wants to be a veterinarian, Laub said. If their land were to be annexed, "our whole way of life changes," she told the commission. Evie Laub, 450 E Hwy 34, said the annexation would also separate the farm homestead from the farm ground, which runs to the east to Stuhr Road. Commissioner John Amick of Doniphan concurred. He moved to annex just the western half of the proposed area, which includes the former ball fields and the Heidi Aken house that fronts onto Highway 34. Aken had previously spoken in favor of annexation. Amick said water and sewer is available to the western portion of Area 7, (Aken property) but not to the Laub farmsteads on the east. The entire 65 acres is also not surrounded completely by city limits and the annexation, as originally proposed by the city, would substantially change the rural lifestyle the Laubs have, he said. Annexation Area 12 - U.S. Highway 281 and Husker Highway This property is the located in the southwest part of the community. It is north of Husker Highway the west side of U.S. Highway 281 and Prairieview Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 200 acres of property included in the area that is currently used for agricultural purposes. There is one house and no businesses included in this area. Annexation Area 13 - Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eric Pollock owns this property and was questioning what exactly this meant. Nabity explained his property was surrounded by the city limits and Council is looking to get rid of the “islands” that have been formed. Sewer and water are available. Pollock questioned if there was a utility plan for the drainage because in the northwest quarter there is a drainage issue. Annexation Area 14 - 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. Landowners Ray Stander, 1104 N. North Road, and Floyd Leiser, 3550 N. Engleman Road, both objected, saying the land is being used for agricultural purposes. "Farm ground is not necessary for city use," Leiser said. "They’re not going to develop it as long as I’m alive," he added. Northwest school Superintendent Bill Mowinkel also objected to the annexation of ag land from Areas 12, 13, 14 and the Laub ground in Area 7. He said the anne xation results in a loss of tax base and property tax revenue for the Northwest School District. Planning Commission Chairman Pat O’Neill said the commission is charged with evaluating current and future land use, not school finance. Commissioner Les Ruge said because Grand Island has grown up around those areas, there is confusion on whether city or county forces have jurisdiction when it comes to road issues, drainage and emergency response. Annexation will clarify that. O’Neill closed the Public Hearing. Area 3a: U.S. Highway 281 and Broadwell Ave This has 210 acres located south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. City sewer and water is available. It includes the Veterans Athletic Field Complex and Eagle Scout Park and is mostly city-owned so there is no property valuation and no property tax revenue. City annexation would clarify that city police have jurisdiction at the Athletic Complex, which is on ground leased by the city from the state. A motion was made by Hayes to approve the Area 3a Annexation plan as submitted and seconded by Amick. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 6: Bismark Road and Stuhr Road This has 50 acres located north of Bismark Road to the east side of Stuhr Road. City sewer and water is available. Estimated tax base is $100,053. Estimated annual property tax for all political subdivisions is $2,181. A motion was made by Reynolds to approve the Area 6 Annexation plan as submitted and seconded by Brethauer. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 7: U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. A motion was made by Amick to approve the Area 7 Annexation plan with the changes made to the annexation area to remove the Laub properties and to just include the Vanosdal property and the Aken property. This was seconded by Haskins. Finding of Facts noted by Amick were this proposed annexation did not have sewer and water services available. This homestead was used as an ag use home property. Annexation of this property would adversely affect the familes. Haskins agreed with Amick’s findings. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 12: U.S. Highway 281 and Husker Highway This is about 200 acres of farmland located north of Husker Highway and to the west side of U.S. Highway 281 and Prairieview Street. City sewer and water is available. Estimated tax base is $481,334 and estimated property tax revenue is $10,495 a year. A motion was made by Bredthauer to approve the Area 12 Annexation plan as presented and was seconded by Reynolds. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 8 voting in favor (Amick, O’Neill, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and 1 member present voting against (Ruge) and no members abstaining. Area 13: Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. A motion was made by Bredthauer to approve the Area 13 Annexation plan as presented and was seconded by Amick. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no members abstaining. Area 14: 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. This is about 100 acres of farmland south of 13th street and west of Sagewood Avenue. City sewer and water is available. Estimated tax base is $687,081 with estimated property tax revenue of $14,981 a year. Planning commission voted 7-2 in favor. Commissioners Bill Hayes and Deb Reynolds objected. A motion was made by Ruge to approve the Area 14 Annexation plan as presented and was seconded by Bredthauer. Findings of fact noted by Ruge were water and sewer service is available and annexing of this property would have little or no impact to the owners also this clears up who needs to provide services to the area, between City and County. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no member abstaining. Area 7 has been modified to include fewer properties than shown on this map, but the general area of town remains the same. Item E6 Public Hearing on Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E7 Public Hearing on Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E8 Public Hearing on Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E9 Public Hearing on Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E10 Public Hearing on Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E11 Public Hearing on Acquisition of Public Sanitary Sewer Utility Easement in SE 1/4 of Section 23-11N-10 – Chief Industries, Inc. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: October 25, 2011 Subject: Public Hearing on Acquisition of Public Sanitary Sewer Utility Easement in SE 1/4 of Section 23-11N-10 – Chief Industries, Inc. Item #’s: E-11 & G-7 Presenter(s): John Collins, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public sanitary sewer utility easement is needed in the Southeast Quarter of Section 23, Township 11 North, Range 10 to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion The new easement will be Twenty (20) feet wide and will provide a public utility easement for extending sanitary sewer. The easement will provide sanitary sewer to a new Green Line Equipment dealership on the north side of Stolley Park Road and US Highway 30, plus allow for future developments in this area. 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 conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item F1 #9334 - Consideration of Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 (Final Reading) Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: October 11, 2011 Subject: An Ordinance to Annex Olson Subdivision an Addition to the City of Grand Island, Nebraska and the Adjoining Right-of -Way Item #’s: F-1 Presenter(s): Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limit of the City of Grand Island be annexed into the City at the time of subdivision approval. Phil A. Mader and Linda Mader, as the owners of the property, submitted Olson Subdivision as an addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on September 7, 2011. An ordinance to approve this annexation was approved on first reading by the Grand Island City Council on September 27, 2011 and on second reading on October 11, 2011. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the final reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. No existing residences or businesses would be added to the City as a result of this annexation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9334 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Olson Subdivision and the adjoining Right-Of-Way for Airport Road and U.S. Highway 281 in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Phil A Mader and Linda Mader as owners of the property submitted a plat of Olson Subdivision an Addition to the City of Grand Isla nd for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9334 (Cont.) - 2 - WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading and on October 11, 2011 such annexation was approved on second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. ORDINANCE NO. 9334 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in confo rmity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ORDINANCE NO. 9334 (Cont.) - 4 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9334 (Cont.) - 5 - Item F2 #9338 - Consideration of Request to Rezone Properties Located West of Webb Road, South of Faidley Avenue and North of West North Front Street from LLR – Large Lot Residential to B2 – General Business Zone This item relates to the aforementioned Public Hearing item E-4. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9338 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 described as the easterly 290 feet and southerly 900 feet of the NE ¼ of the SE ¼ of 13-11-10, from LLR Large Lot Residential to B2 General Business Zone, directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the zoning map pursuant to Chapter 36; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on October 5, 2011, 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, the requested change is found to be in compliance with the Comprehensive Development Plan of the City of Grand Island as adopted July 13, 2004 and subsequently amended; and WHEREAS, after public hearing on October 25, 2011, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tracts of land are hereby rezoned, reclassified and changed from LLR Large Lot Residential to B2 General Business Zone : Described as the easterly 290 feet and southerly 900 feet of the NE ¼ of the SE ¼ of 13-11-10, in the City of Grand Island, Hall County, Nebraska. ORDINANCE NO. 9338 - 2 - 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: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9339 - Consideration of Annexation for Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Area 3a) (1st Reading) This item relates to the aforementioned Public Hearing item E-5. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9339 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of U.S. Highway 281 and south of Airport Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “3a”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point On The North Line Of Airport Road, U.S. Highway 281 Said Point Being 2,544.35’ West Of And 86.51’ North Of The Northeast Corner Section 5-11-9 Thence Easterly On A Line 86.51’ North Of And Parallel To The North Of Section 5-11- 9 And Section 4-11-9 To A Point On The West Line Of Homestead Second Subdivision Thence Southerly On A Line To The South Right Of Way Line Of Airport Road Thence Southwesterly To The East Right Of Way Line Of Broadwell Avenue Thence Southerly On The East Right Of Way Line Of Broadwell To A Point On The South Line Of Northwest Quarter Of Northwest Quarter Section 4-11-9 Thence Westerly On Said South Line Northwest Quarter, Northwest Quarter Section 4-11-9 To The West Line Of Section * This Space Reserved For Register of Deeds * ORDINANCE NO. 9339 (Cont.) - 2 - 4-11-9 Thence Southerly On The West Line Of Section 4-11-9 To A Point On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad Thence Northwesterly On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad To A Point On The West Line Of Southeast Quarter Section 5-11-9 Thence Northerly On The West Line Of Southeast Quarter And Northeast Quarter Section 5-11-9 To The Point Of Beginning. WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9339 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordina nce, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9339 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9339 (Cont.) - 5 - Item F4 #9340 - Consideration of Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (First Reading) This item relates to the aforementioned Public Hearing item E-6. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9340 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land east of Stuhr Road and north of Bismark Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “6 ”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point 33’ South Of And 183’ East Of Northwest Corner 23-11-9 Said Point Being On The South Line Of Bismark Road Thence Continuing Easterly On The South Line Of Bismark Road For A Distance Of 177.5’ Thence Northerly On A Line 360.5’ East Of And Parallel To The West Lines Of Section 23-11-9 And 14-11-9 Thence Westerly On A Line 191.1’ North Of And Parallel To The South Line Of Section 14-11-9 For A Distance Of 73.63’ Thence Northerly On A Line 286.87’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 43.30’ Thence Westerly On A Line To A Point 260’ East Of West Line Section 14-11-9 And 234.4’ North Of South Line Of Section 14-11-9 Thence Northerly On A Line 260.0’ East Of And Parallel To The West * This Space Reserved For Register of Deeds * ORDINANCE NO. 9340 (Cont.) - 2 - Line Of Section 14-11-9 For A Distance Of 170.0’ Thence West On A Line To A Point 191.10’ East Of And 404.4’ North Of The South Line Of Section 14-11-9 Thence Northerly On A Line 191.1’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 539.47’ Thence Westerly on A Line 943.87’ North Of And Parallel To The South Line Of Section 14-11-9 To The East Line Of Stuhr Road Thence Northerly On The East Line Of Stuhr Road To The Southwest Corner Of Lot 101 Industrial Addition Thence Easterly On The South Line Of Lot 101, 100 & 90 Industrial Addition For A Distance of 884.63’ Thence Southeasterly On The Southwest Line Of Lot 99 Industrial Addition For A Distance Of 146.53’ Thence Northeasterly On The East Line Of Lot 99 Industrial Addition For A Distance Of 50’ To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said Southerly Line Of Burlington Northern Santa Fe Railroad To The Northwest Corner Lot 102 Industrial Addition Thence Southerly On The West Line Of Lots 102, 110, 111 & 118 Industrial Addition To The Southwest Corner Of Lot 118 Industrial Addition Thence Easterly On The South Line Of Lots 115, 116, 117 & 118 Industrial Addition To The Southeast Corner Of Lot 115 Industrial Addition Thence Northerly On The East Line Of Lots 114 & 115 For A Distance of 380’ ± Thence South Easterly On A Southerly Line Of Lot 114 Industrial Addition To The Southeast Corner Of Lot 114 Industrial Addition Thence Easterly On The South Line Of Lot 114 Industrial Addition To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said South Line Of The Burlington Northern Santa Fe Railroad To A Point Of The South Line Of Bismark Road Thence Southwesterly On A Line For A Distance Of 166.5’± Thence Northwesterly On A Line For A Distance Of 330’ To A Said Point Being 169.4’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line For A Distance of 418.9’ To A Point Being 161’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 1000’ To A Point Being 151’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 587.6’ To A Point 149.63’ South Of The North Line Of Section 23- 11-9 Thence Continuing Westerly On A Line For A Distance Of 912.4’ To A Point Being 148’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line Being 148’ South Of And Parallel To The North Line Of Section 23-11-9 For A Distance Of 224.6’ Thence Northerly On A Line For A Distance Of 115’ To The Point Of Beginning. WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ORDINANCE NO. 9340 (Cont.) - 3 - SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject ORDINANCE NO. 9340 (Cont.) - 4 - to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9340 (Cont.) - 5 - Item F5 #9341 - Consideration of Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) (First Reading) This item relates to the aforementioned Public Hearing item E-7. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9341 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land east of Locust Street and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “7”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southeast Corner Of Desert Rose Subdivision Thence North On The East Line Of Desert Rose Subdivision For A Distance Of 323.6’ Thence Easterly On The South Line Of Desert Rose Sub For A Distance Of 55’ Thence Northerly On The East Line Of Desert Rose Subdivision For A Distance Of 201’ To The Northeast Corner Of Desert Rose Subdivision Thence Easterly On An Extension Of The North Line Of Desert Rose Subdivision For A Distance Of 445’ ± Thence Northerly On A Line For A Distance Of 669.4’± To The South Line Of Firethorne Estates Subdivision Thence Easterly On The South Line Of Firethorne Estates Subdivision For A Distance Of 1,223.6’± Thence Southerly On A Line For A Distance Of 327.5’± Thence Southwesterly On A Line For A * This Space Reserved For Register of Deeds * ORDINANCE NO. 9341 (Cont.) - 2 - Distance Of 654.1’± Thence Westerly On A Line For A Distance Of 106’ Thence Southerly On A Line For A Distance Of 193.6’± Thence Easterly On A Line For A Distance Of 106’ Thence South On A Line To A Point On The North Line Of the U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said U.S. Highway 34, Husker Highway To The West Line Of Northeast Quarter Of Northwest Quarter Section 34-11-9 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 34-11-9 To The North Line Of Section 34-11-9 Thence Continuing Northerly On The West Line Of The Southeast Quarter Of Southwest Quarter Section 27-11-9 To The North Line Of U.S. Highway 34, Husker Highway Thence Westerly And Northerly On The North Line Of U.S. Highway 34, Husker Highway To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. ORDINANCE NO. 9341 (Cont.) - 3 - (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. ORDINANCE NO. 9341 (Cont.) - 4 - SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9341 (Cont.) - 5 - Item F6 #9342 - Consideration of Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (First Reading) This item relates to the aforementioned Public Hearing item E-8. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9342 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of U.S. Highway 281 and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “12”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southwest Corner Of Pedcor Subdivision Thence Continuing Southerly On An Extension Of The West Line Of Pedcor Subdivision To The West Line Of Pedcor Subdivision To The Southerly Line Of U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said Highway To A Point On The West Line Of The Northeast Quarter Of The Northwest Quarter Section 36-11-10 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 36-11-10 To The Northwest Corner Of Northeast Quarter, Northwest Quarter Section 36-11-10 Said Point Also Being The Southwest Corner Of Southeast Quarter Of Southwest Quarter Section 25-11-10 Thence Continuing Northerly On The West Line Of The Southeast Quarter, * This Space Reserved For Register of Deeds * ORDINANCE NO. 9342 (Cont.) - 2 - Southwest Quarter, Northeast Quarter, Southwest Quarter And The Southeast Quarter Northwest Quarter Section 25-11-10. To The Northwest Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Northeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 The Southerly On The East Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Southeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Said Point Also Being The Center Of Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter Section 25-11-10 To The Northwest Corner Of Pedcor Second Subdivision Thence Southerly On The West Line Of Pedcor Second Subdivision and Pedcor Subdivision To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. ORDINANCE NO. 9342 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. ORDINANCE NO. 9342 (Cont.) - 4 - SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9342 (Cont.) - 5 - Item F7 #9343 - Consideration of Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) (First Reading) This item relates to the aforementioned Public Hearing item E-9. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9343 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of North Road and south of Old Potash Highway along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “13”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Northeast Corner Section 23-11-10 Thence Southerly On The East Line Of Said Section 23-11-10 To A Point 300’ North Of The Southeast Corner Of Northeast Quarter Of Northeast Quarter section 23-11-10 Thence West On A Line For A Distance Of 333’ Thence Southerly On A Line For A Distance Of 300’ To A Point On The North Line Of Gosda Subdivision Thence Westerly On The North Line Of Gosda Subdivision To The Northwest Corner Of Gosda Subdivision Thence Southerly On The West Line Of Gosda Subdivision, Springdale Subdivision And Springdale Second Subdivision To The North Line Of Garland Subdivision Thence Westerly On The North Line Of Garland Subdivision To The Northwest Corner Of Garland Subdivision Also * This Space Reserved For Register of Deeds * ORDINANCE NO. 9343 (Cont.) - 2 - Being The Southwest Corner Northeast Quarter Section 23-11-10 Thence Continuing Westerly On The South Line Of The Northwest Quarter Section 23-11-10 For A Distance Of 35’ Thence Northerly On A Line To The Southeast Corner Of Copper Creek Estates Subdivision Thence continuing Northerly On The East Line Of Copper Creek Estates Subdivision To The Northeast Corner Of Copper Creek Estates Subdivision Being On The North Line Of Section 23-11-10 To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9343 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9343 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9343 (Cont.) - 5 - Item F8 #9344 - Consideration of Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) (First Reading) This item relates to the aforementioned Public Hearing item E-10. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney ORDINANCE NO. 9344 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tracts of land east and west of North Road and south of 13th Street along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “14”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Northwest Corner East Half Of Northwest Quarter Section 13-11-10, Said Point Also Being The Northwest Corner Of Larue Third Subdivision Thence Southerly On The West Line Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision Said Point Also Being The Southwest Corner Of The East Half Of Northwest Quarter Of Section 13-11-10 Thence Westerly On The South Line Of The Northwest Quarter Section 13-11-10 To The West Line Section 13-11-10 Thence North On The West Line Of Section 13-11-10 Also Being The East Line Of Section 14-11-10 To The Northeast Corner Of Westwood Park Subdivision Said Point Also Being The Northeast Corner Of * This Space Reserved For Register of Deeds * ORDINANCE NO. 9344 (Cont.) - 2 - Southeast Quarter Of Northeast Quarter Section 14-11-10 Thence Westerly On The North Line Of Westwood Park Subdivision To The Southeast Corner Lot 1 Block 2 Neumann Second Subdivision Thence Northerly On The East Line Of Neumann Second Subdivision And Extension There Of To The North Line Of Section 14-11-10 Thence Easterly On The North Line Of Section 14-11-10 To The Northeast Corner Of Section 14-11-10 Also Being The Northwest Corner Section 13-11-10 Thence Continuing Easterly On The North Line Of Section 13-11-10 To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. ORDINANCE NO. 9344 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. ORDINANCE NO. 9344 (Cont.) - 4 - SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: October 25, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9344 (Cont.) - 5 - Item G1 Approving Minutes of October 11, 2011 City Council Regular Meeting Tuesday, October 25, 2011 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 October 11, 2011 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 October 11, 2011. Notice of the meeting was given in The Grand Island Independent on October 5, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Council President Peg Gilbert was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Interim Finance Director Jaye Monter. INVOCATION was given by Pastor Terry Brandenburg, Peace Lutheran Church, 1710 N. North Road followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Emily Heineman and Brianna Vitera and Board member Jared Stockwell. Mentioned were the seven labor unions that the City had completed this year. Councilmember Ramsey commented on the yo uth of our community and mentioned that the Grand Island Senior High Girls golf team won the Class “A” championship. PRESENTATIONS AND PROCLAMATIONS: Recognition of Bud Jeffries for Service on the Hall County Board of Supervisors. Mayor Vavricek and the City Council recognized Bud Jeffries for his service on the Hall County Board of Supervisors and to the community of Hall County and Grand Island. Family members of Bud Jeffries were present for the recognition. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement located at 2900 West US Highway 34 (Doralene Niedfelt). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2900 West US Highway 34 was needed in order to have access to install, upgrade, ma intain, and repair power appurtenances, including lines and transformers for the purpose of placing underground conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two new homes to be built on adjacent lots. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 4124 North Webb Road (Leonard & Marlene Mader). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 4124 North Webb Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of providing a location for the three phase underground conduit, cable, and pad-mounted Page 2, City Council Regular Meeting, October 11, 2011 transformer to serve the new grain dryer and storage recently added to the property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 2300 West US Highway 34 (Lynn & Amy Mayhew). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2300 West US Highway 34 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose placing underground conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two new homes to be built on adjacent lots. Staff recommended approval. No public testimony was heard. RESOLUTIONS: #2011-308 – Consideration of Approving the IBEW (Finance) Labor Agreement. Human Resources Director Brenda Sutherland reported that this labor agreement was fairly status quo with few changes recommended. This was a one year agreement with a 1.75% wage increase. The I.T. Department employees were removed as they were covered under the Service/Clerical labor agreement. Other changes were: a March 15th and September 15th deadline for personal day usage, the addition of vacation scheduling language, the removal of outdated language such as medical leave buy back, and the stipulation that Chapters 1, 2, and 3 of the Personnel Rules as of October 1, 2011 were made part of the contract. Motion by Gericke, second by Nickerson to approve Resolution #2011-308. Upon roll call vote, all voted aye. Motion adopted. #2011-309 – Consideration of Approving the IBEW (Utilities) Labor Agreement. Human Resources Director Brenda Sutherland reported that this labor agreement was fairly status quo with few changes recommended. This was a one year agreement with a 1.75% wage increase. Other changes were: changing the GIS Technician to GIS Coordinator to reflect the change that was made a year ago, a March 15th and September 15th deadline for personal day usage, the addition of vacation scheduling language, the removal of outdated language such as medical leave buy back, and the stipulation that Chapters 1, 2, and 3 of the Personnel Rules as of October 1, 2011 were made part of the contract. Motion by Gericke, second by Nickerson to approve Resolution #2011-309. Upon roll call vote, all voted aye. Motion adopted. #2011-310 – Consideration of Approving the IBEW (Wastewater) Labor Agreement. Human Resources Director Brenda Sutherland reported that this labor agreement had few changes recommended. This was a one year agreement with a 1.25% wage increase. The most notable change was the increase of vacation hours to match other City employees. Other changes included changing grandchildren from non-immediate to immediate family for purposes of bereavement leave, increasing the medical leave time allowed for the care of family members and a March 15th and September 15th deadline for personal day usage. Motion by Gericke, second by Nickerson to approve Resolution #2011-310. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, October 11, 2011 IBEW representative Dan Quick was present to sign the IBEW Labor Agreements along with Mayor Vavricek. ORDINANCES: #9334 – Consideration of Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 (Second Reading) Regional Planning Director Chad Nabity reported this was the second of three readings for the annexation of Olson Subdivision. Motion by Dugan, second by Gericke to approve Ordinance #9334 on second reading. Upon roll call vote all voted aye. Motion adopted. Councilmember Nickerson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9336 – Consideration of Amending Grand Island City Code Chapter 22-103 Relative to Parking Fines #9337 – 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 second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Police Chief Steve Lamken reported that Ordinance #9336 would change the City Code to $20.00 to match the fee scheduled approved by Council relative to parking fines. Human Resources Director Brenda Sutherland reported that Ordinance #9337 would support the three labor agreements with IBEW approved earlier. Motion by Ramsey, second by Donaldson to approve Ordinances #9336 & #9337. City Clerk: Ordinances #9336 & #9337 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9336 & #9337 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9336 & #9337 are declared to be lawfully adopted upon publication as required by law. Page 4, City Council Regular Meeting, October 11, 2011 #9335 – Consideration of City Council’s Approval of All Individual City Negotiators City Attorney Robert Sivick reported that at the September 27, 2011 City Council meeting, the Council passed Ordinance #9335 on a 6 to 3 vote. Mayor Vavricek exercised his right to veto the Ordinance. In order to override the veto there would have to be a two-thirds vote of the Council or seven votes. Motion by Haase, second by Carney to override the Mayor’s veto from the September 27, 2001 meeting for Ordinance #9335. A lengthy discussion was held regarding the intent of the Ordinance. Councilmember Carney commented his desire for the Council to be more involved with the negotiation process. Comments were made regarding the current negotiators and how well the process had been working with the right people doing the job. Mentioned was this ordinance would clarify the negotiation process that was in place and the need to bring this issue back before Council with more specific language. City Clerk: Ordinance #9335 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 Haase, Carney, Niemann, and Gericke voted aye. Councilmember’s Ramsey, Nickerson, Donaldson, Dugan, and Gard voted no. Motion failed. CONSENT AGENDA: Motion by Ramsey, second by Dugan to approve the Consent Agenda excluding item G-. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 27, 2011 City Council Regular Meeting. Approving Minutes of October 4, 2011 City Council Study Session. Approving Appointment of Dennis McCarty to the Regional Planning Commission Board. Approving Appointment of James Phipps to the Citizens’ Review Committee Board. #2011-296 - Approving City Council Meeting Schedule for 2012. #2011-297 – Approving Acquisition of Utility Easment Located at 2900 West US Highway 34 (Doralene Niedfelt). #2011-298 – Approving Acquisition of Utility Easement Located at 4124 North Webb Road (Leonard & Marlene Mader). #2011-299 – Approving Acquisition of Utility Easement Located at 2300 West US Highway 34 (Lynn & Amy Mayhew). #2011-300 – Approving Bid Award for Uranium Removal Water Treatment Plant – Building Construction with Chief Construction Company of Grand Island, Nebraska in an Amount of $324,857.30. Page 5, City Council Regular Meeting, October 11, 2011 #2011-301 – Approving Bid Award for the Broadwell Avenue Shoulder Improvement – Capital Avenue to the Veteran’s Athletic Fields with J.I.L. Asphalt Paving Company of Grand Island, Nebraska in an Amount of $119,193.70. #2011-302 – Approving Change Order No. 1 for the Grand Island Quiet Zone Project No. 2012- QZ-1 with The Diamond Engineering Company of Grand Island, Nebraska resulting in no change to the contract amount. #2011-303 – Approving Change Order No. 2 for asphalt Maintenance Project 2011-AC-1 with J.I.L. Asphalt Paving Co. of Grand Island, Nebraska for a decrease of $551.58 and a Revised Contract Amount of $327,700.78. #2011-304 – Consideration of Intent to Annex Areas 3a, 6, 7, 12, 13 & 14. #2011-305 – Approving Interdepartmental Fund Transfer for Aeration Basin Improvements; Project WWTP-2010-3 at the Wastewater Treatment Plant. #2011-306 – Approving Bid Award for Infield Soil Conditioner at the Veteran’s Athletic Field Complex with Dakota Transport of Hampton, Minnesota in an Amount of $96,000.00. REQUESTS AND REFERRALS: Consideration of Request from Wyoming Financial Lenders, Inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License. City Clerk RaNae Edwards reported that an application for a Pawnbroker’s License had been received from Wyoming Financial Lenders, Inc. dba Payday Express located at 645 South Locust Street. All documents had been received as required by City Code along with the Police Department recommending approval. Motion by Donaldson, second by Nickerson to approve the request from Wyoming Financial Lenders, Inc. dba Payday Express, 645 South Locust Street for a Pawnbroker’s License. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2011-307 – Consideration of Approving Agreement for Professional Engineering Services Entitled “Wastewater Treatment Plant and Collection System Rehabilitation”. Public Works Director John Collins reported that this item was presented to Council at the October 4, 2011 Study Session. It was recommended that a contract with Black & Veatch of Kansas City, Missouri be approved. Motion by Dugan, second by Haase to approve Resolution #2011-307. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gard to approve the Claims for the period of September 28, 2011 through October 11, 2011, for a total amount of $4,076,452.27. Unanimously approved. Page 6, City Council Regular Meeting, October 11, 2011 ADJOURNMENT: The meeting was adjourned at 8:05 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of October 18, 2011 City Council Study Session Tuesday, October 25, 2011 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 October 18, 2011 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 October 18, 2011. Notice of the meeting was given in the Grand Island Independent on October 12, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Larry Carney, Bob Niema nn, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. Councilmember’s Chuck Haase and Randy Gard were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Bob Sivick, and Interim Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member Emma Kreutzer followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Emma Kreutzer and Miranda Wieczorek. OTHER ITEMS: Discussion Concerning US Highway 281 Sanitary Sewer Extension. City Administrator Mary Lou Brown thanked those people who had taken part in this project. Many hours of work had taken place since last May to come up with a solution to a problem. Public Works Director John Collins gave a background of a request to the City in the fall of 2010 to extend sanitary sewer on US Highway 281 to I-80 interchange. Reported was there were several meetings held with City staff and stakeholders. Mr. Collins gave a PowerPoint presentation explaining the need for the sanitary sewer extension along US Highway 281 to the I-80 interchange. Explained was that a Sanitary Improvement District (SID) was a voluntary association of property owners outside of the municipal limits of a City that join together to provide common infrastructure or services such as sewer, water, streets and electrical lines. Members of the SID pay for the improvements through an annual assessment based on the taxable valuation of the property. Assessment Districts and Tap Districts were explained. Public Works Engineer, Terry Brown explained the Wildwood Subdivision Assessment District located south of Wildwood Road and west of US Highway 281 which was approved by the City Council. The total cost was $655,000 assessed to property owners with the City responsible for Page 2, City Council Study Session, October 18, 2011 $245,000 for crossing 281 and over sizing. The sewer revenues of $28,000 per year were expected. Explained was the tap district for this project. The initial cost of this project was $1,093,000. The loan could be paid as people tap into this service. The projected revenues at full development were expected to $1,250,000 per year. Sanitary Sewer District (SID) 1 would be a force main extending from the north channel of the Platte River to the Arby’s/Quality Inn properties. Initial cost was $850,950 with $59,519 per year payment by the property owners. The initial sewer revenues would be $21,000 per year with projected revenues at full development of $350,000 per year. Sanitary Sewer District (SID) 2 would be a force main or gravity main extending from Arby’s/Quality Inn to Nebraska Peterbuilt. Initial cost was $338,000 with $23,676 annual payment by the SID. The initial sewer revenues would be $4,700 per year with projected revenues at full development of $310,000 per year. SID 1 would include: Arby’s, Days Inn, Quality Inn, USA Inns, Sapp Brothers, Midwest Carrier, and Nine Bridge Restaurant. SID 2 included Nebraska Peterbuilt. Agreements and Interlocal Agreements would be needed with NE Department of Environmental Quality, NE Game and Parks, SID 1 and SID 2. Regional Planning Director Chad Nabity presented the following benefits: · Fosters growth toward I-80 · Provides for future development · Encourage new jobs in transportation, shipping, manufacturing, commercial and industrial development · Maintain current business strength · Cost of extension is paid primarily from private sources · City provided funding for TAP district, to be repaid as property owners connect · Wastewater revenue will increase as pipe is extended · Help offset loss of JBS revenue · Poses no threat to other sewer projects · Protects City water supply from contamination · Provides a beneficial waste stream that can reduce treatment at the plant by offsetting some of the industrial waste The total cost of the project was estimated at $3,188,015 with the following breakdown. · Wildwood $900,000 · Tap District $1,098,565 · SID 1 $850,950 · SID 2 $338,500 The annual City commitment was $76,850 with a first payment in 2014 or 2015. Discussion was held regarding the judgment against Swift Beef Company (JBS) in the amount of $350,000 to be used for this project. City Attorney Bob Sivick explained the negotiation process Page 3, City Council Study Session, October 18, 2011 with the Attorney General and how this area was chosen for this money to be applied. Concern was expressed by Council as to how this project was targeted instead of other projects within the City. Mayor Vavricek explained the process of recommending this project for the judgment money from JBS. It was recommended to apply $245,000 to the Assessment District and $105,000 to the loan for the Tap District. The following people spoke in favor of the project: · Bill Marshall, 712 Grand Avenue · Marlan Ferguson, 2808 Apache Road, Director of Economic Development Corporation · Steve Goans, representative from Nebraska Department of Environmental Quality · Cindy Johnson, Chamber of Commerce President · Mark Clymer, 2625 Lowell Road, Gibbon, NE representative of the NE Games and Parks Commission · Charlie Bosselman, President Bosselman, Inc. Mr. Collins stated this issue would be brought back to Council next week for approval to move forward with agreements to follow. Discussion Concerning Redistricting of City Council Wards. Regional Planning Director Chad Nabity reported that every 10 years, following the U.S. Census of Population and Housing, governments at all levels have the responsibility to examine their voting districts to ensure that our representative form of government is equally representing the citizens. A Redistricting committee was formed along with Pat Larson, Grand Island GIS Coordinator and Dale Baker, Hall County Election Commissioner to review the current Ward maps. The goal of the committee was to create new boundaries for the equal-population requirement and to minimize the number of ballot faces that need to be printed at election time. Reviewed were the current Ward maps and the proposed maps with changes. Mr. Nabity stated this would be brought forward to Council on November 8, 2011. Update Concerning the Racquet Center. Parks and Recreation Director Steve Paustian reported that the Racquet Center was located at 2204 Bellwood Drive which was owned by the City and leased to the Grand Island Tennis Association. The Tennis Association was in the first year of a five year lease. There were three phases of the lease agreement with the first phase of improvements having been completed which included: removing the indoor soccer area, repairing insulation, upgrading lighting, resurfacing courts, fixing water drainage issues, and updating hearing units. Phases two and three were to be completed by 2013 and 2015. Page 4, City Council Study Session, October 18, 2011 Mr. Paustian presented a PowerPoint explaining the background of the Racquet Center. The City acquired the Racquet Center in 1984 from a private group for the amount of back taxes owed, approximately $30,000. Until 1993 the Parks and Recreation Administrative office was located at the Racquet Center. From 1997 to 2010 the Health-Plex Fitness Center leased the facility for $1 annually to offer indoor tennis and later soccer. The Grand Island Tennis Association expressed interest in managing and updating the facility, so on June 1, 2010 the Tennis Association began operating the facility under a five year agreement with the City. In the agreement the Tennis Association agreed to pay the City $1 per month; pay utility bills, repairs, and general upkeep; and keep tennis as the main focus and maintain tournaments and leagues. The Tennis Association promised to update the facility in the following three phases: Phase 1 (2010): Remove indoor soccer court, repair insulation as required, replace lights with new energy-efficient lighting, remove heating and air-conditioning units, resurface two courts, remodel office area, add daycare area, purchase new sign, and address drainage issue around the building. Phase 2 (by 2013): Resurface two courts (done), build four new lighted outdoor courts on property, build unisex bathroom with outside access, and rework locker rooms with updated showers and lights. Phase 3 (by 2015): Build one additional outdoor court adjacent to current north courts, resurface the two existing outdoor courts, and build viewing area above the lobby. Council thanked Mr. Paustian and the Tennis Association for the work and improvements that had been accomplished. Matt Westfall, 2003 W. Division Street answered questions regarding additional tournaments being brought to Grand Island. Mentioned were plans to have a viewing area in the future. Mr. Westfall thanked the Council for this opportunity. Discussion Concerning Fireworks. Assistant to the City Administrator Shannon Oster reported that on November 16, 2010 the City Council discussed the potential expansion of firework sales into December. Currently under City Code Chapter 16-12 to 16-22 fireworks are allowed from June 27 to July 3 from 8:00 a.m. – 11:00 p.m. and July 4 from 8:00 a.m. – midnight. The fee per stand was $400. LB 880 allowed cities to change their fire code to allow an additional fireworks season from December 28 – January 1. Currently six cities have expanded their fireworks season. The Fire Department does not support a lengthened season. The following were potential considerations for the City Council: · Changing the dates of sale or discharge · Adding a second season in December · Should the $400/per stand fee be changed Page 5, City Council Study Session, October 18, 2011 Tom Towne, 1609 Meadow Road representing Marv’s Fireworks spoke in support of extending the firework season from December 28 – January 1. Mr. Town answered questions and clarified the dates of sell in other communities from December 29 – December 31. Interim Fire Chief Tim Hiemer responded to questions from Council regarding not supporting the extended season and the reasons. Comments were made concerning the $400 fee. Discussion was held concerning shortening the current number of days to sell fireworks and hours of discharge. Number of stands, parameters, regulations, code enforcement, safety issues, and cost study were mentioned. Ms. Brown recommended bringing this back to Council in January, 2012. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. RaNae Edwards City Clerk Item G3 Approving Refuse Hauler Permit for Scott’s Hauling, 3230 Westside Street Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: October 25, 2011 Subject: Approving Garbage Refuse Haulers License for Scott’s Hauling, 3230 Westside Street Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion Roger Scott, owner of Scott’s Hauling, 3230 Westside Street has submitted an application for a refuse haulers license. All City Code requirements have been met. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the refuse hauler license for Scott’s Hauling 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the refuse hauler license for Scott’s Hauling, 3230 Westside Street. Sample Motion Move to approve the refuse hauler license for Scott’s Hauling, 3230 Westside Street. Item G4 #2011-311 - Approving Final Plat and Subdivision Agreement for Olson Subdivision Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: October 25, 2011 Subject: Olson Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north and west of US Hwy 281 and south of Airport Road, in the two mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Consisting of (1 Lot) and 1.879 acres. Discussion The revised final plat for Olson Subdivision was considered by the Regional Planning Commission at the September 7, 2011 meeting. A motion was made by Ruge and seconded by Hayes to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present (Amick, Ruge, Hayes, Reynolds, Haskins, O’Neill, Monter and Snodgrass) voting in favor no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Phil A. and Linda Mader Developer/Owner 3326 W Abbott Rd Grand Island NE 68803 To create 1 lot north and west of US Hwy 281 and south of Airport Rd., in the two mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Size: 1.879 Zoning: B2 General Business Zone Road Access: County Road/State Road Water Public: City water is not available Sewe r Public: City sewer is not available Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney R E S O L U T I O N 2011-311 WHEREAS, Phil A. Mader and Linda Mader, husband and wife, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as OLSON SUBDIVISION, to be laid out into 1 lot, a tract of land comprising a part of the Northeast Quarter (NE1/4) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, 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 OLSON 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, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-312 - Approving Acquisition of Utility Easement - 232 Wilmar Avenue - Texas Roadhouse This item relates to the aforementioned Public Hearing item E-3. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney R E S O L U T I O N 2011-312 WHEREAS, a public utility easement is required by the City of Grand Island, from Texas Roadhouse Holdings, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 25, 2011, for the purpose of discussing the proposed acquisition of a 10’ wide easement west of the following described line, located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of Lot One (1) Martin’s Sixth Subdivision; thence westerly along the northerly line of said Lot One (1), a distance of one hundred eight (108.0) feet to the ACTUAL Point of Beginning; thence southerly and perpendicular to the northerly line of said Lot One (1), a distance of sixty eight (68.0) feet. The above-described easement and right-of-way containing a total of 0.031 acres, more or less, as shown on the plat dated 10/10/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Texas Roadhouse Holdings, LLC, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-313 - Approved Bid Award - Transmission Line Construction - 115 kV Interconnection with NPPD at St. Libory Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: October 25, 2011 Subject: Approving Transmission Line Work Contract Item #’s: G-6 Presenter(s): Tim Luchsinger, Utilities Director Background On April 21, 2009, a presentation was made during a Council Study Session summarizing a 115 kV Transmission line route study for a new transmission line to be constructed northwest of the city. During the following City Council meeting on April 28, 2009, Council authorized the Utilities Department to proceed with the necessary engineering, permits and other services required to construct the new transmission line. All required easements have been purchased. Approval has been obtained from the Nebraska Power Review Board and Nebraska Public Service Commission and a crossing permit has been obtained where the new line will cross the Burlington Northern Santa Fe (BNSF) railroad tracks just west of Highway 281 at the same location of an existing 115 kV transmission line crossing. In addition, Nebraska Public Power District (NPPD) has constructed a new substation approximately seven miles north of the City along Engleman Road for which the new transmission line will be connected. The final step in this project is the actual construction of the line. Specifications for furnishing the transmission line materials and installation were developed by our consultant on this project, Advantage Engineering, and issued in accordance with City purchasing procedures. Discussion Bids were received by the City on October 6, 2011 for the contract labor and materials for the construction of the new seven mile 115 kV transmission line between the City’s Substation F and NPPD’s St Libory Substation and for maintena nce work needed on the City’s 115 kV transmission loop. The four bids received were: Bidder Amount Watts Electric, Waverly, NE $2,941,846.98 IES Industrial (Kayton Electric), Holdrege, NE $3,732,714.50 Dominion Construction, Scottsbluff, NE $4,086,036.42 Mid-Plaines Power, Grand Island, NE $4,720,129.31 The bid from Watts Electric was significantly lower when compared to the other bids received which caused concern by our engineering staff and Advantage Engineering that there may be some items that were missed or not fully covered in their bid. A review of their bid and follow up telephone conversations with Watts Electric found the following: 1. Watts Electric did not schedule or attend a mandatory site visit to meet with the City to review the project. In addition, Watts Electric did not call and ask any questions or request clarification on any items. 2. Watts Electric’s bid included pricing from a steel pole supplier, CHM Industries, who is not on the approved steel pole suppliers list. Watts Electric did not request approval of this steel pole supplier prior to submitting their bid. 3. Watts Electric’s bid for installation of a majority of the tangent steel poles was significantly lower in price than the other bidders. Watts Electric indicated that their price did not include any allowance for installing poles in high water table areas, which requires additional time and equipment. Watts Electric assumed that the holes they would be digging would be mostly dry. Soil boring data for the line route indicating the presence of water was included with the bid documents. 4. Bidders were asked to submit information listing projects which the firm had completed in the past that were equal or greater in size and scope to this project. No previous project experience information was received from Watts Electric. In telephone conversations with them they acknowledged their lack of experience with complete 115 kV transmission projects. They indicated that their experience with 115 kV construction consisted of small one or two pole projects only. IES Industrial’s (Kayton Electric) bid was the second lowest bid received. A review of their bid and additional information received indicated the following: 1. IES Industrial did schedule a meeting with the City to review the project and familiarize themselves with the scope of the project. IES Industrial did call and email requests for additional information and clarifications during the bidding process. 2. IES Industrial proposed steel poles that would be supplied by Valmont/Newmark. Valmont/Newmark is an approved vendor and has supplied steel poles on City projects in the past. 3. IES Industrial proposed Tri-State Drilling as a subcontractor for installation of the concrete pier foundations and the tangent pole structure bases. Tri-State Drilling is an experienced contractor and is familiar with the area, having just completed the foundations at the NPPD St. Libory Substation, where the new line will connect. 4. IES Industrial submitted a list of similar projects that the firm has completed in the past. This list contained projects that included the installation of T-2 conductor and fiber optic shield wire similar to what will be installed in this project. They also submitted resumes for two superintendent foremen with 30 years of experience who are proposed to be used on the project. IES Industrial’s bid of $3,732,714.50 is below the engineer’s estimate of $7,000,000. IES Industrial has the necessary experience and their bid includes the materials, equipment, and labor needed to complete the project successfully, and is recommended by the Utilities Department to be the lowest compliant bidder. 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 a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contract for Transmission Line Work with IES Industrial, of Holdrege, Nebraska in the amount of $3,732,714.50. Sample Motion Move to approve the contract for Transmission Line Work with IES Industrial in the amount of $3,732,714.50. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 6, 2011 at 2:00 p.m. FOR: Transmission Line Work – Contract 11-PCC-01 DEPARTMENT: Utilities ESTIMATE: $7,000,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 8, 2011 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Dominion Construction Company IES Commercial, Inc. Scottsbluff, NE Holdrege, NE Bid Security: Travelers Casualty & Surety Co. National Union Fire Ins. Co. Exceptions: None None Bid Price: $4,086,036.42 $3,732,714.50 Bidder: Watts Electric Company Mid-Plains Power Waverly, NE Grand Island, NE Bid Security: Universal Surety Co. Merchants Bonding Co. Exceptions: None None Bid Price: $2,941,846.98 $4,720,129.31 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jason Eley, Purchasing Agent Travis Burdett, Assist. Utilities Director Mary Lou Brown, City Administrator P1508 Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney R E S O L U T I O N 2011-313 WHEREAS, the City of Grand Island invited sealed bids for Transmission Line Construction, according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 6, 2011, bids were received, opened and reviewed; and WHEREAS, IES Commercial, Inc., (Kayton Electric) of Holdrege, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $3,732,714.50; and WHEREAS, the bid of IES Commercial, Inc., is less than the estimate for the Transmission Line Construction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of IES Commercial, Inc., in the amount of $3,732,714.50, for Transmission Line construction, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-314 - Approving Acquisition of Public Sanitary Sewer Utility Easement in SE 1/4 of Section 23-11N-10 - Chief Industries, Inc. This item relates to the aforementioned Public Hearing item E-11. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney R E S O L U T I O N 2011-314 WHEREAS, a public sanitary sewer utility easement is required by the City of Grand Island, from Chief Industries, Inc. in the southeast quarter of the southeast quarter (SE ¼, SE 1/4 of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) west of the 6th P.M., Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23-11-10; THENCE WEST ALONG THE SOUTH LINE OF SECTION 23-11-10 A DISTANCE OF 1320.46 FEET; THENCE N1°03’35”W TO THE NORTH RIGHT OF WAY OF STOLLEY PARK ROAD A DISTANCED OF 33.01 FEET; THENCE N1°04’01”W A DISTANCE OF 943.38 FEET, SAID POINT BEING THE POINT OF BEGINNING. THENCE N54°20’37”W TO A POINT ON THE EAST LINE OF FREEDOM ACRES SUBDIVISON A DISNTANCE OF 204.45 FEET; THENCE NORTH ALONG THE EAST LINE OF FREEDOM ACRES SUBDIVISION A DISTANCE OF 24.95 FEET; THENCE S54°20’37”E TO A POINT ON THE EAST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 204.44 FEET; THENCE SOUTH ALONG THE EAST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 24.95 FEET TO THE POINT OF BEGINNING. WHEREAS, an Agreement for the public sanitary sewer utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public sanitary sewer utility Easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk - 1 - PUBLIC SANITARY SEWER UTILITY EASEMENT CHIEF INDUSTRIES, INC., a Delaware Corporation, herein called the Grantor, in consideration of ONE DOLLAR ($1.00) and other consideration, receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual easement and right-of-way to construct, operate, maintain, extend, repair, replace, and remove sanitary sewers, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land consisting part of an unplatted tract of land as described in deed record #200100438, Hall County Register of Deeds, located in part of the southeast quarter of the southeast quarter (SE ¼, SE ¼) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) west of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23-11-10; THENCE WEST - 2 - ALONG THE SOUTH LINE OF SECTION 23-11-10 A DISTANCE OF 1320.46 FEET; THENCE N1°03’35”W TO THE NORTH RIGHT OF WAY OF STOLLEY PARK ROAD A DISTANCED OF 33.01 FEET; THENCE N1°04’01”W A DISTAINCE OF 943.38 FEET, SAID POINT BEING THE POINT OF BEGINNING. THENCE N54°20’37”W TO A POINT ON THE EAST LINE OF FREEDOM ACRES SUBDIVISON A DISTANCE OF 204.45 FEET; THENCE NORTH ALONG THE EAST LINE OF FREEDOM ACRES SUBDIVISION A DISTANCE OF 24.95 FEET; THENCE S54°20’37”E TO A POINT ON THE EAST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 204.44 FEET; THENCE SOUTH ALONG THE EAST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 24.95 FEET TO THE POINT OF BEGINNING. together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal, and maintenance of such utilities. Any such utilities and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. DATED: ________________, 2011 GRANTOR: Chief Industries, Inc., A Delaware Corporatoin BY_____________________________________ STATE OF NEBRASKA ) - 3 - ) ss COUNTY OF HALL ) On this day of ________________, 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________ of Chief Industries, A Delaware Corproation, to me known to be the identical person who signed the foregoing Public Utilities Easement and acknowledges the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public Item G8 #2011-315 - Approving Union Pacific Railroad Pipeline Crossing Agreement for Southwest Drainage Project No. 2011-D-1; Central Community College to the Wood River Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services/ Interim City Engineer Meeting: October 25, 2011 Subject: Approving Union Pacific Railroad Pipeline Crossing Agreement for Southwest Drainage Project No. 2011-D- 1; Central Community College to the Wood River Item #’s: G-8 Presenter(s): John Collins, Public Works Director Background The Southwest Drainage project has been divided into three phases. Phase I will construct the drainage outlet to the Wood River and includes pipe installation and ditch improvements east of U.S. Highway 281. Phase II includes improvements on U.S Highway 281 right-of-way and areas west of U.S. Highway 281. Phase III includes construction of a west detention cell as development occurs. With the Southwest Drainage outlet in place, the City of Grand Island will be able to modify the following storm drainage flow paths: · Provide an outlet for the existing ditches located north and east of the Central Community College; · Provide an outlet for U.S Highway 281 right-of-way and low lying areas adjacent to the highway; · Divert the Brentwood Lake outlet flow from the Stolley Park storm sewer system to the proposed Southwest Drainage outlet; · Modify the Case New Holland outlet to flow to the proposed Southwest Drainage outlet. The Engineering Division is in the final stages of completing plans and acquiring both temporary and permanent easements. A bid package will be advertised this fall for the actual project construction. On September 13, 2011 City Council approved the purchase of pipe for this project from Rinker Materials in the amount of $199,728.10. The next step is to enter into an agreement with the Union Pacific Railroad (UPRR), for a sewer main crossing of the spur track to the PGS Power Plant. Discussion The UPRR requires the City to enter into a “Pipeline Crossing Agreement” for the installation of one uncased 48 inch pipeline for transporting and conveying storm water only through their right-of-way. The City is also required to pay the UPRR a one-time License Fee of $2,000.00, upon the execution of this agreement. Without this agreement the City does not have legal access through the UPRR property and would not be able to complete the improvements associated with this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution allowing the City to enter into the agreement with the Union Pacific Railroad to allow the Southwest Drainage Project No. 2011-D-1; Central Community College to the Wood River. Sample Motion Move to approve a resolution. Approved as to Form ¤ ___________ October 20, 2011 ¤ City Attorney R E S O L U T I O N 2011-315 WHEREAS, in connection with the Southwest Drainage Project No. 2011-D-1; Central Community College to the Wood River a Pipeline Crossing Agreement is required by the Union Pacific Railroad in order for the City of Grand Island to cross their right-of-way with one uncased 48 inch pipeline for transporting and conveying storm water only; and WHEREAS, the agreement also requires, upon execution, a one-time License Fee of $2,000.00; and WHEREAS, the agreement has been reviewed and approved by the City’s Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Pipeline Crossing Agreement with the Union Pacific Railroad in connection with the Southwest Drainage Project No. 2011-D-1; Central Community College to the Wood River. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-316 - Approving Amending the City of Grand Island Police Officers’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: October 25, 2011 Subject: Amending the City of Grand Island Police Officers’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Item #’s: G-9 Presenter(s): Jaye Monter, Interim Finance Director Background Amendment No. 1 to the City’s retirement plan documents incorporates recent changes to pension laws and regulations for which plan documents need to be updated. Following is a brief summary of each article of the amendment. Generally, requirements must be included in plan documents. However, some provisions do not apply because this is a government plan or for other reasons, as noted. All provisions nevertheless are included in the amendment to provide a record of applicable authority for reference when the plan is required to be restated in a few years. Discussion ART EXPLANATION I General provisions regarding amendment, effective date, etc. II Summary of provisions covered in the amendment. III Specifies actuarial factors – i.e. interest rate and mortality table – that must be used to determine compliance with limitations on benefits imposed by Internal Revenue Code §415. IV Any beneficiary under a qualified plan who is not a spouse and is entitled to a benefit eligible for a rollover can directly roll the distribution over to an IRA. V After-tax contributions received in a distribution, if any, can be rolled over, as well, to certain types of retirement plans. VI Extends period for giving participants notice of distributions from 90 to 180 days. Notice of distributions must include a statement of the effect of delaying distributions and explanation of relative values of optional forms of benefit. Requirements do not apply to governmental plans. VII Domestic relations order directing division of benefits upon a participant’s divorce will not fail in certain cases due to the timing of issuance of the order. VIII No in-service distributions are allowed upon reaching early retirement age. IX Participants are allowed to elect qualified optional survivor annuity permitted under the plan. Requirements do not apply to governmental plans. X Direct rollover of a lump sum distribution is permitted to a ROTH IRA. XI Substitute “severance from employment”, a defined term in the Internal Revenue Code, for “separation from service” for required “top heavy” nondiscrimination testing of the plan. Governmental plans are exempt from top heavy testing. XII Changes to reflect new laws and regulations adopted in recent years regarding underfunded pension plans, specifically restricting optional payments and additional benefit accruals while a plan is in an underfunded state, and requiring annual reporting to plan participants. Requirements do not apply to governmental plans. XIII Incorporate required changes for plan participants in military service, some of which do not apply because of unique terms of the plan. XIV Incorporate certain interest rate and mortality assumptions for lump sum payouts and other plan provisions, to the extent applicable. XV Reflect suspension of 2009 required minimum distributions for participants who reach the later of 70 ½ and retirement. 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 Amendment to the Police Officers’ Retirement System Plan and Trust with Wells Fargo. Motion Move to approve the Amended Services Agreement with Wells Fargo Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-316 WHEREAS, the City of Grand Island currently has a contract with Wells Fargo for the Police Officers’ Retirement System Plan and Trust. WHEREAS, The City’s retirement plan documents must incorporate recent changes to pension laws and regulations for which plan documents need to be updated. WHEREAS, the City must change retirement plan documents to incorporate laws and regulations for which plan documents need to be updated at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. City Administration recommends that the Council approve Amendment 1 to the Police Officers Retirement System Plan and Trust with Wells Fargo. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-317 - Approving Amending the City of Grand Island Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: October 25, 2011 Subject: Amending the City of Grand Island Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Item #’s: G-10 Presenter(s): Jaye Monter, Interim Finance Director Background Amendment No. 1 to the City’s retirement plan documents incorporates recent changes to pension laws and regulations for which plan documents need to be updated. Following is a brief summary of each article of the amendment. Generally, requirements must be included in plan documents. However, some provisions do not apply because this is a government plan or for other reasons, as noted. All provisions nevertheless are included in the amendment to provide a record of applicable authority for reference when the plan is required to be restated in a few years. Discussion ART EXPLANATION I General provisions regarding amendment, effective date, etc. II Summary of provisions covered in the amendment. III Specifies actuarial factors – i.e. interest rate and mortality table – that must be used to determine compliance with limitations on benefits imposed by Internal Revenue Code §415. IV Any beneficiary under a qualified plan who is not a spouse and is entitled to a benefit eligible for a rollover can directly roll the distribution over to an IRA. V After-tax contributions received in a distribution, if any, can be rolled over, as well, to certain types of retirement plans. VI Extends period for giving participants notice of distributions from 90 to 180 days. Notice of distributions must include a statement of the effect of delaying distributions and explanation of relative values of optional forms of benefit. Requirements do not apply to governmental plans. VII Domestic relations order directing division of benefits upon a participant’s divorce will not fail in certain cases due to the timing of issuance of the order. VIII No in-service distributions are allowed upon reaching early retirement age. IX Participants are allowed to elect qualified optional survivor annuity permitted under the plan. Requirements do not apply to governmental plans. X Direct rollover of a lump sum distribution is permitted to a ROTH IRA. XI Substitute “severance from employment”, a defined term in the Internal Revenue Code, for “separation from service” for required “top heavy” nondiscrimination testing of the plan. Governmental plans are exempt from top heavy testing. XII Changes to reflect new laws and regulations adopted in recent years regarding underfunded pension plans, specifically restricting optional payments and additional benefit accruals while a plan is in an underfunded state, and requiring annual reporting to plan participants. Requirements do not apply to governmental plans. XIII Incorporate required changes for plan participants in military service, some of which do not apply because of unique terms of the plan. XIV Incorporate certain interest rate and mortality assumptions for lump sum payouts and other plan provisions, to the extent applicable. XV Reflect suspension of 2009 required minimum distributions for participants who reach the later of 70 ½ and retirement. 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 Amendment to the Firefighters’’ Retirement System Plan and Trust with Wells Fargo. Motion Move to approve the Amended Services Agreement with Wells Fargo. Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-317 WHEREAS, the City of Grand Island currently has a contract with Wells Fargo for the Firefighters’ Retirement System Plan and Trust. WHEREAS, The City’s retirement plan documents must incorporate recent changes to pension laws and regulations for which plan documents need to be updated. WHEREAS, the City must change retirement plan documents to incorporate laws and regulations for which plan documents need to be updated at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. City Administration recommends that the Council approve Amendment 1 to the Firefighters’ Retirement System Plan and Trust with Wells Fargo. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-318 - Consideration of Request from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License and Liquor Manager Designation for Zachary Zoul, 3333 Ramada Road This item relates to the aforementioned Public Hearing item E-1. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-318 WHEREAS, an application was filed by Zoul Hospitality, LLC doing business as Willman’s Bottle Shop, 1201 South Locust Street for a Class "CK" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 15, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on October 25, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Zachary Zoul, 3333 Ramada Road as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-319 - Consideration of Request from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License This item relates to the aforementioned Public Hearing item E-2. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-319 WHEREAS, an application was filed by Simara Y. Rodriguez doing business as El Trancazo Bar, 413 West 4th Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 15, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on October 25, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-320 - Consideration of Designating No Parking on 2nd Street, Between Walnut Street and Cedar Street Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: October 25, 2011 Subject: Approving Designating No Parking on 2nd Street, Between Walnut Street and Cedar Street Item #’s: I-3 Presenter(s): John Collins, Public Works Director Background Council action is required to designate No Parking on any public street. The Public Works Department has received a request from St. Steven's Episcopal Church to remove parking between Walnut Street and Cedar Street, on the north side of 2nd Street. Discussion The Engineering Division of the Public Works Department reviewed traffic flows and safety in the area and recommends the designation of No Parking on the north side of 2nd Street, between Walnut Street and Cedar Street. The No Parking restriction will make existing both of the parking lots within this area safer, as the roadway will be unencumbered by parked vehicles and remove the sight restrictions. A sketch of the desired No Parking area is attached for reference. 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 resolution designating No Parking on 2nd Street, between Walnut Street and Cedar Street. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-320 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, the Public Works Department is requesting that No Parking be allowed on the north side of 2nd Street, between Walnut Street and Cedar Street; and WHEREAS, it is recommended that such restricted parking request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A No Parking Zone is hereby designated along the north side of 2nd Street, between Walnut Street and Cedar Street; and 2. On the north side of 2nd Street the 1st parking stall west of the most westerly driveway shall be removed; and 3. On the north side of 2nd street all parking shall be removed between the two driveways in this section of roadway; and 4. The City’s Street Division of the Public Works Department shall erect and maintain the signs necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2011-321 - Consideration of Advancement of the US Highway 281 Sanitary Sewer Extension to Interstate 80 Project Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: October 25, 2011 Subject: Approving Advancement of the US Highway 281 Sanitary Sewer Extension to Interstate 80 Project Item #’s: I-4 Presenter(s): John Collins, Public Works Director Background On September 27, 2011 City Council approved a sanitary sewer district in the Wildwood Subdivision. This district will give support to the sanitary sewer extension south along US Highway 281 past Interstate 80. City Staff presented an update to City Council on October 18, 2011 regarding this sanitary sewer extension. The City is being granted $350,000 from a settlement between JBS and NDEQ and this settlement may be applied to the Highway 281 project. Discussion City Administration is seeking approval to proceed with: (1) the sanitary sewer extension south of Wildwood Road along US Highway 281 and (2) direction on where to apply the $350,000 settlement from JBS. It is recommended that $245,000 of the settlement be applied to the assessment district, and the remaining $105,000 be applied to the loan for the tap district. The application of these funds to the project will reduce the cash identified in the Study Session held on October 18, 2011. The $245,000 application to the assessment district will free up dollars that will become available for other projects. The application of the $105,000 to the tap district loan will reduce the annual loan payment from $76,838 to approximately $69,500. The reduced loan payment will free up dollars that can also become available for other projects. 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 a resolution authorizing advancement of the US Highway 281 sanitary sewer extension to Interstate 80 project, as well as the allocation of the $350,000 settlement from JBS towards this project. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ October 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-321 WHEREAS, the City of Grand Island and its elected officials are always seeking to increase economic development because of the employment and benefits it brings to the people of Grand Island; and WHEREAS, the City of Grand Island recognizes economic development often requires good public infrastructure be in place before it can occur; and WHEREAS, the City of Grand Island is aware of the economic success of other cities in Nebraska resulting from extending public infrastructure to Interstate Highway 80, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the City Administration take the following action: 1. Draft an ordinance for future Council consideration creating a Sanitary Sewer Connection or Tap District extending South along Highway 281 from south of Wildwood Subdivision to the north channel of the Platte River; and 2. Finalize discussions with the Nebraska Department of Environmental Quality to utilize the Nebraska Clean Water State Revolving Loan Fund for financing of the proposed sewer extension; and 3. Finalize discussions with the Nebraska Game and Parks Commission to enter into an Interlocal Agreement regarding the proposed sewer extension; and 4. Finalize discussions to enter into Interlocal Agreements with any Sanitary Improvement Districts that may be created along the Highway 281 corridor in conjunction with the proposed sewer extension; and 5. Accept the $350,000.00 awarded the City pursuant to the Consent Decree in U.S.A., et. al. v. Swift Beef Company; and 6. Apply the $350,000.00 awarded the City to the Highway 281 sewer extension project in the following manner: a. $245,000.00 to fund Sanitary Sewer District No. 528, Wildwood Subdivision; and b. $105,00.00 to be applied to the proposed Tap District loan from the Nebraska Clean Water State Revolving Loan Fund. 7. Send a copy of this Resolution to the Nebraska Department of Environmental Quality as evidence of the City’s intent regarding the proposed Tap District. - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of October 12, 2011 through October 25, 2011 The Claims for the period of October 12, 2011 through October 25, 2011 for a total amount of $3,272,015.40. A MOTION is in order. Tuesday, October 25, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council