02-14-2012 City Council Regular Meeting PacketCity of Grand Island
Tuesday, February 14, 2012
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 - Pastor Jay Vetter, Trinity United Methodist Church, 511 North Elm
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
Proclamation "Nebraska Danger Week" February 20, 2012
Nebraska Danger Indoor Professional Football was established in October 2010. This 8 man
football team plays on a 50 yard field with 22 teams in the league from Coast to Coast with
NFL and CFL players from across the country. This family entertainment will play 14 games
starting on March 4, 2012 against the Tri City Fever from Washington State at the Heartland
Events Center beginning at 7:05 p.m. The Mayor has proclaimed the week of February 20,
2012 as "Nebraska Danger Week". See attached PROCLAMATION.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item D1
#2012-BE-1 - Consideration of Determining Benefits for Street
Improvement District No. 1256; Capital Avenue from the Moores
Creek Drain to Webb Road
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Consideration of Determining Benefits for Street
Improvement District No. 1256; Capital Avenue from the
Moores Creek Drain to Webb Road
Item #’s: D-1 & F-1
Presenter(s): John Collins, Public Works Director
Background
The Certificate of Final Completion for Street Improvement District No. 1256 was
approved on November 8, 2011 with December 20, 2011 set as the date for Council to sit
as the Board of Equalization. All work has been completed and special assessments have
been calculated for the Districts.
At the request of the City Council the method of assessment calculations was presented at
the January 10, 2012 council meeting.
Nebraska Revised Statute Section 16-622 states, "The cost of making such improvements
of the streets and alleys within any street improvement district shall be assessed upon the
lots and lands in such district specially benefited therby in proportion to such benefits."
· Paving Assessment Districts are either petitioned by property owner(s) or ordered
via an Ordinance by City Council
· Although each district must be reviewed individually, the same basic principles
are generally used in each case. The assessable area, or district boundary, is
usually established by including all property which extends back from the
improved street half way to the next parallel street. 300 feet as the maximum
limit for this distance.
· Improvements due to street widths over 37 feet for residential streets and 41 feet
commercial streets are not assessed to property owners
· Replacement costs for existing paving are not included in assessment costs
Nebraska Revised Statute Section 16-633 states, "If, in any city of the first class, there
shall be any real estate belonging to any county, school district, city, municipal or other
quasi-municipal corporation abutting upon the street, avenue or alley whereon paving or
other special improvements have been ordered, it sha ll be the duty of the county board,
board of education or other proper officers to pay such special taxes".
· In looking back at the history of paving assessments since 2001, City owned
assessed property has been paid for out of the Capital Improvements Fund.
Discussion
The contract for Street Improvement District No. 1256 was awarded to The Diamond
Engineering Company of Grand Island, Nebraska on May 13, 2008. The project was
completed on schedule at a construction price of $3,946,457.35. To tal cost of the project
is $4,684,331.83. Costs for the project break down as follows:
Original Bid $3,379,328.25
Underruns -$517.39
Change Order No. 1 $351,219.24
Change Order No. 2 $32,077.94
Change Order No. 3 $141,330.31
Change Order No. 4 $43,019.00
SubTotal (Construction Price)$3,946,457.35
Additional Costs:
Preliminary Engineering $278,937.48
Construction Engineering $458,937.00
TOTAL COST $4,684,331.83
The final assessment for each lot is listed in both the Resolution and Ordinance for this
item. The assessments were adjusted from the original amounts due to Federal Funding
involved.
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 sit as the Board of Equalization to
determine benefits and pass an Ordinance to levy Special Assessments to individual
properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution determining benefits for Street Improvement District No.
1256.
(Sample Motion for the Ordinance)
Move to approve the Ordinance levying the assessments for Street Improvement District
No. 1256.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-BE-1
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement District No. 1256, after
due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district no. 1256 to be the total sum of
$732,831.98; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate within such
Street Improvement District No. 1256, such benefits are the sums set opposite the several descriptions as
follows:
Name Description Assessment
Street Improvement District No. 1256
The Pinnacle Agency LLC Lot 10, Bosselman 2nd Subdivision $6,047.96
The Pinnacle Agency LLC Lot 11, Bosselman 2nd Subdivision $34,271.79
Dale L & Shirley Skow Lot 12, Bosselman 2nd Subdivision $44,335.36
Mid Nebraska Foundation Inc. Lot 13, Bosselman 2nd Subdivision $7,831.63
Bosselman Inc. S 100’ Lot 1, Bosselman Subdivision $2,878.83
Bosselman Inc. Lot 2, Bosselman Subdivision $34,606.93
Bluestem Properties LLC Lot 3, Bosselman Subdivision $37,497.37
Bluestem Properties LLC Lot 4, Bosselman Subdivision $3,289.69
Casey Retail Copmany Lot 1, Block 1, Dickey Subdivision $28,792.34
Library Restaurant & Lounge Inc. S 64’ of S ½ Lot 2, Block 1, Dickey Subdivision $1,044.28
Robert D & Patricia J Hancock Lot 1, Bels 2nd Subdivision $7,815.74
Robert D & Patricia J Hancock Lot 2, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 3, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 4, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 5, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 6, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 7, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 8, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 9, Bels 2nd Subdivision $7,975.25
Thomas J Lemke Lot 2, Lemke Subdivision $3,370.73
Jeff & Jamie A Vinson Lot 1, Lemke Subdivision $12,579.76
City of Grand Island Part of SE ¼, SE ¼ of Section 1-11-10 $29,836.62
Detention Cell D-1
O’Connor Enterprises Inc. Parcel 1: A part of the SE ¼ of Section 1-11-10 $37,023.90
West of the 6th p.m., described as follows, to-wit:
Commencing at a point at the SE corner of Section
1-11-10, running N 165’ parallel to the center of the
Road along the E section line; thence running in a
westerly direction 264’ parallel to the center of the
road, along the S side of said Section; thence E 264’
to the place of beginning, except a certain tract
deeded to the City of Grand Island recorded as
- 2 -
Document No.83-003899, Hall County, Nebraska.
And part of the SE ¼ of Section 1-11-10 west of the
6th p.m., more particularly described as follows:
Beginning at a point on the E line of said SE ¼, which
point is 165’ N of the SE corner of said SE ¼ of said
Section, running thence N along the E line of said SE ¼
165’, running thence W parallel to the S line of said
SE ¼ of said Section 264’, running thence S parallel to
the E line of sais Se ¼, 165’, running thence E parallel
to the S line of said Se ¼ 264’ to the actual point of beginning.
Northwest Crossings LLC Lot 1, Bels Subdivision $6,899.52
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 2, Bels Subdivision $6,851.13
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 3, Bels Subdivision $6,794.69
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 4, Bels Subdivision $6,753.56
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 5, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 6, Bels Subdivision $6,733.40
Northwest Crossings LLC Lot 7, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 8, Bels Subdivision $6,167.84
DBA Gateway Shopping Center
Gordman Grand Island LLC N 300’ of Lot 4, Grand Island Plaza Subdivision $28,191.49
Gordman Grand Island LLC Lot 3, Grand Island Plaza Subdivision $52,100.57
Gordman Grand Island LLC Lot 2, Grand Island Plaza Subdivision $9,016.88
Gordman Grand Island LLC A tract of land comprising of part of the E ½ of $29,346.33
the NE ¼ of Section 12-11-10 west of the 6th p.m.,
Hall County, Nebraska, more particularly described
as follows: Commencing at a pint 75’ E of the NW
corner of said E1/2 NE ¼ on the N line of said E ½
NE ¼; thence continuing easterly along the N line of
said E ½ NE ¼ a distance of 200’; thence southerly
and parallel to the westerly line of said E ½ NE ¼ a
distance of 217.8’; thence westerly and parallel to the
N line of said E ½ NE ¼ a distance of 200’ to a point
on the easterly right of way of US Highway No. 281;
thence northerly along and upon the E right of way line
of US Highway No. 281 a distance of 217.8’ to the point
of beginning.
John R Menard Lot 6, Menard 2nd Subdivision $38,567.49
Southeast Crossing LLC Lot 7, Menard 2nd Subdivision $1,069.20
City of Grand Island Pt NW ¼, NE ¼, Section 12-11-10 $59,553.89
Detention Cell C-1
John R Menard Lot 3, Menard 2nd Subdivision $20,455.15
John R Menard Lot 2, Menard 2nd Subdivision $37,756.19
City of Grand Island Beginning at the N ¼ corner of Section 12-11-10 $13,895.80
Utilities Substation West of the 6th p.m.; thence on an assumed bearing
of S 89°20’09” E along the N line of the NW ¼ of
the NE ¼ of said Section 12, a distance of 75’; thence
- 3 -
S 00° 03’ 30” E along a line parallel to the W line of
the NW ¼ of the NE ¼ of said Section 12, a distance
of 33’ to the S right of way line of Capital Avenue;
thence continuing s 00° 03’ 30” E , a distance of 237’;
thence s 89° 20’ 09” E, a distance of 248’; thence
N 89° 20’ 09” W along a line parallel to the N line of
the NW ¼ of the NE ¼ of said Section 12 a distance
of 323’ to a point on the W line of the NW ¼ of the
NE ¼ of said Section 12; thence N 00° 03’ 30” W along
the W line of the NW ¼ of the NE ¼ of said Section 12,
a distance of 537’ to the S right of way line of Capital
Avenue; thence continuing N 00° 03’ 30” W, a distance
of 33’ to the point of beginning, containing 2.68 acres,
more or less, all as shown on the plat marked Exhibit “A”,
dated 7-18-95, attached hereto and incorporated herein by
reference.
City of Grand Island Part of NE ¼, NW 1/4 of Section 12-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
City of Grand Island Part of SE ¼ of SW ¼, Section 1-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
WBP Partnership Part of the E ½ of the NE ¼ of Section 12-11-10 $8,382.48
West of the 6th p.m., Hall County, Nebraska, more particularly
described as follows: Beginning at a point on the Section
line, said point being 200; S of the NE corner of said
Section 12; running thence W and parallel to the N section
line of said Section 12, a distance of 418’; running thence
S parallel to the E section line of said Section 12, a distance
of 228’; running thence E parallel to the N section line of
said Section 12, a distance of 418’; running thence N on
the section line of said Section 12, a distance of 228’ to
the point of beginning, except for parts deeded in Deeds
recorded as Document No. 83-004647 and Document
No. 84-001480 in the Register of Deeds Office, Hall
County, Nebraska.
TOTAL $732,831.98
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Request from Baldo, Inc. dba El Farayon
Cantina & Grill, 1403 South Eddy Street for a Class “C” Liquor
License
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Public Hearing on Request from Baldo, Inc. dba El
Farayon Cantina & Grill, 1403 South Eddy Street for a
Class “C” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the 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
Baldo, Inc. dba El Farayon Cantina & Grill, 1403 South Eddy Street has submitted an
application for a Class “C” Liquor License. A Class “C” Liquor License allows for the
sale of alcohol on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Also submitted with this application was a Liquor Manager designation for Alberto
Baldovinos, 235 North Custer Avenue.
The Police Department completed a background check on Alberto Baldovinos (see
attached) and is recommending the City Council remain neutral on this application based
on the Nebraska Liquor Control Act 53-125 – Classes of persons to whom no license
issued.
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 make no recommendation
this application.
Sample Motion
Move to make no recommendation on the application for Baldo, Inc. dba El Farayon
Cantina & Grill, 1403 South Eddy Street for a Class “C” Liquor.
02/07/12 Grand Island Police Department 450
09:41 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 16:01:18 01/18/2012
Occurred before : 16:01:18 01/18/2012
When reported : 16:01:18 01/18/2012
Date disposition declared : 01/18/2012
Incident number : L12012128
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 1403 Eddy 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 : 13842
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
LW L10063772 01/27/12 Liquor Lic Inv Related
NM 93768 01/26/12 Baldovinos-Garcia, Alberto Owner
NM 173278 01/26/12 El Farayon Cantina & Grill, Business
NM 125790 01/25/12 Paz Cuevas, Macrina Spouse
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application for the El Farayon
Cantina &
Grill and a Copy of a Liquor Manager Application from Alberto Baldovinos.
LAW INCIDENT RESPONDERS DETAIL:
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:42:30 01/27/2012
Grand Island Police Department
Supplemental Report
Date, Time: Fri Jan 27 14:42:43 CST 2012
Reporting Officer: Vitera
Unit- CID
I received a copy of a Class C (beer, wine, distilled spirits, on & off
sale)
Limited Liability Company (LLC) liquor license application for El Farayon
Cantina & Grill and a copy of a liquor manager application from Alberto
Baldovinos. Alberto currently owns La Cabana Mexican restaurant and holds
a
Class I (beer, wine, distilled spirits, on sale only) liquor license.
When Alberto applied for the liquor license at La Cabana, he did not
receive
local approval because of a false application. The major reason was that
he did
not disclose (as requested in the application) that he had borrowed money
from
his father in Mexico.
While perusing this application, I noticed that Alberto stated he did not
borrow
any money for the establishment or operation of El Farayon. He disclosed
the
same violations with the addition of some speeding tickets. On the
manager's
application, the "no" box was checked on the question asking if he is
married.
There is a handwritten note beside that question that says, "per lawyer
is
married." Under the spousal information section, Macrina Cuevas is
written in
with no Social Security number and a date of birth of 1/21/87. There is
also a
handwritten comment that says, "Not a citizen of the US at this time." I
found
Macrina in Spillman, and it shows a DOB of 1/21/86 for her. She does not
have a
driver's license or any other entry in NCJIS. Homeland Security wasn't
able to
find her in their database based on the name and each DOB I gave them. If
she
is at least a resident, they should have been able to find documentation
of her.
I checked Macrina for warrants and didn't find any using the information
provided.
Alberto provided a certificate of Naturalization which was confirmed by
Homeland
Security. He doesn't have any warrants for his arrest, and he has a valid
driver's license. I checked him through NCJIS and didn't find any
undisclosed
violations. NCJIS shows him as a "multi-state offender." He had this same
designation during my last investigation. Apparently, nothing in his
criminal
history precluded him from receiving a license. As a reminder, he also
disclosed a carrying a concealed weapon conviction and a third degree
assault
conviction last time and this time. Each conviction would normally
automatically disqualify him, but he had a judge set them aside so they
can't be held against him.
I used an Internet-based search engine to find information on Alberto and
Macrina. I didn't find anything of interest on Alberto. I could not find
any
record of Macrina using every combination of Macrina Cuevas Paz and the
two different DOB's.
Macrina's status in the United States is the issue at hand. If she is not
a
citizen of the U.S., Alberto can't get a license unless he can convince
the NLCC
to give him one. The following Nebraska State Statute explains the
situation:
53-125. Classes of persons to whom no license issued.
No license of any kind shall be issued to ... (3) a person who is not a
citizen
of the United States, ... (13) except as provided in this subdivision, an
applicant whose spouse is ineligible under this section to receive and
hold a
liquor license. Such applicant shall become eligible for a liquor license
only
if the commission finds from the evidence that the public interest will
not be
infringed upon if such license is granted. It shall be prima facie
evidence
that when a spouse is ineligible to receive a liquor license the
applicant is
also ineligible to receive a liquor license. Such prima facie evidence
shall be
overcome if it is shown to the satisfaction of the commission (a) that
the
licensed business will be the sole property of the applicant and (b) that
such
licensed premises will be properly operated...
On 2/2/12, I spoke to Alberto at La Cabana. I met his wife (Macrina) who
was
working at the time. I went over the application with Alberto. I asked
him
about the name of his cantina and grill. He said that El Farayon is a big
rock
in the ocean that sticks out of the water. Alberto saw on the Internet
that
some bars in California are named El Farayon. He described the business
as a
bar first and a restaurant second. He plans on having a jukebox in the
establishment and having a DJ on Friday and Saturday nights. He has
talked to
Trejo security but hasn't hired them. Alberto wants get a feel for the
business
after it has been open for awhile to help him determine what he needs for
employees and security. Alberto was adamant that he has not borrowed any
money to establish and/or operate El Farayon.
I told Alberto that the issue with his application is that his wife is
not a
citizen of the United States. Alberto showed me some paperwork that
illustrates
Macrina is applying for residency. Even if Macrina becomes a resident of
the
United States, the law says that the spouse of an applicant has to be a
citizen.
This law can be overcome by the applicant with a convincing argument to
the NLCC.
The Grand Island Police Department recommends that the council remains
neutral
on this application. Based on 53-125, it appears that El Farayon is not
eligible for a liquor license, but it is quite possible that the NLCC
will grant
one anyway since a Spousal Affidavit of Non-Participation was submitted.
I called Alberto on 2/7/12 and told him about our recommendation. I also
called
his attorney to give him some notice before the council meeting.
!.Locust St SA
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Sylvan StOak St SEddy St SVine St SPine St SHall St
South St E
Lincoln Ave SDodge St
Riverside DrStolley Park Rd W
State Fair BlvdPhoenix Ave W
Grand Ave
Roush Ln
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Hagge Ave Sycamore St SAnna St W
Clark St S
Fonner Park Rd E
Stolley Park Rd E
Church Rd
Bellwood DrChanticleer StApache RdHolcomb St
Fonner Park Rd W
Wedgewood Dr
Wyandotte St
Brookline DrAbbey RdArrowhead RdNebraska Ave
Hope StO klahom a Ave W
Brahma StCottonwood RdOxnard Ave
Highgate RdCochin StDelaware Ave E
Windolph Ave
Parkwood DrKingswood DrHedde St W
Sunset Ave EJohn St W
Bantam StAnderson Ave W Claussen AveDelta St
Santa Anita DrSouth St W
Gamma StWestminster Rd
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Cherrywood LnBirch
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Cochin StHope StBrahma St
Hall St
Apache RdDelaware Ave E
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New Liquor Application1403 S Eddy St.
Legend
!.Applicant Location
Liquor License Locations
1,500ft Buffer from Applicant
Item E2
Public Hearing on Request to Rezone Property Located at 1115 &
1116 Cedar Ridge Court from RD - Residential Development to
R4 - High Density Residential
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: February 14, 2012
Subject: To Rezone Properties Located South of 13th Street, East
of Sagewood Avenue and West of US Hwy 281 from
Residential Development (RD) to High Density
Residential (R4)
Item #’s: E-2 & F-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning rezone properties located south of 13th Street, east of Sagewood Ave and
west of US Hwy 281 from Residential Development (RD) to High Density Residential
(R4).
Discussion
At the regular meeting of the Regional Planning Commission, held February 1, 2012 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained the request to rezone properties located south of 13th Street, east of
Sagewood Avenue and west of US Hwy 281 from Residential Development (RD) to
High Density Residential (R4). The subject property is designated for higher density
residential uses. Nabity stated the R4 zoning district is compatible with the existing and
proposed development of this property. The plan has changed since the original RD zone
in ways that allow for the development of city streets to serve all of the lots. The
development of streets to City standards makes this change possible and desirable. This
will encourage the development of additional housing units in Grand Island. This change
will allow the developer to build additional needed housing units in Grand Island.
There was no further discussion.
O’Neill closed the Public Hearing.
A motion was made by Hayes to recommend the Rezone request from RD –Residential
Development to R4 – High Density Residential and was seconded by Ruge. The motion
carried with 10 members present voting in favor of recommending the Rezone request to
City Council (McCarty, O’Neill, Monter, Bredthauer, Ruge, Hayes, Reynolds, Haskins,
Connelly and Snodgrass) and no one voting against.
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
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the rezone request for property proposed for platting as Olson
Subdivision.
Item E3
Public Hearing on Annexation of Property Located South of US
Highway 34 and West of South Blaine Street - Annexation Area 8b
(includes Rainbow Lake Area) (First Reading)
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Annexation Area Identified as 8b
Item #’s: E-3 & F-3
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.
Eight areas were identified as eligible for annexation into the Grand Island municipal
limits. Council has acted on 6 of the 8 areas. An annexation plan is available for
annexation area 8b the 7th of 8 areas.
The annexation plan for area 8b (Rainbow Lake) is complete and was considered by the
Regional Planning Commission after a public hearing at their meeting held January 4,
2012. The annexation plans for the area identified as 8b is attached are available from the
Grand Island City Clerk, the Hall County Regional Planning Department and on the
Grand Island Website at www.grand-island.com.
Council approved Resolution #2012-13 on January 10, 2012. This resolution set a public
hearing date for annexation of this area and approved the attached annexation plan.
Proper notifications have been made to the school districts and the public and it is for
Council to hold a public hearing and consider this annexation on first reading.
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 second action in this process is for Council to pass a resolution stating their intent to
annex, approve annexation plans and set public hearings for comment on the annexations
before council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the ordinance to annex on first reading,
2. Choose not to approve the ordinance to annex,
3. Modify the ordinance to annex, or
4. Postpone the issue
Recommendation
At the January 4, 2012 meeting of the Hall County Regional Planning Commission a
public hearing was held to take comment on the annexation plans for area 8b. Two
members of the public spoke in opposition to the annexation of area 8b. One, a resident
of Rainbow Lake and the other representing the owner of a 40+ acre parcel with a single
house located between Rainbow Lake and U.S. Highway 34. The minutes of the Planning
Commission Meeting pertaining to this item are attached. Planning Commission took
separate votes on each area and recommended approval of all of the areas.
City staff also recommends that the Council approve the ordinance to annex this area on
first reading following the public hearing to be held this same day.
Sample Motion
Move to approve the Ordinance to annex Area 8b on first reading.
From the January 4, 2012 Planning Commission Minutes
4. Public Hearing – Public Hearing – Annexation - (C-04-2012GI)
Annexation Area 8b - This property is located in the southwest part of the city.
It is south of US Hwy 34 and east of south Blaine Street. This property includes
the Rainbow Lake area. Part of the SW ¼ of Section 28, Township 11 North,
Range 9 and Part of the NW ¼ of Section 33, Township 11 North, Range 9 West
of the 6th P.M.
O’Neill opened the Public Hearing.
Nabity explained to the Planning Commission and to the members of the audience that
annexation was first talked about back in January of 2011 at the City Council retreat.
Council then decided on potential area for Annexation and how this is part of the
Comprehensive Plan for Grand Island. The Comprehensive Plan was adopted in 2004.
On March 22, 2011, Council gave the go ahead to Planning to state the annexation
process. Last fall there were five areas annexed into the City of Grand Island.
The City provides police, EMS and Fire protection. This area is also within the city’s
two mile jurisdiction and is subject to the current City building codes. With the
annexation this would allow access to the City library without having to pay the Hall
County fee.
Nabity noted that privately owned lakes within the City limits would still be privately
owned lakes with no public access.
Vi Sheeks, 3623 S Blaine spoke against the annexation, she commented a few years ago
when the Rainbow Lake area had issues with the sewer and came to the City for help they
were refused. Homeowners then ga thered together and paid to fix the issue themselves.
She asked about Northwest High School and how they would be affected? She noted that
those wanting sewer and water should be the ones to pay for this not the homeowner who
already has functioning service and like the way things are now.
John Niedfelt, 1515 W Husker Hwy., spoke against the annexation. His mother owns
40+ acres and this would be an extreme expense to install sewer and water to the house.
Niedfelt said this property will not become a developed property. He also questioned the
upfront costs or future costs.
Nabity stated public works has formulated a plan to eliminate the lift station that is
currently serving Rainbow Lake. A gravity main could be extended from the Knot
subdivision northeast of Rainbow across the Robb property east of Catfish Avenue. The
cost to run a gravity sewer line to the Ra inbow Lake area is estimated at $410,000.
O’Neill closed the Public Hearing.
A motion was made by Eriksen to not recommend Annexation of Area 8b, Rainbow
Lakes to City Council and was seconded by Connelly. The motion failed with 5
members present voting in favor of not recommending Annexation to City Council
(Hayes, Reynolds, Eriksen, Connelly and Snodgrass) and 6 voting against (McCarty,
O’Neill, Ruge, Monter, Haskins and Bredthauer).
O’Neill looked for a new motion.
A motion was made by Bredthauer to approve the Annexation of Area 8b, Rainbow
Lakes and recommend Annexation to City Council. Bredthauer noted some findings of
facts were the City will assume the sewer responsibility, city sewer and water could be
readily available and this area is surrounded by the City Limits and this does meet the
guidelines as set forth in the Grand Island Comprehensive Plan. This was seconded by
Haskins. The motion carried with 7 members present voting in favor of recommending
the Annexation of Area 8b to City Council (McCarty, O’Neill, Ruge, Monter, Haskins,
Bredthauer, and Snodgrass) and 4 voting no (Hayes, Reynolds, Eriksen and Connelly).
Item E4
Public Hearing on Re-Adoption of the City of Grand Island
Official Zoning Map
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: February 14, 2012
Subject: Re-Adoption City of Grand Island Zoning Map
(C-05-2012GI)
Item #’s: E-4 & G-5
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning the re-adoption of the City of Grand Island Zoning Map, as produced using
the Hall County Geographic Information System as the official zoning map for the City
of Grand Island.
Discussion
At the regular meeting of the Regional Planning Commission, held January 4, 2012, the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
On January 26, 2010 the Grand Island City Council approved using a map produced from
the Hall County GIS as the official zoning map for the City of Grand Island based on the
2004 Comprehensive Plan for the City of Grand Island with all changes to the map as
approved through January 26, 2012. As a matter of course, the City of Grand Island
occasionally re-adopts the zoning map incorporating all changes since the last re-
adoption of the entire map along with other changes as recommended by staff and the
Hall County Regional Planning Commission. This will allow a newly revised and
adopted copy of the map to be printed for official use by Council, staff and the general
public. This hearing is being held for that purpose. This map will also serve to give notice
to all parties, that the Grand Island City limits and 2 mile extraterritorial jurisdiction is as
shown on the map.
There was no further discussion.
O’Neill closed the Public Hearing.
A motion was made by McCarty and seconded by Bredthauer, to recommend the
approval of the above Re-adoption of the Zoning Map for the City of Grand Island as
presented. The motion carried with 11 members present and 11 voting in favor (McCarty,
Bredthauer, O’Neill, Ruge, Reynolds, Hayes, Connelly, Eriksen, Monter, Haskins and
Snodgrass) and no member present abstaining.
Background
The following chart shows the changes that have been approved by the Regional
Planning Commission and the Grand Island City Council since January 26, 2010,
including proposed changes through January 31, 2012.
Id ORD Change Legal Case Filedate
1 9248
RD to Amended
RD Lts 19 & 20 Nottingham Estates Sub. C-05-2010GI 01-26-2010
2 9255 M1 to M2 W 1/2, NW 1/4, Sec. 14-11-09 C-11-2010GI 03-10-2010
3 9264 B2 to RD
Lot 1 and Outlot A, Crane Valley 7th
Sub. C-16-2010GI 06-22-2010
4 9276
RD to Amended
RD
The Village Third and The Village
Fourth Subs. C-19-2010GI 09-14-2010
5 9296 R1 to M1
Sec 12-11-09 and Pt of Fairacres
Dairy Sub 5th Sub 8th Sub C-07-2010GI 06-14-2011
6 9327 AG-2 to B2 Olson Sub. C-11-2011GI 09-27-2011
7 9338 LLR to B2
E 290 ft of S 900 ft NE1/4,SE1/4 of
Sec.13-11-10 C-01-2012GI 10-25-2011
The changes shown on this chart are represented on the new version of the Grand Island
Zoning map. A map delineating the location of these changes is attached.
ANNEXATIONS
The following areas approved for annexation by the Grand Island City Council between
January 26, 2010 and January 31, 2012. See Attached Map
Id ORD Legal Case Number
1 9254
Lots 1 & 2 Shady Bend Sub. and Adjoining R.O.W
Includes Relocated Shady Bend Road South of U.S.
Highway 30 C-10-2010GI
2 9266
All of Lake Heritage 2nd Sub. East of Blaine Street
and South of U.S. Highway 34 C-18-2010GI
3 9334
Olson Sub. and Adjoining R.O.W. South of Airport
Road and West of Webb Road C-11-2011GI
4 9339
Pt E 1/2 Sec. 5-11-9 Eagle Scout Lake and the
Veterans Ball Field Complex C-05-2011GI
5 9340
Pt S 1/2 Sec 14-11-09 and Pt N 1/2 Sec.23-11-09
East of Stuhr Road north of Bismark Road C-05-2011GI
6 9341
Pt SW 1/4 Sec 27-11-09 Vanosdal Softball Fields
north of U.S. Highway 34 and east of Locust
Avenue C-05-2011GI
7 9342
Pt of Sec 25-11-10 North of Husker Highway and
west of U.S. Highway 281 C-05-2011GI
8 9343
Pt NE 1/4 Sec 23-11-10 South of Old Potash
Highway and west of North Road C-05-2011GI
9 9346
Known as former Aurora CO-OP site west of
Lincoln Avenue and north of Fonner Park Road
No RPC Case
Number
10 9286
South Locust St. Corridor The right-of-way owned
by the City of Grand Island for Locust Street
between the Wood River Diversion Channel and
U.S. Interstate 80
No RPC Case
Number
No changes to the Grand Island Extraterritorial Jurisdiction were made due to these
annexations.
ADDITIONAL CHANGES
The following additional changes are recommended for approval to make minor
modifications to the zoning map to more accurately reflect lot lines that were established
after the adoption of the zoning map, other changes as suggested by planning department
staff to harmonize the transition between zoning districts on specific properties and the
reversion of RD (Residential Development Zones) and/or CD (Commercial Development
Zones) that have exceeded the allowed 18 month time frame for approval without any
additional improvements.
There are 3 changes to the map that staff is recommending. The first shown on the
attached Exhibit A would change Lot 1 and Outlot A of Crane Valley 7th Subdivision
from RD Residential Development Zone to B2 General Business. The current
redevelopment plan for these lots and Residential Development Zone was approved on
June 22, 2010. The developer is required to begin improvements on an RD zone within
18 months of approval. No action has been taken on this development so Council is
required to revert the zoning to the original zoning district.
The second change shown on Exhibit B would move the boundary between the R1
Suburban Density Residential and the R2 Low Density Residential districts in the
southeast corner of the Woodland Park Subdivision area located north of the Berean
Church north of Capital Avenue and east of Independence Avenue. The R1 zoning in this
area was originally proposed to require the development of lots similar in size to those
immediately to the east. As the subdivision has been developed minor modifications have
been made to the street and lot layout. The proposed changes will align the zoning district
with the lots and street boundaries.
The final recommended change as shown on Exhibit C would eliminate the R2 zoning
district on the Fonner Park Ground and the Island Oasis Water Park. The property along
South Locust is zoned B2-AC General Business with an arterial commercial overlay and
the property to the east including Fonner Park and most of the State Fair Grounds is
zoned B2 General Business. This property is owned by either the Hall County
Agricultural Association or the City of Grand Island.
All of these changes are consistent with the existing uses and the Future Land Use map
for the City of Grand Island. The proposed changes will harmonize the map and make
enforcement of the zoning regulations more consistent.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
presented.
Sample Motion
Move to approve as recommended.
Item E5
Public Hearing on Redevelopment Plan for Property Located at
US Highway 34 and South Locust Street (Howard Johnson)
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: February 14, 2012
Subject: Amendment to Redevelopment Plan for CRA Area #2
Item #’s: E-5 & I-2
Presenter(s): Chad Nabity, AICP CRA Director
Background
In 1999, the Grand Island City Council declared property referred to as CRA Area #2 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. TIF can also be used for
improvements to and expansion of existing infrastructure including but not limited to:
streets, water, sewer, drainage.
The developer intends to use Tax Increment Financing to aid in renovation of the
convention center, hotel and restaurant at this site. The developer is trying to attract a
national chain restaurant as an anchor to the convention center and hotel. This is Grand
Island’s largest convention space and in need of substantial renovation. This project
would not be possible without the use of TIF. The property is located within
Redevelopment Area #2 at 3333 Ramada Road in Grand Island, Nebraska.
The CRA reviewed the proposed development plan on January 11, 2012 and forwarded it
to the Hall County Regional Planning Commission for recommendation at their meeting
on February 1st, 2012. The CRA also sent notification to the City Clerk of their intent to
enter into a redevelopment contract for this project pending Council approval of the plan
amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
ame ndment at a meeting on February 1, 2012. The Planning Commission approved
Resolution 2012-01 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
proposed project) and to enter into the record a copy of the plan amendment, the draft
TIF contract under consideration by the CRA.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented in the redevelopment plan along with the amended redevelopment plan for
CRA Area #2 and authorizes the CRA to execute a contract for TIF based on the plan
amendment. The redevelopment plan amendment permits rehabilitation and
redevelopment of the convention center, hotel and restaurant located on the property at
3333 Ramada Road. The cost benefit analysis included in the plan finds that this project
meets the statutory requirements for as eligible TIF project and that it will not negatively
impact existing services within the community or shift additional costs onto the current
residents of Grand Island and the impacted school districts. The total tax increment
financing allowed for this project may not exceed $524,520 during this 15 year period.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
Redevelopment Plan Amendment
Grand Island CRA Area #2
December 2011
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #2 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #2.
Executive Summary:
Project Description
THE RENOVATION OF THE HOWARD JOHNOSONS CONVENTION CENTER,
HOTEL AND RESTAURANT AT 3333 RAMADA ROAD AND THE SUBSEQUENT
SITE WORK, UTILITY, ENGINEERING, LANDSCAPING AND PARKING
IMPROVEMENTS NECESSARY FOR THE RENOVATION AT THIS LOCATION.
The developer intends to use Tax Increment Financing to aid in renovation of the
convention center, hotel and restaurant at this site. The developer is trying to attract a
national chain restaurant as an anchor to the convention center and hotel. This is Grand
Island’s largest convention space and in need of substantial renovation. This project
would not be possible in an affordable manner without the use of TIF.
The site is owned by the developer. All site work, demolition and utilities will be paid
for by the developer. The developer is responsible for and has provided evidence that
they can secure adequate debt financing to cover the costs associated with the acquisition,
site work and remodeling. The Grand Island Community Redevelopment Authority
(CRA) intends to pledge the ad valorem taxes generated over the 15 year period
beginning January 1, 2014 towards the allowable costs and associated financing for the
acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located at the northwest corner of South Locust Avenue and U.S.
Highway 34 (Husker Highway) in southern Grand Island. The attached map identifies the
subject property and the surrounding land uses:
· Legal Descriptions Lot 11 of Woodland Second Subdivision, An Addition
to the City of Grand Island, Hall County Nebraska excepting a therefrom a tract
of land more particularly described in Deed recorded as Document No.
200007531.
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2014 through 2028 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from rehabilitation of the hotel
convention center property and development of a national chain restaurant at this
location.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2014.
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on September 13, 1999. [§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate an existing conforming use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area #2 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority or the developer.
b. Demolition and Removal of Structures:
The project to be implemented with this plan amendment does not call for the demolition
and removal of any existing structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for highway commercial development. [§18-2103(b) and §18-2111] The
attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
City of Grand Island Future Land Use Map
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2-AC General Business zone with an Arterial Commercial Overlay.
No zoning changes are anticipated with this project. No changes are anticipated in street
layouts or grades. No changes are anticipated in building codes or ordinances. Nor are
any other planning changes contemplated. The proposed uses as a convention center,
hotel and restaurant are permitted in the B2-AC zoning district. [§18-2103(b) and §18-
2111]
e. Site Coverage and Intensity of Use
The developer is proposing rehabilitate the existing structure a conforming structure and
use in the B2-AC zoning district. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
This site has full service to municipal utilities. No utilities would be impacted by the
development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation.
This property, owned by the developer is maintained as a convention center, hotel and
restaurant. The proposed use of this property would continue as a convention center,
hotel and restaurant. No individuals or families will be relocated as a result of this
project.[§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has owned the property for since 2001. The cost of property acquisition is
not being included as a TIF eligible expense. Costs for rehabilitation of the existing
structure and parking improvements are estimated at $1,077,000. Fees and
reimbursement to the City and the CRA of $6,500 are included as a TIF eligible expense.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $524,520 from the proceeds of the TIF
Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2014 through December
31, 2028.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of and redevelopment of commercial lots. This will
not significantly impact traffic on at the intersection of South Locust and U.S. Highway
34. Renovated commercial development will raise property values and provide a
stimulus to keep surrounding properties properly maintained. This will have the intended
result of preventing recurring elements of unsafe buildings and blighting conditions.
8. Time Frame for Development
Development of this project (including demolition, site preparation and new construction)
is anticipated to be completed between March 2012 and March of 2013. Excess
valuation should be available for this project for 15 years beginning with the 2014 tax
year.
9. Justification of Project
The South Locust Corridor is a major entrance for the City of Grand Island from
Interstate 80. The Heartland Events Center, the State Fair Park and associated buildings
and other attractions are all located along South Locust. The South Locust Business
Improvement District and City of Grand Island have spent a considerable amount of
money on landscaping and aesthetic treatments along this corridor. The City has codified
those improvements as development occurs south of the U.S. 34 and Locust. The Grand
Island CRA has invested more than $500,000 in the property located on the east side of
South Locust across from this project. This is a gateway to the community and for many
people from outside the area is what they will use to judge our City. The opportunity to
partner with owners of key building along this corridor as they redevelop and reinvest in
their properties is important to making those favorable first impressions.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $2,095,733.
The proposed renovation of this facility will result in an estimated additional $1,595,050
of taxable valuation based on an analysis by the Hall County Assessor’s office. No tax
shifts are anticipated from the project. The project creates additional valuation that will
support taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed facility will provide jobs for persons employed by the contractors that
will be involved with the project. It will result in a new national family restaurant along
the South Locust corridor.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This may create additional demand for service employees in the Grand Island area
and could impact other hotels and restaurants.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This will improve the southern entrance into the City of Grand Island. The updates
and upgrades to Grand Island’s largest convention space will make Grand Island more
competitive for meetings and conferences.
Time Frame for Development
Development of this project is anticipated to be completed during between March 1, 2012
and March 1 of 2013. The base tax year should be calculated on the value of the property
as of January 1, 2012. Excess valuation should be available for this project for 15 years
beginning in 2013. Excess valuation will be used to pay the TIF Indebtedness issued by
the CRA per the contract between the CRA and the deve loper for a period not to exceed
15 years or an amount not to exceed $524,520 the projected amount of increment based
upon the anticipated value of the project and current tax rate. Based on the estimates of
the expenses of the cost of renovation, site preparation, engineering, expenses and fees
reimbursed to the City and CRA, and financing fees the developer will spend over
$1,000,000 of TIF eligible activities.
See Attached Building Plans
REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the _____th day of
___________, 2012, by and between the Community Redevelopment Authority of the City of
Grand Island, Nebraska (“Authority”), and Stratford Plaza, LLC, a Nebraska limited liability
company (“Redeveloper”).
WITNESSETH:
WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the
purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska
Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as
amended (collectively the “Act”), has designated an area in the City as blighted and substandard;
and
WHEREAS, City and Redeveloper desire to enter into this Redevelopment Contract for
acquisition and redevelopment of a parcel in the blighted and substandard area;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally
applicable to both the singular and plural forms and masculine, feminine and neuter gender of
any of the terms defined:
“Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory
thereof and supplemental thereto
“Authority” means the Community Redevelopment Authority of the City of Grand Island,
Nebraska.
“City” means the City of Grand Island, Nebraska.
“Governing Body” means the Mayor and City Council of the City.
“Holder” means the holders of TIF indebtedness issued by the Authority from time to
time outstanding.
“Liquidated Damages Amount” means the amounts to be repaid to Authority by
Redeveloper pursuant to Section 6.02 of this Redevelopment Contract.
“Project” means the improvements to the Redevelopment Area, as further described in
Exhibit B attached hereto and incorporated herein by reference and, as used herein, shall include
the Redevelopment Area real estate.
“Project Cost Certification” means a statement prepared and signed by the Redeveloper
verifying the Redeveloper has been legally obligated for the payment of Project Costs identified
on Exhibit D
“Project Costs” means only costs or expenses incurred by Redeveloper for the purposes
set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit D.
“Redeveloper” means Stratford Plaza, LLC, a Nebraska limited liability company.
“Redevelopment Area” means that certain real property situated in the City of Grand
Island, Hall County, Nebraska, which has been declared blighted and substandard by the City
pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
“Redevelopment Contract” means this redevelopment contract between the Authority and
Redeveloper with respect to the Project.
“Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment
Area related to the Project, prepared by the Authority and approved by the City pursuant to the
Act.
“Resolution” means the Resolution of the Authority, as supplemented from time to time,
approving this Redevelopment Contract and the issuance of the TIF Indebtedness.
“TIF Indebtedness” means any bonds, notes, loans, and advances of money or other
indebtedness, including interest and premiums, if any, thereon, incurred by the Authority
pursuant to Article III hereof and secured in whole or in part by TIF Revenues.
“TIF Revenues” means incremental ad valorem taxes generated by the Project which are
allocated to and paid to the Authority pursuant to the Act.
Section 1.02 Construction and Interpretation.
The provisions of this Redevelopment Contract shall be construed and interpreted in
accordance with the following provisions:
(a) Wherever in this Redevelopment Contract it is provided that any person
may do or perform any act or thing the word “may” shall he deemed permissive and not
mandatory and it shall be construed that such person shall have the right, but shall not be
obligated, to do and perform any such act or thing.
(b) The phrase “at any time” shall be construed as meaning “at any time or
from time to time.”
(c) The word ‘including” shall be construed as meaning ‘‘including, but not
limited to.”
(d) The words ‘will” and “shall” shall each be construed as mandatory.
(e) The words “herein,” “hereof,” “hereunder,”” hereinafter” and words of
similar import shall refer to the Redevelopment Contract as a whole rather than to any
particular paragraph, section or subsection, unless the context specifically refers thereto.
(f) Forms of words in the singular, plural, masculine, feminine or neuter shall
be construed to include the other forms as the context may require.
(g) The captions to the sections of this Redevelopment Contract are for
convenience only and shall not be deemed part of the text of the respective sections and
shall not vary by implication or otherwise any of the provisions hereof.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations by Authority.
The Authority makes the following representations and findings:
(a) the Authority is a duly organized and validly existing Community
Redevelopment Authority under the Act.
(b) The Redevelopment Plan has been duly approved and adopted by the City
pursuant to Section 18-2109 through 18-2117 of the Act.
(c) The Authority deems it to be in the public interest and in furtherance of the
purposes of the Act to accept the proposal submitted by Redeveloper as specified herein.
(d) The Redevelopment Project will achieve the public purposes of the Act by,
among other things, increasing employment, improving public infrastructure, increasing
the tax base, and lessening conditions of blight and substandard in the Redevelopment
Area.
(e) (1) The Redevelopment Plan is feasible and in conformity with the general
plan for the development of the City as a whole and the plan is in conformity with the
legislative declarations and determinations set forth in the Act, and
(2) Based on Representations made by the Redeveloper:
(i) the Project would not be economically feasible without the use
of tax-increment financing,
(ii) the Project would not occur in the Redevelopment Area without
the use of tax-increment financing, and
(iii) the costs and benefits of the Project, including costs and benefits
to other affected political subdivisions, the economy of the community, and
the demand for public and private services have been analyzed by the
Authority and have been found to be in the long-term best interest of the
community impacted by the Project.
(f) The Authority has determined that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purpose of
accomplishing, in conformance with the general plan, a coordinated, adjusted, and
harmonious development of the City and its environs which will, in accordance with
present and future needs, promote health, safety, morals, order, convenience, prosperity,
and the general welfare, as well as efficiency and economy in the process of
development: including, among other things, adequate provision for traffic, vehicular
parking, the promotion of safety from fire, panic, and other dangers, adequate provision
for light and air, the promotion of the healthful and convenient distribution of population,
the provision of adequate transportation, water, sewerage and other public utilities,
schools, parks, recreational and community facilities, and other public requirements, the
promotion of sound design and arrangement, the wise and efficient expenditure of public
funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling
accommodations, or conditions of blight.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a) The Redeveloper is a Nebraska limited liability company, having the power
to enter into this Redevelopment Contract and perform all obligations contained herein
and by proper action has been duly authorized to execute and deliver this Redevelopment
Contract.
(b) The execution and delivery of the Redevelopment Contract and the
consummation of the transactions therein contemplated will not conflict with or constitute
a breach of or default under any bond, debenture, note or other evidence of indebtedness
or any contract, loan agreement or lease to which Redeveloper is a party or by which it is
bound, or result in the creation or imposition of any lien, charge or encumbrance of any
nature upon any of the property or assets of the Redeveloper contrary to the terms of any
instrument or agreement.
(c) There is no litigation pending or to the best of its knowledge threatened
against Redeveloper affecting its ability to carry out the acquisition, construction,
equipping and furnishing of the Project or the carrying into effect of this Redevelopment
Contract or, except as disclosed in writing to the Authority, as in any other matter
materially affecting the ability of Redeveloper to perform its obligations hereunder.
(d) Any financial statements of the Redeveloper or its Members delivered to
the Authority prior to the date hereof are true and correct in all respects and fairly present
the financial condition of the Redeveloper and the Project as of the dates thereof; no
materially adverse change has occurred in the financial condition reflected therein since
the respective dates thereof; and no additional borrowings have been made by the
Redeveloper since the date thereof except in the ordinary course of business, other than
the borrowing contemplated hereby or borrowings disclosed to or approved by the
Authority.
(e) The Project would not be economically feasible without the use of tax
increment financing.
(f) The Project would not occur in the Redevelopment Area without the use of
tax-increment financing.
(g) The Redeveloper is an accredited investor as that term is defined for
purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended.
ARTICLE III
OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes.
In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad
valorem tax on the following real property in the Project: to wit: the property shown on attached
Exhibit A, for the benefit of any public body be divided for a period of fifteen years after the
effective date of this provision as set forth in this section. The effective date of this provision
shall be January 1, 2013.
(a) That proportion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the Redevelopment Project Valuation (as
defined in the Act) shall be paid into the funds of each such public body in the same
proportion as all other taxes collected by or for the bodies; and
(b) That proportion of the ad valorem tax on real property in the
Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if
any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of
the Authority to pay the principal of, the interest on, and any premiums due in connection
with the bonds, loans, notes or advances of money to, or indebtedness incurred by
whether funded, refunded, assumed, or otherwise, such Authority for financing or
refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad valorem
taxes upon real property in such Project shall be paid into the funds of the respective
public bodies.
Section 3.02 Issuance of TIF Indebtedness
Authority shall incur TIF Indebtedness in the form and principal amount and bearing
interest and being subject to such terms and conditions as are specified on the attached exhibit C.
No TIF Indebtedness will be issued until Redeveloper has (a) acquired fee title to the
Redevelopment Area; (b) obtained financing commitments as described in Section 5.01; and (c)
entered into a contract for construction of the Project. The Authority shall have no obligation to
find a lender or investor to acquire the TIF Indebtedness, but rather shall issue the TIF
Indebtedness to the Redeveloper upon payment of the principal amount thereof. The purchase
price of the TIF Indebtedness may be offset against the Grant described in Section 3.04 hereof, in
the sole discretion of the Authority.
The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a
limited obligation of the Authority payable exclusively from that portion of the ad valorem real
estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied,
collected and apportioned from year to year with respect to certain real estate located within the
"Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the
Authority and the Authority shall be liable for the payment thereof only out of said portion of
taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of
the State of Nebraska or of the City or the Authority (except for such receipts as have been
pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City
shall be liable for the payment thereof from any fund or source including but not limited to tax
monies belonging to either thereof (except for such receipts as have been pledged pursuant to
Section 3.03). Neither the members of the Authority's governing body nor any person executing
the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance
thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all
events no later than 15 years from the effective date set forth in Section 3.01 hereof.
Section 3.03 Pledge of TIF Revenues.
The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF
Indebtedness.
Section 3.04 Grant of Proceeds of’ TIF Indebtedness.
From the proceeds of the TIF indebtedness incurred as described on Exhibit C, the
Authority shall grant the following sums to the following entities, to wit: 100% to the
Redeveloper for Project Costs.
Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of
Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon
certification that the Redeveloper has incurred or is obligated to incur such Project Costs which
include supporting documentation requested by Authority and shall, if requested by Redeveloper,
be made in one or more advances.
Section 3.05 Creation of Fund.
The Authority will create a special fund to collect and hold the TIF Revenues. Such
special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to
Sections 3.02 above.
ARTICLE IV
OBLIGATIONS OF REDEVELOPER
Section 4.01 Construction of Project; Insurance.
(a) Redeveloper will complete the Project and install all infrastructure, improvements,
buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper
shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct
and equip the Project. Until construction of the Project has been completed, Redeveloper shall
make reports in such detail and at such times as may be reasonably requested by the Authority as
to the actual progress of Redeveloper with respect to construction of the Project. Promptly after
completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a
Certificate of Completion. The certification by the Redeveloper shall be a conclusive
determination of satisfaction of the agreements and covenants in this Redevelopment Contract
with respect to the obligations of Redeveloper and its successors and assigns to construct the
Project. As used herein, the term “completion” shall meant substantial completion of the Project.
(b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be
required to obtain and keep in force at all times until completion of construction, policies of
insurance including coverage for contractors’ general liability and completed operations and a
penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named
as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an
owner, shall be required to purchase and maintain property insurance upon the Project to the full
insurable value thereof. This insurance shall insure against the perils of fire and extended
coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or
the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance
evidencing policies as required above. Such certificates shall state that the insurance companies
shall give the Authority prior written notice in the event of cancellation of or material change in
any of any of the policies.
(c) Redeveloper shall pay, on execution hereof the sum of $1,000.00 to the City of Grand
Island for administrative expenses related to payment of the tax increment revenue.
Section 4.02 Cost Certification.
Redeveloper shall submit to Authority a certification of Project Costs, on or before the
issuance of the TIF Indebtedness which shall contain detail and documentation showing the
payment or obligation for payment of Project Costs specified on the attached Exhibit D in an
amount at least equal to the grant to Redeveloper pursuant to Section 3.05.
Section 4.03 Legal Costs.
Redeveloper shall pay the Authority the sum of $5,000 for the costs incurred by the
Authority associated with the issuance of the TIF Indebtedness. Redeveloper understands that
the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not
the Redeveloper.
Section 4.04 No Discrimination.
Redeveloper agrees and covenants for itself, its successors and assigns that as long as any
TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons
on account of race, sex, color, religion, national origin, ancestry, disability, marital status or
receipt of public assistance in connection with the Project. Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Project, Redeveloper will not
discriminate against any employee or applicant for employment because of race, religion, sex,
color, national origin, ancestry, disability, marital status or receipt of public assistance.
Redeveloper will comply with all applicable federal, state and local laws related to the Project.
Section 4.05 Pay Real Estate Taxes.
Redeveloper intends to create a taxable real property valuation [over and above the
valuation thereof as the same existed on January 1, 2012] of the Redevelopment Project Area of
One Million Five Hundred Ninety Five Thousand Dollars ($1,595,000) no later than no later than
January 1, 2013. During the period that any TIF Indebtedness is outstanding, neither the
Redeveloper, nor its assigns, will (1) file a protest seeking to obtain a real estate property
valuation on the Redevelopment Area of less than the sum of: (a) One Million Five Hundred
Ninety Five Thousand Dollars ($1,595,000) and (b) the valuation of the Redevelopment Project
Area as the same existed on Janua ry 1, 2012; (2) convey the Redevelopment Area or structures
thereon to any entity which would be exempt from the payment of real estate taxes or cause the
nonpayment of such real estate taxes; nor (3) allow real estate taxes and assessments levied on
the Redevelopment Area and Project to become delinquent during the term that any TIF
Indebtedness is outstanding.
Section 4.07 Assignment or Conveyance.
Any assignment or conveyance of the any portion of the Redevelopment, the Project or
any interest therein prior to the termination of the 15 year period commencing on the effective
date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and
conditions of this Redevelopment Contract.
Section 4.08 Purchase of TIF Indebtedness.
The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount
thereof upon issuance of such debt. The Authority may provide that such purchase be offset
against the grant provided in Section 3.04 hereof.
Section 4.09 Penal Bond.
The Developer shall execute a penal bond for the Project with good and sufficient surety
to be approved by the Authority meeting the requirements of Section 18-2151, Reissue Revised
Statutes of Nebraska, as amended, on or prior to its execution of this Contract.
Section 4.10 Immigration Status.
The Redeveloper agrees that any contractor for the Project shall be required to agree to
use a federal immigration verification system (as defined in §4-114, R.S. Supp. 2009) to
determine the work eligibility status of new employees physically performing services on the
Project and to comply with all applicable requirements of §4-114, R.S. Supp. 2009.
ARTICLE V
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 5.01 Financing.
Redeveloper shall pay all Project Costs and any and all other costs related to the
Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds
of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness,
Redeveloper shall provide Authority with evidence satisfactory to the Authority that private
funds have been committed to the Redevelopment Project in amounts sufficient to complete the
Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other
amounts associated with the Project which shall include such other fees and expenses imposed
by the Authority.
ARTICLE VI
DEFAULT, REMEDIES; INDEMNIFICATION
Section 6.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VI, in the event of any failure to perform or
breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or
any successor to such party, such party, or successor, shall, upon written notice from the other,
proceed immediately to commence such actions as may be reasonably designed to cure or
remedy such failure to perform or breach which cure or remedy shall be accomplished within a
reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or
diligently pursued, or the failure to perform or breach shall not be cured or remedied within a
reasonable time, this Redevelopment Contract shall be in default and the aggrieved party
may institute such proceedings as may be necessary or desirable to enforce its rights under this
Redevelopment Contract, including, but not limited to, proceedings to compel specific
performance by the party failing to perform on in breach of its obligations.
Section 6.02 Additional Remedies of Authority
In the event that:
(a) the Redeveloper, on successor in interest, shall fail to complete the
construction of the Project on or before January 1, 2013, or shall abandon construction
work for any period of 90 days,
(b) the Redeveloper, on successor in interest, shall fail to pay real estate taxes
or assessments on the Redevelopment Area on any part thereof or payments in lieu of
taxes pursuant to Section 4.07 when due; or
(c) There is, in violation of Section 4.08 of this Redevelopment Contract, and
such failure or action by the Redeveloper has not been cured within 30 days following
written notice from Authority, then the Redeveloper shall be in default of this
Redevelopment Contract.
In the event of such failure to perform, breach or default occurs and is not cured in the
period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages
that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this
Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness,
plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The
Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of
demand from Authority.
Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%)
over the prime rate as published and modified in the Wall Street Journal from time to time and
interest shall commence from the date that the Authority gives notice to the Redeveloper
demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Project.
Section 6.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this Redevelopment
Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall
be in default. In such an instance, the Authority may seek to enforce the terms of this
Redevelopment Contract or exercise any other remedies that may be provided in this
Redevelopment Contract or by applicable law; provided, however, that the default covered by
this Section shall not give rise to a right or rescission on termination of this Redevelopment
Contract, and shall not be covered by the Liquidated Damages Amount.
Section 6.04 Forced Delay Beyond Party’s Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither the
Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation
of the Redevelopment Area for redevelopment, or the beginning and completion of construction
of the Project, or progress in respect thereto, in the event of forced delay in the performance of
such obligations due to unforeseeable causes beyond its control and without its fault or
negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the
Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather or delays in subcontractors due to such causes;
it being the purpose and intent of this provision that in the event of the occurrence of any such
forced delay, the time or times for performance of the obligations of the Authority or of the
Redeveloper with respect to construction of the Project, as the case may be, shall be extended for
the period of the forced delay: Provided, that the party seeking the benefit of the provisions of
this section shall, within thirty (30) days after the beginning of any such forced delay, have first
notified the other party thereto in writing, and of the cause or causes thereof and requested an
extension for the period of the forced delay.
Section 6.05 Limitations of Liability; Indemnification.
Notwithstanding anything in this Article VI or this Redevelopment Contract to the
contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their
governing bodies shall have any pecuniary obligation or monetary liability under this
Redevelopment Contract. The sole obligation of the Authority under this Redevelopment
Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds
thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the
City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF
Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or
Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of
any representations, warranties or obligations hereunder. The Redeveloper releases the City and
Authority from, agrees that neither the City or Authority shall be liable for, and agrees to
indemnify and hold the City and Authority harmless from any liability for any loss or damage to
property or any injury to or death of any person that may be occasioned by any cause whatsoever
pertaining to the Project.
The Redeveloper will indemnify and hold each of the City and Authority and their
directors, officers, agents, employees and member of their governing bodies free and harmless
from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including
litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or
injury, actual or claimed, of whatsoever kind or character, to property (including loss of use
thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term
of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether
on not related to the Project, or resulting from or in any way connected with specified events,
including the management of’ the Project, or in any way related to the enforcement of this
Redevelopment Contract or army other cause pertaining to the Project.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Notice Recording.
This Redevelopment Contract or a notice memorandum of this Redevelopme nt Contract
shall be recorded with the County Register of Deeds in which the Redevelopment Area is
located.
Section 7.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska,
including but not limited to the Act.
Section 7.03 Binding Effect; Amendment.
This Redevelopment Contract shall be binding on the parties hereto and their respective
successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area.
The Redevelopment Contract sha ll not be amended except by a writing signed by the party to be
bound.
Section 7.04 Third Party Enforcement,
The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the
benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the
Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment
Contract in a court of law.
IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment
Contract as of the date and year first above written.
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST: GRAND ISLAND, NEBRASKA
_________________________________ By:___________________________________
Secretary Chairman
Stratford Plaza, LLC
By:_____________________________
Manager
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL)
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by _______________ and ________________, Chair and Secretary, respectively, of the
Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the
Authority.
__________________________________
Notary Public
STATE OF NEBRASKA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by ___________________, Manager of Stratford Plaza, LLC, on behalf of the limited
liability company.
__________________________________
Notary Public
EXHIBIT A
Lot 11, Woodland Second Subdivision, an addition to the City of Grand Island, Hall County,
Nebraska, excepting therefrom a tract of land more particularly described in a Deed recorded as
Document No. 200007531 in the office of the Hall County, Nebraska office of the Register of
Deeds.
A-I
EXHIBIT B
DESCRIPTION OF PROJECT
Demo lition, rehabilitation and construction of an exterior façade and interior remodeling of
Howard Johnsons Hotel to provide a renovated restaurant for Denny’s together with additional
parking lot rehabilitation.
B- 1
EXHIBIT C
TIF INDEBTEDNESS
1. Principal Amount: $524,520.00 [annual payment amounts assumed are $34,968]
2. Payments: Semi-annually or more frequent, with payments limited to
annual incremental taxes revenues from the project.
3. Interest Rate: Zero percent (0.00%)
4. Maturity Date: On or before December 31, 2028.
C-1
EXHIBIT D
PROJECT COSTS
All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including:
1. Redevelopment Area rehabilitation and remodeling cost
2. Site demolition work and site preparation
3. Utility extensions, installation of gas, water, sewer and electrical lines and equipment
4. Façade improvements
5. Interior rehabilitation
D-1
Item E6
Public Hearing on Addition to Chapter 36 of the Grand Island
City Code Relative to Airport Approach and Turning Zones
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: February 14, 2012
Subject: Addition to Chapter 36 (Zoning)
Item #’s: E-6 & F-4
Presenter(s): Chad Nabity, Regional Planning Director
Background
Concerning proposed amendments to Chapter 36 of the Grand Island City Code (Zoning)
in the following area: §36-46 – Airport Approach and Turning Zones. (C-10-2012GI).
When the Grand Island Zoning regulations were updated and reconfigured in 2004 a
section on airport zoning appears to have been left out. This section is the specific
authority for the City to regulate the height of structures based on their proximity to the
airport and the turning radii of plane and flight paths based on the runway location.
The regulations apply to the entire zoning map as an overlay created using maps provided
to the airport and the City by the Nebraska Department of Aeronautics. City Staff is
suggesting that the following language be added back into the zoning regulation as §36-
46 – Airport Approach and Turning Zones
§36-46 Airport Approach and Turning Zones
(A) Height Restrictions: Notwithstanding height restrictions specified for any specific
zone set forth herein, no building, vegetation, or use of land shall be constructed, moved
in, or permitted to grow to a height exceeding the limits indicated on the zoning map
entitled “Airport Approach and Turning Zone” as shown on a zoning map prepared by
the Nebraska Department of Aeronautics, Engineering Division, dated November 12,
1974, revised January 17, 1985 and as amended July 17, 2002, by the Nebraska
Department of Aeronautics Engineering Division for the Central Nebraska Regional
Airport, Grand Island, Nebraska, and on file with the city clerk, which is part of this
ordinance.
The July 17, 2002 map is the most current map provided by the Nebraska Department of
Aeronautics.
Discussion
The readoption of this language into the Grand Island zoning regulations will enable the
City of Grand Island to protect the airport from encroachments in the approach and
turning zones. This is will protect the investment made by the local, state and national
governments in this infrastructure.
O’Neill opened the Public Hearing.
The Planning Commission held a public hearing on the proposed changes at their meeting
on February 1, 2012. No members of the public spoke in favor or against the proposed
changes.
There was no further discussion.
O’Neill closed the Public Hearing.
A motion was made by McCarty and seconded by Hayes to approve the amendments to
Chapter 36 of the Grand Island City Code. The motion carried with 10 members present
and all voting in favor (McCarty, O’Neill, Ruge, Bredthauer, Reynolds, Haskins, Hayes,
Connelly, Monter and Snodgrass) and no members 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 proposed changes as
recommended.
Sample Motion
Move to approve the proposed changes to Chapter 36 as recommended and shown in
Ordinance No. 9364.
Item E7
Public Hearing on the One & Six Year Street Improvement Plan
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Public Hearing on the One & Six Year Street
Improvement Plan
Item #’s: E-7 & I-5
Presenter(s): John Collins, Public Works Director
Terry Brown, Manager of Engineering Services
Background
Adoption of a One and Six Year Street Improvement Program is mandatory by State Law
as part of the requirements to receive approximately three million dollars of state gas tax
funds each year. The Public Works Department develops this program through a process
to prioritize street projects taking into consideration many factors such as:
· Availability of funds
· Condition of the street
· Traffic Counts
· Eligibility for State/Federal funds
· Redevelopment patterns
· Public/Council input
The process this year was expanded to include the 400 Capital Improvement Program
(CIP) scoring and ranking system that was first presented at the February 2009 City
Council Retreat.
The City engages in a public process to assure input into the policy making process. The
proposed One & Six Year Street Improvement Program is a result of the following steps:
· Tuesday, January 24, 2012 - City Council referred plan to Regional Planning
Commission
· Wednesday, February 1, 2012 - Regional Planning Commission conducted a
Public Hearing and forwarded the recommendation to the City Council
· Tuesday, February 14, 2012 - City Council hears presentation from staff, conducts
Public Hearing and passes a Resolutio n adopting the plan
· February 26th – 1 & 6 year Street Improvement Program due at the Nebraska
Department of Roads
Discussion
A public hearing was conducted, testimony received and discussion held on the One &
Six Year Street Improvement Program at the Grand Island/Hall County Regional
Planning Commission meeting on February 1, 2012. The commission forwarded the 1 &
6 Year Street Improvement Program to the council with a recommendation for approval.
The projects listed in the 1 & 6 Year Plan for calendar year 2012 are considered definite
projects. These projects were in the approved fiscal year 2012 budget. Many of the
projects listed in the 1 & 6 Plan for 2013 through 2017 are included in the City’s budget,
but are subject to schedule changes depending upon coordination and approval of state
and federal funding.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council conduct a Public Hearing and
approve the One and Six Year Street Improvement Program.
Sample Motion
Move to approve the One and Six Year Street Improvement Program.
2012 Construction Season
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310- 89 Capital Avenue Widening - Webb Road to Broadwell - PE $320 $256 $64
M310- 411 Husker Highway from US Highway 281 to Locust St $2,794 $2,674 $120
M310- 508 US Hwy 30 Drainage Improvements $892 $572 $320
M310- 515 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut $247 $140 $107
M310- 537 Realign Walnut Ent. @ Custer / 15th St w/ Signal $291 $227 $64
M310- 578 Highway 30 Concrete Repair (W of US Hwy 30 to Grant St) $847 $423 $424
M310- 579 Misc Federal Aid Resurfacing - Various Locations $385 $308 $77
M310- 591 Broadwell Avenue Shoulder Improvement @ BNSF $40 $40
M310- 593 Annual Asphalt Resurfacing Project $750 $610
M310- 267 Wood River/Blaine Bridge - Design $30 $30
M310- 459
Southwest Drainage Project (CCC to Wood River) [moving $70k
from Independence Ave Drainage]$500 $500
M310- 461 Construction of NW GI Flood Control Project $850 $475 $375
M310- 544 Concrete Lining of Drainage Ditches $50 $50
M310- 595
Highway 281 Drainage Project - Phase I (moving $125k from
Comp Drainage Plan)$125 $125
M310- 596 Storm Cell Improvements $10 $10
M310- 447 Trail along Moores Creek Drain - State to Capital Connector $504 $404 $100
M310- 572 Annual Sidewalk Projects $25 $25
M310- 590 Third & Wheeler Downtown Historical Lighting Project $308 $308
M310- 597 Annual Handicap Ramp Installation Project $125 $125
$9,093 $5,787 $3,166Totals:
Street Construction
(All costs in $1,000s)
Other
Street Resurfacing
Drainage & Flood Control
2/9/2012 Page 1 of 6
2013 Construction Season
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310- 508 US Highway 30 Drainage Improvements 382$ 243$ 139$
M310- 89 Capital Ave Widening - Webb Road to Broadwell - PE/ROW 310$ 248$ 62$
M310- 267 Blaine St bridges over Wood River 100$ 100$
M310- 584A Stolley Park Corridor Improvements (Design)20$ 20$
M310- 535A Barr Middle School Traffic Circulation Improvements (Design) $ 20 $ 20
M310- 598 Airport Rd & Sky Park Rd Intersection Improvements 60$ 60$
M310- 579 Misc Federal Aid Resurfacing - Various Locations 3,010$ 2,408$ 602$
M310- 546
Annual Paving Program (Assessment Districts) - W Stolley Park
Rd & Westwood Park Sub 920$ 920$
M310- 599 Sky Park Improvements - Airport Rd to Abbott Rd 700$ 700$
M310- 600 Annual Asphalt Resurfacing Project 750$ 750$
M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$
M310- 485 PVIP Drainage Project - Phase I (Design) 80$ 80$
M310- 507 Independence Avenue Drainage - Design 80$ 80$
M310- 507 Independence - Construct Culverts & Fill in West Ditch 350$ 350$
M310- 549 Concrete Lining of Drainage Ditches 50$ 50$
M310- 568 Update Moores Creek Drainage Plan 78$ 39$ 39$
M310- 601 Storm Cell Improvements 10$ 10$
M310- 602 Highway 281 Drainage Project - Phase II 125$ 125$
M310- 572 Annual Sidewalk Projects 25$ 25$
M310- 605
Trail along Broadwell Ave - Capital Ave to Eagle Scout Park -
PE 42$ 34$ 8$
7,962$ 3,447$ 4,515$ Totals:
(All costs in $1,000s)
Other
Street Construction
Street Resurfacing
Drainage & Flood Control
2/9/2012 Page 2 of 6
2014 Construction Season
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310- 89 Capital Ave Widening - Webb Rd to Broadwell Ave 3,795$ 3,036$ 759$
M310- 353 Faidley Avenue - North Rd east to Irongate Ave (approx. 2,000')700$ 700$
M310- 518
Quiet Zone - UPRR Corridor - Lincoln, Broadwell &
Blaine/Custer 530$ 100$ 430$
M310- 584 Stolley Park Corridor Improvements 1,000$ 900$ 100$
M310- 535 Barr Middle School Traffic Circulation Improvements $ 360 $ 360
M310- 580 Highway 281 Southbound Repair 200$ 100$ 100$
M310- 581 US Highway 30 Resurfacing - West City Limits to Highway 281 4,360$ 4,160$ 200$
M310- 606 Webb Rd & State St Intersection (Geometrics)50$ 50$
M310- 607 Diers Ave & State Street / US Hwy 281 - Design (Geometrics)100$ 100$
M310- 608 Locust St & Anna St (Geometrics)75$ 75$
M310- 609 Sky Park Road Improvements (Capital Ave to Airport Rd)800$ 800$
M310- 610
Sycamore St Underpass - Complete Rebuild/Rehab
(drainage/pavement) - Phase I 500$ 500$
M310- 611 Annual Asphalt Resurfacing Project 750$ 750$
M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$
M310- 559 Concrete Lining of Drainage Ditches 50$ 50$
M310- 612 Highway 281 Drainage Project - Phase III 125$ 125$
M310- 613 Storm Cell Improvements 10$ 10$
M310- 603 Comprehensive Drainage Plan 125$ 125$
M310- 614 PVIPDrainage Project - Phase II 750$ 750$
M310- 604 Highway 281 Safety Enhancement Improvement Project 1,000$ 800$ 200$
M310- 517 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake 210$ 168$ 42$
M310- 572 Annual Sidewalk Projects 25$ 25$
16,365$ 9,739$ 6,626$ Totals:
(All costs in $1,000s)
Other
Street Construction
Street Resurfacing
Drainage & Flood Control
2/9/2012 Page 3 of 6
2015 Construction Season
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310-611 Sycamore St Underpass - Complete Rebuild/Rehab
(drainage/pavement) - Phase II 500$ 500$
M310- 458 Signal @ US Highway 34/281 and Wildwood Rd 150$ 150$
M310- 616 Annual Asphalt Resurfacing Project 750$ 750$
M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$
M310- 563 Concrete Lining of Drainage Ditches 50$ 50$
M310- 617 Storm Cell Improvements 10$ 10$
M310- 497
Lighting on US Highway 281 from Stolley Park Rd to Old Potash
Hwy 250$ 250$
M310- 517 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake 820$ 656$ 164$
M310- 572 Annual Sidewalk Projects 25$ 25$
3,405$ 1,131$ 2,274$ Totals:
(All costs in $1,000s)
Other
Street Construction
Street Resurfacing
Drainage & Flood Control
2/9/2012 Page 4 of 6
2016 Construction Season
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310- 611
Sycamore St Underpass - Complete Rebuild/Rehab
(drainage/pavement) Phase III 500$ 500$
M310- 618
Eddy Street Underpass Complete Rebuild/Rehab
(drainage/pavement) - Phase I 500$ 500$
M310- 619 Annual Asphalt Resurfacing Project 750$ 750$
M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$
M310- 573 Concrete Lining of Drainage Ditches 50$ 50$
M310- 620 Storm Cell Improvements 10$ 10$
M310- 572 Annual Sidewalk Projects 25$ 25$
2,685$ 475$ 2,210$ Totals:
Other
Street Resurfacing
Street Resurfacing
Drainage & Flood Control
2/9/2012 Page 5 of 6
2017 and After Construction
No. Project Description Total Project
State Federal
Other
City Cap.
Impr. Fund
M310-618 Eddy St Underpass Complete Rebuild/Rehab
(drainage/pavement) - Phase II & III 1,000$ 1,000$
M310- 352 Hwy 30 Relocation - US 281 West 18,000$ 9,000$ 9,000$
M310- 499A
Broadwell Ave/UPRR - Environmental Study/Preliminary
Engineering 640$ 640$
M310- 499A Broadwell Ave/UPRR - Final Design & ROW Appraisal 128$ 128$
M310- 499A Broadwell Ave/UPRR - ROW 1,000$ 1,000$
M310- 499 Broadwell Ave/UPRR - Construction 10,800$ 8,640$ 2,160$
M310- 502 Shady Bend Rd @ UPRR -E Bypass 16,000$ 12,800$ 3,200$
M310- 520 Capital Ave - Broadwell Ave to St Paul Rd 1,000$ 1,000$
M310- 521 Swift Rd - WWTP to Stuhr Rd 450$ 450$
M310- 528 State/Diers Intersection Improvements 390$ 390$
M310- 533 Husker Hwy W of US Hwy 34/281 Intersection 1,200$ 1,200$
M310- 538 Capital Ave & North Rd Intersection Improvement 360$ 360$
M310- 539 3rd St Widening - Adams to Eddy 90$ 90$
M310- 540 North Rd & 13th St Intersection Improvements 300$ 300$
M310- 545 Signal @ US Hwy 34/281 and Rae Rd 135$ 68$ 67$
M310- 550 Left Turn Lane - North Rd @ NWHS 56$ 56$
M310- 551 Stolley Park Rd & North Rd Intersection 146$ 146$
M310- 552 Left Turn Lane on Husker Hwy @ HLHS 62$ 62$
M310- 553 Left Turn Lane on 13th @ Redwood/Mansfield 62$ 62$
M310- 554 Resurface Wildwood from US Hwy 281 to Locust St 876$ 876$
M310- 556 North Rd over UPRR 7,600$ 6,080$ 1,520$
M310- 564 Stolley - Fonner/HEC/Fair Entrance to Stuhr Rd 920$ 920$
M310- 574 Misc. Signals - TBD 112$ 112$
M310- 583 North Rd & Old Potash Intersection Improvements 300$ 300$
M310- 585 State Street - Webb Rd to Broadwell Ave Safety Improvement 1,500$ 1,350$ 150$
M310- 586 Broadwell Ave - Capital to Airport Rd 6,000$ 6,000$
M310- 587 Webb Rd - UPRR to south of Stolley Park Rd 7,500$ 7,500$
M310- 588 Blaine St - Schimmer Dr to Wildwood Dr 1,000$ 1,000$
M310-Annual Asphalt Resurfaincg Project 750$ 750$
M310- 511 Moores Creek - Old Potash to Edna 150$ 150$
M310- 576 Misc. Major Drainage Development 500$ 250$ 250$
M310- 589 Concrete Lining of Drainage Ditches 50$ 50$
M310- 527 Misc. Safety Projects - TBD 150$ 150$
M310- 565 Trail along Locust from US Hwy 34 to Stagecoach 600$ 480$ 120$
M310- 572 Annual Sidewalk Projects 25$ 25$
79,852$ 38,668$ 41,184$
Other
Street Construction
Street Resurfacing
Drainage & Flood Control
Totals:
2/9/2012 Page 6 of 6
Item E8
Public Hearing on Acquisition of Utility Easement - 1819 East 7th
Street - Global Industries & Eihusen
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Acquisition of Utility Easement – 1819 East 7th Street –
Global Industries & Eihusen
Item #’s: E-8 & G-8
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 Global
Industries and D. J. Eihusen, having Power of Attorney for Robert G. Eihusen, located along
the east side of the building located at 1819 East 7th Street, 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, high voltage power cable, and a
pad-mounted transformer to provide electrical power to the new business opened by Global
Industries.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item F1
#9361 - Consideration of Determining Benefits for Street
Improvement District No. 1256; Capital Avenue from the Moores
Creek Drain to Webb Road
This item relates to the aforementioned Board of Equalization item D-1.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9361
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 1256 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
street improvements in said Street Improvement District No. 1256, as adjudged by the Mayor
and Council of the City, to the extent of benefits thereto by reason of such improvement, after
due notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Street Improvement District No. 1256
The Pinnacle Agency LLC Lot 10, Bosselman 2nd Subdivision $6,047.96
The Pinnacle Agency LLC Lot 11, Bosselman 2nd Subdivision $34,271.79
Dale L & Shirley Skow Lot 12, Bosselman 2nd Subdivision $44,335.36
ORDINANCE NO. 9361 (Cont.)
- 2 -
Mid Nebraska Foundation Inc. Lot 13, Bosselman 2nd Subdivision
$7,831.63
Bosselman Inc. S 100’ Lot 1, Bosselman Subdivision $2,878.83
Bosselman Inc. Lot 2, Bosselman Subdivision $34,606.93
Bluestem Properties LLC Lot 3, Bosselman Subdivision $37,497.37
Bluestem Properties LLC Lot 4, Bosselman Subdivision $3,289.69
Casey Retail Copmany Lot 1, Block 1, Dickey Subdivision $28,792.34
Library Restaurant & Lounge Inc. S 64’ of S ½ Lot 2, Block 1, Dickey Subdivision $1,044.28
Robert D & Patricia J Hancock Lot 1, Bels 2nd Subdivision $7,815.74
Robert D & Patricia J Hancock Lot 2, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 3, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 4, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 5, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 6, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 7, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 8, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 9, Bels 2nd Subdivision $7,975.25
Thomas J Lemke Lot 2, Lemke Subdivision $3,370.73
Jeff & Jamie A Vinson Lot 1, Lemke Subdivision $12,579.76
City of Grand Island Part of SE ¼, SE ¼ of Section 1-11-10 $29,836.62
Detention Cell D-1
O’Connor Enterprises Inc. Parcel 1: A part of the SE ¼ of Section 1-11-10 $37,023.90
West of the 6th p.m., described as follows, to-wit:
Commencing at a point at the SE corner of Section
1-11-10, running N 165’ parallel to the center of the
Road along the E section line; thence running in a
westerly direction 264’ parallel to the center of the
road, along the S side of said Section; thence E 264’
to the place of beginning, except a certain tract
deeded to the City of Grand Island recorded as
Document No.83-003899, Hall County, Nebraska.
And part of the SE ¼ of Section 1-11-10 west of the
6th p.m., mo re particularly described as follows:
Beginning at a point on the E line of said SE ¼, which
point is 165’ N of the SE corner of said SE ¼ of said
Section, running thence N along the E line of said SE ¼
165’, running thence W parallel to the S line of said
SE ¼ of said Section 264’, running thence S parallel to
the E line of sais Se ¼, 165’, running thence E parallel
to the S line of said Se ¼ 264’ to the actual point of beginning.
Northwest Crossings LLC Lot 1, Bels Subdivision $6,899.52
DBA Ga teway Shopping Center
Northwest Crossings LLC Lot 2, Bels Subdivision $6,851.13
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 3, Bels Subdivision $6,794.69
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 4, Bels Subdivision $6,753.56
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 5, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 6, Bels Subdivision $6,733.40
ORDINANCE NO. 9361 (Cont.)
- 3 -
Northwest Crossings LLC Lot 7, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 8, Bels Subdivision $6,167.84
DBA Gateway Shopping Center
Gordman Grand Island LLC N 300’ of Lot 4, Grand Island Plaza Subdivision $28,191.49
Gordman Grand Island LLC Lot 3, Grand Island Plaza Subdivision $52,100.57
Gordman Grand Island LLC Lot 2, Grand Island Plaza Subdivision $9,016.88
Gordman Grand Island LLC A tract of land comprising of part of the E ½ of $29,346.33
the NE ¼ of Section 12-11-10 west of the 6th p.m.,
Hall County, Nebraska, more particularly described
as follows: Commencing at a pint 75’ E of the NW
corner of said E1/2 NE ¼ on the N line of said E ½
NE ¼; thence continuing easterly along the N line of
said E ½ NE ¼ a distance of 200’; thence southerly
and parallel to the westerly line of said E ½ NE ¼ a
distance of 217.8’; thence westerly and parallel to the
N line of said E ½ NE ¼ a distance of 200’ to a point
on the easterly right of way of US Highway No. 281;
thence northerly along and upon the E right of way line
of US Highway No. 281 a distance of 217.8’ to the point
of beginning.
John R Menard Lot 6, Menard 2nd Subdivision $38,567.49
Southeast Crossing LLC Lot 7, Menard 2nd Subdivision $1,069.20
City of Grand Island Pt NW ¼, NE ¼, Section 12-11-10 $59,553.89
Detention Cell C-1
John R Menard Lot 3, Menard 2nd Subdivision $20,455.15
John R Menard Lot 2, Menard 2nd Subdivision $37,756.19
City of Grand Island Beginning at the N ¼ corner of Section 12-11-10 $13,895.80
Utilities Substation West of the 6th p.m.; thence on an assumed bearing
of S 89°20’09” E along the N line of the NW ¼ of
the NE ¼ of said Section 12, a distance of 75’; thence
S 00° 03’ 30” E along a line parallel to the W line of
the NW ¼ of the NE ¼ of said Section 12, a distance
of 33’ to the S right of way line of Capital Avenue;
thence continuing s 00° 03’ 30” E , a distance of 237’;
thence s 89° 20’ 09” E, a distance of 248’; thence
N 89° 20’ 09” W along a line parallel to the N line of
the NW ¼ of the NE ¼ of said Section 12 a distance
of 323’ to a point on the W line of the NW ¼ of the
NE ¼ of said Section 12; thence N 00° 03’ 30” W along
the W line of the NW ¼ of the NE ¼ of said Section 12,
a distance of 537’ to the S right of way line of Capital
Avenue; thence continuing N 00° 03’ 30” W, a distance
of 33’ to the point of beginning, containing 2.68 acres,
more or less, all as shown on the plat marked Exhibit “A”,
dated 7-18-95, attached hereto and incorporated herein by
reference.
City of Grand Island Part of NE ¼, NW 1/4 of Section 12-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
City of Grand Island Part of SE ¼ of SW ¼, Section 1-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
WBP Partnership Part of the E ½ of the NE ¼ of Section 12-11-10 $8,382.48
West of the 6th p.m., Hall County, Nebraska, more particularly
described as follows: Beginning at a point on the Section
ORDINANCE NO. 9361 (Cont.)
- 4 -
line, said point being 200; S of the NE corner of said
Section 12; running thence W and parallel to the N section
line of said Section 12, a distance of 418’; running thence
S parallel to the E section line of said Section 12, a distance
of 228’; running thence E parallel to the N section line of
said Section 12, a distance of 418’; running thence N on
the section line of said Section 12, a distance of 228’ to
the point of beginning, except for parts deeded in Deeds
recorded as Document No. 83-004647 and Document
No. 84-001480 in the Register of Deeds Office, Hall
County, Nebraska.
TOTAL $732,831.98
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Street Improvement Fund” for Street Improvement District No. 1256.
ORDINANCE NO. 9361 (Cont.)
- 5 -
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: February 14, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9362 - Consideration of Request to Rezone Property Located at
1115 & 1116 Cedar Ridge Court from RD - Residential
Development to R4 - High Density Residential
This item relates to the aforementioned Public Hearing item E-2.
Tuesday, February 14, 2012
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. 9362
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 Lots 1
and 2 of Oak Pointe Subdivision, from RD Residential Development Zone to R4 High Density
Residential, 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 February 1, 2012, 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 ame nded; and
WHEREAS, after public hearing on February 14, 2012, 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 RD Residential Development Zone to R4 High Density Residential:
Described Lots 1 and 2 of Oak Pointe Subdivision, in the City of Grand Island,
Hall County, Nebraska.
ORDINANCE NO. 9362 (Cont.)
- 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 pamphlet format as provided by law.
Enacted: February 14, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9363 - Consideration of Annexation of Property Located South of
US Highway 34 and West of South Blaine Street - Annexation Area
8b (includes Rainbow Lake Area).
This item relates to the aforementioned Public Hearing item E-3.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
ORDINANCE NO. 9363
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, tracts of land east of Blaine Street and
south of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County,
Nebraska referenced as annexation area “8b”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 January 4, 2012, 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 East Line Of The Southwest Quarter Section 28-11-9
Where It Intersects The North Right Of Way Line Of Nebraska Hwy 34, Husker
Highway Said Point Being 92.4’ North Of The Quarter Corner Common To The
Southwest Quarter Section 28-11-9 And The Northwest Quarter Section 33-11-9 Thence
Southerly On The Easterly Line Of Southwest Quarter Of Section 28-11-9 For A
Distance Of 92.4’ To The Southeast Corne r Of Southwest Quarter Section 28-11-9
Thence Continuing Southerly On The East Line Of Northwest Quarter Section 33-11-9
To The Southeast Corner Of Said Northwest Quarter Section 33-11-9 Thence Continuing
Southerly On The East Line Of The Southwest Quarter Section 33-11-9 For A Distance
* This Space Reserved For Register of Deeds *
ORDINANCE NO. 9363 (Cont.)
- 2 -
Of 153.29’ Thence Westerly On A Line153.29’ South Of And Parallel To The North
Line Of Said Southwest Quarter Section 33-11-9 To A Point On The West Line Of
Section 33-11-9 Thence Northerly On The West Line Of Section 33-11-9 To The
Southwest Corner Of Rainbow Lake Third Subdivision Thence Continuing North On The
West Line Of Rainbow Lake Third Subdivision, Rainbow Lake Subdivision To The
Northwest Corner Of Rainbow Lake Subdivision, Said Point Also Being The Northwest
Corner Of North Half Of South Half Of Northwest Quarter Section 33-11-9 Thence
Continuing Northerly On The West Line Of Section 33-11-9 To The Northwest Corner
Lake Heritage Subdivision Thence Easterly On The North Line Of Lake Heritage
Subdivision For A Distance Of 357’ The Southeasterly On A Line For A Distance Of
136.52’ Thence Southwesterly On A Line For A Distance Of 91.01’ To The North Line
Of Bass Road Thence South On A Line Perpendicular To The North Line Of Bass Road
To The South Line Of Bass Road Thence Easterly On The South Line Of Bass Road To
A Point Being An Extension Of The East Line Of Lake Heritage Second Subdivision
Thence Northerly On The Line Of Lake Heritage Second Subdivision And Said
Extension To A Point 223.81’ North Of The North Line Of Bass Road Thence
Northeasterly On A Line For A Distance Of 128.88’ Thence Northerly On A Line For A
Distance Of 588.44’ To A Point On The South Line Of Lot 5 Lake Heritage Second
Subdivision Thence Northeasterly On A Line For A Distance Of 74.74’ Thence
Northerly On The East Line Of Lot 5 Lake Heritage Second Subdivision And An
Extension There Of To The North Line Of Nebraska State Highway No. 34 Thence
Easterly On The North Line Of Nebraska Highway 34, Husker Highway To the Point Of
Being.
WHEREAS, after public hearing on February 14, 2012, the City Council of the
City of Grand Island found and determined that such annexation be approved; and
WHEREAS, on February 14, 2012, 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.
ORDINANCE NO. 9363 (Cont.)
- 3 -
(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
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,
ORDINANCE NO. 9363 (Cont.)
- 4 -
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: February 14, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
ORDINANCE NO. 9363 (Cont.)
- 5 -
Exhibit A
Item F4
#9364 - Consideration of Addition to Chapter 36 of the Grand
Island City Code Relative to Airport Approach and Turning Zones
This item relates to the aforementioned Public Hearing item E-6.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
ORDINANCE NO. 9364
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
add Section 36-46 pertaining to the Airport Approach and Turning Zone and to repeal any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-46 of the Grand Island City Code is hereby amended to
read as follows:
§36-46 Airport Approach and Turning Zones
(A) Height Restrictions: Notwithstanding height restrictions specified for any specific zone set
forth herein, no building, vegetation, or use of land shall be constructed, moved in, or permitted
to grow to a height exceeding the limits indicated on the zoning map entitled “Airport Approach
and Turning Zone” as shown on a zoning map prepared by the Nebraska Department of
Aeronautics, Engineering Division, dated November 12, 1974, revised January 17, 1985 and as
amended July 17, 2002, by the Nebraska Department of Aeronautics Engineering Division for
the Central Nebraska Regional Airport, Grand Island, Nebraska, and on file with the city clerk,
which is part of this ordinance.
SECTION 2. Section 36-46 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect March 1, 2012.
Enacted: February 14, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of January 24, 2012 City Council Regular
Meeting
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 24, 2012
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on January 24, 2012. Notice of the meeting was given in The Grand Island Independent
on January 18, 2012.
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, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. 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 Chad Boling, First United Methodist Church, 4190 West
Capital Avenue followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council
members Ashley Bykerk and Brianna Vitera along with Board member Erin Blauhorn.
City Administrator Mary Lou Brown updated Council on 13 legislative bills that had impact to
the City. LB 729 – Update Community Deve lopment Law; :LB 745 - Occupation Taxes; LB 766
- Hazmat legislation; LB 813 - Credential Licensing; LB 847 - Enhanced 911 Wireless; LB 864 -
Bond Recording Duties; LB 868 - Bi-Annual Budgets for First Class; LB 918 - Tax Increment
Financing; LB 932 - Sanitary Improvement Districts Voting; LB 956 - Local Option Sales Tax;
LB 1001 - Creation of a Building Code Advisory Committee; LB 1082 - Change in Police
Pension Calculation; and LB 1114 - Municipal Equalization Fund.
Mayor Vavricek commented on an advertisement in the Grand Island Independent concerning
the Wastewater Treatment Plant submitted by IBEW.
Councilmember Haase was recognized to speak and cited an order of the day. Mayor Vavricek
ruled the member’s point of order had no merit since the question was raised at the conclusion of
the Mayor’s comments.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Russ Bolling, Firefighter/Paramedic for 20 Years of Service with the City of
Grand Island. Mayor Vavricek and the City Council recognized Russ Bolling,
Firefighter/Paramedic for 20 years of service with the City of Grand Island. Mr. Bolling was
present for the recognition.
Recognition of the Central Nebraska Regional Airport. Mayor Vavricek and the City Council
recognized the outstanding air service provided by the Central Nebraska Regional Airport
(CNRA) to the people of central Nebraska. Executive Director Mike Olson commented on the
successes of the airport. There was a 500% increase in boarding’s over the last three plus years.
Page 2, City Council Regular Meeting, January 24, 2012
American Eagle was very pleased with the performance of Grand Island. Aligant Air had over a
90% load factor on every plane since 2008. Over the next few years they would construct a new
terminal and expand the primary runway. The Airport would like to turn sewer lines over to the
City. Over the next five years the Airport would expend over $117,000,000. Harold Rosenkotter,
4110 Terra Circle spoke about the improvements at CNRA.
PUBLIC HEARINGS:
Public Hearing on Request from Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418
North Webb Road, Suite A for a Class “I” Liquor License. This item was pulled from the agenda
at the request of the Applicants attorney.
Public Hearing on Request from Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd
Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application
for a Class “C” Liquor License had been received from Rodrigo Sanchez dba El Centenario Bar
& Grill, 316 East 2nd Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on December
21, 2011; notice to the general public of date, time, and place of hearing published on January
14, 2012; notice to the applicant of date, time, and place of hearing mailed on December 21,
2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final
inspections. Jerry Janulewicz, 308 North Locust Street, attorney for the applicant spoke in
support and introduced Rodrigo Sanchez. No further public testimony was heard.
Public Hearing on Acquisition of Real Estate Located South of the BNSF Railroad Tracks
between Bismark Road and Stuhr Road (T & S Land Development, LLC). Utilities Director Tim
Luchsinger reported that acquisition of real estate located south of the BNSF Railroad Tracks
between Bismark Road and Stuhr Road was needed to relocate utility lines for the BNSF second
track project. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Real Estate Located South of the BNSF Railroad Tracks
between Bismark Road and Stuhr Road (Gary R. Jacobson, Lloyd B. & Carol J. Gunderson,
Trustees o/b/o Jocar Living Trust). Utilities Director Tim Luchsinger reported that acquisition of
real estate located south of the BNSF Railroad Tracks between Bismark Road and Stuhr Road
was needed to relocate utility lines for the BNSF second track project. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement in Timberline Second Subdivision
(HBCC Timberline, LLC). Public Works Director John Collins reported that acquisition of a
utility easement located in Timberline Second Subdivision was needed to allow for the
construction, operation, maintenance, extension, repair, replacement, and removal of public utilities
within the easement for the Burlington Northern Santa Fe Railroad double track project. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 4030 East Highway 30 (Robert
and Julie Stahla). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 4030 East Highway 30 was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers for the purpose of
installing underground conduit, high voltage cable and a pad-mounted transformer to supply
Page 3, City Council Regular Meeting, January 24, 2012
three phase electricity to a new business. Staff recommended approval. No public testimony was
heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9358 – Consideration of Vacation of a Utility Easement Located in Timberline Second
Subdivision (HBCC Timberline LLC)
#9359 – Consideration of Vacation of Thorn Street West’s Subdivision (Personal
Automotive Services, Inc.)
#9560 – Consideration of Vacation of a Utility Easement Located in Platte Valley
Industrial Park Third Subdivision (4201 Gold Core Drive – Royce and Janice Carville)
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 Gericke second the motion. Upon roll call vote, all voted aye. Motion adopted.
Public Works Director John Collins reported Ordinance 9358 was a request from Bur lington
Northern Santa Fe Railroad to vacate a 30 foot wide utility easement and relocate it further north.
Ordinance #9359 was a request from Personal Automotive Services, Inc. to vacate Thorn Street
to be used for parking, storage and placement of a business sign. The City had no intended use
for the street right-of-way. Ordinance #9560 was a request from Royce and Janice Carville to
vacate a 55 foot wide utility easement to allow for future building expansion and detention pond
for the FedEx property at 4201 Gold Core Drive.
Motion by Gericke, second by Haase to approve Ordinances #9358, #9359 and #9360.
City Clerk: Ordinances #9358, #9359 and #9360 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 #9358, #9359 and #9360 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 #9358, #9359 and #9360 are declared to be lawfully adopted upon publication as
required by law.
CONSENT AGENDA: Motion by Ramsey, second by Gard to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of January 10, 2012 City Council Regular Meeting.
Approving Minutes of January 17, 2012 City Council Special Meeting.
Page 4, City Council Regular Meeting, January 24, 2012
#2012-15 – Approving Acquisition of Real Estate Located South of the BNSF Railroad Tracks
between Bismark Road and Stuhr Road (T & S Land Development, LLC).
#2012-16 – Approving Acquisition of Real Estate Located South of the BNSF Railroad Tracks
between Bismark Road and Stuhr Road (Gary R. Jacobson, Lloyd B. & Carol J. Gunderson,
Trustees o/b/o Jocar Living Trust).
#2012-17 – Approving Acquisition of Utility Easement Located at 4030 East Highway 30
(Robert and Julie Stahla).
#2012-18 – Approving State Bid Contract for (4) Four Police Vehicles with Anderson Ford,
Grand Island, Nebraska in an Amount of $106,096.00.
#2012-19 – Approving Bid Award for One (1) 2012 Four Wheel Drive Front End Loader for the
Solid Waste Division with Nebraska Machinery of Doniphan, Nebraska in an Amount of
$218,533.00.
#2012-20 – Approving Acquisition of Public Utility Easement Located in Timberline Second
Subdivision (HBCC Timberline LLC).
#2012-21 – Approving Union Pacific Railroad Pipeline Crossing Agreement – Sanitary Sewer
District 527T – Wildwood Drive and Schimmer Drive.
#2012-22 – Approving Change Order #1 for Burdick Reservoir Painting with Linder Painting,
Inc. of Seward, Nebraska for an Increase of $2,900.00 and a Revised Contract Amount of
$397,020.00.
REQUEST S AND REFERRALS:
Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning
Commission. Public Works Engineer Terry Brown reported that adoption of a One and Six Year
Street Improvement Plan was required by State law as part of the requirements to receive
approximately three million dollars of gas tax funds each year. If approved for referral, the
Regional Planning Commission would conduct a Public Hearing at their February 1, 2012
meeting and would forward their recommendations to the City Counc il at their February 14,
2012 regular meeting. The report would then be submitted to the Nebraska Department of Roads
by March 1, 2012. A PowerPoint presentation was given showing the 2012, 2013, 2014, 2015,
2016, and 2017 and beyond Construction projects and amounts.
Discussion was held regarding traffic flow during construction on Highway 30 & 34. Mr. Brown
stated the roads would not be closed but would be rerouted.
Motion by Gilbert, second by Niemann to approve referring the One & Six Year Street
Improvement Plan to the Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
Page 5, City Council Regular Meeting, January 24, 2012
RESOLUTIONS:
#2012-23 – Consideration of Request from Gordo’s, Inc. dba El Mariachi Authentic Mexican
Food, 2418 North Webb Road, Suite A for a Class “I” Liquor License and Liquor Manager
Designation for Jose Bravo, 2307 Plum Creek, Lexington, Nebraska. This item was pulled from
the agenda at the request of the Applicants attorney.
#2012-24 – Consideration of Request from Rodrigo Sanchez dba El Centenario Bar & Grill, 316
East 2nd Street for a Class “C” Liquor License. This item related to the aforementioned Public
Hearing.
Motion by Haase, second by Donaldson to approve Resolution #2012-24 contingent upon final
inspections and completion of a state approved alcohol server/seller training program. Upon roll
call vote, all voted aye. Motion adopted.
#2012-25 – Consideration of Lincoln Park Swimming Pool. Parks & Recreation Director Steve
Paustian reported that at the January 17, 2012 Study Session, discussion took place regarding
rehabilitation and new construction options of the Lincoln Park pool project. New construction in
the amount of $1,550,000 would be budgeted to move this project forward with Council’s
approval.
Motion by Dugan, second by Carney to approve Resolution #2012-25. Upon roll call vote, all
voted aye. Motion adopted.
#2012-5 – Consideration of Contract for Installation & Purchase of 911 CPE System. Emergency
Management Director Jon Rosenlund reported that bids were let for the installation and purchase
of 911 CPE System. Currently the City used 4 consoles in the 911 center. Discussion was held
regarding 4 versus 5 consoles. Mr. Rosenlund stated in order to reduce cost the department
decided to go with 4 consoles which would replace the current ones. Explained was the current
system and software licenses.
Motion by Haase, second by Niemann to approve Resolution #2012-5. 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 January 11, 2012
through January 24, 2012, for a total amount of $3,547,718.14. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:43 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of January 31, 2012 City Council Study Session
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
January 31, 2012
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
January 31, 2012. Notice of the meeting was given in the Grand Island Independent on January
25, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s
were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. 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 Dillon Spies followed by the
PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council members Dillon Spies and McKenzie
Reed.
Also mentioned was that item 3 – Update Concerning the Wastewater Treatment Plant
Headworks Project had been pulled from the agenda because the presentation was received after
the agenda and packet were released and Council and the public did not have an opportunity to
review it. This would be brought to a future Study Session.
OTHER ITEMS:
Update Concerning Heartland Events Center Operations. City Administrator Mary Lou Brown
commented on the $20.6 million asset of the Heartland Events Center (HEC). The City entered
into a Lease Purchase Agreement in 2004 and the last payment will be made in 2024 at which
time the City will own the building. The Management Agreement required an annual accounting
to the City Council of which this was the first.
Marcy Luth, CPA with Almquist Maltzahn Galloway & Luth gave a financial overview of the
Heartland Events Center (HEC). This organization was formed in 1998 with pledges starting to
be received in 2000. Cash/Certificates of Deposit/Trust Investments in 2004 were $8,674,653.
Over the years the cash went down due to construction of the $20,000,000 building. There was a
balance of $1,307,470 in 2011 of which $300,000 had been designated for maintenance.
Net assets in 2011 were $399,055. Equipment costs reflected HEC investment had risen over the
years with a 2011 preliminary ending balance of $979,438.
There were two bonds for HEC, one from the City of Grand Island and the other from Hall
County. Contributions and Grants preliminary balance for 2011 was $247,738. Operating
Page 2, City Council Study Session, January 31, 2012
expenses over the last three years were over $3,000,000 each year or about $300,000 each
month.
Discussion was held regarding the operating cost for Fonner Park employees who helped market
the HEC. Ms. Luth stated the employees were Fonner Park employees and HEC paid Fonner
Park. Depreciated value of HEC by 2024 was estimated at $5,000,000.
Hugh Miner, Fonner Park CEO presented a PowerPoint of the history of the HEC. In the 1950’s
there was no permanent location for the Hall County Fair. In 1953 a group of leaders met to
address the need to develop a permanent site for the county fair and host other community and
area events.
At a joint meeting between Fonner Park and the Hall County Agricultural Society reached an
agreement to work together. The Fonner group formed a non-profit public service corporation –
the Hall County Livestock Improvement Association, Inc. Land was purchased from Gus
Fonner. $220,000 was raised to purchase land, build a race track, grandstand and barns to be
used for racing, and be the location of the Hall County Fair and other community events.
A racing license to conduct thoroughbred race meets was received from the Nebraska State
Racing Commission. In 1954 the first race took place. Future growth took place over the years at
Fonner Park.
The first attempt to build an 8,000 seat facility was placed on the ballot on November 7, 1989 to
be funded by a sales tax and was not approved by voters. In 1995 the issue was again on the
ballot to be funded again by a 1/2 percent city sales tax and was not successful. In 1997, The
Heartland Vision 2000 Study Group identified an Events Center as the Top Goal to accomplish.
In 1997, several motel owners met with Fonner Park CEO, Hugh Miner and asked if Fonner Park
would consider taking the lead role in the development of a year round community facility on
behalf of the community and motels. The City of Grand Island authorized the implementation of
a 2% lodging tax to be used by the Heartland Events Center. The motel lodging tax would be
used to cover any operating shortfalls and also for other operational expenses to include
marketing and other needs.
Articles of Incorporation were filled out with the State of Nebraska for a new subsidiary
corporation of Fonner Park to obtain approval from the IRS for the new corporation to become a
non-profit 501-C3 corporation. This allowed donors to make a tax deductable contribution for
the construction of the civic center.
Mr. Miner mentioned the project was a joint venture. The Community Redevelopment Authority
provided $25,000 to assist in the initial development of the project. The Grand Island Economic
Development Corporation provided $50,000 to develop schematic drawings for the project.
Business & Community leaders played a major role in fund raising efforts for the project. Area
Foundations, Trusts, and Corporations also played a key role in making the center a reality by
making major contributions to fund construction of the facility.
Page 3, City Council Study Session, January 31, 2012
The following were key funding to make the project a reality:
· City of Grand Island $7.5 million
· Eihusen Foundation $1.6 million
· Bosselman Family $1.3 million
· Hall County $1 million
· St. Francis Medical Center $1 million
· Reynolds Foundation $1 million
The following Fonner Park in-Kind Contributions were presented:
· $10 million in infrastructure from hall County Livestock Improvement Association which
included: parking, land, and existing space located on the main floor of the Concourse,
Club House & Skyline levels of the Grandstand add to areas that could also be used for
HEC events.
· These areas along with the Fonner Park 4-H Bldg & Café, and the Racing Office, and the
new Nebraska State Fair Buildings make the Fonner Complex competitive with any
facility outside of Omaha.
The following General Uses for the Facility were mentioned along with pictures showing many
events held at HEC:
· Community Activities
· Educational Activities
· Family Activities
· Senior Activities
· Youth Activates
· Agricultural Shows & Conferences
· Trade Shows
· Sporting Events
· Performing Arts
· Entertainment
· Conventions
· Concerts
· Art Shows & Exhibits
Mr. Miner answered questions concerning the use of the facility for charitable events and the
expenses for the events. Mentioned was a $69,000 update to the sound system in 2011.
Explained was three promotional staff and if people wanted to use the Events Center they were
to contact Fonner Park.
Mentioned were the HEC Board members present: Barry Sandstrom, Steve Dowding, Jim
Cannon, and Council President Peg Gilbert. Fonner Park Board members were: Ken Gnadt,
Steve Kunzman, Steve Dowding, and Bruce Swihart.
Mr. Miner stated the biggest issue in the near future for HEC was to overlay the parking lot.
Page 4, City Council Study Session, January 31, 2012
Cindy Johnson, Grand Island Area Chamber of Commerce, 309 West 2nd Street commented on
the great asset we have in the HEC and moving to the next level with National and Regional
competitions.
Discussion Concerning Open Burning. Interim Fire Chief Tim Hiemer gave a PowerPoint on the
background history of open burning.
Up until July, 1991 burning was allowed on Wednesdays and Saturdays. At this time a complete
burn ban was issued. On March 17, 1994 Council voted to place a repeal of burn ban on the May
ballot. On May 24, 1994 Council passed Ordinance 7993 to allow opening burning for two
weeks in the fall and two weeks in the spring. Currently open burning of yard waste is allowed
two weeks in October and two weeks in April.
Problems with open burning were: consistent smoky haze over the city for the two week period;
generates unnecessary complaint calls to 911; endangers property – has the ability to spread to
structures; unable to ensure safety regulations are followed; encourages the burning of non-yard
waste; one of only three surveyed cities in Nebraska that allow open burning. The Fire
Department is currently no t issuing burn permits, as per State Statutes do to the shear number
being issued.
The reasons for changing the current regulations were:
· Residents can now dispose of yard waste, free of charge, at the Transfer Station. This was
not the case in 1994.
· In general society is recycling.
· People enjoy clean air year around.
· Enforce the State Statute on open burning.
· Promote safe and clean living.
Mr. Hiemer recommended the Council adopt the State Statute and not allow permits for open
burning, except for special considerations and encourage use of the free composite site. This
would require a 2/3 vote of the Council to over turn the 1994 election vote.
The following special considerations were recommended:
· Live fire training
· Essential agricultural operations
· Destruction of dangerous or storm damaged materials or diseased trees
· Clerk of land for development – requires permit from NE Dept. of Environmental Quality
before issuing a burn permit for above fires
· Recreational or cooking fires in approved containers
Paul Wicht, 924 South Kimball spoke in opposition. Lewis Kent, 624 East Meves Avenue spoke
in support of the burning ban.
Discussion was held concerning the State Statute banning open burning and the City Code
currently allowed open burning with a permit. City Attorne y Bob Sivick stated the City Code
may be in conflict with State Statutes. Enforcement was mentioned. Mr. Hiemer stated if the
Page 5, City Council Study Session, January 31, 2012
open burning was changed by issuing permits it would increase the work load in the Fire
Department.
Councilmember Nickerson suggested this issue go to a vote of the people this year since it was
important in 1994 and passed.
Update Concerning the Wastewater Treatment Plant Headworks Project. This item was pulled
from the agenda.
ADJOURNMENT: The meeting was adjourned at 8:37 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Appointment of Amos Anson to the Business
Improvement District #8 Board
The Mayor has submitted the appointment of Amos Anson to the Business Improvement
District #8 Board to replace Matthew Armstrong. This appointment would become effective
immediately upon approval by the City Council and would expire on September 30, 2013.
Approval is recommended.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G4
#2012-26 - Approving Change of March 27, 2012 City Council
Regular Meeting to March 26, 2012
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Approving Change of March 27, 2012 City Council
Regular Meeting to March 26, 2012
Item #’s: G-4
Presenter(s): RaNae Edwards, City Clerk
Background
City Council approved Resolution #2011-296 on October 11, 2011 setting the City
Council Regular Meeting schedule for 2012. Any changes to this schedule need to be
approved by the City Council.
Discussion
The Grand Island Annual Chamber Banquet will be held on March 27, 2012. The Mayor,
several City Councilmember’s, and the City administrator plan on attending this meeting.
Due to several absentees for the March 27, 2012 Regular City Council meeting, it has
been suggested that we change the March 27th meeting to March 26, 2012.
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 changes the March 27, 2012 City
Council Regular meeting to March 26, 2012.
Sample Motion
Move to approve the change of the March 27, 2012 City Council Regular meeting to
March 26, 2012.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-26
WHEREAS, Section 2-1 of the Grand Island City Code provides that regular City Council
meetings shall be held on the second and fourth Tuesday of each month; and
WHEREAS, it is necessary to amend the schedule for City Council meetings for the month
of March, 2012 due to the Chamber Annual Banquet; and
WHEREAS, it is recommended that the regular City Council meeting scheduled for March
27, 2012 be rescheduled to March 26, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the regular City Council meeting scheduled for
March 27, 2012 be rescheduled for 7:00 p.m. in the Council Chambers of City Hall on February 26, 2012.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2012-27 - Approving Re-Adoption of the City of Grand Island
Official Zoning Map
This item relates to the aforementioned Public Hearing item E-4.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-27
WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the
orderly plan necessary to accommodate future growth and transportation needs; and
WHEREAS, on July 13, 2004, by Resolution 2004-154, the City of Grand Island
approved and adopted the Official Zoning Map as prepared by the firm of JEO Consulting, Inc. of Wahoo,
Nebraska; and
WHEREAS, on January 26, 2010, by Resolution 2010-27, the City Council approved the
use of a map produced from the Hall County GIS as the official zoning map for the City of Grand Island
based on the 2004 comprehensive plan of JEO consulting, Inc.; and
WHEREAS, numerous changes and amendments to the Plan, the municipal limit and the
zoning map have been approved since the last re-adoption of the official zoning map; and
WHEREAS, on January 4, 2012, the Regional Planning Commission held a public hearing
on such issue, and recommended approval of such updated map; and
WHEREAS, on February 14, 2012 the Grand Island City Council held a public hearing on
such issue.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and
adopts the Official Zoning Map incorporating changes made since its re-adoption in 2010 along with minor
boundary changes as identified and discussed with the public hearing.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2012-28 - Approving Extension Request for Community
Development Block Grant #08-DPI-005
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity, Regional Planning Director
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity AICP, Regional Planning Director
Meeting: February 14, 2012
Subject: Approving Extension Request for Community
Development Block Grant #08-DPI-005
Item #’s: G-6
Presenter(s): Chad Nabity, Planning Director
Background
In September 2009, the City of Grand Island was awarded a Disaster Recovery Grant for
$803,500.00, plus $40,175.00 in General Administration, for installation of a sanitary
sewer interceptor and sewer main collection system upgrade to address an urgent
community development need that occurred as a result of high ground water levels and
flooding between May 22 and June 24, 2008. The project encompasses two southern
areas of Grand Island to improve protection of homes from future sanitary sewer
backups. Total project cost, including Admin, is projected at $1,003,675. No matching
funds are required but the City has budgeted $160,000 for the balance of project costs
above the grant award.
Disaster Recovery Program funds are to be used only for activities related to disaster
relief, long-term recovery, and restoration of infrastructure in areas covered by the
Federal Emergency Management agency (FEMA) declaration of major disaster 1770-DR.
Only damages occurring during the incident period from May 22, 2008 to June 24, 2008
are considered.
Discussion
Due to a variety of program delays, the City of Grand Island is requesting a fifteen-month
extension to the current contract end date for Disaster Program Recovery Grant #08-DPI-
005. The current contract end date is March 30, 2012. The proposed contract end date is
June 28, 2013. The Grand Island City Council is required to take action on the extension
request for submission to the Nebraska Department of Economic Development.
The extension request is being requested due to:
1. Staff changes in Community Development positions working on the project.
2. Consulting services in design oversight.
3. Review of plans, specifications and estimate by the Department of Environmental
Quality.
Public Works staff fully believes that the project will be completed within the proposed
extension date, if not before. A revised implementation schedule has been completed and
will be provided with the extension request as required.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Community Development Block Grant #08-DPI-005 extension
request
2. Refer the issue to a Committee
3. Postpone the issue to later date
Recommendation
City Administration recommends that Council approves the Community Development
Block Grant #08-DPI-005 extension request.
Sample Motion
Move to approve the Community Development Block Grant #08-DPI-005 extension
request.
Approved as to Form ¤ ___________
February 14, 2012 ¤ City Attorney
R E S O L U T I O N 2012-28
WHEREAS, the City was awarded a Disaster Recovery Grant for $803,500 for installation
of a sanitary sewer interceptor and sewer main collection system upgrade to address an urgent community
development need that occurred as a result of high ground water levels and flooding between May 22 and
June 24, 2008; and
WHEREAS, the contract end date of March 30, 2012 is not a sufficient amount of time in
which to complete the project; and
WHEREAS, an extension request of fifteen-months is desired and must be approved by the
Grand Island City Council; and
WHEREAS, required documents for the extension request have been prepared and must
be submitted to the Nebraska Department of Economic Development for authorization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
The City of Grand Island, Nebraska is hereby authorized to request a fifteen-month
extension for Community Development Block Grant #08-DPI-005.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2012-29 - Approving Business Continuity and Recovery Services
Agreement with IBM
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Jaye Monter
City of Grand Island City Council
Council Agenda Memo
From: Jaye Monter, Interim Finance Director
Meeting: February 14, 2012
Subject: Approving Business Continuity and Recovery Services
Agreement with IBM
Item #’s: G-7
Presenter(s): Jaye Monter, Interim Finance Director
Background
The City’s IBM AS400 iSeries computer syste m is the system which resides the Utility
Department’s customer base and billing software. To protect the City in the event of a
disaster, the City has maintained a disaster recovery contract with IBM. If such event were to
occur, IBM will provide a workable computer system for the City to continue routine Utility
customer billing.
Discussion
The current 3 year contract with IBM approved with resolution 2009-32 expires February 29,
2012. The new 3 year contract will be billed at the same rate as the 2009 contract; $282
monthly for 36 months totalling $10,152.00 over the full term. Sufficient funds have been
budgeted for this contract within the Information Technology operating budget.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the 3 year contract with IBM.
2. Disapprove or deny the contract.
3. Take no action on the contract.
Recommendation
City Administration recommends that the Council approve the 3 year contract with IBM
Corporation for a total of $10,152.00.
Sample Motion
Move to approve.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-29
WHEREAS, the City of Grand Island has an IBM AS400 iSeries computer system which
contains the Utility Department’s customer base and billing software; and
WHEREAS, to protect the City in the event of a disaster, a business recovery contract
currently exists with IBM: and
WHEREAS, such contract is scheduled to expire February 29, 2012; and
WHEREAS, a new 3 year contract has been negotiated with IBM to continue providing
such business recovery services for $10,152.00 which is 36 months at $282 per month; and
WHEREAS, the City Attorney’s office has reviewed and approved the proposed
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the three-year contract with IBM to provide
business continuity and recovery services for the City’s AS400 iSeries computer system is hereby
approved; and the Mayor is hereby authorized and directed to execute such agreements on behalf of the
City of Grand Island.
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, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2012-30 - Approving Acquisition of Utility Easement - 1819 East
7th Street - Global Industries & Eihusen
This item relates to the aforementioned Public Hearing item E-8.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-30
WHEREAS, a public utility easement is required by the City of Grand Island, from Global
Industries and D.J. Eihusen, having Power of Attorney for Robert G. Eihusen, 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 February 14, 2012, for the purpose of discussing
the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and
more particularly described as follows:
Commencing at the northwest corner of Lot One (1), Cottage Grove Third Subdivision,
Grand Island, Hall County, Nebraska; thence easterly along the northerly line of said Lot
One (1), a distance of three hundred forty one (341.0) feet to the ACTUAL Point of
Beginning; thence deflecting right 90°00’00” and running in a southerly direction, a distance
of one hundred two (102.0) feet to the point of termination.
The above-described easement and right-of-way containing a total of 0.047 acres, more or
less, as shown on the plat dated 1/26/2012, 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 Global Industries and D. J. Eihusen, having Power of
Attorney for Robert G. Eihusen, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2012-31 - Approving Purchase of 2012 Utility Truck - Water
Division, Utilities Department
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Timothy Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting: February 14, 2012
Subject: Water Utility Service Truck
Item #’s: G-9
Presenter(s): Timothy Luchsinger, Utilities Director
Background
The Water Division of the Utilities Department budgeted $50,000 to replace a water
service truck this year. Sid Dillon Ford Lincoln Mercury was awarded a state bid for this
type of vehicle after competitive bidding under State Contract #13137OC. The bid price
with applicable options is $46,802.00.
Discussion
The State contract truck is a Ford F250 with an installed utility body to facilitate storage
of tools and service equipment. The truck to be replaced is Unit #92, a 1999 Dodge ¾ ton
truck with utility box. This unit is the water service call vehicle, which, besides use
during normal working hours during the week, is also taken home by the on-call staff.
This truck is not garaged and must be available for use 24/7 in all types of weather. The
current truck has over 94,000 miles of in-town and worksite use, which means greater
operating hours in relation to miles than a typical vehicle. In addition to scheduled
maintenance, over $8,000 has been spent on this vehicle for repairs to ball-joints, tie-
rods, fuel pump, water pump, axle seals, emissions system and brakes. The cost of the
new truck is less than the approved 2012 budgeted amount, and purchases through the
State contracts are in compliance with City purchasing procedures. Standard disposal
policy of the old truck will be to solicit interest from other City departments, and if none,
sold at the Police auction.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the 2012 Ford
F250 with utility bed from Sid Dillon Ford Lincoln Mercury of Crete, Nebraska in the
amount of $46,802.00.
Sample Motion
Move to the purchase of the 2012 Ford F250 with utility bed from Sid Dillon Ford
Lincoln Mercury of Crete, Nebraska in the amount of $46,802.00.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-31
WHEREAS, the City of Grand Island Water Utility will purchase one (1) 2012 Water
Utility Service Truck; and
WHEREAS, Sid Dillon Ford Lincoln Mercury was awarded the state bid for this vehicle
after competitive bidding under State Contract #1317OC; and
WHEREAS, the Water Department budgeted $50,000 for this truck, and the State
Contract price of $46,802.00 is within this budgeted amount.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment is
authorized.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2012-32 - Approving Parkview Well Superfund Site Access
Agreement Amendment #4
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Timothy Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting: February 14, 2012
Subject: Parkview Well Superfund Site, Access Agreement
Amendment #4
Item #’s: G-10
Presenter(s): Timothy Luchsinger, Utilities Director
Background
As a part of the EPA program for remediation of the Parkview Superfund site
groundwater contamination, the City entered into an agreement with EPA to allow the
utilization of the City Right-of-Way (R-O-W) for the installation of several of the
components of the remediation system and the installation of groundwater wells that are
used for treatment of the contamination, for tracking the extent of the contamination and
for monitoring the effectiveness of the remediation program. As time has passed during
the investigation and construction of the remediation system, EPA has requested
modifications to the initial agreement to allow additional facilities to be installed in the
City R-O-W. The original agreement has been modified by three previous amendments.
Amendment #1 – allowed the installation of additional monitoring wells in the Hagge and
Country Club Subdivisions to the east of the Parkview Subdivision to track the
movement of the leading edge of the contamination plume.
Amendment #2 – allowed the installation of additional monitoring wells down gradient of
the treatment injection wells located along North Road to provide sample points to
monitor the effectiveness of the treatment.
Amendment #3 – allowed the installation of two additional monitoring wells at the
intersection of Park Drive and Blaine Street, and the intersection of Commerce Avenue
and Blaine Street to determine the northern boundary of the contamination plume, and to
monitor the performance of the extraction well remediation system currently in service in
that area. Monitoring at each of the se two locations allows for a three level cluster, so that
the plume can be measured at varying depths (shallow, medium and deep).
Attached for reference are:
§ The most recent request for modification of the agreement from EPA
§ Map of the wells added per Amendment #1
§ Map of the wells added per Amendment #2
§ Map of the wells added per Amendment #3
§ Original agreement – Consent to Access for EPA Environmental Response
(“Agreement”)
Discussion
EPA has requested that the original agreement again be amended to grant permission for
EPA to allow for direct push sampling to locate and install a new groundwater extraction
well and three additional monitoring cluster wells at the site within City right-of-ways.
The new extraction well will be located at the northeastern point of the contamination
plume and should limit further migration of the plume. The discharge from the extraction
well will be piped to the EPA’s treatment facility located on Blaine Street. The new
monitoring wells are necessary in order to confirm groundwater contamination terminal
boundary and will allow the EPA to successfully document the plume’s capture (and
retreat) once the new extraction well starts pumping. Consistent with prior system work,
piping and fiber optic connections shall be bored under City right-of-ways and tied into
the existing treatment systems piping underneath the intersection at Pioneer Boulevard
and Commerce Avenue.
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 Administratio n recommends that the Council approve proposed Amendment #4 to
the Consent to Access for EPA Environmental Response Action (“Agreement”).
Sample Motion
Move to approve Amendment #4 to the Consent to Access for EPA Environmental
Response Action (“Agreement”).
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-32
WHEREAS, on July 14, 2009 the City entered into an agreement with EPA to allow
utilization of City Right-of-Way for the installation of several of the components of the remediation systems
and the installation groundwater monitoring wells to be used to measure the effectiveness of the remediation
systems associated with the Parkview Superfund Site; and
WHEREAS, EPA has initiated operation of remediation systems; and
WHEREAS, EPA wishes to install an additional extraction well and groundwater monitoring
wells in the City Right-of-Way in the Parkview Subdivision to monitor the groundwater contamination
plume; and
WHEREAS, Amendment #4 to original CONSENT TO ACCESS FOR EPA
ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”) is recommended to allow the additional
monitoring wells.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #4 to the CONSENT TO ACCESS
FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”), is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2012-33 - Approving Microsoft Home Use Program
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Council Agenda Memo
From: Brenda Sutherland, Human Resources Director
Meeting: February 14, 2012
Subject: Microsoft Home Use Program
Item #’s: G-11
Presenter(s): Brenda Sutherland, Human Resources Director
Background
Most employees at the City of Grand Island have Microsoft software on their work
computers. Currently the City is in the second of a three year contract that was approved
under Resolution 2010-169. The City has had a contract in place with Microsoft since the
network came in 1997. City computers have Microsoft 2003, 2007 and 2010 installed on
them. The I.T. department’s goal is to have all employees upgraded to Microsoft 2010.
Discussion
Microsoft has a Home Use Program to help users transition from older versions of
Microsoft products to the newer 2010 product. They believe the transition is much easier
for employees who use the software at home. Their philosophy is that using the software
at home in an environment where they have more time to experiment will in-turn help
their productivity when they use it in the work place. In order to make this home use a
viable option for as many people as possible, Microsoft has developed a Home Use
Program (HUP) that will allow employees to purchase directly the Office Professional
Plus 2010 for $9.95. They can also purchase a Backup DVD for an additional $13.00.
While the City’s I.T. department’s goal is to have all employees’ transition to the new
software, their availability to get to all departments and provide training will be stretched.
This offer may help alleviate some of that pressure.
This offer has been part of past contracts with Microsoft since 2002 but has never been
brought forward for approval. It is a standard part of the Microsoft contract and will
continue to be whether the Council approves participation by employees or not. Another
government entity that participates in this offer is the State of Nebraska.
The agreement for the software usage is between the employee and Microsoft directly.
This software can be installed on their home computers. The City of Grand Island will
not be responsible for installation or any service issues relating to the software. Only
employees who are covered under the City’s current agreement would be eligible for this
program. Currently the City has 407 employees, including Council Members covered
under the current license agreement. The only entity that isn’t covered under the City’s
licensing agreement is the Library. They are covered under their own agreement as they
qualify for academic pricing which is less than government pricing. There is no extra cost
to the City for participation with this program
The City’s Legal Department has reviewed the program to ensure that it is not in conflict
with City procurement policies.
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
It is recommended that the Council approve the ability for City employees to participate
in the Microsoft Home Use Program.
Sample Motion
Move to approve computer users covered under the City’s Microsoft agreement to
participate in the Home User Program.
- 1 -
R E S O L U T I O N 2012-33
WHEREAS, the City of Grand Island currently has a contract with Microsoft; and
WHEREAS, Microsoft has a Home Use Program that allows employees covered under
their employer’s licensing agreement to participate in this program; and
WHEREAS, the Home Use Program allows employees to purchase directly from Microsoft
the 2010 version of their product at a substantially discounted rate; and
WHEREAS, the agreement would be between the employee and Microsoft and any
expense associated with the program would be borne by the employee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, the employees covered under the City’s Microsoft
licensing agreement are authorized to participate in the Microsoft Home Use Program at their expense.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2012-34 - Approving Lease Agreeement for Ambulance
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Tim Hiemer
City of Grand Island City Council
Council Agenda Memo
From: Robert J. Sivick, City Attorney
Meeting: February 14, 2012
Subject: Ambulance Lease
Item #’s: G-12
Presenter(s): Tim Hiemer, Fire Division Chief
Background
In 2009 the City of Grand Island (City) purchased a Medtec AD170F Ambulance for use
by the Grand Island Fire Department (GIFD). Soon thereafter problems with the vehicle
arose and efforts to repair them proved unsuccessful. Late last year the GIFD placed the
ambulance permanently out of service due to safety concerns.
Since October, 2011 the City Legal Department has been in negotiations with the
manufacturer and its legal counsel seeking to reach a resolution to the matter that will be
acceptable to the City. It is anticipated negotiations will take several more months and if
litigation is necessary, even longer.
Discussion
While City Legal is conducting negotiations, the GIFD is providing ambulance service to
the City and surrounding areas with one vehicle less than the department would
recommend. The Fire Chief has investigated the possibility of leasing an ambulance on a
short term basis and he and the City Attorney have reached an agreement with Arrow
Manufacturing, Inc. of Rock Rapids, Iowa to lease an acceptable used ambulance for six
months at the rate of one thousand dollars per month.
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 proposed agreement with
Arrow Manufacturing, Inc. to lease to the City a 2002 Medtec Ambulance for six months
at the monthly rate of one thousand dollars.
Sample Motion
Move to approve Resolution No. 2012-35 and authorize the Mayor to execute the lease
agreement with Arrow Manufacturing, Inc..
1
BAILMENT AND ASSUMPTION OF RISK AGREEMENT 1/19/2012
Arrow Manufacturing, Inc.
801 South East Street
PO Box 349
Rock Rapids, IA 51246
800-743-3157
I, Grand Island Fire Department acknowledge receipt of the following described vehicle:
Year 2002 Make Ford Model: Medtec Ambulance VIN#:1FDXE45F82HB76542
bearing license plate #D1837 of the State of Iowa in consideration of your loaning this vehicle to
me, I promise and agree:
1. To return vehicle after lease period, free of any liens or encumbrances not now against it.
2. To purchase the vehicle at your option and to pay you its’ full retail value as of this date, if I fail
for any reason to return it according to the provisions of paragraph 1.
3. To reimburse you for any loss, which you may sustain as a result of lending this vehicle to me.
“Loss” as used herein includes, but is not necessarily limited to, any legal liability or other
detrimental obligation incurred by you.
4. To use the vehicle in conformity with all applicable laws, regulations, and ordinances. I hereby
represent that I am licensed to operate this vehicle.
5. To release you from any claims I might have against you for alleged defects in or in any
manner growing out of any use of the vehicle with the exception of any defects directly attributed
to Arrow Manufacturing’s negligence.
6. To report to you within 12 hours by phone at 1-800-743-3157 any accident involving the vehicle
and to furnish you a complete traffic report thereof in writing.
7. Not to allow or cause the vehicle to be loaned or rented, or operated by any person other than
myself, and not to operate or transport the vehicle beyond a normal business service area.
8. Not to authorize or incur expense or obligation of any nature for the repair of the vehicle. I
shall bear the expense of all gas, oil, and other maintenance and operation costs used or
required by the vehicle until it is returned to you.
A. It is understood that the vehicle has not been certified as an Emergency Medical Vehicle by
the certification procedures of the Emergency Medical Services while in the possession of Arrow
Manufacturing, Inc. If certification of the vehicle is required by law, borrower will be obligated to
effect compliance with State Law.
B. It is understood the retail value of the vehicle is: $28,000. This value shall be paid to Arrow
Manufacturing, Inc. within a period after an accident that would diminish the value of the vehicle
or insurance company will settle.
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C. It is understood that the borrower shall furnish to Arrow Manufacturing, Inc. an insurance policy
that insures the vehicle as well as Public Liability, Property Damage, and comprehensive and all
medical losses. This shall be the primary coverage.
D. It is understood that the rental fee for this vehicle shall be $6,000 for 6 months, and that the
full amount due is payable monthly at $1,000 per month.
I hereby state that I have read, understand, and will comply by the above listed terms.
_______________________________Agent for Grand Island Fire Department
In consideration for the borrower’s promises and agreements, dealer loans this vehicle according
to the above listed terms.
_______________________________Agent for Arrow Manufacturing, Inc.
Note: Borrower is advised to contact his insurance agent or broker to be certain he is protected
by his own insurance within these terms.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-34
WHEREAS, the Grand Island Fire Department is in temporary need of an additional
ambulance to provide adequate service to the people of Grand Island; and
WHEREAS, the City of Grand Island Fire and Legal Departments have negotiated an
agreement with Arrow Manufacturing, Inc. of Rock Rapids, Iowa to lease a 2002 Ford Medtec Ambulance
for six (6) months at a monthly rate of One Thousand Dollars ($1,000.00); and
WHEREAS, the terms of the lease and the equipment leased are acceptable to the Fire and
Legal Departments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute a lease
agreement with the terms stated above, with Arrow Manufacturing, Inc. for a 2002 Ford Medtec
Ambulance to be used by the Grand Island Fire Department.
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
- - -
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2012-35- Approving Revised Contract Amount to Resolution 2012-
7; Bid Award to Midlands Contracting, Inc. for Lift Station No. 7
Repairs Project No. 2011-S-1
Tuesday, February 14, 2012
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: February 14, 2012
Subject: Approving Revised Contract Amount to Resolution
2012-7; Bid Award to Midlands Contracting, Inc. for Lift
Station No. 7 Repairs Project No. 2011-S-1
Item #’s: G-13
Presenter(s): John Collins, Public Works Director
Terry Brown, Manager of Engineering Services
Background
On December 6, 2011 City Council approved, by Resolution 2011-357, the bid award to
Midland Contracting, Inc. for the Lift Station No.7 Repairs, in the amount of
$310,978.67.
On January 10, 2012 City Council approved, by Resolution 2012-7, amended Resolution
2011-357, for Department of Labor issued new labor wage revision for a revised bid
amount of $312,728.67.
Discussion
By the bid package special provisions section 215.5; Micro-Tunneling submittals; the
contractor submitted the descriptive and informational means, methods, and planning for
the City’s evaluation of contractors work plan in open excavation for the City Engineer’s
review. The City Engineer has reviewed the Micro-Tunneling submittal for conformance
to the work. The City Engineer recommends a reduction of 205 linier feet of; Bore and
Install 8” HDPE Forcemain in bid item No. 1, and an addition of 205 linier feet of; Open
Trench and Install 8” DR11 HDPE Forcemain in bid item No. 2.
The City’s Legal Department recommends this be brought before City Council prior to
contract agreement for approval in modification of bid estimated unit quantities.
In attachment; the new estimated units quantity are included, previous estimated unit
quantities are stricken through.
With the new estimated unit quantities to Midland Contracting, Inc. bid they are still the
lowest responsible bidder for the Lift Station No.7 Repairs, in the amount of
$344,807.42.
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 revised bid and award it to
Midlands Contracting, Inc. of Kearney, Nebraska who had a revised bid of $344,807.42
for Lift Station No. 7 Repairs, Project No. 2011-S-1.
Sample Motion
Move to approve bid award to Midlands Contracting, Inc. of Kearney, Nebraska for Lift
Station No. 7 Repairs, Project No. 2011-S-1 for the City of Grand Island.
Approved as to Form ¤ ___________
February 28, 2012 ¤ City Attorney
R E S O L U T I O N 2012-35
WHEREAS, On January 10, 2012 City Council approved, by Resolution 2012-7, the bid
award to Midland Contracting, Inc. for the Lift Station No.7 Repairs, in the amount of $312,728.67.; and
WHEREAS, it is necessary to amend Resolution 2012-7 to award the revised bid in the
revised amount of $344,807.42 to Midland Contracting, Inc. for the Lift Station No.7 Repairs; and
WHEREAS, with the correction in estimated unit quantities to Midland Contracting, Inc. bid
they are still the lowest responsible bidder for the Lift Station No.7 Repairs; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2012-7 is hereby amended to the
revised bid award amount to $344,807.42 to Midland Contracting, Inc. for the Lift Station No.7 Repair
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2012-36 - Consideration of Request from Baldo, Inc. dba El
Farayon Cantina & Grill, 1403 South Eddy Street for a Class “C”
Liquor License and Liquor Manager Designation for Alberto
Baldovinos, 235 North Custer Avenue
This item relates to the aforementioned Public Hearing item E-1.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-36
WHEREAS, an application was filed by Baldo, Inc. doing business as El Farayon Cantina
& Grill, 1403 South Eddy Street for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on February 4, 2012; such publication cost being $16.27; and
WHEREAS, a public hearing was held on February 14, 2012 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 Alberto Baldovinos,
235 North Custer Avenue as liquor manager of such business contingent upon
completing a state approved alcohol server/seller program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2012-37- Consideration of Redevelopment Plan for Property
Located at US Highway 34 and South Locust Street (Howard
Johnson)
This item relates to the aforementioned Public Hearing item E-5.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-37
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class,
has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City
which are determined to be substandard and blighted and in need of redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska
Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for
the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be
substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the
"Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and
recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to
the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the Planning
Commission, the recommendations of the Planning Commission to the City, and following the public hearing
with respect to the Redevelopment Plan, the City approved the Plan; and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such
project to be as follows: Demolition, rehabilitation and construction of an exterior façade and interior
remodeling of Howard Johnsons Hotel to provide a renovated restaurant for Denny’s together with
additional parking lot rehabilitation at 3333 Ramada Road (Woodland Second Sub Lot 11). All
redevelopment activities will occur in Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant
to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal
to amend the Redevelopment Plan to include the Redevelopment Project described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska:
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1. The Redevelopment Plan of the City approved for Redevelopment Area No. 2 in the city of Grand
Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby
determined to be feasible and in conformity with the general plan for the development of the City of
Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project
identified above, is in conformity with the legislative declarations and determinations set forth in the
Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not
be economically feasible without the use of tax-increment financing, (b) the redevelopment project
would not occur in the community redevelopment area without the use of tax-increment financing,
and (c) the costs and benefits of the redevelopment project, including costs and benefits to other
affected political subdivisions, the economy of the community, and the demand for public and
private services have been analyzed by the City and have been found to be in the long-term best
interest of the community impacted by the redevelopment project. The City acknowledges receipt
of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of
the Act and of the recommendations of the Authority and the Planning Commission with respect to
the Redevelopment Contract.
2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this
Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in
accordance with the Act.
3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall be
divided, for a period not to exceed 15 years after the effective date of this provision, which effective
date shall be January 1, 2013 as follows:
a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year
by or for each public body upon the Redevelopment Project Valuation (as defined in the
Act) shall be paid into the funds of each such public body in the same proportion as all
other taxes collected by or for the bodies; and
b. That proportion of the ad valorem tax on real property in the Redevelopment Project in
excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid
into a special fund of the Authority to pay the principal of, the interest on, and any
premiums due in connection with the bonds, loans, notes or advances of money to, or
indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, such Redevelopment Project.
When such bonds, loans, notes, advances of money, or indebtedness, including interest and
premium due have been paid, the Authority shall so notify the County Assessor and County
Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall
be paid into the funds of the respective public bodies.
c. The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of
Pledge of Taxes with respect to each Redevelopment Project.
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4. The City hereby finds and determines that the proposed land uses and building requirements in the
Redevelopment Area are designed with the general purposes of accomplishing, in accordance with
the general plan for development of the City, a coordinated, adjusted and harmonious development
of the City and its environs which will, in accordance with present and future needs, promote health,
safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and
economy in the process of development; including, among other things, adequate provision for
traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of population, the
provision of adequate transportation, water, sewerage, and other public utilities, schools, parks,
recreation and community facilities, and other public requirements, the promotion of sound design
and arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I3
#2012-38 - Consideration of Appointment of Jaye Monter as
Finance Director
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Council Agenda Memo
From: Mayor Jay Vavricek
Meeting: February 14, 2012
Subject: Mayoral Recommendation for Appointment of City
Treasurer/Finance Director
Item #’s: I-3
Presenter(s): Mayor Jay Vavricek
Background
State Statute and Grand Island City Code specifies the need to designate a City
Treasurer/Finance Director within the Finance Department of the City of Grand Island. The
previous Treasurer/Finance Director Mary Lou Brown was appointed to serve as the City
Administrator. Since that appointment, the position remained open while Ms. Brown
maintained its responsibilities in addition to serving as the City Administrator until an interim
was named.
Recruitment commenced for a new Finance Director last April without a successful
conclusion. A recommendation ensued to restructure the management team and its
responsibilities as an Assistant City Administrator. That recommendation was not supported
by council.
Jaye Monter, the city’s Senior Accountant was then appointed as Interim Finance Director on
September 28, 2011. Ms. Monter was placed in step 3 of an 8 step pay scale of the City
Treasurer/Finance Director and with the beginning of a new 15 step pay scale on October
10th in step 5 of a new pay scale plan.
Discussion
An advisory search committee was formed to assist in a second recruitment effort. Members
of an advisory search committee included Council President Peg Gilbert, City
Councilmember Bob Niemann, former City of Grand Island Finance Director David Springer
and Grand Island Public School District Finance Director Virgil Harden, City Administrator
Mary Lou Brown, and Human Resources Director Brenda Sutherland. The advisory
committee reviewed applications considering applicant’s work history, relevant work
performance, education and credentials.
The recruitment process included a national search and resulted in interest from 20
individuals. The Advisory Search Committee forwarded two finalists for potential
consideration of a Mayoral recommendation. The finalists included Jaye Monter and Wayne
Oberg.
After conducting personal interviews with both finalists and after personally consulting the
City Council members on the advisory committee, I am ple ased to recommend for council
consideration Jaye Monter to serve in the position as City Treasurer/Finance Director.
Jaye received a Bachelor of Science Degree in Comprehensive Business Administration with
an emphasis in Accounting and Finance from Kearney State College. She has 27 years of
experience in finance and accounting. Jaye started her career in public accounting with a
small firm in Colorado. There she obtained her Certified Public Accountant’s License. After
public accounting, her career moved to various private industries where she worked as a
Controller. She was hired at the City as an Accountant in September of 2000. She was
reclassified to the position of Senior Accountant in 2003. In her current position, she
prepares, analyzes and interprets financial statements and accounting records for the City of
Grand Island, Community Redevelopment Authority and Business Improvement Districts.
She has show n strong leadership in the Finance Department and provided Administrator
Brown with a high level of assistance through the budget process.
Therefore, I am confident she has the education and previous experience, and as a valued
employee within the Finance Department, I am certain this recommendation is in the best
interests of the effectiveness of the department. Ms. Monter will be placed in step 5 of the
Finance Director pay scale which is the step she was placed in for the interim appointment
and is $83,274.10.
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 appointment of Jaye Monter as City
Treasurer/Finance Director.
Sample Motion
Move to approve Jaye Monter as City Treasurer/Finance Director.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-38
WHEREAS, under Neb. Rev. Stat., §16-308 and City Code, 2 – 30, the office of City
Treasurer/Finance Director for the City of Grand Island, Nebraska, is an appointed officer; and
WHEREAS, this statutory officer is appointed by the mayor and approved by the council;
and
WHEREAS, this officer shall hold office until the end of the mayor's term and until their
successor is appointed and qualified. This appointive officer may be removed at any time by the mayor,
with the approval of a majority of the council; and
WHEREAS, the Mayor has selected Jaye Monter to be appointed as City
Treasurer/Finance Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Jaye Monter is hereby duly appointed the City
Treasurer/Finance Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of
office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I4
#2012-39 - Consideration of Proposing a Ballot Measure for Open
Burning Ban
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Tim Hiemer
City of Grand Island City Council
Council Agenda Memo
From: Tim Hiemer, Fire Division Chief
Meeting: February 14, 2012
Subject: Approval of Ballot Language to Repeal Open Burning
Item #’s: I-4
Presenter(s): Tim Hiemer, Fire Division Chief
Background
The first restriction on open burning in the City of Grand Island was passed in 1909, this
prohibited the burning of paper or refuse in the streets and alleys of the City. Then in
1951 an ordinance was passed that restricted burning to set hours on certain days of the
week. This was then amended on June 1, 1972 to permit open burning on Wednesday and
Saturday. At this time the Fire Chief was also empowered to ban open burning when
warranted.
On July 8, 1991 Ordinance 7729 was approved that banned open burning in the City with
very few exceptions.
At the May primary election in 1994 the citizens of Grand Island overturned the ban on
open burning by approving a ballot referendum. This resulted in council passing
Ordinance 7993 on May 23, 1994 allowing for open burning for two weeks in the fall and
two weeks in the spring, with a written permit. Since that time only minor modifications
have been made to the ordinance.
It should be noted that according to State Statute 81-520.01 there is a state wide ban on
all open burning, with few exceptions.
Discussion
During the early 1990’s this issue came before the council several times before being
placed on the 1994 primary ballot. One of the arguments at the time was that the citizens
had no way of disposing of yard waste without paying a fee. Since this time, a
composting program has been established at the Transfer Station located on Old Potash,
which allows for year around dumping of yard waste at no cost. This allows for an
environmentally responsible way of disposing yard waste.
People’s attitudes have also changed over the years and we are now more aware of how
our actions affect others. People have come to expect clean air, free of smoke, year
round. The citizens want a safe and clean living environment for themselves and their
children. This topic encompasses two of the City’s priorities; Safe Community and
Stewardship of the Environment.
The Fire Department feels that for the above reasons the open burning ordinance should
be repealed. Since the open burning issue was decided by a vote of the people the repeal
should come from the people. By approving the ballot language this will allow the people
to decide on the open burning issue.
In order to have this on the primary ballot in May, the Council must pass one of the two
proposed Resolutions by March 1, 2012. This will result in an expense to the City of
approximately $3,500-4,000 charged by the Election Commission to have this measure
printed on the ballot.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand
regarding Resolutions 2012-40 (A) and Resolution 2012-40 (B). The Council may take
the following action on one but not both the Resolutions as follows:
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 Resolution 2012-40 (A) or
Resolution 2012-40 (B).
Sample Motion
Move to approve Resolution 2012-40 (A) or 2012-40 (B) placing the issue of open
burning on the May, 2012 primary ballot to be decided by the voters of Grand Island.
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-39 (A)
WHEREAS, on July 8, 1991 the Grand Island City Council approved Ordinance No. 7729
which banned open burning in the City of Grand Island with narrow exceptions; and
WHEREAS, at the primary election held in May, 1994 the electorate of Grand Island
passed a referendum repealing Ordinance No. 7729; and
WHEREAS, on May 23, 1994 the Grand Island City Council approved Ordinance No.
7993 permitting open burning in the City of Grand Island for designated two (2) week periods in the Spring
and Autumn; and
WHEREAS, on January 31, 2012 a Study Session meeting of the Grand Island City
Council was held on this issue; and
WHEREAS, the Grand Island City Council believes this is an issue best decided by the
electorate of the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that pursuant to Neb. Rev. Stat. §18-2520, the City
Clerk is hereby directed to submit to the electors of the City of Grand Island at the next regularly scheduled
primary election, the following ballot measure:
REPEAL OF OPEN BURNING
Shall Ordinance No. 7993 permitting open burning for designated two (2) week periods in the
Spring and Autumn be repealed?
A vote for this measure is to repeal Ordinance No. 7993 which permits open burning for
designated two (2) week periods in the Spring and Autumn.
A vote against this measure will leave Ordinance No. 7993 in place and continue to permit open
burning for designated two (2) week periods in the Spring and Autumn.
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-39 (B)
WHEREAS, on July 8, 1991 the Grand Island City Council approved Ordinance No. 7729
which banned open burning in the City of Grand Island with narrow exceptions; and
WHEREAS, at the primary election held in May, 1994 the electorate of Grand Island
passed a referendum repealing Ordinance No. 7729; and
WHEREAS, on May 23, 1994 the Grand Island City Council approved Ordinance No.
7993 permitting open burning in the City of Grand Island for designated two (2) week periods in the Spring
and Autumn; and
WHEREAS, on January 31, 2012 a Study Session meeting of the Grand Island City
Council was held on this issue; and
WHEREAS, the Grand Island City Council believes this is an issue best decided by the
electorate of the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that pursuant to Neb. Rev. Stat. §18-2520, the City
Clerk is hereby directed to submit to the electors of the City of Grand Island at the next regularly scheduled
primary election, the following ballot measure:
REPEAL OF OPEN BURNING
Shall Ordinance No. 7993 permitting open burning for designated two (2) week periods in the
Spring and Autumn be repealed and a ban on open burning be imposed with exceptions for the
outdoor cooking of food for human consumption and with written permission from the Chief of the
Grand Island Fire Department the following exceptions for:
1. training of public or industrial fire fighting personnel;
2. essential agricultural operations in the raising of crops where no nuisance or hazard is
created;
3. destroying dangerous materials or diseased trees;
4. clearing land for roads or other construction activity; and
5. recreational or other purposes?
A vote for this measure is to repeal Ordinance No. 7993 which permits open burning for
designated two (2) week periods in the Spring and Autumn and to impose a ban on open burning
with the exceptions listed above.
A vote against this measure will leave Ordinance No. 7993 in place and continue to permit open
burning for designated two (2) week periods in the Spring and Autumn.
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I5
#2012-40 - Consideration of One & Six Year Street Improvement
Plan
This item relates to the aforementioned Public Hearing item E-7.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-40
WHEREAS, the Regional Planning Commission, after public notice having been
published in one issue of the Grand Island Independent, and such notice also having been posted
in at least three places in areas where it was likely to attract attention, conducted a public hearing
on February 1, 2011, on the One and Six Year Street Improvement Program for the City of
Grand Island ; and
WHEREAS, at the February 1, 2011 public hearing, the Regional Planning
Commission approved the One and Six Year Street Improvement Program 2012-2017, and
recommended that such program be approved by the City Council; and
WHEREAS, the Grand Island City Council, after public notice having been
published in one issue of the Grand Island Independent, and such notice also having been posted
in at least three places in areas where it was likely to attract attention, conducted a public hearing
on February 14, 2012, on the One and Six Year Street Improvement Program for the City of
Grand Island ; and
WHEREAS, this Council has determined that the One and Six Year Street
Improvement Program as set out in Exhibit “A” should be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street
Improvement Program 2012-2017, based on priorities of needs and calculated to contribute to the
orderly development of city streets, and identified as Exhibit “A”, is hereby approved and
adopted by this Council.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I6
#2012-41 - Consideration of Direction of Wastewater Treatment
Plant Management
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: John Collins, Public Works Director
Meeting: February 14, 2012
Subject: Consideration of Direction of Wastewater Treatment
Plant Management
Item #’s: I-6
Presenter(s): John Collins, Public Works Director
Background
At the July 11, 2011 City Council meeting, the Public Works Administration staff gave a
presentation on contracting operations of the Wastewater Treatment Plant. Based on that
discussion a Request For Qualifications (RFQ) was developed, and qualifications were
submitted by four (4) qualified companies: Veolia Water of Naperville, Illinois; Severn
Trent Services of Fort Washington, Pennsylvania; USW Utility Group of Sioux City,
Iowa; and CH2M Hill of Englewood, Colorado. Utilizing the qualification criteria set
forth in the RFQ, the Selection Committee chose Veolia Water as the most qualified
company for the contract management of the Wastewater Treatment Plant. The Selection
Committee was comprised of Terry Brown, John Collins, Scott Dugan, Randy Gard, John
Henderson, and Shannon Oster.
During the November 15, 2011 Study Session the proposed contract between the City and
Veolia Water was presented for review. The Negotiating Committee was comprised of
Mary Lou Brown, Terry Brown, John Collins, Scott Dugan, Randy Guard, and Jaye
Monter.
At the request of City Council, information was presented at the January 17, 2012 Study
Session outlining the development of an internal improvement initiative. During this
session, Council requested the matter be scheduled for a vote.
Discussion
Both options for improving the cost efficiency of the Wastewater Treatment Plan have
been presented to the City Council. The choices before the City are as follows: 1)
Contract Operations and move forward with Veolia; or 2) Initiate an internal
improvement plan with multiple external contractors.
If the decision is to contract with Veolia, the contract will be presented in the February
21, 2012 Study Session and brought forward later for final approval.
If the decision is to initiate a plan without Veolia, the 2012 fiscal year budget will be
increased by $500,000 and the two new positions will be created. Additionally, contracts
for the two studies will be brought to Council for approval when they are ready.
Alternatives
It appears tha t the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve contracting Operations of the Wastewater Treatment Plant with
Veolia
2. Move to increase the current fiscal year budget by $500,000 to fund two new
positions and two studies; and establish the two new engineering positions.
3. Refer the issue to a committee
4. Postpone the issue to a future date
5. Take no action
Recommendation
City Administration recommends that the Council approve a resolution authorizing
contracting Operations of the Wastewater Treatment Plant with Veolia.
Sample Motion
Move to approve the resolution.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR QUALIFICATIONS
FOR
OPERATION, MAINTENANCE & MANAGEMENT AT WASTEWATER FACILITIES
RFP DUE DATE: August 16, 2011 at 4:00 p.m.
DEPARTMENT: Public Works
PUBLICATION DATE: July 20, 2011
NO. POTENTIAL BIDDERS: 8
SUMMARY OF PROPOSALS RECEIVED
Severn Trent Services Veolia Water
Fort Washington, PA Naperville, IL
USW Utility Group CH2MHill
Sioux City, IA Englewood, CO
cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jason Eley, Purchasing Agent
P1490
PUBLIC WORKS Wastewater Decision (A Fork in the Road) Improvement Initiative without Veolia Contract Operations with Veolia Two Options
PUBLIC WORKS Without Veolia Immediate Objectives 2. Plant process study to develop monitoring and automation plan 3. Survey available Asset Management Software and Services *FY2012 cost estimate: $200,000 - $500,000 *Product to include definition of scope (expectations), cost and time line for initiative
PUBLIC WORKS Without Veolia Evaluation Performance based evaluation of Plant (i.e. is the solution working?)
PUBLIC WORKS Decision: how to serve the Rate Payers with the most efficient cost effective wastewater treatment possible. Two Options Improvement Initiative without Veolia Contract Operations with Veolia
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 1 of 24
Agreement For
Operations, Maintenance and Management Services
THIS AGREEMENT is entered into effective the [XX] day of [XXXX, 20XX], by and between
The City of Grand Island, Nebraska with a business address at
P.O. Box 1968, Grand Island, Nebraska 68802 (hereinafter
"OWNER");
and
Veolia Water North America-Central, LLC, with a business
address at 184 Shuman Blvd., Suite 450, Naperville, Illinois 60563
(hereinafter "VWNA")
WHEREAS, OWNER owns and provides for the operation of wastewater treatment facilities; and,
WHEREAS, OWNER desires to employ the services of VWNA in the management, operation and
maintenance of these facilities, and VWNA desires to perform such services for the compensation
provided for herein; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth, OWNER and VWNA agree as follows:
1 General
1.1 Definitions of words and phrases used in this Agreement and the attachments are
contained in Appendix A.
1.2 All land, buildings, facilities, easements, licenses, rights-of-way, equipment and
vehicles presently or hereinafter acquired or owned by OWNER shall remain the
exclusive property of OWNER unless specifically provided for otherwise in this
Agreement.
1.3 This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Nebraska.
1.4 VWNA shall have the right to assign this Agreement only with OWNER’s consent.
However, VWNA may collaterally assign this Agreement and/or its right to any
payments hereunder, but not its obligations to perform services hereunder, to one or
more lenders providing financing to VWNA or any affiliate thereof. Any other
transfer or assignment by either VWNA or the OWNER of this Agreement shall be
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 2 of 24
null and void unless authorized by the other party in writing in advance, such
authorization not to be unreasonably withheld.
1.5 All notices shall be in writing and transmitted to the party's address stated above.
All notices shall be deemed effectively given when delivered, if delivered
personally or by courier mail service, i.e., Federal Express or United Parcel Service;
delivered 3 days after such notice has been deposited in the United States mail
postage prepaid, if mailed certified or registered U.S. mail, return receipt requested;
or when actually received by the party for which notice is intended, if given in any
other manner.
1.6 This Agreement, including Appendices A through E, is the entire Agreement
between the parties. This Agreement may be modified only by written agreement
signed by both parties. Wherever used, the terms "VWNA" and "OWNER" shall
include the respective officers, agents, directors, elected or appointed officials and
employees and, where appropriate, subcontractors or anyone acting on their behalf.
1.7 If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall remain in full force and effect, and shall in no way be affected,
impaired or invalidated.
1.8 It is understood that the relationship of VWNA to OWNER is that of independent
contractor. The services provided under this Agreement are of a professional nature
and shall be performed in accordance with good and accepted industry practices for
contract operators similarly situated. However, such services shall not be considered
engineering services, and nothing herein is intended to imply that VWNA is to
supply professional engineering services to OWNER, unless specifically stated in
this Agreement to the contrary.
1.9 If any litigation is necessary to enforce the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney’s fees, which are directly attributed to
such litigation, in addition to any other relief to which it may be entitled.
1.10 Nothing in this Agreement shall be construed to create in any third party or in favor
of any third party any right(s), license(s), power(s) or privilege(s).
1.11 Prior to the commencement of work under this Agreement, each party shall
designate in writing an employee or other representative of the designating party
who shall be the contact person for administration of this Agreement. With respect
to OWNER, such person shall not have the independent authority to approve
changes in the Scope of Work and compensation therefor, or to execute written
Change Orders reflecting such changes but instead shall make recommendations to
the council for approval..
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 3 of 24
2 VWNA's Services - General
2.1 VWNA will staff the Project with employees who have met appropriate licensing
and certification requirements of the State of Nebraska.
2.2 VWNA shall provide ongoing training and education for appropriate personnel in all
necessary areas of modern wastewater process control, operations, maintenance,
safety, and supervisory skills.
2.3 VWNA shall develop and/or supply and utilize computerized programs for
maintenance, process control, cost accounting, and laboratory Quality
Assurance/Quality Control.
2.4 Within forty-five (45) days after VWNA begins service under this Agreement,
VWNA will provide a physical inventory of OWNER's vehicles and equipment in
use at the Project and a general statement as to the condition of each piece of
equipment.
2.5 VWNA will provide OWNER with a physical inventory of chemicals and other
consumables on hand when VWNA begins services under this Agreement. VWNA
will provide OWNER with the same quantity of chemicals or equivalent upon
termination of this Agreement; in the event that the quantity transferred at
termination is more or less than the quantity at startup, the parties will perform a
“true up” and the overage or underage in quantity value will be paid by VWNA or
OWNER, as appropriate. (For example, if the starting quantity of a chemical was
100 pounds and the final quantity was 125 pounds, OWNER shall pay the value of
25 pounds to VWNA, and vice versa.)
2.6 VWNA shall be responsible for maintaining all manufacturers' warranties on new
equipment purchased by OWNER and assist OWNER in enforcing existing
equipment warranties and guarantees.
2.7 VWNA shall operate, maintain and/or monitor the Project on a 24-hour per day,
seven-day per week schedule.
2.8 Visits may be made at a reasonable time by OWNER's employees so designated by
OWNER's representative. Keys for the Project shall be provided to OWNER by
VWNA for such visits. All visitors to the Project shall comply with VWNA's
operating and safety procedures. Within a reasonable time after startup, the parties
will collaborate on a protocol for visits and work performed by OWNER’s
employees who are assigned to operation, maintenance, and repair of the wastewater
collection system.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 4 of 24
2.9 VWNA will perform a Comprehensive Criticality and Condition Assessment on
appropriate Plant equipment at the Project. The first Assessment will be delivered
to OWNER within 180 days of services beginning under this Agreement. This
evaluation may be updated annually at OWNER’s request. Costs incurred for the
Assessments shall be charged to the Maintenance and Repair Limit.
2.10 VWNA will implement and maintain an employee safety program in compliance
with applicable laws, rules and regulations...
2.11 VWNA may modify the process and/or facilities to achieve the objectives of this
Agreement and charge the Costs to the Maintenance and Repair Limit; provided,
however, no modification shall be without OWNER's prior written approval, if the
complete modification Cost shall be in excess of five thousand dollars ($5,000.00).
2.12 In any emergency affecting the safety of persons or property, VWNA may act
without written amendment or change order, at VWNA's discretion, to prevent
threatened damage, injury or loss. VWNA shall be compensated by OWNER for
any such emergency work notwithstanding the lack of a written amendment. Such
compensation shall include VWNA's Costs for the emergency work plus a
reasonable mark-up for overhead and profit. Nothing contained in this Section shall
impose upon VWNA a duty to perform any emergency work absent a change order,
and failure to perform any such emergency work shall not impose upon VWNA any
liability for errors and omissions.
2.13 As required by law, permit or court order, VWNA will prepare plant performance
reports and submit them to OWNER for signature and transmittal to appropriate
authorities.
2.14 VWNA will provide laboratory testing and sampling presently required by plant
performance portions of the NPDES permit and/or any federal, state or local rules
and regulations, statutes or ordinances, permit or license requirements or judicial and
regulatory orders and decrees.
2.15 VWNA will provide laboratory testing and sampling presently required by the City’s
IPP program.
2.16 VWNA will provide for the collection and hauling of solid waste, screenings, grit,
and scum (“Waste”) to OWNER's existing or approved disposal sites. It shall be the
sole right and responsibility of OWNER to designate, approve or select disposal
sites to be used by VWNA for OWNER's waste materials. All Waste and/or
byproduct treated and/or generated during VWNA's performance of services is and
shall remain the sole and exclusive property of OWNER. All manifests or other
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 5 of 24
documentation required for disposal of Waste shall be signed by or in the name of
the OWNER.
2.17 VWNA will provide for the dewatering and disposal of biosolids produced from the
OWNER's existing solids handling system. Changes in disposal sites, tipping fees,
processes or equipment will constitute a Change in Scope of Service. All biosolids
generated during VWNA's performance of services is and shall remain the sole and
exclusive property of OWNER. All manifests or other documentation required for
disposal of Waste shall be signed by or in the name of the OWNER.
2.18 Upon request of OWNER or as it shall deem necessary, VWNA will provide a
listing of recommended capital improvements required for the Project. VWNA will
not be relieved of its responsibility to perform if the recommendations are not
implemented; provided, however, that capital improvement necessary to: (i) meet
effluent requirements; (ii) meet federal, state or local laws, rules or regulations for
the safety or accessibility of persons in or about the Project shall not be optional for
the OWNER. If approved, the OWNER will make arrangements for the design and
construction of said improvements.
2.19 VWNA may coordinate modifications to the facilities required to comply with
OSHA standards and all costs associated therewith shall be charged to the
Maintenance and Repair Limit.
2.20 VWNA will retain ownership of any vehicles, predictive maintenance equipment
and/or computers supplied. In the event that this contract is terminated by the
OWNER prior to the natural expiration of any term, then at VWNA’s option it may
transfer all or part of such equipment (including potentially the transfer of leases for
vehicles used at the project) to the OWNER. In such case, OWNER shall be
responsible to pay any ongoing costs of ownership or lease, along with any
unamortized costs of acquisition of the equipment.
2.21 Representatives of VWNA and the OWNER shall meet on a quarterly basis for the
purpose of discussing and resolving odor control and/or any other issues that may
arise.
3 VWNA's Scope of Services - Wastewater
3.1 This Article shall apply to VWNA's OM&M services for the OWNER's wastewater
treatment system.
3.2 Within the design capacity and capabilities of the Waste Treatment Plant described
in Appendix B, VWNA will manage, operate and maintain the Plant so that effluent
discharged from the Plant's outfalls meets the requirements specified in Appendix C-
1.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 6 of 24
3.3 VWNA will perform all Maintenance and Repairs for the Wastewater portion of the
Project, and submit a monthly accounting to OWNER, along with a detailed invoice,
if Maintenance and Repair expenditures for the Project exceed the Maintenance and
Repair Limit specified in Section 5.1.
4 OWNER's Duties
4.1 The OWNER shall fund and shall pay the full cost of all necessary Capital
Expenditures. Priority shall be given to safety and the ADA related expenses
described in Section 2.18. Any loss, damage, or injury resulting from OWNER's
failure to provide capital improvements and/or funds in excess of the Maintenance
and Repair Limit, when reasonably requested by VWNA, shall be the sole
responsibility of OWNER.
4.2 The OWNER shall keep in force all Project warranties, guarantees, easements and
licenses that have been granted to OWNER and are not transferred to VWNA under
this Agreement.
4.3 The OWNER shall pay all sales, excise, ad valorem , property, franchise,
occupational and disposal taxes, or other taxes associated with the Project, if any,
other than taxes imposed upon VWNA's net income and/or payroll taxes for VWNA
employees.
It is the mutual intention of the OWNER and VWNA that VWNA will have the
benefit of the same tax exemptions related to operation of municipal
wastewater/pollution control assets that the OWNER is entitled to (for example, for
the purchase of chemicals, parts, supplies, etc.), and to the extent permitted by law
VWNA shall be considered as OWNER’s agent for purposes of purchasing such
items for use at the Facilities. In the event VWNA is required to pay any sales tax or
use taxes on the value of the services provided by VWNA hereunder or the services
provided by any subcontractor of VWNA, such payments shall be reimbursed by the
OWNER, unless the OWNER furnishes a valid and properly executed exemption
certificate relieving the OWNER and VWNA of the obligation for such taxes. In the
event the OWNER furnishes an exemption certificate which is invalid or not
applicable to services by VWNA, the OWNER shall indemnify VWNA for any
taxes, interest, penalties, and increment costs, expenses or fees which it may incur as
a result of VWNA’s reliance on such certificate.
4.4 The OWNER may provide VWNA, within a reasonable time after request and on an
"as available" basis, with the temporary use of any piece of OWNER's heavy
equipment that is available so that VWNA may discharge its obligations under this
Agreement in the most cost-effective manner. The provision of equipment pursuant
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 7 of 24
to this section shall be at OWNER’s discretion, and OWNER shall not be required to
provide temporary use of any equipment if it does not wish to do so.
4.5 OWNER shall provide for VWNA's exclusive use of all equipment presently in full-
time use at the Project.
4.6 OWNER shall provide the Project with appropriate devices (e.g. video monitoring,
coded entry to treatment facilities, etc.) to protect against any losses resulting from
the theft, damage, or unauthorized use of property owned by OWNER and shall
accept liability for such losses, except to the extent such losses are directly caused by
the negligent acts or omissions of VWNA.
4.7 OWNER warrants that during the interim period between the initial Project
inspection by VWNA and the commencement date, the plants, facilities and
equipment have been operated only in the normal course of business, all scheduled
and proper maintenance have been performed, and there are no issues known to
OWNER regarding the condition of the Project and Facility composing the Project
and/or any equipment used by the Project.
4.8 OWNER shall be responsible for the payment of all accrued vacation and related
time or benefits of OWNER employees upon the effective date of this agreement.
4.9 OWNER shall be responsible for the cleaning and disposal of biosolids from the
sludge storage lagoons. VWNA will continue to manage and oversight of the day-
to-day cleaning and disposal process.
5 Compensation
5.1 VWNA's compensation under this Agreement shall consist of an Annual Fee. The
Annual Fee shall include limits for Maintenance and Repair and Electric Utilities.
For the first year of this Agreement the Annual Fee shall be Three Million, Four
Hundred Forty Seven Thousand, One Hundred Ninety One Dollars ($3,447,191).
The Maintenance and Repair Limit included in the Annual Fee is Three Hundred
Forty Two Thousand, Three Hundred Sixteen Dollars ($342,316). The “Electrical
Utility Limit” included in the Annual Fee is Six Hundred Twenty One Thousand,
and Fifty Two Dollars ($621,052).
All costs related to odor control are not included in the Annual Fee and will be
reimbursed at a Cost Plus 10%.
5.2 If actual Maintenance and Repair expenditures exceed the Maintenance and Repair
Limit by ten percent (10%) or greater, OWNER will pay the excess over ten percent
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 8 of 24
to VWNA in accordance with Section 6.3. VWNA will notify OWNER when
actual Maintenance and Repair expenditures equal eighty percent (80%) of contract
limits. If actual Electric Utilities expenditures exceed the Electric Utilities Limit,
OWNER will pay the excess to VWNA in accordance with Section 6.3. VWNA
agrees to monitor the Maintenance and Repair and Electric Utilities expenditures
and report to the OWNER those expenditures on a monthly basis.
5.3 The Annual Fee shall be negotiated each year at least four (4) months prior to the
anniversary of this Agreement's commencement date. Should OWNER and VWNA
fail to agree, the Annual Fee will be determined by the application of the procedures
in Appendix D. The Maintenance and Repair Limit shall increase by a percentage
equal to the change in the Annual Fee.
5.4 The Electric Utilities Limit shall be increased or decreased annually by applying the
percentage differential between the annual cost for electricity for the current year
and the annual cost for electricity for the immediately preceding year to the existing
Electric Utilities Limit. For example, the 2014 Electric Utilities Limit will be
determined by taking the 2013 Electric Utilities Limit and multiplying it by the cost
percentage change from 2012 to 2013.
6 Payment of Compensation
6.1 One-twelfth (1/12) of the Annual Fee for the current year shall be due and payable
on the first business day fo llowing the first regular meeting of the Grand Island City
Council of the month for each month that services are provided.
6.2 All other compensation to VWNA is due upon receipt of VWNA's invoice and
payable within fifteen (15) forty-five (45) days.
6.3 Any monies payable pursuant to Section 5.2 will be paid within sixty (60) forty-five
(45) calendar days after the end of each Agreement year.
6.4 OWNER shall pay interest at an annual rate equal to the prime rate published by the
Wall Street Journa l plus four percent (4.0%), said rate of interest not to exceed any
limitation provided by law, on payments not paid and received within thirty (30)
calendar days of the due date, such interest being calculated from the due date of the
payment. In the event the charges hereunder might exceed any limitation provided
by law, such charges shall be reduced to the highest rate or amount within such
limitation.
6.5 Odor Control Costs will be invoiced quarterly on a Cost plus 10% rate. OWNER
will pay VWNA in accordance with Section 6.2.
7 Scope Changes
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 9 of 24
7.1 A Change in Scope of services shall occur when and as VWNA's costs of providing
services under this Agreement change as a result of:
7.1.1 any change in Project operations, personnel qualifications or staffing or
other cost which is a result of an Unforeseen Circumstance;
7.1.2 increases or decreases of not less than ten percent (10%) in the number of
users connected to the facilities;
7.1.3 increases or decreases of not less than ten percent (10%) in the influent
flow or loadings as demonstrated by a twelve month floating average
compared to the twelve month period ending on the effective date of this
Agreement (baseline flow and loading information is located in Appendix
C);
7.1.4 increases or decreases in rates or other related charges (including taxes)
imposed upon VWNA by a utility provider or taxing authority, excluding
taxes based on VWNA's net income; and/or
7.1.5 OWNER's request of VWNA and VWNA's consent to provide additional
services.
7.1.6 increases or decreases of greater than 20% on average in a 12 month
period in insurance premium costs, healthcare benefit costs, or chemical
costs which are not caused by the fault of either party.
7.2 For Changes in Scope described in Sections 7.1.1 through, and including, 7.1.3, the
Annual Fee shall be increased (or decreased) by an amount equal to VWNA's
additional (reduced) Cost associated with the Change in Scope. Modifications of the
Annual Fee as a result of conditions described in Section 7.1.3 shall be retroactive to
the beginning of the twelve month comparison period.
7.3 For Changes in Scope described in Section 7.1.4, the Annual Fee shall be increased
(or decreased) by an amount equal to VWNA's additional (reduced) Cost associated
with the Change in Scope. (See Section 7.5)
7.4 OWNER and VWNA shall negotiate an increase in VWNA's Annual Fee for
Changes in Scope based on Sections 7.1.5 and 7.1.6.
8 Indemnity, Liability and Insurance
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 10 of 24
8.1 VWNA hereby agrees to indemnify and hold OWNER harmless from any liability
or damages for bodily injury, including death, which may arise from VWNA's
negligence or willful misconduct under this Agreement; provided, VWNA shall be
liable only for that percentage of total damages that corresponds to its percentage of
total negligence or fault.
8.2 OWNER agrees to indemnify and hold VWNA harmless from any liability or
damage or bodily injury, including death, which may arise from all causes of any
kind other than VWNA's negligence or willful misconduct, including, but not
limited to, breach of an OWNER warranty.
8.3 Both parties shall be liable to the other to the extent specified in this Agreement for
direct damages caused to that party as permitted by law, but neither party nor their
affiliated companies, officers, agents, employees or contractors, shall be liable to
the other in any action or claim for indirect, consequential or special damages,
loss of profits, loss of opportunity, loss of product or loss of use.
8.4 VWNAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
8.5 VWNA shall be liable for those fines or civil penalties imposed by a regulatory or
enforcement agency for violations occurring on or after the start of operations under
this Agreement, of the effluent quality requirements provided for in Appendix C-1
that are a result of VWNA's negligence. OWNER will assist VWNA to contest any
such fines in administrative proceedings and/or in court prior to any payment by
VWNA. VWNA shall pay the cost of any such contest.
8.6 OWNER shall be liable for those fines or civil penalties imposed by any regulatory
or enforcement agencies on OWNER and/or VWNA that are not a result of
VWNA's negligence or are otherwise directly related to the ownership of the Project
and shall indemnify and hold VWNA harmless from the payment of any such fines
and/or penalties.
8.7 To the fullest extent permitted by law and notwithstanding any other provision of
this Agreement, VWNA's liability for performance or non-performance of any
obligation arising under the Agreement (whether arising under breach of contract,
tort, strict liability, or any other theory of law or equity) including, but not limited
to its indemnity obligations specified in Section 8.1 of the Agreement, shall be
limited to: (i) general money damages in an amount equal to the amount of any
proceeds of insurance received by the OWNER or to which VWNA is entitled
pursuant to any general liability insurance or automobile liability policy required
to be maintained by VWNA hereunder as specified in Appendix F (without regard
to the amount of any deductible which may be applicable under any such general
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 11 of 24
liability or automobile liability policy) with respect to such loss; or (ii) to the
extent proceeds of insurance are not received and such general liability or
automobile insurance is not applicable, a cumulative aggregate over the full initial
term and any extended term(s) of this agreement of an amount not to exceed One
Million Seven Hundred Thousand Dollars ($1,700,000).
8.8 Each party shall obtain and maintain insurance coverage of a type and in the
amounts described in Appendix E. Each party assumes the risk of loss or damage to
its respective property, from any cause, including the actual or alleged negligence or
strict liability of the other party, and shall maintain broad form property insurance in
order to protect both parties against any such loss. Each party shall provide the other
party with satisfactory proof of insurance.
8.9 Indemnity agreements provided for in this Agreement shall survive the termination
of the Agreement.
9 Term, Termination and Default
9.1 The initial term of this Agreement shall be five (5) years commencing [[DATE]].
Thereafter, this Agreement shall be automatically renewed for two successive terms
of five (5) year each, unless canceled in writing by either party no less than one
hundred and twenty (120) days prior to expiration. Provided, however, that either
party will have a right to terminate this Agreement without cause or penalty, and
subject only to the contractual consequences of termination (for example, those
provisions governing inventory true-up and transfer of equipment but excluding any
markup over Cost or similar profit or penalty, such as the markup described in
Section 9.3), at the end of the third year of the initial term, and thereafter at the end
of the third year of any successive terms, upon notice in writing of not less than one
hundred twenty (120) days prior to the end of such third year.
9.2 Except as otherwise set forth herein, a party may terminate this Agreement only for
a material breach of the Agreement by the other party; only after giving written
notice of breach; and, except in case of a breach by OWNER for non-payment of
VWNA's invoices, in which case termination may be immediate by VWNA, only
after allowing the other party thirty (30) days to cure or commence taking reasonable
steps to cure the breach.
9.3 Upon notice of termination by OWNER, VWNA shall assist OWNER in assuming
operation of the Project. If additional Cost is incurred by VWNA at request of
OWNER, OWNER shall pay VWNA such Cost plus a markup of fifteen percent
(15%) for profit within 15 days of invoice receipt.
9.4 Upon termination of this Agreement and all renewals and extensions of it, VWNA
will return the Project to OWNER in the same condition as it was upon the effective
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 12 of 24
date of this Agreement, ordinary wear and tear excepted. Equipment and other
personal property purchased by VWNA for use in the operation or maintenance of
the Project shall remain the property of VWNA upon termination of this Agreement,
unless the property was directly paid for by OWNER, or OWNER specifically
reimbursed VWNA for the cost incurred to purchase the property, or this Agreement
provides to the contrary. Any costs for the ongoing use, transfer, or support of
software or hardware systems used at the project will be the responsibility of
OWNER.
10 Disputes and Force Majeure
10.1 In the event activities by employee groups or unions cause a disruption in VWNA's
ability to perform at the Project, OWNER, with VWNA's assistance or VWNA at its
own option, may seek appropriate injunctive court orders. During any such
disruption, VWNA shall operate the facilities on a best-efforts basis until any such
disruptions cease.
10.2 Neither party shall be liable for its failure to perform its obligations under this
Agreement, if such failure is due to any Unforeseen Circumstances beyond its
reasonable control or force majeure. However, this Section may not be used by
either party to avoid, delay or otherwise affect any payments due to the other party.
11 Confidentiality
11.1 VWNA or OWNER may from time to time disclose to the other party confidential
information relating to the provision of services or the terms of this Agreement
(“Confidential Information”). Neither party will disclose Confidential Information
of the other to any third party, or use such Confidential Information for any
purpose other than as specified herein, without the express written consent of the
other party. Confidential Information will be clearly designated in writing as
confidential. Confidential Information does not include information: (a) generally
available to or kno wn to the public; (b) previously known to the recipient; (c)
independently developed by the recipient outside the scope of this Agreement; (d)
lawfully disclosed by a third party; or (e) required to be disclosed by operation of
law. Upon any termination or expiration of this Agreement in accordance with its
terms, each party will, within a reasonable period of time thereafter return all
confidential or proprietary information received from the other party under the
terms of this Agreement, except that each party may retain a legal file copy.
11.2 Any protectable intellectual property developed or used by VWNA in the course
of performing the services under this Agreement shall be the exclusive property of
VWNA.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 13 of 24
[END OF TEXT THIS PAGE]
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 14 of 24
The parties hereto indicate their approval of this Agreement by their signatures below, and each
party warrants that all corporate or governmental actions necessary to bind the parties to the terms
of this Agreement have been and will be taken.
VEOLIA WATER NORTH AMERICA-CENTRAL, LLC
By:_________________________________
Name: ______________________________
Title: _______________________________
Date:________________________________
CITY OF GRAND ISLAND, NEBRASKA
By:________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 15 of 24
CERTIFICATE OF COUNSEL
The undersigned, as counsel(s) for the City of Grand Island in this transaction, hereby certifies that
(s)he has examined the circumstances surrounding the selection of Veolia Water North America-
Central, LLC ("VWNA") and the award and letting of the foregoing contract to VWNA by the City
of Grand Island and has found that said selection and award process comply with the procurement
laws of the State of Nebraska, and the City of Grand Island.
_______________________________ Date: ____________________
Counsel for City of Grand Island
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 16 of 24
APPENDIX A
DEFINITIONS
A.1 “Abnormal Substances” means substances or materials that: (i) create a fire or explosion
hazard at the Facility; (ii) will cause corrosive structural damage to the Facility; (iii)
contain solid or viscous pollutants in amounts which will cause obstruction to the flow in
the Facility; (iv) are present in flow rates or concentrations that will cause Interference or
Pass Through; (v) will result in the presence of toxic gases, vapors or fumes within the
Facility in a quality that may cause acute worker health and safety problems; or (vi) will
result in an alteration of the requirements or costs for the operation or maintenance of the
Facility.
A.2 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents
proportional to BOD5 in the ratio of five (5) parts nitrogen, one (l) part phosphorus, and one-
half (0.5) part iron for each one hundred (100) parts BOD5.
A.3 "Annual Fee" means a predetermined, fixed sum for VWNA's services. The Annual Fee
includes Cost and profit.
A.4 "Biologically Toxic Substances" means any substance or combination of substances
contained in the plant influent in sufficiently high concentration so as to interfere with the
biological processes necessary for the removal of the organic and chemical constituents of
the wastewater required to meet the discharge requirements of OWNER's Certificate of
Approval. Biologically toxic substances include, but are not limited to, heavy metals,
phenols, cyanides, pesticides and herbicides.
A.5 "Capital Expenditures" means any expenditures for (1) the purchase of new, repaired, or
replacement of equipment or facility items that cost more than Fifteen Thousand Dollars
($15,000.00); or (2) major repairs or replacements which significantly extend equipment or
facility service life and cost more than Fifteen Thousand Dollars ($15,000.00) or (3)
expenditures that are planned, non-routine and budgeted by OWNER.
A.6 "Cost" means all Direct Cost and indirect cost determined on an accrual basis in accordance
with generally accepted accounting principles.
A.7 “Condition Assessment” means. the evaluation of critical equipment using industrial
standards such as PSAT, Air-master and Motor Master (all DOE-developed tools) and
other predictive maintenance technologies as well as in-house developed spreadsheets
and databases to asses and quantify asset condition.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 17 of 24
A.8 “Criticality Assessment” means the ranking of environmental, financial and/or safety risk
based on the consequence of failure.
A.9 "Direct Cost" means the actual cost incurred for the direct benefit of the Project including,
but not limited to, expenditures for project management and labor, employee benefits,
chemicals, lab supplies, repairs, repair parts, maintenance parts, safety supplies, gasoline,
oil, equipment rental, legal and professional services, quality assurance, travel, office
supplies, other supplies, uniforms, telephone, postage, utilities, tools, memberships and
training supplies.
A.10 "Electrical Utility Limit" means the amount apportioned within the Annual Fee to cover the
annual cost for electrical utility service at the Wastewater Treatment Plant. The limit is set
assuming the installation of the planned 400 HP blowers. Costs exceeding the limit will be
reimbursed by the OWNER as set forth herein.
A.11 "Maintenance" means those routine and/or repetitive activities required or recommended by
prudent industry practices or by VWNA to maximize the service life of the equipment,
sewer, vehicles and facilities.
A.12 "Maintenance and Repair Limit" means the total Maintenance and Repair expenditures that
VWNA has included in the Annual Fee. Such expenditures exclude any labor costs for
VWNA's staff assigned to the Project. VWNA's specialized maintenance personnel, not
assigned at the Project, who provide such specialized services such as, but not limited to,
vibration, thermographic and electrical analyses, instrumentation maintenance and repair
will be charged to the Maintenance and Repair Limit.
A.13 “Odor Control Cost” means the cost for chemicals, the purchase and/or lease of equipment
used to mitigate odors, and the upkeep of such equipme nt. Cost to maintain the equipment
will be charged to the Repair & Maintenance Limit.
A.14 The "Project" means all equipment, vehicles, grounds, rights of way, sewers and facilities
described in Appendix B and, where appropriate, the management, operations and
maintenance of such.
A.15 "Repairs" means those non-routine/non-repetitive activities required for operational
continuity, safety and performance generally due to failure or to avert a failure of the
equipment, sewer, vehicles or facilities or some component thereof.
A.16 "Unforeseen Circumstances" shall mean any event or condition which has an effect on the
rights or obligations of the parties under this Agreement, or upon the Project, which is
beyond the reasonable control of the party relying thereon and constitutes a justification for
a delay in or non-performance of action required by this Agreement, including but not
limited to (i) an act of God, landslide, lightning, earthquake, tornado, fire, explosion, flood,
failure to possess sufficient property rights, acts of the public enemy, war, blockade,
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 18 of 24
sabotage, insurrection, riot or civil disturbance, (ii) preliminary or final order of any local,
province, administrative agency or governmental body of competent jurisdiction, (iii) any
change in law, regulation, rule, requirement, interpretation or statute adopted, promulgated,
issued or otherwise specifically modified or changed by any local, province or governmental
body, (iv) labor disputes, strikes, work slowdowns or work stoppages, but excluding labor
disputes, strikes, work slowdowns or work stoppages by employees of VWNA; and (v) loss
of or inability to obtain service from a utility necessary to furnish power for the operation
and maintenance of the Project.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 19 of 24
APPENDIX B
DESCRIPTION OF PROJECT
VWNA agrees to provide the services necessary for the management, operation and maintenance of
the following:
a. All equipment, vehicles, grounds and facilities now existing within the
present property boundaries of or being used to operate OWNER's Wastewater
Treatment facility located at 3013 East Swift Road, Grand Island, Nebraska 50501.
b. All equipment, vehicles (except pick-up trucks), grounds and facilities now
existing within the present property boundaries of lift stations described as follows:.
Station ID Location Status Lift Station #1
2004 W 3rd Street On-line
Lift Station #2 Five Points
On-line
Lift Station #3 Off-line
Lift Station #4 Broadwell Ave & BNSF Tracks On-line
Lift Station #5
5th St & Evans Street On-line
Lift Station #6 Off-line
Lift Station #7 Phoenix Ave & Grand Street On-line
Lift Station #8 Forrest Street & Custer Ave On-line
Lift Station #9 On-line
Lift Station #10 20th & Sycamore Street On-line
Lift Station #11 8th Street & Custer On-line
Lift Station #12 Off-line
Lift Station #13 18th Street & Indiana Street On-line
Lift Station #14 Broadwell Park On-line
Lift Station #15 17th Street & Hanocock Ave On-line
Lift Station #17 Locust & Ramada Rd On-line
Lift Station #18 Shady Bend Road On-line
Lift Station #19 Capital Ave & Diers Ave On-line
Lift Station #20 Highway 281 & Highway 34 On-line
Lift Station 3340 N Shady Bend Road On-line
Storm Water Pump Station
Storm Water Pump Station
Storm Water Pump Station
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 20 of 24
b. All OWNER provided vehicles and equipment now existing for use at the
Project:
Unit # Model
741 Mixer Truck
742 Mixer Truck
750 621E Case Loader
752 Sterling Dump w/Pup
753 Ford 8000 Dump
754 IHC Dump
755 Ford 9000 Dump
756 IHC Dump
757 Hicklan Gen 210KW
758 Winco Gen 25KW
760 JD MB Injection Pump
761 4" Ford Pump
766 10" JD/GR Emerg. Pump
767 John Deere Tractor 4640
771 10 yd Dump Truck
775 Onan 70KW Generator
781 Ford Semi Tractor
783 Nisson Fork Lift
786 Blue Ford Tractor
788 621D Case Loader
789 Backhoe
792 4650 John Deere Tractor
Mustang Telehandler
Winco Gen 65KW
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 21 of 24
APPENDIX C-1
NPDES PERMIT AND
PROJECT CHARACTERISTICS
WASTEWATER TREATMENT
C.1 VWNA will operate so that effluent will meet the requirement of NPDES permit number
[[XXXXX]] effective [[DATE]] and expiring [[DATE]], a full and complete copy of which
is adopted by reference herein as of the date hereof. VWNA shall be responsible for meeting
the effluent quality requirements of the Permit unless one or more of the following occurs:
(1) the Project influent does not contain Adequate Nutrients to support operation of Project
biological processes and/or contains Abnormal Substances or Biologically Toxic Substances
which cannot be removed by the existing process and facilities; (2) dischargers into
OWNER's sewer system violate any or all regulations as stated in OWNER's Industrial
Water and Sewer Ordinance(s) or as required by law; (3) the flow or influent BOD5 and/or
suspended solids exceeds the Project design parameters which are xxx million gallons of
flow per day, xxxx pounds of BOD5 per day, xxxx pounds of suspended solids, xxx pounds
per day of ammonia and a daily peaking factor of xxx times flow; (4) if the Project is
inoperable or can operate only at a reduced capacity on account of construction activities,
fire, flood, adverse weather conditions, labor disputes or other causes beyond VWNA's
control.
C.2 At the completion of the scheduled Wastewater rehabilitation projects the various quantities
cited in paragraph C.1 shall be reviewed by VWNA and the OWNER.
C.2
C.3 In the event any one of the Project influent characteristics, suspended solids, BOD5 or flow,
exceeds the design parameters stated above, VWNA shall return the plant effluent to the
characteristics required by NPDES in accordance with the following schedule after Project
influent characteristics return to within design parameters.
Characteristics Exceeding Recovery Period
Design Parameters By Maximum
10% or Less 5 days
Above 10% Less than 20% 10 days
20% and Above 30 days
Notwithstanding the above schedule, if the failure to meet effluent quality limitations is
caused by the presence of Abnormal Substances or Biologically Toxic Substances or the
lack of Adequate Nutrients in the influent, then VWNA will have a thirty (30) day recovery
period after the influent is free from said substances or contains Adequate Nutrients.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 22 of 24
C.3
C.4 VWNA shall not be responsible for fines or legal action as a result of discharge violations
occurring within the scope of the facility’s design parameters. The OWNER shall be
responsible for fines or legal action as a result of discharge violations resulting from
abnormal substances or occurring outside the scope of the facility’s design parameters.
period and any subsequent recovery period that (1) influent exceeds design parameters; or
(2) does not contain Adequate Nutrients; or (3) contains Abnormal Substances or
Biologically Toxic Substances; or (4) is inoperable.
C.4
C.5 The Annual Fee for services under this Agreement is based upon the following:
(a) Project influent characteristics:
Flow [[XXXX]] gpd
NH4N [[XXX]] pounds per day
BOD5 [[XXX]] pounds per day
TSS [[XXX]] pounds per day
DHS* [[XXX]] mg/L
*DHS means Dissolved Hydrogen Sulfide concentration.
The above characteristics are the design criteria for the facility. Any change of 10 percent
(10%) or more in any of these characteristics, based upon a twelve (12) month moving
average, will constitute a Change in Scope. (See Article 7)
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 23 of 24
APPENDIX D
ANNUAL FEE ADJUSTMENT FORMULA
Annual Adjustment
Annually until the expiration or earlier termination of this Agreement, the Annual Fee
shall be adjusted each year, such adjustment becoming effective on the anniversary date
of the commencement date of the Initial Term. The parties may negotiate each
adjustment, but in the event that they are not able to mutually agree on an adjustment the
Base Compensation shall be adjusted according to the change in the Escalation Factor.
The Escalation Factor is comprised of the following:
(a) 50.8% of the year-to-year change in the Consumer Price Index, All Urban Consumers
(“CPI-U”), as published by the United States Department of Labor, Bureau of Labor
Statistics Not Seasonally Adjusted, US City Average, All Items, Series
ID:CUUR0000SA0;
plus
(b) 47.7% of the year-to-year change in the Employment Cost Index (“ECI”) as
published by the United States Department of Labor, Bureau of Labor Statistics Not
Seasonally Adjusted, Compensation-Civilian Workers-Service Occupations, Series
ID: CIU1010000300000I;
plus
(c) 1.5% of the year-to-year change in the Producer Price Index (“PPI”) as published by
the United States Department of Labor, Bureau of Labor Statistics Not Seasonally
Adjusted, Chemicals and Allied Products – Series ID: WPU06.
For purposes of this Agreement, the indices applicable to calculation of the Escalation
Factor shall be the indices published in March of each year.
In no event shall the Annual Fee be reduced by application of the adjustment formula.
VWNA-City of Grand Island, Nebraska O&M Agreement 10-2011
Page 24 of 24
APPENDIX E
INSURANCE COVERAGE
VWNA SHALL MAINTAIN:
1. Statutory workers’ compensation for all of VWNA’s employees at the Project as
required by the State of Nebraska.
2. Commercial General Liability insurance, insuring VWNA's negligence, in an
amount not less than $1,000,000 each occurrence and $5,000,000 aggregate for
bodily injury and/or property damage.
3. Business Automobile Liability insurance, insuring owned, non-owned and hire
automobiles in an amount not less than $1,000,000 combined single limit.
OWNER SHALL MAINTAIN:
1. Statutory workers’ compensation for all of OWNER’s employees associated with
the Project as required by the State of Nebraska.
2. Property damage insurance for all property, including vehicles owned by
OWNER and operated by VWNA under this Agreement. Any property, including
vehicles, not properly or fully insured shall be the financial responsibility of the
OWNER.
VWNA will provide at least thirty (30) days’ notice of the cancellation of any policy it is
required to maintain under this Agreement. VWNA may self-insure reasonable deductible
amounts under the policies it is required to maintain to the extent permitted by law. Each party
shall include the other party as an additional insured on the coverages, excluding workers’
compensation, required to be maintained hereby and shall contain a waiver of subrogation in
favor of the other part as respects any claims covered or which should have been covered by
valid and collectible insurance including any deductibles or self insurance maintained
thereunder.
I
I
. ,. · ;.·
WATER POLICY STATEMENT OF THE CITY OF GRAND ISLAND 57
MUNICIPAL WATER SUPPLY VITAL INTEREST
The municipal water supply of the City of Grand I sland is. a vital economic interest
to the Grand Island region. Protection of that supply is the unique responsibility of the
City of Grand Island and should remain a key element in the water policy of the City of
Grand Island. (
MUNICIPAL WATER SUPPLY
The Grand Island municipal water supply depends upon the maintenance of high·
quality instream flows of water in the Platte River. The quantity and quality of the Platte
River water at the wellfield is dependent upon the management practices of upstream water
users. Nitrate contamination of the ground water in the Platte Valley has compelled
maintenance of instream flows of the Platte River as the only economically viable alternativ e for municipal water supplies. Protection of those instream flows should remain a
key element in the water policy of the City of Grand Island.
TRANSBASIN DIVERSION OF PLATTE RIVER
Transbasin diversion of water from the Platte Rivcr will have a long-term negative
impact upon the economic and environmental interests of the Platte Valley. The City of
Grand Island should continue to vigorously oppose present nnd future applications for
transbasin diversion of Platte River flows.
INDIRECT TRANSBASIN DIVERSION
Transbasin diversion may occur directly through surface flows and indirectly through
groundwater mounding. All reasonabJe efforts to reduce or eliminate indirect transbasin
diversion should be pursued.
OPEN REVIEW AND EXAMINATION Of MANAGEMENT PRACTICES
The management practices of all water users who depend upon the water resources
of the Platte valley should be open to review and examination. Reasonable modifications
of those management practices to protect and enhance the economic and environmental
interests of the Platte valley should be encouraged.
IRRIGATED AGRICULTURE VITAL INTEREST
Irrigated agriculture is a vital economic interest to all of the Platte valley. Protection
of cxisling Platte valley irrigation should remain a key element in the water policy of the
City of Grand Island.
RIVERINE ENVIRONMENT VITAL INTEREST
The riverine environment of the Platte River is a vital economic and environmental
interest to all of the Platte valley. Protection of riverine environment should remain a key
element in the water policy of the City of Grand Island.
COMMITIMENT TO PUBLIC INTEREST
The water resources of the Stale of Nebraska require protective management to
serve to long-term interests of all concerned. The water management practic es of the City
of Grand Island should be open to examination and modification to protect the public
interest. The water management practices of all applicants for use of Platte River water
should be open to exa mination and modification to protect the public interest
:
I
I
58
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Water Policy
( Statement of the City of Grand Island pertaining to:
Municipal water Supply Vital Interest
Municipal Water Supply
Transbasin Diversion of Platte River
Indirect Transbasin Diversion
Open Review and Examination of Management Practices
Irrigated Agriculture Vital Interest
Riverine Environment Vital Interest
Commitment to Public Interest
be, and hereby is, approved and adopted by the City in support of management practices
of the Platte River; a copy of such policy attached to this resolution and incorporated
herein by reference.
Moved by Councilmember JOHNSON
Seconded by Councilmember NEAL
Roll call vote: 11Yes11 HUTCHINSON. MURRAY. JOHNSON. NEAL. FEASTER.
SEIFERT, SORENSEN, SHAFER AND KUZMA.
11No': WIT
Motion carried DECEMBER 9. 1991
DEC. 9, 1991
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
December 9, 1991
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on December 11, 1991. Notice of
this meeting was given in the Grand Island Daily Independent on December 6, 1991
A quorum present, Mayor Dobesh call the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. Councilmember Kuzma arrived at 8:15
p.m. The following officials were present: City Attorney Keith Sinor, Public Works Director
Wayne Bennett and City Clerk Muritta Czaplewski.
Invocation was given by Captain Kevin VanZee of the Salvation Army.
Approval of Minutes: Motion by Sorensen, second by Shafer, carried unanimously to approve
the minutes of the Regular Council Meeting, November 25, 1991; Special Council Meeting,
December 2, 1991; and Study Session, December 2, 1991.
PUBLIC HEARING: Proposed Amendment to provisions of the Zoning Ordinance governing
signage. A change in the zoning ordinance is required to eliminate a conflict with the sign code
portion of the City Code which was amended by the City Council recently. This hearing was
held to solicit public comment and there was none. (See Ordinance No. 7774).
PUBLIC PARTICIPATION:
The following citizenry spoke out about the water application: George Myers, 4914 Kearney
Road favored the City Council's action in opposing the application. Mike O'Neill, 503 O'Neill
Circle urged the Council to study this issue very cautiously; Lawrence Krug, 2103 Park Drive,
asked that the water not be shut off to the irrigators; June O'Neill, 503 West O'Neill Circle,
feels the Platte River Maintenance Whooping Crane Trust is destroying other wildlife habitats
to perpetuate the trust area as a crane trust; Jim Sanders, 281 North Harrison, talked about
whose interest the council should defend; Tina Heinz, Executive Director of the Grand Island
Convention and Visitors Bureau, stressed the use of collective intelligence and reason to develop a
water management policy that is in the best interest of everyone; and Tim Anderson of Central
Nebraska Public Power and Irrigation District, suggested changes be made to the water policy
that was being proposed and stated his organization will be presenting a plan that will be very
beneficial to the City of Grand Island.
Louise Miller, 1104 West Charles, believes the City should be responsible for the maintenance
of water pipes up to the curb box.
DEC. 9, 1991
Page 2, Regular Council Meeting, December 9, 1991
DISCUSSION AND INFORMATION ITEMS:
Election of City Council President: Councilmember Wit nominated Councilmember Hutchinson
and Councilmember Sorensen nominated Larry Seifert. Motion was made by Murray to table
this issue until after Councilmember Kuzma arrived at the meeting. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Feaster, Seifert, and Shafer voted aye. None voted nay.
Neal and Sorensen abstained. Motion carried.
Approval of City Council Committee/Liaison Anpointments. Motion by Sorensen, second by
Shafer, carried unanimously to approve the City Council Committee/liaison Appointments which
are as follows: Robert Sorensen to City-County Board of Health; Joni Kuzma, Mike Shafer and
Larry Seifert to City-County Joint Communications/Civil Defense Committee; Mike Hutchinson
and Larry Seifert as Community Development Liaisons; Burton Feaster, Michael Hutchinson,
and Alice Neal as Downtown liaisons; Glen Murray as Industrial Foundation Liaison; Glen
Murray to League of Municipalities Legislative Committee; Steve Johnson and Mike Shafer as
Regional Planning Liaisons; Gary Wit, Joni Kuzma and Bob Sorensen as School Liaisons;
Burton Feaster, Steve Johnson and Alice Neal to Warm Slough-Moores Creek Advisory
committee and Gary Wit, Alice Neal, Joni Kuzma and Steve Johnson to Compost committee.
Approval of 1992 City Council Meeting Schedule: Motion by Sorensen, second by Shafer
carried unanimously to approve the 1992 City Council Meeting Schedule.
Approval of Revised 1991 City Council Meeting Schedule: Motion by Sorensen, second by
Shafer carried unanimously to change the date of the next scheduled regular city council meeting
from December 23, 1991 to December 16, 1991.
Initiation of Annexation proceedings of properties removed from County Industrial Area
Designation in the area of the U.S. Highway 281 -U.S. Highway 30 Interchange. This area
is not in the city limits because it at one time was designated as a County Industrial Area. At
the request of the City, five of the eleven parcels in the area were removed from the Industrial
Area in 1985 by the Hall County Board. In the intervening years, the City neglected to initiate
annexation proceedings. Motion by Shafer, second by Seifert, carried unanimously to authorize
initiation of annexation proceedings for properties in the area of the Highway 281 and Highway
30 Interchange.
REQUESTS AND REFERRALS :
Receipt of Downtown Improvement Board Minutes of November 19. 1991 and Community
Development Advisory Committee Minutes of December 4. 1991. Motion was made by
Sorensen, second by Wit, to accept the Downtown Improvement Board Minutes of November
19, 1991 and Community Development Advisory Committee Minutes of December 4, 1991.
Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and
Kuzma voted aye. Seifert voted nay. Motion carried.
Page 3, Regular meeting, December 9, 1991
Request of Susan Johnson for License Agreement to connect to Interceptor Sanitary Sewer. The
property of Susan Johnson is not currently served by sanitary sewer, and the only existing line
in the vicinity is an interceptor line. She made an application for a license agreement to allow
for connection to an interceptor sewer at a manhole to serve Lot 9, Palu Subdivision. Motion by
Sorensen, second by Wit, carried unanimously to approve the request of Susan Johnson for a
License Agreement to connect to the interceptor sanitary sewer.
Request of IAMS Dog Food Plant of Aurora for acceptance of refuse at Sanitary Landflll.
Anyone seeking to dispose of waste material from outside of Hall County must receive approval
from the City Council. IAMS Dog Food Plant of Aurora has made a request to dispose of dry
dog food tom from bags, paper bags, and cardboard. This material does not pose any potential
environmental risks. Motion was made by Sorensen, second by Wit, to accept refuse from the
lAMS Dog Food Plant of Aurora. Upon roll call vote, Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Sorensen, Shafer and Kuzma voted aye. Seifert voted nay. (Kuzma absent)
RESOLUTIONS:
Approving Subdivision Agreement and Final Plat for Morningside Acres Subdivision. This
Subdivision Agreement and Final Plat were submitted by Mr. James Beltzer of Riverside
Investment, Inc. It provides for the development of 38 single family lots, one large lot for a
detention cell and possible future condominiums on the north side of Stagecoach Road
immediately west of August Street. Motion by Seifert, second by Sorensen, carried unanimously
to approve the Subdivision Agreement and Final Plat for Morningside Acres Subdivision.
(Councilmember Kuzma entered the meeting at this time-8:15p.m.)
Adopting Statement of Policy on Water Management. At the December 5, 1991 Special City
Council meeting, City Attorney Keith Sinor distributed a proposed statement on Water Policy
which he prepared. This policy statement is intended to address the interests and concerns of the
City of Grand Island relative to water issues, and particularly, the ma nagement of the Platte
River. The statement is not issue specific and is not directed at the pending application of the
Central Nebraska Public Power and Irrigation District for additional irrigation rights. This
policy will provide the residents of Grand Island and other interested parties with a better
understanding of the City's position and will serve as a guide when water issues are dealt with
in the future. ·
Motion was made by Hutchinson, seconded by Wit, to encourage those appropriated authorities
to approve an extension to allow the 33,000 acres in question to be able to be irrigated during
the 1992 irrigation season and that a water management program be settled and agreed upon by
Central and all interested parties. Motion was made by Murray, second by Neal, to table Mr.
Hutchinson's motion until the next regular City Council meeting on January 13, 1991. Upon
roll call vote, Murray, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye.
Hutchinson, Wit, and Johnson voted nay. Motion carried.
Page 4, Regular Council Meeting, December 9, 1991
DEC. 9, 1991
Motion was made by Johnson, second by Neal, to adopt the Statement of Policy on Water
Management. Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer and Kuzma voted aye. Wit voted nay. Motion carried.
Establishing Policy governing Charges for Public Document Search and Reproduction. In
developing a proposed policy, the City Administrator has sought to codify the various document
changes and issues into one policy resolution. It is recommended that the present practice of
charging ten cents per copy be retained. Motion was made by Wit, second by Murray, carried
unanimously to adopt this resolution establishing policy relative to public document search and
reproduction and that the following statement be added: "The search and reproduction of public
documents, which involves significant or extensive staff research, search, or reproduction, shall
be done on a fee for service basis, including staff time."
Approving request to the Hall County Board for removal of properties from an Industrial Area
Designation. This resolution addresses a proposed request to the Hall County Board for the
removal of seven parcels of land from County Industrial Area Designation. These properties
consist of. 1.) Farmer's Choice, 2.) Construction Rental, Inc., 3.) Nebraska Department of
Roads, 4.) Monte's Electronic Stores, 5.) U.S. Highway 281 and U.S. Highway 30 right-of-
ways, which are located in the area near the intersection of Highway 281 and Highway 30; 6.)
the City's detention cell known as "the site" and 7.) the former railroad right-of-way located
south of Fonner Park Road in the central part of the city. Motion by Sorensen, second by
Feaster, carried unanimously to approve request to the Hall County Board for removal of
properties from the County Industrial Area Designation.
Approving the solicitation of Consultant Proposals for Municipal Cable System Feasibility Study
and enabling legislation. Councilmember Seifert, at the December 2, 1991 meeting, distributed a
report that he authored entitled, "Municipally Owned Cable Television Company." He
recommended that the City conduct a feasibility study relative to a municipal cable television
system in Grand Island. He has asked the City Council to authorize the solicitation of consultant
proposals for a study. This would require the development of a Request for Proposals, and this
resolution would authorize the staff to prepare this document. This action item also directs City
staff to work with the League of Nebraska Municipalities and our legislative delegation in
pursuing State enabling legislation. Motion by Seifert, second by Kuzma, carried unanimously
to approve the solicitation of Consultant Proposals for Municipal Cable System Feasibility Study
and enabling legislation.
Adopting Phase 1 of Personnel Compensation and Classification Plan and Amendments to
Personnel Policy. Ms. Donna Starling of the management consulting firm of Ralph Anderson
and Associated, presented their findings and recommendations relative to Phase I of the
Personnel Compensation and Classification Study at the December 2, 1991 Study Session
meeting. She was present and indicated that since her presentation, minor revisions were made
to the allocation list and job descriptions. Two new job titles were added which were Turf
Management Specialist and Legal Secretary.
Page 5, Regular Council Meeting, December 9, 1991
DEC. 9 1991
Motion was made by Kuzma, second by Wit, to substitute the following language on page three
under the job description for the position of city administrator: "Immediate supervision by
mayor" in place of "policy direction from the mayor" and to add "and general supervision by
City Council" to this sentence. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay. Motion carried.
Motion by Neal, second by Murray, carried unanimously to approve adoption of Phase I of the
Personnel Compensation and Classification Plan and Amendments to the Personnel Policy.
Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer and
Kuzma voted aye. Sorensen voted nay. Motion carried.
Approving Exterior Design. Interior Floor Plan. and Timetable for City Hall Project. Project
Architect Tom Findley, of the architectural firm of Leo A. Daly Company, has submitted the
proposed exterior and interior design, floor layout, office assignments and schematic plans for
the new City Hall. He was present and gave a video presentation of the computer imagery of
the above plans. Motion made by Kuzma, second by Hutchinson, carried unanimously to
approve the exterior design, interior floor plan, office assignments and timetable for the new
City Hall Project.
Approving amendment to Architectural Scope of Service for City Hall Project. The designation
of the new Grand Island City Hall as a State Survival Crisis Management Center can provide
funding for up to 50% of the cost of the lower level, including a full basement. An additional
7,000 square feet could be constructed. The State and Federal Emergency Management officials
have indicated that the Federal program could fund $50,000-$75,000 of the $202,500
architectural services cost. Motion was made by Kuzma, second by Wit, to approve amending
the architectural scope of services of the Leo A. Daly Company for the City Hall Project which
includes providing $30,000 for the additional services and that they be engaged to provide
interior design services associated with the development of furniture design and specifications
at a cost of $19,500. Upon roll call vote, Hutchinson, Wit, Murray, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye. Johnson and Neal voted nay. Motion carried.
Authorizing execution of Lease Agreement for Rental of property at 253 South Locust by Police
Department for storage of abandoned property. The Police Department has utilized space at the
Parks Garage Building at Second and Sycamore to store abandoned property that is acquired by
their department. An alternate location is needed with the pending removal of the Parks Garage.
The Police Chief has located a vacant building at 253 South Locust Street and has negotiated a
a temporary rental agreement for 1 1/2 years at the rate of $300.00 per month. Motion by
Sorensen, second by Feaster, carried unanimously to approve the execution of a Lease
Agreement for rental of property at 253 South Locust by the Police Department for storage of
abandoned property.
Election of City Council President: A vote was taken on the nominations of Mike Hutchinson
and Larry Seifert. Mike Hutchinson received six votes and Larry Seifert four votes. Motion
Page 6, Regular Council Meeting, December 9, 1991
by Neal, second by Seifert, carried unanimously to make the vote a unanimous one for Mike
Hutchinson as City Council President.
Councilmember Johnson suggested that the mayor arrange a different seating arrangement of the
council members.
ORDINANCES:
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7774 To amend Sections 36-13 and 36-14 of the Grand Island Zoning pertaining
to signs.
#7775 To amend Chapter 17 of City Code pertaining to garbage removal
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to call out the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Councilmember Hutchinson. Upon roll call vote,
with all members voting aye, motion carried.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Jolmson, Neal, Feaster, Seifert, Sorensen, Shafer and
Neal voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7774 and #7775 on their first reading. All those in favor of passage,
answer roll call. On roll call vote, with all members voting aye, motion carried.
Clerk: Ordinances #7774 and #7775 on final passage. All those in favor of passage of said
ordinances on their final passage, answer roll call. On roll call vote, with all members voting
aye, motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7774 and #7775 are declared to be lawfully passed and adopted upon publication
as required by law.
PAYMENT OF CLAIMS:
Motion was made by Sorensen, second by Shafer, to pay the claims of December 9, 1991 in the
amount of $103,560.21. Hutchinson abstained from voting on Claim #19550 in the amount of
$374.09 to Graham Tire Company. Upon roll call vote, Hutchinson, Wit, Murray, Jolmson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion
carried.
DEC. 9, 1991
Page 7, Regular Council Meeting, December 9, 1991
ADJOURNMENT:
The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Muritta F. Czaplewski
City Clerk
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-41 (A)
WHEREAS, the City Of Grand Island City Council has reviewed options for improving
the cost efficiency of the Wastewater Treatment Plant’s operations, including contract operations
with Veolia Water, and initiation of an internal improvement plan; and
WHEREAS, the City Of Grand Island invited qualifications for contract
management consulting services for the Operation of the Wastewater Treatment Plant, according
to the Request For Qualifications on file with the Engineering Division of the Public Works
Department; and
WHEREAS, on August 16, 2011 proposals were received, reviewed, and
evaluated in accordance with established criteria in the RFQ; and
WHEREAS, Veolia Water of Naperville, Illinois submitted qualifications in
accordance with the terms of the Request for Qualifications and all statutory requirements
contained therein and the City Procurement Code; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City shall enter negotiations with
Veolia Water of Naperville, Illinois for contract management of the Wastewater Treatment Plant.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
February 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-41 (B)
WHEREAS, the City Of Grand Island City Council has reviewed options for
improving the cost efficiency of the Wastewater Treatment Plant ’s operations, including contract
operations with Veolia Water, and initiation of an internal improvement plan; and
WHEREAS, staff in the form of a Wastewater Plant Engineer and a Wastewater
Operations Engineer is needed to provide the expertise and guidance necessary for this initiative;
and
WHEREAS, the positions of Wastewater Plant Engineer and Wastewater
Operations Engineer need to be created; and
WHEREAS, identification of available Asset Management software and services
is needed to further develop this improvement plan; and
WHEREAS, it is necessary to identify types and locations for monitoring devices
to develop an installation plan and estimate; and
WHEREAS, the additional expertise and the information expected from the Asset
Management and Monitoring and Automation studies is required to develop the internal
improvement plan; and
WHEREAS, additional funding not to exceed $500,000 is needed to immediately
initiate this plan and cash reserves are available; and
WHEREAS, after all information has been presented to City Council to allow for
a well informed decision to be made; and
WHEREAS, City Council has voted and approved the initiation of an alternate
improvement plan at the Wastewater Treatment Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Wastewater budget is amended to
include an expenditure of an amount not to exc eed $500,000 in fiscal year 2011/12 to fund the
salaries of a Wastewater Plant Engineer and a Wastewater Operations Engineer and to fund
Asset Management and Monitoring and Automation studies; and the Salary Ordinance is
amended to include the titles of Wastewater Plant Engineer and Wastewater Operations
Engineer.
- - -
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of January 25, 2012
through February 14, 2012
The Claims for the period of January 25, 2012 through February 14, 2012 for a total
amount of $3,514,033.95. A MOTION is in order.
Tuesday, February 14, 2012
Council Session
City of Grand Island
Staff Contact: Jaye Monter
City of Grand Island City Council