03-26-2012 City Council Regular Meeting Packet
City of Grand Island
Monday, March 26, 2012
Council Session Packet
City Council:
Larry Carney
Linna Dee Donaldson
Scott Dugan
Randy Gard
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East First Street
Grand Island Council Session - 3/26/2012 Page 1 / 183
City of Grand Island Monday, March 26, 2012
Call to Order
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.
Invocation - Invocation - Pastor Jason Warriner, Abundant Life Christian
Church, 3411 West Faidley Avenue
Pledge of Allegiance
Roll Call
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.
Grand Island Council Session - 3/26/2012 Page 2 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item C1
Proclamation “April as Month of the Military Child” 2012
To show support and thank military children for their strength and sacrifice, everyone across the State
of Nebraska is encouraged to wear purple on Friday, April 13, 2012. The Mayor has declared April 13,
2012 as "Purple Up! For Military Kids". See attached PROCLAMATION.
Staff Contact: Mayor Vavricek
Grand Island Council Session - 3/26/2012 Page 3 / 183
Grand Island Council Session - 3/26/2012 Page 4 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item E1
Public Hearing on Amendment to the Redevelopment Plan for
CRA Area #1 Located in East Grand Island at the Existing Lincoln
Park, North of 7th Street and East of Beal Street
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 5 / 183
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:March 26, 2012
Subject:Amendment to Redevelopment Plan for CRA Area #1
Item #’s:E-1 & G-3
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2000, the Grand Island City Council reauthorized the declaration of property referred
to as CRA Area #1 as blighted and substandard and approved a generalized
redevelopment plan for the property. The generalized redevelopment plan authorized the
use of a number of redevelopment tools. One of those tools authorized by the Grand
Island City Council and the generalized redevelopment plan is a tax levy for the CRA to
be used for redevelopment purposes within areas that have been declared blighted and
substandard. In 2011 the Grand Island City Council approved an increase to the CRA
budget and levy authority that will generate approximately $200,000 annually for the
purpose of rebuilding the Lincoln Park Pool.
The Grand Island CRA is preparing to issue bonds for the redevelopment of the Lincoln
Park Pool. As part of that process, bond counsel has helped write a redevelopment plan
amendment for consideration by the Grand Island City Council. The proposed
amendment is attached.
The CRA reviewed the proposed development plan on February 15, 2012 and forwarded
it to the Hall County Regional Planning Commission for recommendation at their
meeting on March 7, 2012.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on March 7, 2012. The Planning Commission approved
Resolution 2012-02 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Grand Island Council Session - 3/26/2012 Page 6 / 183
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment and to enter into the record a copy of the plan amendment. This plan
amendment authorizes the CRA to issue bonds as necessary for the purpose of
redeveloping Lincoln Park Pool to the plans and specifications approved by the Grand
Island City Council with the construction contracts for the project. The CRA will issue
bonds to be repaid from the CRA levy as authorized by the Grand Island City Council.
It is anticipated that the CRA will issue bonds in the amount of approximately $1,550,000
for the reconstruction of the pool. It is estimated that it will take between 8 and 10 years
to pay off those bonds using $200,000 of the CRA levy annually to make those payments.
The bond documents have not been drawn up and will not be until construction on the
pool is about to begin and bid numbers are available to confirm costs. The passage of this
redevelopment plan is essential to granting authorization to the CRA to issue the bonds at
the appropriate time.
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.
Grand Island Council Session - 3/26/2012 Page 7 / 183
Plan Modification for CRA Area #1 (Lincoln Park Swimming Pool)
Overview
The Mayor and Council of the City of Grand Island (the “City”) have by resolutions adopted in
1995 and 2000 determined an area of the City to be both blighted and substandard and
designated such area as Redevelopment Area #1 (“Area #1). That the description of the
boundaries of Area #1 are set forth in Resolution 2000-388 passed and approved by the Mayor
and Council of the City on December 19, 2000 (the “Area Resolution”).
The Community Redevelopment Authority of the City of Grand Island (the “CRA”) on
November 21, 1995, with subsequent approval by the Mayor and Council of the City on
December 18, 1995, adopted a general Redevelopment Plan for Area #1 (the “Original Plan”).
This Plan Modification for CRA Area #1 (the “Plan/Modification”) is intended to carry out
certain of the purposes of set forth in the Original Plan and also to serve as a separate and
specific redevelopment plan for purposes of accomplishing the redevelopment project described
in this Plan/Modification in order to provide for the redevelopment of Area #1. This
Plan/Modification is being adopted pursuant to the provisions of the Sections 18-2101 to 18-
2144, R.R.S. Neb. 2007, as amended, the “Community Development Law”). Because of the
nature of the specific project, it is expected that it will also contribute to the benefit and
redevelopment of CRA Redevelopment Area #5 and certain other areas as well.
Among the redevelopment actions proposed in the Original Plan were encouraging the removal
of substandard and dilapidated structures within Area #1 and the extending of infrastructure to
areas lacking service.
The specific project to which this Plan/Modification relates is the construction of a replacement
swimming pool facility for Lincoln Park (the “Project”). Based upon neighborhood meetings
and surveys of residents of Area #1, the Lincoln Park swimming pool represents one of the
primary public assets drawing residents to the area. The Lincoln Park Pool is subject to an
administrative order from the Nebraska Department of Health and Human Services (“HHS”).
Under the administrative order the City has been able to keep the pool open by installing and
maintaining a temporary recirculation line. The City has received notification from HHS that the
City can continue to operate the pool with the temporary recirculation lines through the summer
of 2012. Construction of a replacement pool facility in 2012 as a redevelopment project will
allow the new pool to open for the 2013 swimming season and thus maintain quality recreational
service for the residents of Area #1 on a continuous basis.
Lincoln Park Pool is one of the few amenities Area #1 that are likely to draw people from other
parts of the City. Area #1 is geographically isolated from the rest of the City by rail lines and
there are few attractions that bring people from other parts of the City, other than the existing
pool facility, the auction house and the humane society.
Grand Island Council Session - 3/26/2012 Page 8 / 183
2
There are no registered neighborhood associations whose area of representation is located in
whole or in part within a one-mile radius of the area to be redeveloped as describe in this
Plan/Modification. This Plan/Modification does not provide for any use of funds authorized by
Section 18-2147, R.R.S. Neb. 2007, as amended, and therefore does not directly affect any
county, school district, community college, educational service unit or natural resources district.
Property Description
This general area expected to be served by the Project includes a substantial portion of of Area
#1, part of Area #5 and certain property adjacent to Area #1 and Area #5 (portions of which are
not currently subject to any blight and substandard determinations), all as situated within the area
east of the Burlington Northern Santa Fe Tracks, north of the Union Pacific Tracks and south of
Capital Avenue all within the City of Grand Island. The attached map shows the area expected
to benefit and and those portions of such area that have been declared blighted and substandard.
Grand Island Council Session - 3/26/2012 Page 9 / 183
3
Grand Island Council Session - 3/26/2012 Page 10 / 183
4
For purposes of this Plan/Modification and the exercise of the powers of the CRA, the area being
redeveloped is that area shown in the above map which is located within Area #1, with the other
areas shown in the map, including portions of Area #5, expected to receive incidental benefits.
All redevelopment actions of the CRA and the City under this Plan/Modification are to occur
only within Area #1.
Existing Land Use
The most common use in this neighborhood is residential. The most common residential use is
detached single family. Along both the Union Pacific Railroad and the Burlington Northern
Santa Fe tracks most of the development is industrial or commercial in nature. There are also
some significant undeveloped areas and areas used exclusively for agriculture as shown on the
attached map.
Grand Island Council Session - 3/26/2012 Page 11 / 183
5
Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All varieties of land
uses are proposed and permitted in this neighborhood ranging from suburban density residential
Grand Island Council Session - 3/26/2012 Page 12 / 183
6
to heavy manufacturing. The planned uses in this neighborhood are not a barrier to developing
neighborhood services, including the Project.
Grand Island Council Session - 3/26/2012 Page 13 / 183
7
Changes to zoning, street layouts and grades or building codes or ordinances
The majority of the area is zoned R2- Low Density Residential zone. Portions of that R2 zone are
also designated and used for mobile homes. Areas west of St. Paul Road, along 4th Street and
west of Sky Park Road are zoned for commercial and manufacturing uses. All retail and office
uses are permitted in the M2 Heavy Manufacturing district. Depending on the location, size and
use of the property and surrounding properties some changes to the zoning map could be made to
accommodate other uses. Those areas that are zoned TA-Transitional Agriculture are not within
a declared blighted and substandard area. It is anticipated that a change of zone will be required
prior to any further development of those properties. No changes are anticipated in building
codes or ordinances to accommodate future development in this neighborhood. A copy of the
current zoning map for this neighborhood is attached.
Grand Island Council Session - 3/26/2012 Page 14 / 183
8
Grand Island Council Session - 3/26/2012 Page 15 / 183
9
Zoning changes that are consistent with the future land use map as approved by the Grand Island
City Council with the Comprehensive Development Plan require no further amendments to this
plan.
Site Coverage and Intensity of Use
The TA zoning district allows for 20 acre parcels with a minimum width of 100 feet, allowable
lot coverage of 20%, maximum building height of 35’ and a residential density of 1 dwelling unit
per 20 acres. The R2 zoning district allows for 6000 square foot lots with a minimum width of
50 feet, allowable lot coverage of 35%, maximum building height of 35’ and a residential density
of 1 dwelling unit per 6000 square feet of property. The R4 zoning district allows for 6000
square foot lots with a minimum width of 50 feet, allowable lot coverage of 60%, maximum
building height of 80’ and a residential density of 1 dwelling unit per 6000 square feet of
property. The B2 zoning district allows for 3000 square foot lots with a minimum width of 30
feet, allowable lot coverage of 100%, maximum building height of 55’ and a residential density
of 1 dwelling unit per 1000 square feet of property. The M2 zoning district allows for 6000
square foot lots with a minimum width of 50 feet, allowable lot coverage of 65%, no maximum
building height, and no residential units permitted.
Additional Public Facilities or Utilities
The Project is expected to provide significant benefit for all residential properties within Area #1
and strong incidental benefits for any other residential areas included within the other
neighborhood areas shown in the maps provided as a part of this Plan/Modification. The Project
is not expected to have any negative impacts due to increased use or activity. Loss of the
existing Lincoln Park swimming pool facilities due to regulatory requirements can be expected
to significantly reduce the desirability of residential properties within Area #1 and result in
neighborhood decay.
Sewer and Water are available as shown on the attached maps. Neighborhood sewer and water
lines are available across most of the developed areas in the neighborhood. The Project will be
built to the current standards for health and safety and accessibility.
Electricity is available to all of the developed area.
The attached maps show existing street, sewer and water facilities.
Grand Island Council Session - 3/26/2012 Page 16 / 183
10
Grand Island Council Session - 3/26/2012 Page 17 / 183
11
Grand Island Council Session - 3/26/2012 Page 18 / 183
12
Justification of Project
The City and CRA’s staff have conducted a neighborhood meeting and survey of needs and
requests. Key among those projects desired was the restoration/renovation of the Lincoln Park
pool facilities. Most people surveyed have identified Lincoln Park pool facility as their primary
recreation spot in the city.
Construction of Project
The Project is to be contracted for by the City. Costs incurred by the City are to be reimbursed
to the City from funds provided by the CRA from the proceeds of bonds to be issued by the
CRA.
Financing
The CRA is authorized to certify a levy of up to $0.026 per $100 of taxable valuation. The 2011
levy for CRA purposes as certified is $0.017742 per $100 of taxable valuation leaving $0.008258
of potential taxing authority unused. Based on the 2011 valuations the CRA will collect
$425,000 with a levy of $0.017742 and could collect an additional $198,000 if the levy were
certified at $0.026. The levy for the 2011-12 budget year was certified at $0.026 in anticipation
of and support for the Project. The current estimated cost of the Project is $1,550,000 plus
engineering and financing costs. By approving this Plan/Modification, the City will be
committing to make the additional levy required to pay debt service on bonds to be issued by the
CRA to pay costs of the Project in accordance with Sections 18-2124 to 18-2133 of the
Community Development Law. Amounts certified for such additional levy should not be subject
to the levy limitations upon the City’s tax levy as set forth under Section 77-3442(6)(a), R.S.
Supp. 2011, under the exception provided from such limitation under Section 3442(10)(c).
The receipts from the certified additional levy described above can be expected, based upon
current taxable valuations to be sufficient to retire the indebtedness of the CRA for the Project in
a period of from eight to ten years.
Grand Island Council Session - 3/26/2012 Page 19 / 183
Grand Island Council Session - 3/26/2012 Page 20 / 183
Grand Island Council Session - 3/26/2012 Page 21 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item E2
Public Hearing on Adoption of a Blight Study & Generalized
Redevelopement Plan for CRA Blight & Substandard Area #8
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 22 / 183
Council Agenda Memo
From:Regional Planning Commission
Meeting:March 26, 2012
Subject:Blight Study and Generalized Redevelopment Plan for
Proposed CRA Area No. 8
Item #’s:E-2, G-4 & G-5
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
The Grand Island Community Redevelopment Authority (CRA) commissioned a
Blight/Substandard Study and Generalized Redevelopment Plan for the proposed
Redevelopment Area No. 8 to be prepared by Olsson Associates along with Marvin
Planning and Ken Bunger. The study area includes approximately 92.77 acres referred to
as CRA Area No. 8. The study focused on an area south of Anna Street along Adams
Street in south central Grand Island as shown on the map below.
OVERVIEW
The CRA referred the Study and Plan to the Planning Commission for their review
during their February 15, 2012 meeting.
The Planning Commission held a public hearing, made findings of fact and recommended
approval of the blight declaration and generalized redevelopment plan at their meeting on
March 7, 2012.
Below is a synopsis of their comments and discussion and the motion to recommend
approval with the attached findings of fact.
Grand Island Council Session - 3/26/2012 Page 23 / 183
Discussion
At the Planning Commission Chairman O’Neill opened the above mentioned Public
Hearing.
Nabity explained to the Commissioners the Grand Island Area Community
Redevelopment Authority (CRA) commissioned a Blight/Substandard Study and
Generalized Redevelopment Plan for the proposed Redevelopment Area No. 8 to
be prepared by Olsson Associates along with Marvin Planning and Ken Bunger.
The study area includes approximately 92.77 acres referred to as CRA Area No.
8. The study focused on an area south of Anna Street along Adams Street in south
central Grand Island.
FINDINGS FOR GRAND ISLAND
Study Area #8 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Substantial number of deteriorating structures,
Unsanitary / Unsafe conditions,
Deterioration of site or other improvements,
Dangerous conditions to life or property due to fire or other causes,
Grand Island Council Session - 3/26/2012 Page 24 / 183
Combination of factors which are impairing and/or arresting sound growth,
Average age of structures is over 40 years of age.
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty
years
Only one condition for blight and one substandard condition are necessary in order to
make a declaration that the area is blighted and substandard.
Nabity further explained that a generalized redevelopment plan for area No. 8 is also
included. The generalized plan authorized the CRA to use funding available from its tax
levy to participate in redevelopment activities including purchase of property, demolition
of property, renovation of commercial facades, clearance of property and similar
activities. This plan anticipated the use of Tax Increment Financing (TIF) in the area but
does not approve any projects using TIF. Any future TIF projects would require a plan
amendment approved by Council prior to CRA entering into a redevelopment contract.
O’Neill closed the Public Hearing.
A motion was made by Eriksen to approve the Blight Study for Area No. 8 as presented
and was seconded by Connelly. The motion carried with 11 members present voting in
favor to forward the request to City Council (Amick, Eriksen, O’Neill, Monter,
Bredthauer, Ruge, Hayes, Reynolds, Haskins, Connelly and Snodgrass) and no one
voting against.
A motion was made by Eriksen to approve Resolution 2012-02 the Redevelopment Plan
for Area No. 8 as presented and was seconded by Reynolds. The motion carried with 11
members present voting in favor to forward the request to City Council (Amick, Eriksen,
O’Neill, Monter, Bredthauer, Ruge, Hayes, Reynolds, Haskins, Connelly and Snodgrass)
and no one voting against.
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
Grand Island Council Session - 3/26/2012 Page 25 / 183
Recommendation
The Hall County Regional Planning Commission recommends that the Council approve
the declaration of the area under consideration as blighted and substandard based on the
facts presented and identified.
Further as evidenced by the passage of Resolution 2012-02 the Planning Commission
finds that the generalized redevelopment plan for CRA Area No. 8 is consistent with the
Comprehensive Development Plan for the City of Grand Island and recommends
approval of the Generalized Redevelopment Plan.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/26/2012 Page 26 / 183
Alvo,
Nebraska
Comprehensive
Development
Plan 2010
Zoning and
Subdivision
Regulations 2010
Alvo,
Nebraska
Comprehensive
Development
Plan 2010
Zoning and
Subdivision
Regulations 2010
City of Grand Island, NE
Blight and Substandard Study
Area #8
January 2012
Grand Island Council Session - 3/26/2012 Page 27 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 1
PPURPOSEURPOSE OFOF THETHE BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD SSTUDYTUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within and contiguous to the City of Grand Island. The City of Grand Island has identified a targeted
area for consideration of future redevelopment. Portions of the Study Area are currently within the
corporate limits of the city and remaining portion is part of a County Industrial Park which is
outside of the corporate limits. The area currently within the County Industrial Park will be
examined as to its influence on the adjacent areas.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at
those issues and definitions provided for in the Nebraska Community Redevelopment Law as found
in Chapter 18 of the Revised Nebraska State Statutes, as follows:
“The governing body of a , to the greatest extent it deems to be feasible in carrying out
the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity,
consistent with sound needs of the as a whole, to the rehabilitation or redevelopment
of the community redevelopment area by private enterprises. The governing body of a
shall give consideration to this objective in exercising its powers under sections 18-
2101 to 18-2144, including the formulation of a workable program, the approval of
community redevelopment plans consistent with the general plan for the development
of the , the exercise of its zoning powers, the enforcement of other laws, codes, and
regulations relating to the use and occupancy of buildings and improvements, the
disposition of any property acquired, and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for
formulation of a workable program. The statute reads,
“The governing body of a or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a
workable program for utilizing appropriate private and public resources to
eliminate or prevent the development or spread of urban blight, to encourage
needed urban rehabilitation, to provide for the redevelopment of substandard
and blighted areas, or to undertake such of the aforesaid activities or other
feasible municipal activities as may be suitably employed to achieve the
objectives of such workable program. Such workable program may include,
without limitation, provision for the prevention of the spread of blight into areas
of the municipality which are free from blight through diligent enforcement of
housing, zoning, and occupancy controls and standards; the rehabilitation or
conservation of substandard and blighted areas or portions thereof by
replanning, removing congestion, providing parks, playgrounds, and other public
improvements by encouraging voluntary rehabilitation and by compelling the
repair and rehabilitation of deteriorated or deteriorating structures; and the
clearance and redevelopment of substandard and blighted areas or portions
thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character,
which, by reason of dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation, or open spaces, high density of
population and overcrowding, or the existence of conditions which endanger life
or property by fire and other causes, or any combination of such factors, is
conducive to ill health, transmission of disease, infant mortality, juvenile
Grand Island Council Session - 3/26/2012 Page 28 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 2
delinquency, and crime, (which cannot be remedied through construction of
prisons), and is detrimental to the public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a
substantial number of deteriorated or deteriorating structures, existence of
defective or inadequate street layout, faulty lot layout in relation to size,
adequacy, accessibility, or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax or special
assessment delinquency exceeding the fair value of the land, defective or
unusual conditions of title, improper subdivision or obsolete platting, or the
existence of conditions which endanger life or property by fire and other causes,
or any combination of such factors, substantially impairs or arrests the sound
growth of the community, retards the provision of housing accommodations, or
constitutes an economic or social liability and is detrimental to the public health,
safety, morals, or welfare in its present condition and use and (b) in which there
is at least one of the following conditions: (i) Unemployment in the designated
area is at least one hundred twenty percent of the state or national average; (ii)
the average age of the residential or commercial units in the area is at least
forty years; (iii) more than half of the plotted and subdivided property in an area
is unimproved land that has been within the city for forty years and has
remained unimproved during that time; (iv) the per capita income of the area is
lower than the average per capita income of the city or in which the area is
designated; or (v) the area has had either stable or decreasing population based
on the last two decennial censuses. In no event shall a city of the metropolitan,
primary, or first class designate more than thirty-five percent of the city as
blighted, a city of the second class shall not designate an area larger than fifty
percent of the city as blighted, and a shall not designate an area larger than one
hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment
Authority and Grand Island City Council the basis for identifying and declaring Blighted and
Substandard conditions existing within the City’s jurisdiction. Through this process, the City is
attempting to address economic and/or social liabilities which are harmful to the well-being of the
entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report
will contain, in accordance with the law, definite local objectives regarding appropriate land uses,
improved traffic, public transportation, public utilities and other public improvements, and the
proposed land uses and building requirements in the redevelopment area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
EEXISTINGXISTING LLANDAND UUSESSES
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel
of land. The number and type of uses are constantly changing within a community, and produce a
number of impacts that either benefit or detract from the community. Because of this, the short
and long-term success and sustainability of the community is directly contingent upon available
resources utilized in the best manner given the constraints the City faces during the course of the
planning period. Existing patterns of land use are often fixed in older communities and
neighborhoods, while development in newer areas is often reflective of current development
practices.
Grand Island Council Session - 3/26/2012 Page 29 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 3
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as well
as data collection online using the Hall County Assessors website. This survey noted the use of each
parcel of land within the study area. These data from the survey are analyzed in the following
paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total acres
determined per land use from the survey; next is the percentage of those areas compared to the
total developed land; and finally, the third set of data compare the all land uses to the total area
within the Study Area.
Nearly 28% of the Study Area’s developed land is in Industrial uses and another 27% is in
Commercial uses. The next largest land area is the land used for streets and rights-of-way which
was approximately 20% of the total area. Overall, approximately 75% of the land area in this Study
area is non-residential in nature. Overall residential land uses total approximately 18%.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2011
Type of Use Acres Percent of
Developed
land within
the Study
Area
Percent of
Study Area
Residential 15.09 17.7%16.3%
Single-family 11.58 13.6%12.5%
Multi-family 3.51 4.1%3.8%
Manufactured Housing 0 0.0%0.0%
Commercial 22.67 26.6%24.4%
Industrial 23.29 27.3%25.1%
Quasi-Public/Public 2.6 3.0%2.8%
Parks/Recreation 5.1 6.0%5.5%
Transportation 16.63 19.5%17.9%
Total Developed Land 85.38 100.0%
Vacant/Agriculture 7.39 8.0%
Total Area 92.77 100.0%
Source: 2011 Grand Island Blight Study, Olsson Associates and Marvin Planning Consultants
Figure 1
Grand Island Council Session - 3/26/2012 Page 30 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 4
Existing Land Use Map
Source: Olsson Associates and Marvin Planning Consultants, 2011
Grand Island Council Session - 3/26/2012 Page 31 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 5
BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD EELIGIBILITYLIGIBILITY SSTUDYTUDY
The City of Grand Island has selected a specific target area within an established part of the
community for evaluation. The area is indicated in Figure 2 of this report. The existing uses in this
area include single-family residential, multi-family residential, commercial, parks/recreation, quasi-
public, commercial, and industrial.
Through the redevelopment process the City of Grand Island can guide future development
throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is
intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of
Grand Island can assist in the elimination of negative conditions and implement different
programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF ANNA STREET AND LINCOLN
AVENUE S; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF LINCOLN AVENUE S TO THE
INTERSECTION OF THE CENTERLINES OF LINCOLN AVENUE S AND PHOENIX AVENUE W; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE OF PHOENIX AVENUE W TO THE INTERSECTION OF THE
CENTERLINES OF PHOENIX AVENUE W AND CLARK STREET S; THENCE, SOUTH EASTERLY ALONG
SAID CENTERLINE OF CLARK STREET S TO THE INTERSECTION OF THE CENTERLINES OF CLARK
STREET S AND EDDY STREET S; THENCE, SOUTH ALONG THE CENTERLINE OF EDDY STREET S TO
THE INTERSECTION OF THE CENTERLINS OF EDDY STREET S AND FONNER PARK ROAD W; THENCE,
WEST ALONG THE CENTERLINE OF FONNER PARK ROAD W TO THE INTERSECTION OF THE
CENTERLINES OF FONNER PARK ROAD W AND ADAMS STREET S; THENCE, SOUTH ALONG THE
CENTERLINE OF ADAMS STREET S TO THE EXTENDED SOUTH PROPERTY LINE OF THE TRACT
DESCRIBED IN FILE: 07-2412 OF THE HALL COUNTY REGISTER OF DEEDS; THENCE, WEST ALONG
SAID SOUTH PROPERTY LINE TO THE WEST PROPERTY LINE OF SAID PROPERTY; THENCE NORTH
ALONG THE WEST PROPERTY LINE OF SAID PROPERTY TO THE NORTHWEST CORNER OF A
PORTION OF LOT 21 AS DESCRIBED IN ITEMS 1 AND 2 OF INSTRUMENT NUMBER 200314398;
THENCE NORTHEASTERLY TO THE SOUTHEAST CORNER OF WASH TWP PT SE 1/4 NW 1/4 21-11-9
(ALSO KNOWN AS PARCEL NUMBER 400206935 ON THE HALL COUNTY ASSESSORS SITE);
THENCE, NORTHWESTERLY ALONG THE WESTERN PROPERTY LINE OF SAID PROPERTY TO THE
INTERSECTION OF THE EXTENDED WESTERN PROPERTY LINE AND THE CENTERLIN OF ANNA
STREET W; THENCE, NORTHEASTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING.
Corporate Limits
The Corporate Limits is the entire study area excepting:
1.THE PARCEL REFERRED TO WASH TWP PT SE 1/4 NW 1/4 21-11-9 (ALSO REFERRED AS
PARCEL NUMBER 400206935 ON THE HALL COUNTY ASSESSORS SITE) 10.92 AC
2.WASH TWP PT SW 1/4 NE 1/4 21-11-9 (ALSO REFERRED AS PARCEL NUMBER
400206811 ON THE HALL COUNTY ASSESSORS SITE) 10.33 AC
3.WASHINGTON TWP B. & Y. SUB LT 1 (ALSO REFERRED AS PARCEL NUMBER 400209616
ON THE HALL COUNTY ASSESSORS SITE) 132,422 SF
4.WASH TWP S OF RR PT NE 1/4 21-11-9 (ALSO REFERRED AS PARCEL NUMBER
400206862 ON THE HALL COUNTY ASSESSORS SITE) .44 AC
5.WASH TWP PT NE 1/4 PT FORMER BLKS 7-8-9-10 SOUTH PARK 21-11-9 PT VAC
WASHINGTON ST (ALSO REFERRED AS PARCEL NUMBER 400206846 ON THE HALL
COUNTY ASSESSORS SITE) 5.69 AC
6.A PIECE OF LAND REFERRED TO AS PARCEL 64
7.WASH TWP 21-11-9 W 1/2 OF VACATED WASHINGTON STREET (ALSO REFERRED AS
PARCEL NUMBER 400371391 ON THE HALL COUNTY ASSESSORS SITE) .076 AC
8.WASH TWP PT SW 1/4 NE 1/4 21-11-9 (ALSO REFERRED AS PARCEL NUMBER
400289172 ON THE HALL COUNTY ASSESSORS SITE) .15 AC
Grand Island Council Session - 3/26/2012 Page 32 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 6
Figure 2
Study Area Map
Source: Olsson Associates and Marvin Planning Consultants, 2011
Grand Island Council Session - 3/26/2012 Page 33 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 7
FFINDINGSINDINGS OFOF BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD CCONDITIONSONDITIONS EELIGIBILITYLIGIBILITY SSTUDYTUDY
This section of the Eligibility Report examines the conditions found in the study area. The Findings
Section will review the conditions based upon the Statutory definitions and then will explain the
reasons contributing to the findings.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online. There
are a number of these conditions that will be reviewed in detail, through the next several pages,
while some of the Statutory conditions are present, other are not.
Specifics will be discussed from two angles, within the corporate limits and outside the corporate
limits and contributing.
Structural Conditions
Where structural conditions were evaluated, structures were either rated as: No problems,
Adequate, Deteriorating, or Dilapidated. The following are the definitions of these terms:
No Problem/ Adequate Conditions
No structural or aesthetic problems were visible, or
Slight damage to porches, steps, roofs etc. is present on the structure,
Slight wearing away of mortar between bricks, stones, or concrete blocks,
Small cracks in walls or chimneys,
Cracked windows,
Lack of paint, and
Slight wear on steps, doors, and door and window sills and frames.
Deteriorating Conditions
Holes, open cracks, rotted, loose, or missing materials in parts of the foundation, walls, or
roof (up to 1/4 of wall or roof),
Shaky, broken, or missing steps or railings,
Numerous missing and cracked window panes,
Some rotted or loose windows or doors (no longer wind- or water-proof), and
Missing bricks, or cracks, in chimney or makeshift (uninsulated) chimney.
Dilapidated Conditions
Holes, open cracks, or rotted, loose or missing material (siding, shingles, brick, concrete,
tiles, plaster, floorboards) over large areas of foundation,
Substantial sagging of roof, floors, or walls,
Extensive damage by fire, flood or storm, and
Inadequate original construction such as makeshift walls, roofs made of scrap materials,
foundations or floors lacking, or converted barns, sheds, and other structures not adequate
for housing.
These are criteria used to determine the quality of each structure in the Study Area.
Corporate Limits
In a recent conditions survey, the structures within the corporate limits were rated. Within the
corporate limits portion of the study area there are a total of 106 primary structures. Accessory
structures were not rated due to the limited number of them visible from the City rights-of-way (the
field survey process does not include venturing onto private property). From the limited number of
visible accessory structures, the overall conditions typically matched the primary structures.
After reviewing the overall conditions of the structures in the corporate limits portion include:
64 (63.4%) structures rated as adequate
24 (23.7%) structures rated as deteriorating
Grand Island Council Session - 3/26/2012 Page 34 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 8
13 (12.9%) structures rated as dilapidated
Overall, 36.6% of the structures in this portion of the area are in a state of disrepair. One specific
site within the corporate limits contains 8 dilapidated structures and is immediately across the
street from an older residential neighborhood. Even though there is not a majority of the structures
considered deteriorated or dilapidated, it is felt this represents a substantial number, considering
that they are concentrated in two primary areas of the neighborhood. The data are available for
inspection; however, for purposes of this study, Figure 3 only shows the data on a block level as
opposed to structure. However, if there were several structures deemed to be deteriorating or
dilapidated then the entire block was downgraded.
For purposes of this study there is approximately 36.8% of the block area within the corporate
limits of the Study Area that has deteriorating or dilapidated structures. The remaining 63.2% was
considered as “Adequate”.
Due to the state of disrepair of a number of properties in the area, the conditions represent
conditions which are Dangerous to conditions of life or property due to fire or other causes.
County Industrial Park area
The conditions survey identified 18 structures within the
county industrial park limits. Within this area the overall
conditions of the structures include:
7 (38.8%) structures rated as adequate
4 (22.4%) structures rated as deteriorating
7 (38.8%) structures rated as dilapidated
Overall, 60.2% of the structures in this portion of the
study area are in a state of disrepair. Even though these
structures are not currently within the corporate limits of
Grand Island; they are in close enough proximity to be a
contributing factor to those located within the city limits.
One major part of this area contains 7 of the 18 structures that are considered to be deteriorating
or dilapidated.
For purposes of this study 52.3% of the area within the county industrial tracts of the Study Area is
considered to contain deteriorating or dilapidated structures.
Due to the state of disrepair of a number of properties in the area, the conditions represent
conditions which are Dangerous to conditions of life or property due to fire or other causes
and are a major contributing factor to the entire study area.
Grand Island Council Session - 3/26/2012 Page 35 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 9
Figure 3
Structural Conditions
Source: Olsson Associates and Marvin Planning Consultants, 2011
Age of Structure
Besides structural conditions of the buildings in the Study Area, age of these structures is another
contributing factor to the blighted and substandard conditions in the area. Statutes allow for a
predominance of structures that are 40 years of age or older to be a contributing factor regardless
of their condition. The following paragraphs document the structural age of the Study Area and
again it is broke down into the corporate limits and the county industrial park areas.
Corporate Limits
Within the corporate limits portion of the study area there is a total of 101 primary structures. After
research structural age on the Hall County Assessor’s and Treasurer’s websites, the following
breakdown was determined:
5 ( 5.0%) structures were determined to be less than 40 years of age
96 (95.0%) structures were determined to be 40 years of age or older
Overall, 95.0% of the structures in this portion of the area are 40 years old or older thus qualifying
it as substantial. See Figure 4 for the locations of the structures.
Due to the age of the structures in the corporate limits, age of structures would be a direct
contributing factor.
Grand Island Council Session - 3/26/2012 Page 36 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 10
Figure 4
Structural Age Map
Source: Olsson Associates and Marvin Planning Consultants, 2011
County Industrial Park area
The conditions survey identified 18 structures within the county industrial park limits. Within this
area the overall structural ages include:
1 ( 0.8%) structures were determined to be less than 40 years of age
17 (99.2%) structures were determined to be 40 years of age or older
Overall, over 99% of the structures in this portion of the area are 40 years old or older thus
qualifying it as substantial. Even though this area is not within the corporate limits of Grand Island,
the structural age of this area does have an impact on the adjacent properties. See Figure 4 for the
locations of the structures.
Due to the age of the structures within the county industrial park, age of structures would be a
direct contributing factor.
Grand Island Council Session - 3/26/2012 Page 37 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 11
Sidewalk Conditions
The sidewalk conditions were analyzed in the Study Area
including both the incorporated areas and the
unincorporated portions of the area. The sidewalks were
rated on four categories; adequate, deteriorating,
dilapidating, and missing completely. The following is the
breakdown by corporate limits and county industrial park.
Corporate Limits
Within the corporate limits portion of the study area there
is approximately 12,633 lineal feet of sidewalk. After
reviewing the conditions in the field, the following is how
the sidewalk conditions breakdown within the corporate limits:
4,369 (34.6%) lineal feet of adequate sidewalk
2,537 (20.1%) lineal feet of deteriorating sidewalk
5,727 (45.3%) lineal feet of no sidewalk.
There was no sidewalk deemed to be dilapidated.
Overall, 65% of the sidewalks are in either a deteriorating state or completely missing. Missing
sidewalk is as bad as dilapidated or deteriorating sidewalk since there is no safe place to walk
other than across someone else’s property or in the street. See Figure 5 for the locations of these
sidewalks.
Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions
would be a direct contributing factor.
County Industrial Park area
The conditions survey identified approximately 4,744 lineal
feet of sidewalk or sidewalk potential within the county
industrial park limits. Within this area the sidewalk
conditions were as follows:
416 (8.8%) lineal feet were determined to be adequate
1,484 (31.3%) lineal feet were determined to be in a
deteriorating condition
2,844 (59.9%) lineal feet had no sidewalk at all
Again, no dilapidated sidewalk was identified in the
field work.
Overall, 90% of the lineal feet in this area were either missing sidewalk or the sidewalk was in a
deteriorated state. Again, the most critical portion of this review is the amount of missing sidewalk.
Within the county industrial park there are several large tracts of land with heavily traveled streets.
Some of these parcels are adjacent to a city trail which has limited connectivity to it from these
areas. See Figure 5 for the locations of these conditions.
Due to the large amount of missing or deteriorating sidewalk within the county industrial park,
sidewalk conditions would be a direct contributing factor and is a contributing factor to adjacent
areas within the corporate limits.
Grand Island Council Session - 3/26/2012 Page 38 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 12
Street Conditions
The street conditions were analyzed in the Study Area
including both the incorporated areas and the
unincorporated portions of the area. The streets were also
rated on four categories; adequate, deteriorating,
dilapidating, and missing completely. The following is the
breakdown by corporate limits and county industrial park.
Based upon a state statute that requires anytime a city
annexes part of a street or road they are required to annex
the entire street or road, the analysis assumes that unless a
street or road is entirely within the county industrial park it is in the corporate limits. Due to this
assumption, of the total 13,139 lineal feet of streets in the study area, all but 270 lineal feet are
within the corporate limits.
Corporate Limits
Within the corporate limits portion of the study area there is
approximately 12,899 lineal feet of street. After reviewing
the conditions in the field, the following is how the street
conditions breakdown within the corporate limits:
1,929 (15.0%) lineal feet of adequate street
10,608 (82.2%) lineal feet of deteriorating street
362 (2.8%) lineal feet of gravel streets.
There was no street deemed to be dilapidated.
Overall, 85% of the streets are in either a deteriorating state
or was paved with gravel, thus an obsolete material for an
urban area. See Figure 6 for the locations of these streets.
Due to the large amount of deteriorating and missing street, the street conditions would be a direct
contributing factor.
County Industrial Park area
The conditions survey identified approximately 270 lineal
feet of street within the county industrial park limits. Within
this area the sidewalk conditions were as follows:
270 (100.0%) lineal feet was gravel.
There were no other conditions.
Overall, 100% of the lineal feet in this area were constructed
of gravel. In addition, as shown in the photograph at the
right, this portion of street had considerable pot holes
throughout. See Figure 5 for the locations of these
conditions.
Due to the fact that there is one street section that is all gravel within the county industrial park
and the condition of that street is in poor condition, street conditions would be a direct contributing
factor and is a contributing factor to adjacent areas within the corporate limits.
Drainage Conditions
Grand Island has a long history of drainage issue due to
the extreme flatness of the area, as well as the high water
table. Topography and soils can have a major impact on
how a given portion of the city drains. The area designated
Grand Island Council Session - 3/26/2012 Page 39 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 13
in this Study Area is nearly flat or has an extremely small slope.
The field survey examined the entire area for potential drainage problems. One field survey was
completed a couple of days after a rain event and the second trip was the day after a rain event.
During both field visits there was standing water throughout the entire area. Water was standing in
large potholes, in drainage ditches, along areas that were supposed to drain the water away.
Standing water from poor drainage can be a catalyst for
Health issues like West Nile due to the potential mosquito
breeding that can occur.
Drainage also can be tied directly to the next issue that
was analyzed during the field investigations, curb and
gutter conditions.
Curb and Gutter
Curb and Gutters have a number of direct and indirect
roles in neighborhoods. Their primary functions is to be a
barrier that collects and directs water, drainage. On a
secondary level, they can help define where the streets
start and stop, and they act as a physical barrier between
pedestrian and vehicular traffic.
Curb and gutter for the Study Area will be examined
similarily to streets and sidewalks. The curb and gutter will
be graded as either adequate, deteriorating, dilapidated, or
missing. In addition, curb and gutter will be examined
based upon their location, within the incorporated area or
within the county industrial park.
Corporate Limits
Within the corporate limits portion of the study area there is
approximately 11,357 lineal feet of curb and gutter
possible. After reviewing the conditions in the field, the
following is how the curb and gutter conditions breakdown
within the corporate limits:
6,432 (56.6%) lineal feet of adequate curb and gutter
2,756 (24.3%) lineal feet of deteriorating curb and gutter
2,169 (19.1%) lineal feet of no curb and gutter or rural section.
There was no street deemed to be dilapidated.
Nearly, 45% of the curb and gutters are in either a
deteriorating state or are missing. See Figure 7 for the
locations of these streets.
Due to the large amount of deteriorating and missing curb
and gutter, the curb and gutter conditions would be a
direct contributing factor.
County Industrial Park area
The conditions survey identified approximately 6,200 lineal
feet of curb and gutter or possible locations within the
county industrial park limits. Within this area the curb and
gutter conditions were as follows:
416 (6.7%) lineal feet was adequate curb and gutter.
Grand Island Council Session - 3/26/2012 Page 40 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 14
1,484 (23.9%) lineal feet was in a deteriorating condition.
4,299 (69.3%) had no curb and gutter or was rural section drainage.
There was no curb and gutter deemed to be in a dilapidated condition.
Overall, 92% of the lineal feet in this area were either
deteriorating curb and gutter or there was no curb and
gutter. See Figure 7 for the locations of these conditions.
Due to the fact that there is a great deal of deteriorating
curb and gutter, as well as the fact there is a large portion
of this area that does not have any curb and gutter this
area would be contributing negatively to adjacent areas
within the corporate limits.
Unsanitary / Unsafe conditions
The primary issue surrounding Unsanitary/Unsafe
conditions is centered on issues within the county
industrial park portion of the Study Area. Even though
these conditions are not completely present within the
corporate limits, they are a major contributing factor on
the properties within the corporate limits.
The first contributing factor is the standing water and
drainage issues that are found throughout the entire Study
Area. This water has the potential to be the breeding
grounds for insects, especially mosquitoes and their
potential to carry the West Nile Virus.
Secondly, the old Aurora COOP site contains several building that has limited use at present. It
appears that a number of these structures may not be secure and the potential for individuals to
sneak into the structures and injure themselves is an extreme possibility.
The final contributing factor found within the Study Area is
the property along the south side of Oklahoma Avenue. The
property not only contains run down structures but it also
contains a large area of old machinery and other items. The
property is also very weedy. The property is fenced off with a
larger chain link fence; however, the fence itself is in
disrepair and a potential unsafe condition. All of these
conditions are along the Oklahoma Avenue side of the
property.
Based upon the field analysis, there are sufficient elements
present for there to be unsanitary and unsafe conditions in the Study Area. These conditions are
predominately found as being a contributing factor from
properties in the county industrial park.
Deterioration of site or other improvements
Throughout the corporate limits of this Study Area, there is
a large portion of sidewalk that is either deteriorating or
missing. In addition, a large portion of the curb and gutter
has been determined to be either deteriorating or missing.
Finally, the corporate limits also have a large amount of
deteriorating streets. The streets have been patched over
Grand Island Council Session - 3/26/2012 Page 41 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 15
and over due to large amounts of cracking that has been occurring in the pavement.
These are major considerations in determining if the area has deteriorated sites or improvements.
There are a number of properties in the county industrial park that lend themselves to this
category. Again the old Aurora COOP site contains several structures that have a negative impact
on adjacent properties within the corporate limits. In addition, several of the larger ponding
locations are located on this property.
The site along the south side of Oklahoma Avenue has a security fence that is in disrepair. In
addition there are a large number of overgrown weeds and volunteer trees growing along the
Oklahoma Avenue property line.
Based upon the field analysis, there are sufficient elements present to meet the definition of
deterioration of site and other improvements in the Study Area. These conditions include conditions
found to be contributing from properties in the county industrial park.
Dangerous conditions to life or property due to fire or other causes
A number of the structures within the Study Area deteriorating and appear to be getting worse. The
continued deterioration from this point forward will place some of these properties at risk for fire.
In addition, there are a couple of properties that if they go untouched in the future could present a
danger to life if someone were to sneak onto the property. This property needs to have a repaired
security fence put into place in order to minimize the threat.
Based upon the field analysis, there are sufficient elements present to meet the definition of
dangerous conditions within the Study Area. These conditions are predominately found as being a
contributing factor from properties in the county industrial park.
Combination of factors which are impairing and/or arresting sound growth
There is one critical element within this Study Area that is presently impairing and/or arresting
sound growth, the remaining parcels that are located within the county industrial park. Currently,
there is so few properties left within the county industrial park that the benefits that this economic
development tool offers is extremely minimized. Therefore, any future development within this
portion of the Study Area will likely be minimal thus slowing the ability of the entire area to
redevelop.
Based upon the field analysis, there are sufficient elements present to meet the definition of
impairing/arresting sound growth within the Study Area. These conditions are predominately found
as being a contributing factor from properties in the county industrial park.
BlightingBlighting SummarySummary
These conditions are contributing to the blighted conditions of the study area.
Substantial number of deteriorating structures
o 30.8% of the structures identified within the corporate limits, of the Study Area, were
deemed to be in a state of deterioration or dilapidation
o 63.6% of the structures in the adjacent county industrial park where deemed to be in a
state of deterioration or dilapidation.
o The deteriorating and dilapidated structures within the county industrial park are a
contributing factor on the properties within the corporate limits.
Unsanitary / Unsafe conditions
o The presence of standing water through the corporate limits and the county industrial park
is a contributing factor due to the potential breeding grounds for insects such as
mosquitoes.
Grand Island Council Session - 3/26/2012 Page 42 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 16
o In addition one property within the county industrial park has a large amount of junk and
debris. In addition the facility also has a chain link fence that is falling apart.
Deterioration of site or other improvements
o A large amount of sidewalk either in a deteriorated state or missing from properties in the
corporate limits
o A large amount of sidewalk either in a deteriorated state or missing within the county
industrial park area
o The existence of two gravel streets within the study area
o The condition of the streets within the corporate limits and the county industrial park
o Deteriorating curb and gutter and missing curb and gutter in both the corporate limits and
county industrial park.
Dangerous conditions to life or property due to fire or other causes
o The number of deteriorating structures, especially within the county industrial park portion
of the Study Area.
o The condition of the property on the south side of Oklahoma Avenue
o The condition of the security fence along the south side of Oklahoma Avenue
Combination of factors which are impairing and/or arresting sound growth
o The continued existence of the county industrial park
Average age of structures is over 40 years of age
o Within the corporate limits of the Study Area 97.8% of the structures meet the criteria of 40
years of age or older.
o Within the county industrial park portion of the Study Area. 90.9% of the structures meet
the criteria of 40 years of age or older.
The other criteria for Blight were not present in the area, these included:
Defective/Inadequate street layouts,
Faulty lot layout,
Defective or unusual condition of title,
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
Diversity of ownership.
Improper Subdivision or obsolete platting
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
SubstandardSubstandard ConditionsConditions
Average age of the residential or commercial units in the area is at least forty years
Besides structural conditions of the buildings in the Study Area, age of these structures is another
contributing factor to the substandard conditions in the area. Statutes allow for a predominance of
structures that are 40 years of age or older to be a contributing factor regardless of their condition.
The following paragraphs document the structural age of the Study Area and again it is broke down
into the corporate limits and the county industrial park areas.
Corporate Limits
Within the corporate limits portion of the study area there is a total of 91 primary structures. After
research structural age on the Hall County Assessor’s and Treasurer’s websites, the following
breakdown was determined:
2 (2.2%) structures were determined to be less than 40 years of age
Grand Island Council Session - 3/26/2012 Page 43 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 17
89 (97.8%) structures were determined to be 40 years of age or older
Overall, 97.8% of the structures in this portion of the area are 40 years old or older thus qualifying
it as substantial. See Figure 4 for the locations of the structures.
Due to the age of the structures in the corporate limits, age of structures would be a direct
contributing factor.
County Industrial Park area
The conditions survey identified 22 structures within the county industrial park limits. Within this
area the overall structural ages include:
2 (9.1%) structures were determined to be less than 40 years of age
20 (90.9%) structures were determined to be 40 years of age or older
Overall, 90% of the structures in this portion of the area are 40 years old or older thus qualifying it
as substantial. Even though this area is not within the corporate limits of Grand Island, the
structural age of this area does have an impact on the adjacent properties. See Figure 4 for the
locations of the structures.
Due to the age of the structures within the county industrial park, age of structures would be a
direct contributing factor.
SubstandardSubstandard SummarySummary
Nebraska State Statute requires that at least one of five substandard factors be present in a
community. This Study Area in Grand Island has one of the five. The other criteria for Substandard
were not present or the data was not readily accessible in the area, these included:
Unemployment in the designated area is at least one hundred twenty percent of the state or
national average;
more than half of the plotted and subdivided property in an area is unimproved land that has
been within the city for forty years and has remained unimproved during that time;
the per capita income of the area is lower than the average per capita income of the city or in
which the area is designated
the area has had either stable or decreasing population based on the last two
decennial censuses.
FINDINGS FOR GRAND ISLAND
Study Area #8 has several items contributing to the Blight and Substandard Conditions. These
conditions include:
Blighted Conditions
Substantial number of deteriorating structures,
Unsanitary / Unsafe conditions,
Deterioration of site or other improvements,
Dangerous conditions to life or property due to fire or other causes,
Combination of factors which are impairing and/or arresting sound growth,
Average age of structures is over 40 years of age.
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty years
Issues which were not researched due to a lack of data were:
Tax/special assessment delinquency greater than fair value of land,
Tax delinquency,
Grand Island Council Session - 3/26/2012 Page 44 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 18
Underemployment that equals 120% state or national average,
Per capita income less than city wide average, and
High Density or population and overcrowding.
Unemployment in the designated area is at least one hundred twenty percent of the state or
national average;
more than half of the plotted and subdivided property in an area is unimproved land that has
been within the city for forty years and has re mained unimproved during that time;
the per capita income of the area is lower than the average per capita income of the city or in
which the area is designated
Figure 5:
Sidewalk Conditions
Source: Olsson Associates and Marvin Planning Consultants, 2011
Grand Island Council Session - 3/26/2012 Page 45 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 19
Figure 6:
Street Conditions
Source: Olsson Associates and Marvin Planning Consultants, 2011
Grand Island Council Session - 3/26/2012 Page 46 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • January 2012 Page 20
Figure 7:
Curb and Gutter Conditions
Source: Olsson Associates and Marvin Planning Consultants, 2011
CCONCLUSIONONCLUSION
Based upon the issues and conditions indicated from the survey of this area, there are
sufficient criteria present to declare Area #8 of Grand Island as Blighted and Substandard
as provided for in the Nebraska Revised Statutes. The conditions found throughout the
entire area constitute a designation of blighted and substandard.
In addition, the area within the county industrial park is not only a contributing factor to the
area within the corporate limits but if this area had its industrial park designation removed,
the area would be able to stand on its own as Blighted and Substandard.
The eventual use of Tax Increment Financing would be of great benefit to the entire area;
provided the entire area is brought into the corporate limits of the community.
Grand Island Council Session - 3/26/2012 Page 47 / 183
General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 1
EXECUTIVE SUMMARY
This Redevelopment Plan (the “Redevelopment Plan” or the “Plan”) is intended to provide a
guide for the implementation of redevelopment activities within the previously examined
Redevelopment Area #8 in Grand Island, Nebraska (the “City”), pursuant to the provisions of
the Nebraska Community Development Law and sections 18-2145 to 18-2154 (together,
the “Act”).
The Grand Island Redevelopment Authority (the “CRA”), acting as a redevelopment
authority pursuant to the Act, intends to undertake or provide for the redevelopment
within the study area, legally described and shown on Figure 2 (the “Redevelopment
Plan Area”) in the Blight and Substandard Study. Redevelopment activities shall be
utilized to promote the general welfare, the enhancement of the tax base, the
economic and social well-being, the development of any public activities and
promotion of public events in the Area, along with any and all other purposes, as
outlined in the Act.
A Community Development Authority Redevelopment Plan must contain the general
planning elements set out by section 18-2111 of the Act as items (1) through (6), as
follows:
“(1) the boundaries of the redevelopment area with a map showing the
existing uses and condition of the real property therein; (2) a land-use plan
showing proposed uses of the area; (3) information showing the standards
of population densities, land coverage and building intensities in the area
after redevelopment; (4) a statement of the proposed changes, if any, in
zoning ordinances or maps, street layouts, street levels or grades, or
building codes and ordinances; (5) a site plan of the area; and (6) a
statement as to the kind and number of additional public facilities or
utilities which will be required to support the new land uses in the area
after redevelopment.
Section 18-2113 of the Act, provides that a Community Redevelopment Authority must
consider certain planning matters prior to recommending a redevelopment plan to the City
Council for adoption. These considerations are defined therein, as follows:
"...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, sewage, 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."
Grand Island Council Session - 3/26/2012 Page 48 / 183
General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 2
CONCLUSION
While this Redevelopment Plan establishes overall policies and intentions toward the
comprehensive redevelopment of the Area, additional phases may require subsequent
project plans and redevelopment agreements consistent with this Redevelopment Plan
Grand Island Council Session - 3/26/2012 Page 49 / 183
General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 3
REDEVELOPMENT PLAN
The planning process for the Redevelopment Area has resulted in a listing of general planning
and implementation recommendations. As previously discussed in the Blight and
Substandard Determination Study, there are several structural and substandard conditions
which are detrimental to the health, safety and general welfare of the community and
generally obsolete in respect to the development and living environment expectations of
Nebraska communities, including the City of Grand Island. To eliminate these conditions and
enhance private development activities within the Redevelopment Area, the City of Grand
Island will need to consider the following planning and redevelopment actions:
·rehabilitation of residential, commercial, industrial and public/quasi-
public properties;
·maintain and/or replace, as necessary, the current infrastructure in the Area;
·code enforcement program for the clean-up of areas in violation and
detrimental to health, safety and general welfare of the community:
·screening and/or buffering of adjacent industrial areas (beyond the
Redevelopment Area) from residential uses, including the use of
berms and, or, landscaping to partially screen parking or storage
areas and enhance vehicular and pedestrian right-of-ways; and,
·condemnation of un-safe structures, acquisition where necessary and
demolition of substantially deteriorated structures, and replacement with
appropriate residential, commercial or industrial development.
Both a timeline and budget should be developed for the Redevelopment Plan. Each of
these processes should be designed in conformance with the resources and time available
to the CRA and the City. A reasonable timeline to complete the redevelopment activities
identified in the Redevelopment Plan would be 10 to 15 years.
Various funding sources exist for the preparation and implementation of a capital improvement
budget designed to meet the funding needs of proposed redevelopment activities. These
include, in addition to city and federal funds commonly utilized, Community Development Block
Grant funding, HOME funding, special assessments, general obligation bonds, redevelopment
bonds, occupation taxes and tax increment financing.
Future Land Use Pattern
The existing land use patterns within Redevelopment Area were described in the Blight and
Substandard Determination Study portion of this document. In general, the Redevelopment
Area contains six distinct land uses. The primary developed uses include single and
multifamily residential, commercial, industrial, parks/recreational and quasi-public use.
There is also an under-utilized tract south of the existing commercial area that would be
available for commercial or industrial development.
Future land uses recommended for Redevelopment Area are planned to be in general
conformance with the current zoning pattern depicted in the Blight and Substandard
Determination Study. However, expansion of the industrial and commercial uses within the
area is recommended, including the expansion of current industrial uses into other non-
residential districts within the Redevelopment Area.
Infill development in conformance with the associated future land use and zoning criteria are
advocated throughout Redevelopment Area for vacant parcels. These lots, or parcels, are cost
Grand Island Council Session - 3/26/2012 Page 50 / 183
General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 4
effective to develop as all required infrastructure is present.
Future Zoning Districts
A future zoning plan for Redevelopment Area is reflected in the existing zoning map
contained in the Blight and Substandard Study. The map illustrates the future zoning
classifications are in conformance with the City's Comprehensive Plan and current zoning
classifications. However, as stated above, expansion of the industrial and commercial uses
within the area is recommended, including the expansion of current industrial uses into other
non-residential districts within the Redevelopment Area.
Recommended Public Improvements
Streets: Although sufficient infrastructure generally exists in the Redevelopment Area the
installation and upgrading of streets and sidewalks is ongoing by the City through its
various programs. The Blight and Substandard Study identified deteriorating, dilapidated
and rural section curb and gutter, as well as sidewalks, as a major contributing substandard
condition. An upgrade of these improvements is a primary and first step in the
redevelopment of the Area. Gravel streets, which are to remain public streets, in the area
should be improved to City standards.
Storm Water: Although sufficient infrastructure generally exists in the Redevelopment Area
the installation and upgrading of storm sewer lines and facilities is ongoing by the City
through its various programs. .
Potable Water and Gas: Although sufficient infrastructure generally exists in the
Redevelopment Area the installation and upgrading of water and gas lines is ongoing.
Sanitary Sewer: Although sufficient infrastructure generally exists in the Redevelopment
Area the installation and upgrading of sanitary sewer lines and facilities is ongoing by the
City through its various programs.
Electrical Power: Although sufficient infrastructure generally exists in the Redevelopment
Area the installation and upgrading of electrical power lines and facilities is ongoing by the
City through its various programs.
Recreation: The current recreational facilities will be upgraded from time to time in
accordance with the City Comprehensive Plan.
Residential District
Primary redevelopment focus should concentrate on housing rehabilitation and overall site
condition improvements. Additionally, the City or CRA may improve certain lots by
demolishing deteriorated structures on those lots. The City or CRA will market the acquired
and improved lots to allow for the private construction of the replacement residential units.
The lots selected to be acquired as part of an initial project, and each future project, need
not be contiguous, but shall be selected on availability, funding and likelihood of successful
development. The CRA may also develop a residential revolving fund to provide funding to
owners to upgrade their property. Initial and on-going funding is discussed below.
Commercial/Industrial District
Overall upgrade of site conditions and structures are a primary focus. Expansion of such
uses as well as a combination of properties is necessary for the redevelopment of the Area.
Various public financing tools, as described in this Redevelopment Plan, may be made
available for such commercial and industrial redevelopment. Public streets, where
appropriate, may be vacated to encourage contiguous commercial or industrial
Grand Island Council Session - 3/26/2012 Page 51 / 183
General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 5
redevelopment. Traffic patterns for commercial/industrial truck traffic should be studied to
minimize the effect on the adjacent residential area.
Financing
Redevelopment Bonds
The Plan proposes that the CRA issue a series of redevelopment bonds (the “Bonds”) to be
repaid from several sources as set out in the each particular issuance. These sources
include all or a portion of the excess ad valorem real estate taxes generated by a series of
redevelopment projects pursuant to §18-2147 of the Nebraska Revised Statutes (“Tax
Increment Financing” or “TIF”) for a period of 15 years from the respective project effective
dates, special assessments, ad valorem real estate taxes from the special redevelopment
levy, grants and other income from the Redevelopment Area. The proceeds of the Bonds to
assist in payment of project costs, as further defined in a subsequent redevelopment
contract or contracts. The costs of adequate redevelopment of the Area is too great to be
absorbed by either the Developer or public without the assistance of Tax Increment
Financing, as further described in the cost benefit analysis to be provided with each project.
The Bonds issued for the commercial/industrial redevelopment would generally be
purchased by the developer using such funds granted to it by the CRA. In addition to
necessary public improvements, the Bond proceeds would be used to provide funding for
allowable expenses incurred by the Developer.
Each of these subsequent redevelopment project plans may contain a provision for the
division of ad valorem taxes for each respective project, thereby allowing the excess ad
valorem taxes that are collected from each project to be available and pledged to the
outstanding Bonds for the full statutory period. The effective date of each pledge, as
described above, shall be the date determined either by contract or by modification of the
outstanding Bond terms.
Loan/Grant Programs
The CRA and the City of Grand Island should seek funding sources to create a revolving loan
and/or grant program for the rehabilitation and improvement of buildings and public uses in
Redevelopment Area. The rehabilitation of residential, commercial and industrial buildings
would prolong the life of the structures, create safe and decent living and shopping
environments and enhance the pride of the community. As discussed above, funding may be
available through the CRA levy or from the excess ad valorem taxes from each project as it
develops.
Façade Improvement Program
This citywide program used in blighted and substandard areas is appropriate for this Area. The
program provides funding assistance to commercial properties to rehabilitate building
frontages.
SUMMARY
The recommendations listed above are to grant authority to the City of Grand Island and the
CRA in creating a viable and sustainable living environment in Grand Island, through the full
use of the Community Development Law.
Grand Island Council Session - 3/26/2012 Page 52 / 183
Grand Island Council Session - 3/26/2012 Page 53 / 183
Grand Island Council Session - 3/26/2012 Page 54 / 183
Grand Island Council Session - 3/26/2012 Page 55 / 183
Grand Island Council Session - 3/26/2012 Page 56 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item F1
#9376 - Consideration of Amendment to Chapter 16 of the Grand
Island City Code Relative to Burning Regulations
Staff Contact: Tim Hiemer
Grand Island Council Session - 3/26/2012 Page 57 / 183
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:March 13, 2012
Subject:Open Burning
Item #’s:F-1
Presenter(s): Tim Hiemer, Fire Operations Division Chief
Background
The City of Grand Island (City) ordinance regulating open burning has been the subject
of numerous recent discussions by the Grand Island City Council (Council). Although
proposed changes to the ordinance were rejected by the Council, it needs to be examined
and amended to correct errors and insure certain activities common and accepted in the
community are not deemed illegal. In addition, if the proposed amended ordinance is
approved by the Council, the 2011/2012 City Fee Schedule must be amended.
Discussion
The proposed amended ordinance generally addresses the following issues:
1. Permits the cooking of food for human consumption on commercial premises.
Presently a number of commercial establishments sell food cooked on outdoor grills
during the Summer. This is also a common activity during the Nebraska State Fair.
2. Requires evidence of necessary permits by the Nebraska Department of
Environmental Quality (DEQ) be provided to the Fire Chief before a City permit is
issued.
3. Permits open fires for ceremonial, educational, or recreational purposes by non-profit
or governmental entities.
4. Permits the use of outdoor fireplaces with safety restrictions as these devices have
become quite common and accepted in the City in recent years.
5. Requires a fee of ten dollars for an open burning permit as permitted by State law
prior to the issuance of that permit.
Grand Island Council Session - 3/26/2012 Page 58 / 183
Alternatives
It appears the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the proposed amended Ordinance and/or the proposed
Resolution amending the 2011/2012 City Fee Schedule.
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 the Council approve Ordinance No. 9376 amending
Grand Island City Code §16-11 and Resolution 2012-84 amending the 2011/2012 City
Fee Schedule.
Sample Motion
Move to approve Ordinance No. 9376 amending Grand Island City Code §16-11 and
Resolution 2012-84 amending the 2011/2012 City Fee Schedule.
Grand Island Council Session - 3/26/2012 Page 59 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
ORDINANCE NO. 9376
WHEREAS, the Grand Island City Council finds it necessary to amend Grand
Island City Code §16-11, its laws regulating open fires, to reflect existing community standards,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
I. That Grand Island City Code §16-11 be amended to read as follows:
§16-11. Open Fires; When Allowed; Permit; Fire Locations; Hours of Burning
(1) For purposes of this section, Open Fire shall mean burning under such conditions that the
products of combustion are emitted directly into the ambient air and are not conducted thereto
through a stack, chimney, duct, or pipe.
(2) No person shall cause or permit any open fire within the limits of the City.
(3) Exceptions:
(a) Fires set solely for the outdoor cooking of food for human consumption on other than
commercial premises where no nuisance or hazard is created;
(b) Fires set with the written permission of the Fire Chief of the City of Grand Island or
his or her designated representative and upon receipt of any permit required by the
Nebraska Department of Environmental Quality:
(i) for the purpose of training public or industrial fire fighting personnel.
(ii) for essential agricultural operation in the growing of crops where no nuisance
or hazard is created.
(iii) for the purpose of destroying dangerous materials or diseased trees.
(iv) for the purpose of clearing land for roads or other construction activity.
(v) for ceremonial, educational, or recreational purposes by a legally established
and recognized non-profit organization or governmental entity.
(vi) for the purpose of burning leaves and brush where no nuisance or hazard is
created.
(c) Fires set in operation of smokeless flare stacks for the combustion of waste gases,
provided they meet the requirements of the Nebraska Department of Environmental
Control Quality.
(d) For opening burning of leaves and brush where no nuisance or hazard is created
during the following periods: (1) A fourteen (14) day period beginning the third
Sunday in April, and (2) A fourteen (14) day period beginning the second Sunday in
October or as the Fire Chief may designate due to inclimate inclement weather during
the foregoing specified periods.
(e) For the private, residential use of outdoor fireplaces as defined below and with
the following restrictions:
(i) portable fire pits which are designed and commercially sold to confine
outdoor wood fires;
(ii) chimineas, constructed of clay or some other fire safe material which are
designed and commercially sold to confine outdoor wood fires;
Grand Island Council Session - 3/26/2012 Page 60 / 183
ORDINANACE No. 9376 (Cont.)
- 2 -
(iii) fire rings which are designed to enclose an outdoor fire with a metal tube,
poured concrete, stones, or some other fire safe material partially buried in the
ground;
(iv) all outdoor fireplaces must be at a minimum of fifteen (15) feet distance from
any structure, including fences and sheds and placed on a stable, non-combustible
surface such as a concrete pad;
(v) the fuel area for all outdoor fireplaces shall be no more than three (3) feet in
diameter and completely enclosed by a non-combustible screening material;
(vi) the opening in the fuel area must be covered with a screening material
constructed of fire safe wire mesh to prevent the passage of sparks and embers:
(vii) fuel for outdoor fireplaces shall be limited to untreated and/or seasoned
wood.
(viii) fuel that consists of yard waste or wood that is milled, processed, treated,
and/or painted is prohibited;
(ix) while in operation, all outdoor fireplaces shall be continuously monitored by
at least one (1) person eighteen (18) years of age or older and an operable garden hose
connected to a water supply shall be available for extinguishing flames; and
(x) outdoor fireplaces shall not be operated when local average wind speed is
fifteen miles per hour (15 mph) or greater.
(4) Open fires shall be constantly attended continuously monitored by a competent at least one
(1) person eighteen (18) years of age or older until the fire is extinguished. The person so
attending shall have an operable garden hose connected to a water supply or other fire
extinguishing equipment readily available for use, and no such fire shall be abandoned until it
has been completely extinguished.
(5) Permits to burn leaves and brush shall only be issued to the owner or occupant of private
residential property fire locations. Applications for Ppermits may be issued made only during
each open burning period and the week prior thereto. A separate permit shall be required for each
open burning period for the activities listed in paragraph (3)(b)(vi) above and shall be maintained
in the possession of a person tending the fire at all times.
(6) A separate permit shall be required for any of the activities listed in paragraphs (3)(b)(i),
(ii), (iii), (iv), and (v).
(6)
(7) Fire locations for leaf and brush piles greater than three (3.0) feet in diameter or two (2.0)
feet in height must be at least fifty (50.0) feet away from any structure or other combustible
material. Fire locations for leaf and brush piles less than three (3.0) feet in diameter and two (2.0)
feet in height must be at least twenty-five (25.0) feet from any structure or other combustible
material unless the fire is contained within an approved burning appliance or barrel with one-half
(1/2") inch (1/2”) wire mesh screen covering the entire opening and such container or barrel is
located not less than fifteen (15.0) feet from any structure or other combustible material.
(7)
(8) Leaf and brush fires may only be burned occur between the hours of 8:00 a.m. and 8:00
p.m. during of the open burning periods as defined in paragraph (3)(d) above.
(8)
(9) The Fire Chief of the Grand Island Fire Department may prohibit any and all open burning
when he or she determines atmospheric conditions or local circumstances make such fires
hazardous.
Grand Island Council Session - 3/26/2012 Page 61 / 183
ORDINANACE No. 9376 (Cont.)
- 3 -
(10) A permit fee of ten dollars ($10.00) for each open burning period for the activities listed in
paragraph (3)(b)(vi) above must be paid by any person or organization seeking a permit prior to
its issuance.
(11) A permit fee of ten dollars ($10.00) for each daily occurrence for any of the activities
listed in paragraphs (3)(b)(i), (ii), (iii), (iv), and (v) above must be paid by any person or
organization seeking a permit prior to its issuance.
II. Any ordinances or parts of ordinances in conflict are hereby repealed.
III. This ordinance shall be in full force and will take effect from and after its passage and
publication pursuant to law.
Enacted: March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
ATTEST:
___________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 62 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G1
Approving Minutes of March 13, 2012 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/26/2012 Page 63 / 183
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 13, 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 March 13, 2012. Notice of the meeting was given in The Grand Island Independent on
March 7, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember
Chuck Haase was absent. The following City Officials were present: City Administrator Mary
Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director
John Collins and Finance Director Jaye Monter.
INVOCATION was given by Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer
Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Josh Sugita and Board member
Theresa Engelhardt.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Hall County WWII Hero Flights to Washington, DC. Mayor Vavricek and the
City Council recognized the outstanding work of the Hall County WWII Hero Flights to send
World War II veterans to Washington, DC to visit the World War II Memorial. Don Shuda was
present for the recognition and explained the flights. Viewed was a short video of the first flight.
Proclamation “National Agricultural Day” March 8, 2012. Mayor Vavricek proclaimed March 8,
2012 as “National Agricultural Day”. FFA Students from Northwest High School were present
for the presentation.
PUBLIC HEARINGS:
Public Hearing on Request from Napoli, LLC dba El Napoli’s Italian, 3421 Conestoga Drive for
a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class
“I” Liquor License had been received from Napoli, LLC dba Napoli’s Italian, 3421 Conestoga
Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on February 10, 2012; notice to the general
public of date, time, and place of hearing published on March 3, 2012; notice to the applicant of
date, time, and place of hearing mailed on February 10, 2012; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon completion of a state approved alcohol
server/seller training program. No public testimony was heard.
Public Hearing on the Proposal for Use of Program Income Reuse Funds. Community
Development Administrator Marco Floreani reported that through the Community Development
Block Grant (CDBG) the City submitted an application on behalf of the Grand Island Business
Grand Island Council Session - 3/26/2012 Page 64 / 183
Page 2, City Council Regular Meeting, March 13, 2012
Improvement District #8 for a $12,500 Revolving Loan funds. If approved these fund would
provide a portion of the required match for a 2012 Phase 1 Downtown Revitalization Grant from
the Nebraska Department of Economic Development. No public testimony was heard.
Public Hearing on Application for Community Development Block Grant Program. Community
Development Administrator Marco Floreani reported that a Community Development Block
Grant had been prepared for $30,000 to fund the Downtown Revitalization Phase 1 Pre-
Development Planning Grant to develop a revitalization plan for downtown infrastructure and
growth. No public testimony was heard.
Public Hearing on Acquisition of Public Street Right-of-Way in Oak Pointe Subdivision (R.B.O.,
L.L.C.). Public Works Manager of Engineering Services Terry Brown reported that acquisition
of a Public Street right-of-way was needed in order to allow for redesign of the development area
at Starwood Avenue and Cedar Ridge Court for development of a cul-de-sac at the south end of
Lot One. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement in Oak Pointe Subdivision (R.B.O.,
L.L.C.). Public Works Manager of Engineering Services Terry Brown reported that acquisition
of a Public Utility easement was needed in the Oak Pointe Subdivision to allow for the
construction, operation, maintenance, extension, repair, replacement, and removal of public
utilities within the easement for the purpose of allowing for this area to be redeveloped as a cul-
de-sac. No public testimony was heard.
ORDINANCES:
#9363 – Consideration of Annexation of Property Located South of US Highway 34 and
West of South Blaine Street – Annexation Area 8b (included Rainbow Lake Area) (Final
Reading)
Motion by Gilbert, second by Donaldson to approve Ordinance #9363 on third reading. Upon
roll call vote, all voted aye. Motion adopted.
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9370 – Consideration of Amendment to Chapter 35 of the Grand Island City Code
Relative to Groundwater Control Area #4 – Nebraska Solvents Company Site on the
Eastern Side of the City of Grand Island and a Portion of Western Merrick County
#9371 ( ) – Consideration of Amendments to Chapter 35 of the Grand Island City Code
Relative to Revisions of the Water Rate Schedule
#9372 – Consideration of Amendments to Chapter 32 of the Grand Island City Code
Relative to Streets and Sidewalks
#9373 – Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
#9374 – Consideration of Vacation of Starwood Avenue and Cedar Ridge Court in Oak
Pointe Subdivision (R.B.O., L.L.C.)
#9375 – Consideration of Amendment to Chapter 16 of the Grand Island City Code
Relative to Open Burning
Grand Island Council Session - 3/26/2012 Page 65 / 183
Page 3, City Council Regular Meeting, March 13, 2012
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 Gard second the motion. Upon roll call vote, all voted aye. Motion adopted.
#9370 – Consideration of Amendment to Chapter 35 of the Grand Island City Code
Relative to Groundwater Control Area #4 – Nebraska Solvents Company Site on the
Eastern Side of the City of Grand Island and a Portion of Western Merrick County
Utilities Director Tim Luchsinger reported that Union Pacific would like to create a groundwater
control area restricting development and use of new water sources by property owners in the
contaminated area. This ordinance also had a housekeeping function of clearly delineating the
provisions of Groundwater Control Area No. 3.
Lewis Kent, 624 Meves Avenue questioned if Swift would be putting in a well. Mr. Luchsinger
stated he was not aware of any well drilling by Swift.
Motion by Dugan, second by Gericke to approve Ordinance #9370.
City Clerk: Ordinance #9370 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9370 on final passage. All those in favor of the passage of this ordinance
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,
Ordinance #9370 is declared to be lawfully adopted upon publication as required by law.
#9371 (A) – Consideration of Amendments to Chapter 35 of the Grand Island City Code
Relative to Revisions of the Water Rate Schedule
Utilities Director Tim Luchsinger reported that revision of the Water Rate Schedule had been
presented to Council for possible funding methods for the capital cost and annual operating costs
for the uranium removal system project. The following two options were presented to Council:
1) creating a Meter Fee Schedule or 2) increasing each billing unit rate (100 cubic feet) by $0.16.
Lewis Kent, 624 Meves Avenue spoke in support.
Discussion was held regarding meter fee being consistent and fair so people could plan their
monthly bills. Comments were also made concerning the advantage of the set rate increase of
$.16 per 100 cubic feet. Mr. Luchsinger clarified the differences in the Ordinances. Customers
could control the price of their bill with Option (B) by the amount of water used. The Utilities
Department favored Option (A).
Motion by Donaldson, second by Gericke to approve Ordinance #9371 (A).
Grand Island Council Session - 3/26/2012 Page 66 / 183
Page 4, City Council Regular Meeting, March 13, 2012
City Clerk: Ordinance #9371 (A) on first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Niemann,
Ramsey, Gilbert, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmembers Carney and
Nickerson voted no. Motion adopted.
City Clerk: Ordinance #9371 (A) on final passage. All those in favor of the passage of this
ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmembers Niemann,
Ramsey, Gilbert, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmembers Carney and
Nickerson voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9371 (A) is declared to be lawfully adopted upon publication as required by law.
#9372 – Consideration of Amendments to Chapter 32 of the Grand Island City Code
Relative to Streets and Sidewalks
Public Works Manager of Engineering Services Terry Brown reported that Ordinance #9372
were needed Amendments to Chapter 32-69 in order to meet Federal-Aid Transportation
requirements for encroachments relating to streets and sidewalks. Ordinance #9373 related to
vacating a utility easement in Oak Pointe Subdivision and Ordinance #9374 related to vacating a
portion of Starwood Avenue and Cedar Ridge Court in Oak Pointe Subdivision.
David Jelinek, 1723 West 1st Street addressed concerns on the US Hwy 30 drainage easements
regarding sprinkler system reimbursement. Discussion was held regarding creating a license
agreement to identify location of underground sprinklers.
Motion by Ramsey, second by Gilbert to approve Ordinance #9372.
City Clerk: Ordinance #9372 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9372 on final passage. All those in favor of the passage of this ordinance
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,
Ordinance #9372 is declared to be lawfully adopted upon publication as required by law.
#9373 – Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
#9374 – Consideration of Vacation of Starwood Avenue and Cedar Ridge Court in Oak
Pointe Subdivision (R.B.O., L.L.C.)
Ordinances #9373 and #9374 related to the aforementioned Public Hearings.
Motion by Carney, second by Gard to approve Ordinances #9373 and #9374.
Grand Island Council Session - 3/26/2012 Page 67 / 183
Page 5, City Council Regular Meeting, March 13, 2012
City Clerk: Ordinances #9373 and #9374 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 #9373 and #9374 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 #9373 and #9374 are declared to be lawfully adopted upon publication as required by
law.
#9375 – Consideration of Amendment to Chapter 16 of the Grand Island City Code
Relative to Open Burning
Fire Division Chief Tim Hiemer reported that Ordinance #9375 was to amend the City Code
banning Open Burning.
Jerry Rapp, 802 East 15th Street spoke in opposition. Lewis Kent, 624 Meves Avenue spoke in
support.
Motion by Gericke, second by Carney to approve Ordinance #9375.
Mayor Vavricek answered the question as to why this issue had been brought forward. It was at
the request of Councilmember Gericke. Discussion was held regarding the enforceability and the
vote of the people to have open burning in the City.
Motion was made by Nickerson, second by Gard to amend this Ordinance to make it effective
May 1, 2012. Upon roll call vote, Councilmembers Carney, Ramsey, Gilbert, Nickerson,
Donaldson, Dugan, and Gard voted aye. Councilmembers Niemann and Gericke voted no.
Motion adopted.
A lengthy discussion on the pros and cons of a burning ban was held. Mentioned was the
complexity and number of exceptions in the Ordinance. Discussion was held on the current City
Code and if we were in compliance with State Statute. Mr. Hiemer stated we would be if we
enforced the permit policy. The Fire Department didn’t have the staff for enforcement. City
Attorney Bob Sivick explained in order for this Ordinance to pass there needed to be a 2/3 vote.
City Clerk: Ordinance #9375 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Ramsey, Donaldson,
Dugan, Gard and Gericke voted aye. Councilmebmers Carney, Niemann, Gilbert, and Nickerson
voted no. Motion failed.
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 February 25, 2012 City Council Study Session (Retreat).
Grand Island Council Session - 3/26/2012 Page 68 / 183
Page 6, City Council Regular Meeting, March 13, 2012
Approving Minutes of February 28, 2012 City Council Regular Meeting.
Approving Minutes of March 6, 2012 City Council Study Session.
Approving Councilmember Appointments to Boards and Commissions.
#2012-55 – Approving Final Plat and Subdivision Agreement for Chief Fab Second Subdivision.
It was noted that Chief Industries, Inc. owner, had submitted the Final Plat and Subdivision
Agreement for Chief Fab Second Subdivision for the purpose of creating 2 lots on property
located north of Fonner Park Road and west of Adams Street containing 15.448 acres.
#2012-56 – Approving Proposal for Use of Program Income Reuse Funds.
#2012-57 – Approving Application for Community Development Block Grant Program.
#2012-58 – Approving Grant Spending for the Nebraska Children and Families Foundation and
Nebraska Department of Health and Human Services Grants.
#2012-59 – Approving Grant Evaluation Agreement for the NE Children and Families
Foundation and NE Department of Health and Human Services Grants.
#2012-60 – Approving Acquisition of Public Street Right-of-Way in Oak Pointe Subdivision
(R.B.O., L.L.C.).
#2012-61 – Approving Acquisition of Public Utility Easement in Oak Pointes Subdivision
(R.B.O., L.L.C.).
#2012-62 – Approving Certificate of Final Completion for Broadwell Avenue Shoulder
Improvement – Capital Avenue to Veteran’s Athletic Fields with J.I.L. Asphalt Paving Company
of Grand Island, Nebraska.
#2012-63 – Approving Change Order No. 3 for Project WWTP-2010-3 for Aeration Basin
Improvements at the Wastewater Treatment Plant with Oakview dck, LLC of Red Oak, Iowa for
a decrease of $30,124.00 and a Revised Contract Amount of $3,944,025.00.
#2012-64 – Approving Supplementing Inter-Departmental Fund Transfer for Project WWTP-
2010-3 for Aeration Basin Improvements at the Wastewater Treatment Plant.
#2012-65 – Approving Support of the Hall County Historical Society Pursuing Placement of the
Seedling Mile Site on the National Registry of Historic Places.
#2012-66 – Approving Bid Award for Handicap Ramp Project No. 2012-1 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of $98,370.30.
#2012-67 – Approving Bid Award for Concrete Ready-Mix for 2012 with Gerhold Concrete Co.,
Inc. of Grand Island, Nebraska in an Amount of $77.00 per cubic yard for Portland Cement
Concrete Ready-Mix.
Grand Island Council Session - 3/26/2012 Page 69 / 183
Page 7, City Council Regular Meeting, March 13, 2012
#2012-68 – Approving Bid Award for Hot-Mix Asphalt for 2012 with Gary Smith Construction
Co. of Grand Island, Nebraska in an Amount of $48.50 per ton for Type “A” asphaltic concrete,
$44.27 per ton for Type “BC” asphaltic concrete, $54.60 per ton for Type “C” asphaltic concrete,
and $51.50 per ton for Type “SPL” asphaltic concrete.
#2012-69 – Approving Change Order #1 for Additional Infield Soil Conditioner at the Veterans
Athletic Field Complex with Dakota Transport, Inc. of Hampton, Minnesota for an Increase of
$936.80 and a Revised Contract Amount of $96,936.80.
#2012-70 – Approving Certificate of Final Completion for Infield Soil Conditioner at the
Veterans Athletic Field Complex with Dakota Transport, Inc. of Hampton, Minnesota.
RESOLUTIONS:
#2012-71 – Consideration of Request from Napoli, LLC dba Napoli’s Italian, 3421 Conestoga
Drive for a Class “I” Liquor License. This item related to the aforementioned Public Hearing.
Motion by Carney, second by Gericke to approve Resolution #2012-71 contingent upon final
inspections and completion of a state approved alcohol server/seller training program. Upon roll
call vote, all voted aye. Motion adopted.
#2012-72 – Consideration of Letter of Support for VA Homeless Veterans Housing Project.
Building Department Craig Lewis reported that a request had been made by Pridon, a national
developer specializing in homes for military families and veterans for application for Low
Income Housing Tax Credits from NIFA.
Motion by Dugan, second by Niemann to approve Resolution #2012-72. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of February 29, 2012
through March 13, 2012, for a total amount of $4,202,309.40. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/26/2012 Page 70 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G2
Approving Minutes of March 20, 2012 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/26/2012 Page 71 / 183
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
March 20, 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
March 20, 2012. Notice of the meeting was given in the Grand Island Independent on March 14,
2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Mitch Nickerson, Linna
Dee Donaldson, Scott Dugan, and John Gericke. Councilmembers Peg Gilbert and Randy Gard
were absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Attorney Bob Sivick, Public Works Manager of Engineering
Services Terry Brown and Finance Director Jaye Monter.
INVOCATION was given by Community Youth Council member Ashley Bykerk followed by
the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council members Ashley Bykerk and Kuulei
Hose.
OTHER ITEMS:
Update Concerning the US Highway 30 Drainage Improvement Project. Public Works Project
Manager Scott Griepenstroh reported that construction of a new storm sewer to improve drainage
of the recently reconstructed US-Highway 30 (Second Street) from Tilden Street to Jefferson
Street was being planned with the Nebraska Department of Roads. The current project total
estimate was $1,464,702 with the City’s share estimated at $534,431. Construction was not
expected to begin before the spring of 2013.
The following history was presented of the Wasmer Detention Cell Project:
May 2003 – City entered into contract with Kirkham Michael to perform study for
drainage improvement for the Second Street and Broadwell Avenue area
March 2005 – City approved agreement for acquisition of former Wasmer School
property
July 2006 – City entered into contract with Kirkham Michael to begin design for the
Wasmer Detention Cell Project
March 2007 – project programmed to receive Federal Transportation Aid
March 2008 – start of Second Street Widening project
October 2008 – NDOR announced significant changes for Federally funded LPA projects
April 2009 – City informed that the project is to go through the State’s bid letting system
June 2009 – Council approved supplemental agreement with Kirkham Michael to address
increased requirements for delivery of a Federal Aid Project
July 2010 – Eligibility of project for Federal Aid questioned
Grand Island Council Session - 3/26/2012 Page 72 / 183
Page 2, City Council Study Session, March 20, 2012
December 2010 – Council approved supplemental agreement with Kirkham Michael for
required study
February 2010 – FHWA and NDOR determination
◊77% waters eligible (61.6%/38.4% funding split)
◊Wasmer Detention Cell project killed
◊New Project to be programmed
April 2011 – US-30 Drainage Improvement project agreement with NDOR fully
executed
August 2011 – Agreement with Kirkham Michael to perform engineering/environmental
clearance fully executed
Mentioned were the following design changes: reduced impact to Water Utilities, reduced impact
to neighborhood trees, and temporary easements required for water services and some ADA
sidewalk ramps.
The benefits of the Wasmer Detention Cell project were: improved drainage on Second Street;
improved drainage in neighborhood; some relief for drainage on Third Street; new concrete
pavement and driveways; and ADA accessible sidewalks.
Kirkham Michael was currently completing plans and acquiring Environmental Clearance. The
City of Grand Island would develop documents and perform acquisitions for temporary
easements. Construction would begin no sooner than the spring of 2013 and would take 6 months
to complete.
Tom Halstrom, 1609 West Koenig Street questioned what the cell would look like after the
project was completed and recommended the development of a park. Mr. Brown commented this
detention cell was designed as a dry cell. In the future a neighborhood meeting would be
warranted to discuss playground equipment, benches, etc.
Dennis Hatfield, 1611 West Koenig Street spoke in support of the comments from Mr. Halstrom.
Discussion was held regarding the capacity of the detention cell. Sprinkler systems in the right-
of-way would possibly be damaged during construction at a cost of approximately $20,000. The
cost would be the responsibility of the property owners. Green space was mentioned for future
discussion with the Council.
Request to Lease City Owned Property. Parks and Recreation Director Steve Paustian reported
that a request had been made by the G. I. Riverdogs Baseball Program to lease the ball field
located at Ashton and Oak Streets.
The Pros were: the City would receive back an improved facility, reduce staff maintenance and
capital costs, and provide an opportunity for an interest group to help themselves. The Cons
were: as a lease facility it is controlled by the lessee and would restrict the use of the facility by
others during the term of the lease and conflict resolution may be required.
Grand Island Council Session - 3/26/2012 Page 73 / 183
Page 3, City Council Study Session, March 20, 2012
Discussion was held regarding the use of this field by other teams. Mr. Paustian stated he
checked with other groups and they did not have a problem with leasing this field. Comments
were made concerning setting precedence for other facilities to be leased.
Tino Martinez, 4183 Indianhead Road representing G. I. Riverdogs Baseball answered questions
regarding the number of games played each season.
Mr. Paustian stated with Council approval an RFP would be issued to allow other groups the
opportunity to lease this field. Improvements would be required in the RFP. Removing the Webb
Road ball fields were mentioned with regards to the use of this property. Mr. Paustian stated
there was plenty of room at the Veterans Athletic Field Complex for expansion of more fields.
Parking concerns were mentioned at the Ashton and Oak Streets location.
Monte Hehnke, 4019 Norseman Avenue commented on the G. I. Riverdogs Baseball team who
were 14 years and older. Practice was two to three times a week with games on week-ends.
Update Concerning Lincoln Swimming Pool Construction. Parks and Recreation Director Steve
Paustian reported that council authorized the construction of a new swimming pool to replace the
existing pool at Lincoln Park. JEO Consulting was hired to develop the design and construction
documents of the new swimming pool. A PowerPoint was presented updating the Council with
regards to the progress of the project.
A 165 linear foot flume slide, 25 foot tall was planned. A one of a kind ladder with platform for
the 3 meter diving stand and shade shelter were presented along with pictures of the exterior
elevation. An early August construction was planned.
Discussion was held regarding the use of the old pool area. Mr. Paustian stated as of right now
there were no plans for this area. The school may have a need for this area.
Update Concerning Park and Recreation Department Financials. Parks and Recreation Director
Steve Paustian reported that Council had requested a financial update on all Park and Recreation
Department facilities and programming. A PowerPoint was given with actual 2011 financials and
the 2012 adopted budget.
The following Parks & Recreation Department Inventory was given:
5 – Lakes – 94 acres 32 – Parks and mini parks – 382 acres
Trails – 17 miles 18 – Tennis courts – indoor and outdoor
Soccer Fields – 20 acres 4 – Wading pools
23 – Ball diamonds 1 – Neighborhood pool
16 – Flower beds 1 – Water Park
42 – Playgrounds 1 – Shooting Park – 417 acres
1 – Skate Park 1 – Golf Course – 175 acres
1 – Cemetery – 80 acres 1 - Fieldhouse
Financials for each division were presented. All divisions, except the Golf Course were
supported by General Funds.
Grand Island Council Session - 3/26/2012 Page 74 / 183
Page 4, City Council Study Session, March 20, 2012
Discussion was held regarding the City owned cemetery and other cemeteries in the City. The
cemetery trust fund was mentioned. Mr. Paustian stated the maintenance of the cemetery would
always have to be subsidized because the fees received over the years do not cover today’s
expenses.
Comments were made regarding a policy for subsidizing the Parks programs in the next budget.
The Community Fieldhouse was complimented on the activities provided. A suggestion was
made regarding advertising at the Heartland Public Shooting Park.
Mayor Vavricek commented on the number of recreation opportunities throughout the City
which brings people in from outside Grand Island.
ADJOURNMENT: The meeting was adjourned at 9:15 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/26/2012 Page 75 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G3
#2012-73 - Approving Amendment to the Redevelopment Plan for
CRA Area #1 Located in East Grand Island at the Existing Lincoln
Park, North of 7th Street and East of Beal Street
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 76 / 183
R E S O L U T I O N 2012-73
MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, APPROVING A
PLAN/MODIFICATION ENTITLED “PLAN MODIFICATION
FOR CRA AREA #1 (LINCOLN PARK SWIMMING POOL).
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA AS FOLLOWS:
Section 1. The Mayor and Council of the City of Grand Island, Nebraska, (the “City”)
hereby find and determine: (a) that pursuant to the provisions of Sections 18-2101 to 18-2144,
R.R.S. Neb. 2007, as amended (the “Community Development Law”), the Mayor and City
Council have declared as substandard and blighted that area described in Resolution No. 2000-
388 of the Mayor and Council passed and approved on December 19, 2000 (“CRA Area #1”);
(b) that pursuant to Ordinance No. 8021, the Community Redevelopment Authority of the City
of Grand Island (the “CRA”) has been organized and exists and exercises the powers of a
community redevelopment authority under the Community Development Law; (c) that a general
redevelopment plan (the “Original Plan”) for all or a portion of CRA Area #1 was adopted by
the CRA on November 21, 1995 and approved by the Mayor and Council of the City on
December 18, 1995, all under prior existing provisions of the Community Development Law and
a prior adopted declaration as to blight and substandard conditions; (c) that the staff of the CRA
has prepared a redevelopment plan entitled “Plan Modification for CRA Area #1 (Lincoln Park
Swimming Pool) (the “Plan/Modification”) to provide for a project for the renovation and
redevelopment of CRA Area #1 by the construction of a replacement swimming pool for Lincoln
Park and such Plan/Modification represents a modification of the Original Plan and also a
separate redevelopment plan to be considered for adoption under the current provisions of the
Community Development Law; and (d) that the Plan/Modification was referred and submitted to
the Hall County Regional Planning Commission (the “Planning Commission”), for review and
recommendations and the Planning Commission has approved the Plan/Modification without
recommendation for changes from the form submitted.
Section 2. The Mayor and Council hereby further find and determine that the CRA has
recommended the Plan/Modification and in making such recommendation considered 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 City’s 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,
Grand Island Council Session - 3/26/2012 Page 77 / 183
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 3. The Mayor and Council further find and determine (a) that no cost-benefit
analysis has been prepared pursuant to the guidelines set forth in Section 18-2113 of the
Community Development Law, because under the terms of the Plan/Modification, there are not
to be any revenues set aside as provided under the terms of Section 18-2147, R.S. Supp., 2011,
(“Section 18-2147”) and (b) that because all redevelopment project improvements contemplated
by the Plan/Modification are to occur on public park property owned by the City, there is to be
no taking of title to real estate by the CRA in connection with the Plan/Modification, no requests
for redevelopment contract proposals or notice with respect to any such proposals are required
under the terms of Section 18-2119 of the Community Development Law.
Section 4. The Mayor and Council further find and determine that the CRA has
recommended that the Mayor and Council approve and adopt the Plan/Modification. In
connection with such recommendation, the CRA reported to the Mayor and Council (a) the
proposed method and estimated cost of the acquisition and preparation for redevelopment and
the estimated proceeds or revenue from disposal of property to redevelopers, if any; (b) a
statement of the proposed method of financing for the redevelopment project as set forth in the
Plan/Modification and (c) further that there will be no families displaced under the terms of the
Plan/Modification.
Section 5. The Mayor and Council further find and determine (a) that there are no
registered neighborhood associations whose area of representation is located in whole or in part
within a one-mile radius of the area to be redeveloped as described in the Plan/Modification; (b)
that the Plan/Modification does not provide for any use of funds authorized by Section 18-2147
and therefore does not directly affect any county, school district, community college, educational
service unit or natural resources district; and (c) that a public hearing was held, after notice of
such public hearing was provided as required in Section 18-2115 of the Community
Development Law, whereby all persons desiring to be heard as to whether the Plan/Modification
should be approved have been heard.
Section 6. Based upon the recommendation of the CRA and analysis and review of the
Plan/Modification, the Mayor and Council hereby find (a) that the Plan/Modification is feasible
and in conformity with the general plan for the development of the City as a whole and (c) the
Plan/Modification is in conformity with the legislative declarations and determinations set forth
in the Community Development Law.
Section 7. The Mayor and Council hereby approve and adopt the Plan/Modification.
- - -
Grand Island Council Session - 3/26/2012 Page 78 / 183
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 79 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G4
#2012-74 - Approving Adoption of a Blight Study for CRA Blight
and Substandard Area #8
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 80 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-74
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, the Community Redevelopment Authority for the City of Grand
Island caused to be prepared a Blight/Substandard Study for an area located south of Anna
Street along Adams Street and north of Fonner Park Road and east of Lincoln Avenue, referred
to as Area No. 8; and
WHEREAS, Olsson Associates along with Marvin Planning Consultants and Ken
Bunger completed such Blight/Substandard Study and has determined that the area should be
declared as substandard or blighted areas in need of redevelopment; and
WHEREAS, the study was presented to the Community Redevelopment
Authority at its February 15, 2012 meeting; and
WHEREAS, on February 15, 2012, the Grand Island Community Redevelopment
Authority accepted a Blight/Substandard Study for Redevelopment Area No. 8 as prepared by
Olsson Associates; and
WHEREAS, the Regional Planning Commission held a public hearing and
recommended approval of such study at its March 7, 2012 meeting; and
WHEREAS, a public hearing was held on March 26, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight/Substandard Study for
Redevelopment Area No. 8 as identified above is hereby approved, and those areas identified in
said study are declared to be blighted and substandard and in need of redevelopment as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
___________________________
Jay Vavricek, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 81 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G5
#2012-75 - Approving Generalized Redevelopment Plan for CRA
Blight and Substandard Area #8
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 82 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-75
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has declared Redevelopment Area No. 8 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 accepted 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; and
WHEREAS, the plan as presented to the City authorizes projects for public
improvements to utility, drainage and transportation infrastructure; 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 adopt the Redevelopment Plan.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 8 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 is in conformity with the legislative declarations and
determinations set forth in the Act.
2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, and the Authority
is hereby directed to implement the Redevelopment Plan in accordance with the Act.
3.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
Grand Island Council Session - 3/26/2012 Page 83 / 183
- 2 -
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, March 26, 2012.
____________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 84 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G6
#2012-76 - Approving a Six Month Agreement for Five City Hall
Copiers Maintenance & Supplies with Capital Business Systems
Inc./Modern Methods
Staff Contact: Jaye Monter
Grand Island Council Session - 3/26/2012 Page 85 / 183
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:March 26, 2012
Subject:Approving Six Month Agreement for Five City Hall
Copiers Maintenance & Supplies with Capital Business
Systems Inc./Modern Methods
Item #’s:G-6
Presenter(s):Jaye Monter, Finance Director
Background
On February 27, 2007, Council approved a 36 month Lease Agreement with Modern
Methods for five Copier/Printer/Scanners in City Hall for $48,792.00 with a $1 buyout at
the end of the term. In addition, the City paid a per copy/print cost which amounted to
approximately $10,000 per year for a total of $78,792.00 for the three year period.
In 2010 and 2011, The City of Grand Island opted to retain the existing copiers and
purchased consecutive one year Maintenance Agreements paying only a per copy/print
cost per month. The 2011-58 resolution maintenance agreement will end on 4/10/12.
With one month remaining the one year agreement has amounted to $8463.31. The
agreement included $.008904 per copy/print for the (4) LANIER model LD345 (Suite)
black copiers and $.006572 for black copies and $.0583 color copies for the LANIER
LD160C Color copier in the Mailroom.
Discussion
Current usage counts and lifetime expectancy of each copier, has been deemed adequate
to renew a six month Maintenance Agreement with Capital Business Systems
Inc./Modern Methods for all machines instead of another twelve month agreement. Costs
per copy do not differ for six or twelve months. During this six month period Finance
will determine if any of the five Copier/Printer/Scanner machines need to be replaced and
if so timing and dollars will coinside with consideration in the 2013 budget.
The Agreement states that we agree to pay $.00979 per copy/print for the (4) LANIER
model LD345 (Suite) copiers and $.00723 black and $.06413 color copy for the LANIER
LD160C Color copier in the Mailroom. The Maintenance Agreement covers all parts,
labor, and supplies (excluding paper and staples).
Grand Island Council Session - 3/26/2012 Page 86 / 183
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the six month Maintenance Agreements with Capital Business
Systems Inc./Modern Methods.
2.Request Bids to replace Copiers in City Hall
Recommendation
City Administration recommends that the Council approve the six month Maintenance
Agreement with Capital Business Systems Inc./Modern Methods for Cost per copy/print
of: $.00979 for model LANIER LD345SP & the cost per copy/print of $.00723 B/W;
$.06413 /COLOR.
Sample Motion
Move to approve the six month Maintenance Agreement with Capital Business Systems
Inc./Modern Methods.
Grand Island Council Session - 3/26/2012 Page 87 / 183
Grand Island Council Session - 3/26/2012 Page 88 / 183
Grand Island Council Session - 3/26/2012 Page 89 / 183
Grand Island Council Session - 3/26/2012 Page 90 / 183
Grand Island Council Session - 3/26/2012 Page 91 / 183
Grand Island Council Session - 3/26/2012 Page 92 / 183
Grand Island Council Session - 3/26/2012 Page 93 / 183
Grand Island Council Session - 3/26/2012 Page 94 / 183
Grand Island Council Session - 3/26/2012 Page 95 / 183
Grand Island Council Session - 3/26/2012 Page 96 / 183
Grand Island Council Session - 3/26/2012 Page 97 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-76
WHEREAS, on February 27, 2007, by Resolution 2007-50, the City of Grand Island
entered into a three year lease for the use of copy machines within City Hall; and
WHEREAS, on March 9, 2010 by Resolution 2010-70 the City of Grand Island
opted to buy the copiers for $1.00, and entered into a one year Maintenance agreement for the five
copy machines agreeing to pay per copy/print costs at a Cost per Copy of: $.0084 for model
LANIER LD345. The cost for model LANIER LD160C agreed upon per copy/print is $.0062 B/W
and $.055 COLOR for twelve months The Maintenance Agreement covered all parts, labor, and
supplies (excluding paper and staples); and
WHEREAS, on March 11, 2011 by Resolution 2011-58 the City of Grand Island entered into a one
year Maintenance agreement for the five copy machines agreeing to pay per copy/print costs at a
Cost per Copy of: $.008904 for model LANIER LD345. The cost for model LANIER LD160C
agreed upon per copy/print is $.006572 B/W and $.0583 COLOR. The Maintenance Agreement
covered all parts, labor, and supplies (excluding paper and staples); and
WHEREAS, it has been deemed adequate to renew the Maintenance agreement for a period
of six months; which states that we agree to pay per copy/print costs of: $.00979 for model LANIER
LD345. The cost for model LANIER LD160C per copy/print is $.00723 B/W and $.06413 COLOR.
The Maintenance Agreement from April 11, 2012 thru October 11, 2012, covers all parts, labor, and
supplies (excluding paper and staples); and
WHEREAS, the proposed agreements have been reviewed and approved by the City
Attorney’s office;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the six month Maintenance agreement as
stated above by and between the City and Capital Business Systems, Inc./Modern Methods, is hereby
approved.
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, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 98 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G7
#2012-77 - Approving Bid Award - Continuous Emissions
Monitoring Systems (CEMS) at Platte Generating Station
Staff Contact: Tim Luchsinger
Grand Island Council Session - 3/26/2012 Page 99 / 183
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney
Meeting Date:March 26, 2012
Subject:Continuous Emissions Monitoring System (CEMS)
Item #’s:G-7
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Environmental Protection Agency (EPA) published a new regulation for power plant
air emissions on July 7, 2011, the Cross State Air Pollution Rule (CSAPR), which was to
replace the current Clean Air Interstate Rule on January 1, 2012. The CSAPR has
lowered the annual amount of nitrous oxides (NOx) emissions that can be released as a
result of the combustion process in the plant boiler, and this lower amount becomes the
limiting constraint on the generating output of the Platte Generating Station, about 45%
of its maximum capacity. This loss in generating capacity must be replaced by higher
cost options of purchasing power from the regional market or using the gas-fueled
facilities at Burdick Station.
To meet the requirements of the new rule, the plant engineering staff researched methods
to reduce the amount of NOx released from the boiler, including plant equipment
modifications and chemical additions. Installing new low NOx burners with separate
over-fire air ducts to lower the NOx emission rate from the unit was evaluated to be the
long-term solution to allow full operating capacity for the plant.
Specifications for the Low NOx Conversion Burners with separate over-fire air ducts
were developed by plant staff and issued for bid in accordance with the City Purchasing
Code. These specifications include furnishing and installing all of the combustion system
components necessary to lower the NOx emissions from the Platte boiler to a rate of 0.14
lbs./mmBtu, or about one-fourth of its current permitted rate. These specifications also
include computer modeling for design of the new burners and final compliance testing
and tuning.
Council awarded the contract for Low NOx Conversion Burners to Babcock Power
Services, Inc., of Lees Summit, Missouri, in the amount of $3,251,444.00 on December
Grand Island Council Session - 3/26/2012 Page 100 / 183
6, 2011. Although a federal appeals court stayed the CSAPR pending hearing scheduled
for April, 2012, Utilities management opted to continue with the project, and the system
is planned to be installed during a plant maintenance outage in the last quarter of 2012.
The installation of new low NOx burners is expected to result in an increase in the
potential carbon monoxide (CO) emissions from the unit, therefore, the Nebraska
Department of Environmental Quality has indicated that they will require the installation
of a continuous emissions monitoring system for CO.
Discussion
The specifications for the Continuous Emissions Monitoring System (CEMS) were
advertised and issued for bid in accordance with the City Purchasing Code. Bids were
publicly opened on March 13, 2012. Specifications were sent to four potential bidders
and responses were received as listed below. The engineer’s estimate for this project was
$60,000.00.
Bidder Bid Price
Monitoring Solutions, Exton, PA $ 55,775.00
Altech Environmental USA, Geneva, IL $ 90,969.00
Sick, Inc., Bloomington, MN $ 91,271.00
AC Systems Integration, Inc., Tulsa, OK $ 102,874.00
STI Cems Services, Waldron, AR $ 114,930.00
The bids and exceptions were reviewed by plant engineering staff. In order to comply
with specification requirements and ensure comparability with the other bidders, the
Monitoring Solutions bid of $51,400.00 was adjusted to include sales tax, for an adjusted
bid price of $55,775.00. The bid from Monitoring Solutions was found to be otherwise
compliant with the specification, less than the engineer’s estimate, and exceptions
regarding scheduling were reviewed and are acceptable.
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.
Grand Island Council Session - 3/26/2012 Page 101 / 183
Recommendation
City Administration recommends that the Council award the Contract for Continuous
Emissions Monitoring System (CEMS) to Monitoring Solutions of Exton, PA, as the low
responsive bidder, in the amount of $55,775.00.
Sample Motion
Move to approve the bid from Monitoring Solutions in the amount of $55,775.00 for the
Continuous Emissions Monitoring System (CEMS) at Platte Generating Station.
Grand Island Council Session - 3/26/2012 Page 102 / 183
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 13, 2012 at 2:00 p.m.
FOR:Continuous Emissions Monitoring System (CEMS)
DEPARTMENT:Utilities
ESTIMATE:$60,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:February 29, 2012
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Altech Environment USA Monitoring Solutions
Geneva, IL Exton, PA
Bid Security:Fidelity & Deposit Co.$3,000.00
Exceptions:None Noted
Bid Price:
Material:$48,523.00 $51,400.00
Labor:$42,446.00 ----
Sales Tax: ---__ ----___
Total Bid:$90,969.00 $51,400.00
Bidder:AC Systems Integration, Inc.Sick, Inc.
Tulsa, OK Bloomington, MN
Bid Security:Granite Rex, Inc.$9,000.00
Exceptions:Noted Noted
Bid Price:
Material:$72,903.00 $70,980.00
Labor:$25,068.00 $18,220.00
Sales Tax:$ 4,903.00 $ 5,971.00
Total Bid:$102,874.00 $91,271.00
Bidder:STI Cems ServicesGrand Island Council Session - 3/26/2012 Page 103 / 183
Waldron, AR
Bid Security:$5,746.50
Exceptions:None
Bid Price:
Material:$95,855.00
Labor:$19,075.00
Sales Tax: ---___
Total Bid:$114,930.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Emily Muth, PGS
Karen Nagel, Utilities Secretary
P1542
Grand Island Council Session - 3/26/2012 Page 104 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-77
WHEREAS, the City of Grand Island invited sealed bids for Continuous
Emissions Monitoring System (CEMS), according to plans and specifications on file with the
Utilities Department; and
WHEREAS, on March 13, 2012, bids were received, opened and reviewed; and
WHEREAS, Monitoring Solutions of Exton, PA, submitted a bid in accordance
with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $55,775.00; and
WHEREAS, the bid of Monitoring Solutions is less than the estimate for the
Continuous Emissions Monitoring System (CEMS).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Monitoring Solutions in the
amount of $55,775.00 for Continuous Emissions Monitoring System is hereby approved as the
lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 105 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G8
#2012-78 - Approving Kiewit Power Engineers for the Air Quality
Control System Engineering Services at Platte Generating Station
Staff Contact: Tim Luchsinger
Grand Island Council Session - 3/26/2012 Page 106 / 183
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:March 26, 2012
Subject:Air Quality Control System Engineering Services at PGS
Item #’s:G-8
Presenter(s):Timothy Luchsinger, Utilities Director
Background
On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS),
requiring the maximum achievable control technology for mercury and other hazardous
pollutants from electric generating units. The final rule details will be published by
March, 2012, with a compliance date of March, 2015, although an additional one year for
compliance may be granted by individual states. This rule is independent from the
CSAPR proceedings.
To achieve long-term compliance for MATS, it is anticipated that GIUD will need to
install a fabric filter, carbon injection system, and, depending on the amount of reduction
needed, either a dry sorbent injection or a dry scrubber at Platte Generating Station, along
with associated by-product removal systems and disposal sites, in the next three to four
years. It is estimated that these modifications will cost the utility approximately $35
Million and take 3 to 5 years for financing, design, and construction. Although this
equipment will result in additional operating costs that may affect rates, the City has
proceeded with refinancing of current electric bonds to avoid rate impacts due to debt
service and capital expenditures. Current plans are to complete this installation during the
last quarter of 2014 to coincide with a scheduled plant maintenance outage. This will
provide a margin for the implementation of the system and minimize plant downtime.
For large capital improvement projects of this type, the Department has traditionally used
the Design-Build approach, where proposals are solicited for a consulting engineer, who
then proceeds with detailed design and developing multiple specifications for bids to
acquire equipment and contractors to complete the project. This type of approach can
achieve more control of the details of the project, but can also take more time to complete
and final project costs are not known until the final contract is awarded. A project
approach being used more by utilities for capital projects is the Engineer-Procure-
Grand Island Council Session - 3/26/2012 Page 107 / 183
Construct (EPC) method. Specifications are developed emphasizing final system
performance and operating parameters instead of technical features, and consortiums of
engineers, suppliers, and construction contractors then team together to provide bids for a
total system package. The project is awarded to the lowest compliant bid, normally with
provisions of penalties for not meeting guarantees or incentives for exceeding
requirements. The EPC approach is recommended by the Department for the air emission
control equipment project as we do not have a preference for the various air emission
control technologies, and this method will allow for the market to determine the most
cost effective and timely implementation. Project costs will also be known early and
enable financing methods to be determined to minimize rate impacts to customers.
Utilities and other entities performing EPC projects normally retain the services of an
Owner’s Engineer to develop the EPC specifications and provide third party project
administrative functions. Utilities staff drafted project requirements for an Owner’s
Engineer and solicited proposals in accordance with City procurement procedures. The
services for the Owner’s Engineer included the following.
A high level determination of emission reduction limits and system components.
Preparation of specifications for bids.
Evaluation of bids.
Financial analysis and preparation of pro-formas for bond underwriters.
Assistance in air emission permitting with EPA and NDEQ.
Final system testing and determination of compliance with contract conditions.
Discussion
Requests for Proposals were advertised and proposal packages were received by the
following.
Kiewit Power Engineers, Lenexa, KS
Lutz, Daily, & Brain, Overland Park, KS
Stanley Consultants, Muscatine, IA
HDR, Omaha, NE
Sargent & Lundy, Chicago, IL
Department management and engineering staff review the proposals based on factors of
experience, qualifications, and costs as defined in the RFP. Respondents were required to
provide not-to-exceed pricing for each task, with payments made on actual costs up to
that amount. Proposals were also to be based on a system requiring dry sorbent
technology, with an optional price of a dry scrubber is determined to be needed, as a dry
scrubber will require more extensive specification and contract compliance evaluation.
One condition included in the RFP was that the Owner’s Engineer would not be allowed
to be part of the EPC consortium. Some engineering firms declined to submit proposals
as their preference was to be included in the EPC solicitation; some indicated that they
would pursue EPC roles if not selected as the Owner’s Engineer. The review team’s
Grand Island Council Session - 3/26/2012 Page 108 / 183
consensus recommendation is to award the Owner’s Engineer contract to Kiewit Power
Engineers for a base not-to-exceed cost of $349,040.00 for a dry sorbent system and an
additional not-to-exceed cost of $82,992.00 ($432,032.00), if a dry scrubber is required.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the contract for Air Quality
Control System Engineering Services at Platte Generating Station to Kiewit Power
Engineers of Lenexa, Kansas with a total not to exceed cost in the amount of $349,040.00
for a dry sorbent system and an additional not-to-exceed cost of $82,992.00
($432,032.00), if a dry scrubber is required.
Sample Motion
Move to approve the contract for Air Quality Control System Engineering Services at
Platte Generating Station to Kiewit Power Engineers with a total not to exceed cost in the
amount of $349,040.00 for a dry sorbent system and an additional not-to-exceed cost of
$82,992.00 ($432,032.00), if a dry scrubber is required.
Grand Island Council Session - 3/26/2012 Page 109 / 183
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
AIR QUALITY CONTROL SYSTEM ENGINEERING SERVICES
RFP DUE DATE:March 13, 2012 at 4:15 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:February 16, 2012
NO. POTENTIAL BIDDERS:3
SUMMARY OF PROPOSALS RECEIVED
Stanley Consultants, Inc.Sargent & Lundy
Muscatine, IA Chicago, IL
Lutz, Daily & Brain, LLC Kiewit Power Engineers Co.
Overland Park, KS Lenexa, KS
HDR
Omaha, NE
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Mary Lou Brown, City Administrator Pat Gericke, Assist. Utilities Admin.
Jaye, Monter, Finance Director Jason Eley, Purchasing Agent
P1536
Grand Island Council Session - 3/26/2012 Page 110 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-78
WHEREAS, the City of Grand Island requested proposals for Engineering
Services for the Air Quality Control System at Platte Generating Station, according to plans and
specifications on file with the Utilities Department; and
WHEREAS, on March 13, 2012, proposals were received, opened and reviewed;
and
WHEREAS, Kiewit Power Engineers of Lenexa, Kansas, submitted a proposal in
accordance with the terms of the advertisement for proposals and plans and specifications and all
other statutory requirements contained therein, such proposal being in the amount of
$349,040.00 for a dry sorbent system and an additional not-to-exceed cost of $82,992.00
($432,032.00), if a dry scrubber is required.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Kiewit Power
Engineers of Lenexa, Kansas in the amount of $349,040.00 for a dry sorbent system and an
additional not-to-exceed cost of $82,992.00 ($432,032.00), if a dry scrubber is required for
Engineering Services for the Air Quality Control System at Platte Generating Station is hereby
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 111 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G9
#2012-79 - Approving Supplemental Agreement No. 1 with NDOR
and Olsson Associates for Engineering Consulting Services Related
to Grand Island Resurfacing - Various Locations
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2012 Page 112 / 183
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:March 26, 2012
Subject:Approving Supplemental Agreement No. 1with NDOR
and Olsson Associates for Engineering Consulting
Services Related to Grand Island Resurfacing - Various
Locations
Item #’s:G-9
Presenter(s):John Collins, Public Works Director
Background
All agreements must be approved by the City Council.
The City and the Nebraska Department of Roads (NDOR) entered into an agreement,
which was executed by the City on May 24, 2011 by Resolution No. 2011-125. This
agreement specifies the various duties and funding responsibilities of this Federal-Aid
project. The agreement requires that NDOR Standards and Specifications are to be used
for design, construction inspection and quality control.
On September 27, 2011, by Resolution No. 2011-278 the City entered into an agreement
with Olsson Associates for engineering consulting services for the Grand Island
Resurfacing – Various Locations project. The work was to be performed at actual costs
with a maximum amount of $169,712.83, plus a fixed-fee-for-profit amount of
$21,274.82, for a total agreement amount of $190,987.65. The fixed-fee is computed
upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and
direct payroll additives.
Discussion
The original agreement with Olsson Associates and the City is now being supplemented
to allow for the following additional services.
Right-of-Way (ROW) design services
Coordination with Union Pacific Railroad (UPRR)
Design for full depth replacement at determined locations
Seeking of Design Standards Relaxation.
Grand Island Council Session - 3/26/2012 Page 113 / 183
During negotiation of the original agreement with Olsson Associates, it was not feasible
to determine the extent of easement acquisition needed for reconstruction of sidewalk
curb ramps to be in compliance with Americans with Disabilities Act (ADA) standards.
Preliminary design has progressed sufficiently that the number and sizes of easements
required is now known.
When the original scope of services was developed, it was anticipated that resurfacing
work would not occur within 25’ of the UPRR tracks on Broadwell Avenue. It was
recently determined that it will be necessary to perform resurfacing work within 25’ of
the tracks, and therefore agreements with UPRR must be executed and special provisions
drafted to require the contractor to meet railroad requirements.
Olsson Associates conducted analysis of the existing pavement and subgrade to
determine if resurfacing would be sufficient to achieve adequate pavement performance.
It was determined that pavement on the southern 300’ of the Independence Avenue
location, Walnut Street to Wheeler Avenue on First Street, and Pine Street to Sycamore
Street on First Street will need to be replaced entirely.
On streets that do not have curb and gutter, the minimum design standards as per the
Rules and Regulations of the Board of Public Roads Classifications and Standards require
construction of 8’ wide shoulders. On the Independence Road, South Blaine Street and
North Road sections, there is not sufficient right of way to meet this standard; therefore
Olsson Associates will seek a design relaxation.
The original agreement is amended and the fixed-fee-for-profit is increased from
$21,274.82 to $24,072.82, an increase of $2,798.00. Actual costs are increased from
$169,712.83 to $199,201.83, an increase of $29,489.00. The total agreement amount is
increased from $190,987.65 to $223,274.65, an increase of $32,287.00 which the
Consultant must not exceed without the prior written approval of the LPA. The City’s
estimated share will increase from $38,197.53 to $44,654.93, an increase of $6,457.40.
Olsson Associates is currently seeking environmental clearance and developing plans and
specifications. Construction is scheduled to start in the fall of 2013.
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
Grand Island Council Session - 3/26/2012 Page 114 / 183
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign the Supplemental Agreement No. 1.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 3/26/2012 Page 115 / 183
Grand Island Council Session - 3/26/2012 Page 116 / 183
Grand Island Council Session - 3/26/2012 Page 117 / 183
Grand Island Council Session - 3/26/2012 Page 118 / 183
Grand Island Council Session - 3/26/2012 Page 119 / 183
Stuhr Rd S13th St WNorth Rd NLocust St SWebb Rd NBlaine St SCapital Ave W
Diers Ave NState St W St Paul RdEngleman Rd N3 rd S t WBroadwell Ave NAirport Rd E
Oak
St NCapital Ave E
Airport Rd W
4 th S t E
North Rd SUS Highway 281 SCuster Ave NA n n a S t W
U S H ig hw ay 30 W
J o h n S t W Sky Park Rd1 s t S t W El
m St NK o e n ig S t W
L o u is e S t WEd
d
y St NOld Potash Hwy W
Webb Rd S7 th S t E
Pi
ne St ND iv is io n S t W
7 t h S t W
Husker Hwy
C h a rle s S t W
O ld H igh w a y 30 W
9 th S t W
Faidley Ave W Syc
amo
r
e St N6 th S t W
North Front St W
8 th S t W Wal
nut St NVi
ne St NAdams St SWheel
er Ave NCl
ar
k
St N4th St W
5th St W
Bismark Rd E
College St Park Ave N2 n d S t W
US Highway 34 W Ch
e
rr
y
St SNebraska Highway 2 W
Redwood RdForrest St
Old Highway 2 W
Cottage St
Huston Ave NIndependence AveVine St SAr
t
h
u
r
St SCl
ar
k
St SClaude Rd5 t h S t E
Oak St SKi
mb
all Ave NUS Highway 281 N
US Highway 34 E
Stolley Park Rd W
Stagecoach Rd
James RdKennedy DrEngleman Rd SBeal St
Allen DrPioneer BlvdLariat Ln
U S Hi g h way 3 0 E
Bass Rd
Stolley Park Rd EHancock AveMidaro Dr
Fonner Park Rd EElm St SWhite AveSylvan StGrand Island Ave N11th St W 1 0 th S t WNorthwest AveMansfield RdGr
ant St SStauss Rd
Blake St Geddes StLafayette Ave NHarrison St SPark Dr
August St STalc DrRiverside DrSouth St W
Mason Ave
S o u th F ro n t S t W
Til
den St SChurch Rd
Dodge St
W e s tg a te R d
1 s t S t E
Manchester Rd Macron StTrust St Gold RdEddy St SJay StRainbow RdJan StApache RdHagge Ave
2 n d S t E
Hall St
K e n t A ve
3 r d S t E
Farmstead RdCe
d
ar St N20th St E
South St E
Ada StShanna St
Howard Ave N12th St E
14th St E
Taft Av
eRoush Ln
Li
ncol
n Av
e SPonderosa DrLillie Dr
Cannon Rd
Arapahoe AveSchroeder Ave8 t h S t EIdaho AveCarleton AveSagewood AveDriftwood Dr
Wort
man DrCraig Dr
Brentwood BlvdPiper StKay Ave
Edna Dr
Riverview DrGeorge St
Sandalwood Dr
Oriole St
17th St W
India nhe ad D rDel Mar AveCherokee Ave NLamar Ave Pine St S11th St E
Graham AveMary Ln Kimball Ave SEbony Ln18th St E
Spur Ln
Cottonwood RdBl
ai
ne St NAllen Ave
Ruby AveSycamore St SEwoldt Rd
Roth Rd
Ramada RdArrowhead RdY u n d S tMeadow RdA r c h A v e Kruse AveBellwood DrReed Rd
I
ngall
s StO Flannagan StGateway AveWaugh St W
West
LnReuting Rd Plum St SBrahma StFrontage Rd
Lake St
2 1 s t S t E
Norwood Dr
Angel LnSunset Ave EWillow StSandra Rd
Old Lincoln Hwy W
Garland StFonner Park Rd W
Cochin StSt Patrick AveHampton Rd Madi
son St NMemorial Park RdOrleans DrKaufman AveIndianhead Rd Holland DrNordic Rd
Marian Rd
Elmwood Dr Capital Trailer CtLee StreetFreedom DrWicklow Dr18th St W
Enterprise Ave Cl
ebur
n St NIndian Grass Rd Johnson DrS o u th F ro n t S t E
Commanche AveSothman DrOxnard Ave
Eilenstine Rd ERoberts St E
Phoenix Ave EAspen CirNorseman Ave
Windridge AveOverland DrWilliam St2 3 r d S t W
Oklahoma Ave EUPRR Dri
v
eAster Dr
Lakeview CirChant
ill
y St
Greenwood Dr
Augusta Parkway Doreen StMabel DrIsland Cir Vi
a Tri
voli
Catfish AveLaura AveWeis DrHillside DrArt
h
ur St N1 s t S t W
Engleman Rd SUS Highway 281 NHusker Hwy
Hall St Hall St
North Rd SAda St5 th S t W
Norseman AveIdaho AveUS Highway 281 SSunset Ave E
4 t h S t W
10th St W
6th St WUS Highway 281 NStolley Park Rd W
11 t h S t W
PUBLIC WORKS DEPARTMENT
FEDERAL AID PROJECTS
BLAINE ST. - Garland to Stolley Park Rd
BLAINE ST. - Stolley Park Rd to Bike Trail
1st ST - Walnut to Sycamore
NORTH ROAD - 13th to State
INDEPENDENCE AVE. - Capital Ave to Neb. Hwy #2
BROADWELL AVE. - 2nd to State
BROADWELL AVE. - Anna to 2nd
£
PLOT 01-25-2011-----FED- Aid-Overlay-2013.mxd
Grand Island Council Session - 3/26/2012 Page 120 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-79
WHEREAS, on May 24, 2011, by Resolution No. 2011-125 the Grand Island City
Council approved entering into an agreement with the Nebraska Department of Roads for the
Grand Island Resurfacing – Various Locations project to specify the various duties and funding
responsibilities of this Federal-Aid project.; and
WHEREAS, on September 27, 2011, by Resolution No. 2011-278 the Grand
Island City Council approved entering into an agreement with Olsson Associates for engineering
consulting services for such project; and
WHEREAS, the work was to be performed at actual costs with a maximum
amount of $169,712.83, plus a fixed-fee-for-profit amount of $21,274.82, for a total agreement
amount of $190,987.65, and
WHEREAS, the original agreement is now being supplemented to allow for
additional Right-of-Way (ROW) and design services, which were not contemplated in the
original agreement; and
WHEREAS, the original agreement is amended and the fixed-fee-for-profit is
increased from $21,274.82 to $24,072.82, an increase of 2,798.00. Actual costs are increased
from $169,712.83 to $199,201.83, an increase of $29,489.00. The total agreement amount is
increased from $190,987.65 to $223,274.65, an increase of $32,287.00; and
WHEREAS, the City’s share for preliminary engineering, right-of-way, utilities
and construction engineering costs for this project are estimated to be $44,654.93; and
WHEREAS, Supplemental Agreement No. 1 to the original agreement with
Olsson Associates is required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 1 with
Olsson Associates for engineering consulting services related to Grand Island Resurfacing –
Various Locations is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Grand Island Council Session - 3/26/2012 Page 121 / 183
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 122 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G10
#2012-80 - Approving Change Order No. 3 for Grand Island Quiet
Zone Project No. 2012-QZ-1
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2012 Page 123 / 183
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:March 26, 2012
Subject:Approving Change Order No. 3 for Grand Island Quiet
Zone Project No. 2012-QZ-1
Item #’s:G-10
Presenter(s):John Collins, Public Works Director
Background
The Diamond Engineering Company of Grand Island, Nebraska was awarded a
$247,718.25 contract by the City Council on September 13, 2011 for the Grand Island
Quiet Zone; Project No. 2012-QZ-1.
Change Order No. 1, for incorporating Union Pacific Railroad Special Provisions for City
of Grand Island Projects into the contract, was approved by the City Council October 11,
2011. Change Order No. 1 was a “no cost” change order.
Change Order No. 2, for incorporating requirements as per the Wireline Crossing
Agreements for the Wayside Horn System at Walnut Street into the contract, was
approved by the City Council November 8, 2011. Change Order No. 2 was a “no cost”
change order.
Discussion
As per the Contract Special Provisions, the Contractor was to supply U-channel sign
posts at specified lengths to be mounted on ground sleeves. A ground sleeve is a
breakaway device that is installed into the ground, which a sign post is attached to, and
allows for a damaged sign post to be replaced without requiring installing a new post into
the ground. The City of Lincoln uses these in several locations.
The Streets Division does not have an inventory of ground sleeves in the event any would
need replaced. The contract items “U Channel Sign Post” and “Ground Sleeve” were
eliminated, and the Contractor was directed to install sign posts furnished by the Streets
Division at locations as required in the plans.
Grand Island Council Session - 3/26/2012 Page 124 / 183
The item “Install Post” is being added to the contract to provide compensation for
installing sign posts at locations as per the plans and as directed. The agreed unit price for
“Install Post” compares to 56% of the January 1, 2009 through December 31, 2009
Nebraska Department of Roads Average Unit Prices of the similar item “Install Sign and
Post.” The contract quantities of the items “U Channel Sign Post” and “Ground Sleeve”
are being reduced to zero to reflect this change.
Existing subgrade for concrete pavement work at certain locations on Oak Street, Pine
Street and Elm Street was determined to be unsuitable. The Contractor was directed to
remove unsuitable subgrade material to sufficient depths and replace with acceptable
material. The item “Remove and Replace Unsuitable Material” is being added to the
contract to provide compensation for this work.
Measurement for “Remove and Replace Unsuitable Material” is based on the volume of
removed material.
The agreed unit price is in accordance with Subsection 205.05, Paragraph 10.a. of the
2007 Edition of the Nebraska Department of Roads Standard Specifications for Highway
Construction.
In order to properly tie new concrete curb and gutter and concrete pavement to existing
concrete pavement, the Contractor was directed to grout and install deformed reinforcing
steel bars at approximate 4 foot spaces at specified locations as per Nebraska Department
of Roads Concrete Pavement Standards. The item “Install Tie Bar” is being added to
provide compensation to the Contractor for this work.
The agreed unit price compares to 108.3% of the January 1, 2010 through December 31,
2010 Nebraska Department of Roads Average Unit Prices of the item “Install Tie Bars,”
and is considered reasonable considering the small quantities involved.
As per the contract plans and specifications, direct buried cable was specified for signal
and electrical wire for the Wayside Horn System and Railroad Interconnect. As per
guidance from Streets Division staff, the Contractor was directed to provide and install 2”
conduit as per Section 405 of the 2007 Edition of the Nebraska Department of Roads
Standard Specifications for Highway Construction. Installing the cable in conduit
provides for ease of maintenance and troubleshooting system problems, and provides for
longer life of the cable. The item “2-Inch Conduit in Trench” is being added to provide
compensation for this work.
The agreed unit price for “2-Inch Conduit in Trench” compares favorably to the January
1, 2010 through December 31, 2010 Nebraska Department of Roads Average Unit Prices
for the same item, includes credit for not performing the work of direct burying cable,
and is reasonable considering the small quantities involved.
The contractor was also directed to install pull boxes provided by the City of Grand
Island near the Wayside Horns, at the riser near the power supply, and at the intersection
Grand Island Council Session - 3/26/2012 Page 125 / 183
of the power cable and signal cable. The pull boxes provide access to cable for ease of
maintenance and for troubleshooting system problems. The item “Install Pull Box” is
being added to provide compensation for this work.
The agreed unit price for “Install Pull Box” compares to 94.7% of the January 1, 2010
through December 31, 2010 Nebraska Department of Roads Average Unit Prices of the
item “Remove and Relocate Pull Box,” and is reasonable considering the small quantities
involved.
In lieu or removing and replacing pavement for installing cable under Walnut Street, the
Contractor was requested to bore conduit on this segment. Boring the conduit reduced
overall costs and reduced the duration Walnut Street had to be closed to traffic. The item
“2-Inch Conduit, Jacked” is being added to provide compensation for this work. The
items “Remove Pavement” and “8” Concrete Pavement” are being reduced to reflect this
change.
Conduit bored under the railroad tracks was specified in the plans and specifications and
is subsidiary to the contract item “Wayside Horn and Confirmation Signal Installation
(Complete).”
The agreed unit price for “2-Inch Conduit, Jacked” compares favorably to the January 1,
2010 through December 31, 2010 Nebraska Department of Roads Average Unit Prices
for the same item, includes credit for not performing the work of direct burying cable,
and is reasonable considering the small quantities 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 approve Change Order No. 3 for the
Grand Island Quiet Zone Project No. 2012-QZ-1.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 3/26/2012 Page 126 / 183
City of Grand Island CHANGE ORDER NUMBER 3
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: March 26, 2012
PROJECT: Grand Island Quiet Zone Project No. 2012-QZ-1
CONTRACTOR: The Diamond Engineering Company
CONTRACT DATE: September 13, 2011
Quantity Unit Price Total Price
1.Install Post 11.00 EA $100.00/EA $1,100.00
2.U Channel Sign Post - 117.00 LF $34.00/LF - $3,978.00
3.Ground Sleeve - 5.00 EA $122.00/EA - $610.00
4.Remove and Replace Unsuitable Material 65.00 CY $25.80/CY $1,677.00
5.Install Tie Bar 211.00 EA $6.50/EA $1,371.50
6. 2-Inch Conduit in Trench 130.00 LF $4.45/LF $578.50
7. Install Pull Box 4.00 EA $260.00/EA $1,040.00
8. 2-Inch Conduit, Jacked 66.00 LF $9.95/LF $656.70
9.Remove Pavement - 21.80 SY $8.70/SY - $189.66
10.8” Concrete Pavement - 21.80 SY $38.50/SY - $839.30
TOTAL OF CHANGE ORDER NO. 3 $ 806.74
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order .....................................................................................$247,718.25
Net Increase/Decrease Resulting from this Change Order .............................................................$ 806.74
Revised Contract Price Including this Change Order................................................................$ 248,524.99
Approval Recommended:
By_______________________________________
John Collins, Public Works Director
Date
Grand Island Council Session - 3/26/2012 Page 127 / 183
CHANGE ORDER NUMBER 3 (pg. 2)GRAND ISLAND QUIET ZONE PROJECT NO. 2012-QZ-1
The Above Change Order Accepted:Approved for the City of Grand Island:
The Diamond Engineering Company By_________________________________
Contractor Jay Vavricek, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Grand Island Council Session - 3/26/2012 Page 128 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-80
WHEREAS, on September 13, 2011, by Resolution 2011-242, the City of Grand
Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the
amount of $247,718.25 for the Grand Island Quiet Zone Project No. 2012-QZ-1; and
WHEREAS, Change Order No. 1 was approved by City Council through
Resolution 2011-302 on October 11, 2011 and incorporated the Union Pacific Railroad Special
Provision for City of Grand Island Projects into the Grand Island Quiet Zone Project No. 2012-
QZ-1 contract with The Diamond Engineering Company of Grand Island, Nebraska; and
WHEREAS, Change Order No. 2 was approved by City Council through
Resolution 2011-326 on November 8, 2011 and accounted for The Diamond Engineering
Company’s requirement to comply with all the terms and provisions relating to the work of
installing both underground wireline crossings for the Wayside Horn System; and
WHEREAS, it has been determined that modifications to the work to be
performed by The Diamond Engineering Company are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 3;
and
WHEREAS, the result of such modifications will increase the contract amount by
$806.74, for a revised contract amount of $248,524.99.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 3 between the City of Grand Island and
The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 129 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G11
#2012-81 - Approving Correction to Resolution No. 2010-361;
Acquisition of Landscape Easements Located in Business
Improvement District No. 6 (Second Street)
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2012 Page 130 / 183
Council Agenda Memo
From:Scott Griepenstroh, Public Works Project Manager
Meeting:March 26, 2012
Subject:Approving Correction to Resolution No. 2010-361;
Acquisition of Landscape Easements Located in Business
Improvement District No. 6 (Second Street)
Item #’s:G-11
Presenter(s):John Collins, Public Works Director
Background
Business Improvement District No. 6 was formed in conjunction with the widening
project of Second Street from Grant Street to Clark Street. This district was formed with
an objective to utilize and promote sustainable landscaping. Trees, shrubs and grasses
were selected that require low watering, less maintenance, and are suitable for Nebraska’s
climate. Landscaping items were installed on 31 properties along Second Street within
the business improvement district.
On December 21, 2010 City Council approved, by Resolution No. 2010-361, the
acquisition of landscape easements located in Business Improvement District (BID) No.
6, along Second Street.
Discussion
Maintenance and watering will continue to be required for the trees and various plantings
to ensure these items will remain healthy and vibrant. An easement at each property will
allow access to maintain these items.
The landscape easements along 2nd Street are being handled in the same fashion as the
landscape easements along the Locust Street BID. The property owners donate the
easement at no cost to the City. The easements allow for signs to be placed and existing
parking lots to remain. Any further encroachments into the landscape easements require a
license agreement. The property owner cannot disturb landscaping placed into the
easement without permission from the BID.
Grand Island Council Session - 3/26/2012 Page 131 / 183
Upon completion of the 2nd Street improvement project several of the landscape
easements were not used; either the property owner did not allow landscaping, or there
was no need for landscaping. The purpose of updating the originally approved Resolution
No. 2010-361 is to update the properties involved with the landscaping.
The properties included in Business Improvement District No. 6 landscaping are listed
below.
North
Five Points Bank - 1704 W 2nd Street
Overland National Bank (Wells Fargo Bank) - 920 W 2nd Street
J.J.A. Holdings, LLC - 1020 W 2nd Street
Real Estate Group of Grand Island, Inc. - 1824 W 2nd Street
RSI, Inc. - 2114 W 2nd Street
Victoria Land Partners L.P. - 2010 W 2nd Street
Merleen J Johnson, Trustee - 1808 W 2nd Street
John Michael & Bonna Barton Wanek - 802 W 2nd Street
Mary Story - 816 W 2nd Street
South
Walgreen Co. - 1515 W 2nd Street
Raile Properties, L.L.C. - 823 W 2nd Street
AutoZone Development Corp. - 1717 W 2nd Street
Daffodil, L.L.C. - 113 N Clay Street
J & B Rentals, L.L.C. - 1919 W 2nd Street
G.I.P.H. Restaurants, L.L.C. - 1015 W 2nd Street
Video Kingdom of Grand Island, Inc. - 1723 W 2nd Street
High Road, L.L.C. - 805 W 2nd Street
Grand Island Woman's Club, Inc. - 1109 W 2nd Street
Meme Saycocie - 1903 W 2nd Street
C & A Properties, L.L.C. - 915 W 2nd Street
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
Grand Island Council Session - 3/26/2012 Page 132 / 183
Recommendation
City Administration recommends that the Council approve the correction to Resolution
No. 2010-361 for the acquisition of landscape easements in Business Improvement
District No. 6.
Sample Motion
Move to approve the correction to Resolution No. 2010-361.
Grand Island Council Session - 3/26/2012 Page 133 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-81
WHEREAS, a public hearing was held on December 21, 2010, for the purpose of
discussing the proposed acquisition of landscape easements in Business Improvement District
No. 6; and
WHEREAS, on December 21, 2010, by Resolution 2010-361, the City Council of
the City of Grand Island approved acquisition of landscape easements from the property owners
in Business Improvement District No. 6; and
WHEREAS, not all originally approved landscape easements are needed now;
and
WHEREAS, the following legal descriptions detail the actual acquired landscape
easements:
Five Points Bank REFERRING TO THE SOUTHWEST CORNER OF LOT EIGHT (8),
BLOCK THIRTEEN (13), KERNOHAN AND DECKER’S ADDITION,
THENCE NORTHERLY ON THE WEST LINE OF SAID LOT EIGHT (8)
FOR A DISTANCE OF 6.36’ TO THE ACTUAL POINT OF BEGINNING,
THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF 39.25’, THENCE NORTHERLY
DEFLECTING 46°, 34 MINUTES, 34 SECONDS LEFT A DISTANCE OF
36.05’, THENCE NORTHWESTERLY DEFLECTING 43°, 12 MINTUES,
04 SECONDS LEFT A DISTANCE OF SIX (6) FEET, THENCE
NORTHEASTERLY DEFLECTING 89°, 46 MINTUES, 38 SECONDS
RIGHT A DISTANCE OF 1.97’ TO THE EAST LINE OF SAID LOT
EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
EIGHT (8) FOR A DISTANCE OF 77.42’, THENCE WESTERLY ON A
PERPENDICULAR LINE TO THE EAST OF SAID LOT EIGHT (8) A
DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE
TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT EIGHT (8) FOR A DISTANCE OF 79.45’, THENCE
SOUTHWESTERLY ON A LINE FOR A DISTANCE OF 26.85’, THENCE
WESTERLY ON A LINE FOR A DISTANCE OF 34.93’ TO THE WEST
LINE OF SAID LOT EIGHT (8), THENCE SOUTH ON THE WEST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET TO
THE ACTUAL POINT OF BEGINNING.
Overland National Bank
(Wells Fargo Bank)REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5),
BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION,
THENCE NORTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) A
DISTANCE OF 10.43’ TO THE ACTUAL POINT OF BEGINNING,
THENCE EASTERLY DEFLECTING 125°, 23 MINUTES, 21 SECONDS
RIGHT A DISTANCE OF EIGHTEEN (18) FEET TO THE SOUTHERLY
LINE OF SAID LOT FIVE (5), THENCE NORTHEASTERLY ON THE
SOUTH LINE OF LOTS FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8) IN
BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION TO
THE SOUTHEAST CORNER OF SAID LOT EIGHT (8), THENCE
Grand Island Council Session - 3/26/2012 Page 134 / 183
- 2 -
NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8) FOR A
DISTANCE OF FORTY (40) FEET THENCE WESTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT (8) FOR
A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE
TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE
WEST ON A LINE TWENTY (20) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF SAID LOT EIGHT (8) TO THE WEST LINE
OF SAID LOT EIGHT (8), THENCE SOUTHERLY ON THE WEST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TEN (10) FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF LOTS FIVE (5), SIX (6) AND
SEVEN (7), BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD
ADDITION TO A POINT TEN (10) FEET EAST OF THE WEST LINE OF
SAID LOT FIVE (5), THENCE NORTHERLY ON A LINE TEN (10)
FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT
FIVE (5) FOR A DISTANCE OF THIRTY (30) FEET, THENCE
WESTERLY ON A LINE FOR A DISTANCE OF TEN (10) FEET TO THE
WEST LINE OF SAID LOT FIVE (5), THENCE SOUTHERLY ON THE
WEST LINE TO THE ACTUAL POINT OF BEGINNING.
J.J.A. Holdings, LLC.
REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5),
BLOCK EIGHTEEN (18), ARNOLD AND ABBOTT’S ADDITION,
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT FIVE
(5) FOR A DISTANCE OF 11.36’ TO THE ACTUAL POINT OF
BEGINNING, THENCE EASTERLY DEFLECTING 134°, 56 MINUTES,
55 SECONDS RIGHT A DISTANCE OF 10.93’, THENCE
NORTHEASTERLY DEFLECTING 44°, 58 MINUTES, 54 SECONDS
LEFT A DISTANCE OF 58.27’ TO THE EAST LINE OF SAID LOT FIVE
(5), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE
(5) FOR A DISTANCE OF TEN (10) FEET, THENCE WESTERLY ON A
LINE FOR A DISTANCE OF SIXTY SIX (66) FEET TO THE WEST LINE
OF SAID LOT FIVE (5) THENCE SOUTHERLY ON THE WEST LINE
OF SAID LOT FIVE (5) TO THE ACTUAL POINT OF BEGINNING.
Real Estate Group of
Grand Island, Inc.REFERRING TO THE SOUTHWEST CORNER OF FRACTIONAL LOT
FIVE (5), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S
ADDITION, AND FRACTION LOT FIVE (5), BLOCK FIFTY ONE (51),
PACKER AND BARR’S SECOND ADDITION, THENCE NORTHERLY
ON THE WEST LINE OF SAID LOT A DISTANCE OF 15.82’ TO THE
ACTUAL POINT OF BEGINNING, THENCE EASTERLY DEFLECTING
134°, 58 MINUTES, 30 SECONDS RIGHT A DISTANCE OF 19.49’,
THENCE NORTHEASTERLY DEFLECTING 45°, 00 MINUTES, 30
SECONDS LEFT A DISTANCE OF 85.22’ TO THE EAST LINE OF THE
WEST THIRTY THREE (33) FEET OF LOT SIX (6), BLOCK FOURTEEN
(14), KERNOHAN AND DECKER’S ADDITION, THENCE
NORTHERLY ON SAID LINE A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TO THE ACTUAL POINT OF
BEGINNING.
Grand Island Council Session - 3/26/2012 Page 135 / 183
- 3 -
R.S.I., Inc.REFERRING TO THE SOUTHEAST CORNER OF LOT TEN (10),
BLOCK ELEVEN (11), BAKER’S ADDITION, THENCE NORTHERLY
ON THE EAST LINE OF SAID LOT TEN (10) A DISTANCE OF 9.56’ TO
A POINT, THENCE SOUTHERLY DEFLECTING 135°, 02 MINUTES, 03
SECONDS LEFT A DISTANCE OF 2.68’ TO THE ACTUAL POINT OF
BEGINNING, THENCE WESTERLY ON A LINE EIGHT (8) FEET
NORTH OF AND PARALLEL TO THE SOUTHERLY LINE OF LOTS
TEN (10), NINE (9) AND EIGHT (8) AND THE EAST HALF OF LOT
SEVEN (7) TO THE WEST LINE OF EAST HALF OF SAID LOT SEVEN
(7), THENCE SOUTHERLY ON THE WEST LINE OF SAID EAST HALF
OF LOT SEVEN (7) FOR A DISTANCE OF FIVE (5) FEET, THENCE
EASTLERY ON A LINE THREE (3) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF LOTS SEVEN (7), EIGHT (8) AND NINE (9),
BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE OF
100.52’, THENCE NORTHERLY ON A LINE PERPENDICULAR TO
THE SOUTH LINE OF LOT NINE (9), BLOCK ELEVEN (11), BAKER’S
ADDITION FOR A DISTANCE OF TWO (2) FEET, THENCE
EASTERLY ON A LINE FIVE (5) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF
27.5’, THENCE SOUTHERLY ON A LINE PERPENDICULAR TO THE
SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF TWO (2)
FEET, THENCE EASTERLY ON A LINE THREE (3) FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF LOTS NINE (9) AND TEN
(10), BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE
OF 48.02’, THENCE NORTHEASTERLY ON A LINE TO THE ACTUAL
POINT OF BEGINNING.
Victoria Land Partners, L.P.REFERRING TO THE SOUTHEAST CORNER OF LOT NINE (9),
BLOCK TWELVE (12), BAKER’S ADDITION, THENCE NORTHERLY
ON THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF 14.77’
TO THE ACTUAL POINT OF BEGINNING, THENCE CONTINUING
NORTHERLY ON THE EAST LINE OF SAID LOT NINE (9) A
DISTANCE OF 22.23’, THENCE WESTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT NINE (9) A
DISTANCE OF SIXTEEN (16) FEET, THENCE SOUTHERLY ON A
LINE SIXTEEN (16) FEET WEST OF AND PARALLEL TO THE EAST
LINE OF SAID LOT NINE (9) A DISTANCE OF THIRTY FIVE (35)
FEET, THENCE WESTERLY ON A LINE TWELVE (12) FEET NORTH
OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT NINE (9),
BLOCK TWELVE (12) FOR A DISTANCE OF 28’, THENCE
SOUTHERLY ON A LINE PERPENDICULAR TO THE SOUTH OF LOT
NINE (9), BLOCK TWELVE (12) FOR A DISTANCE OF 5’, THENCE
EASTERLY ON A LINE 2’ NORTH OF AND PARALLEL TO THE
SOUTH LINE OF LOT NINE (9), BLOCK TWELVE (12), THENCE
NORTHELRY DEFLECTING 45 00 MINUTES, 05 SECONDS LEFT A
DISTANCE OF 18.35’ TO THE ACTUAL POINT OF BEGINNING
Merleen J. Johnson,
Trustee REFERRING TO THE SOUTHEAST CORNER OF LOT EIGHT (8),
BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION,
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8)
A DISTANCE OF 13.72’ TO THE ACTUAL POINT OF BEGINNING,
THENCE CONTINUING NORTH ON THE EAST LINE OF SAID LOT
Grand Island Council Session - 3/26/2012 Page 136 / 183
- 4 -
EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WEST ON
A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT
(8) A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A
LINE TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TO A POINT ON THE WEST LINE
OF THE EAST HALF OF LOT SIX (6), BLOCK FOURTEEN (14),
KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON
SAID LINE FOR A DISTANCE OF TEN (10) FEET, THENCE
NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS
LEFT A DISTANCE OF 148.67’, THENCE NORTHERLY DEFLECTING
35°, 12 MINUTES, 18 SECONDS LEFT A DISTANCE OF TWENTY (20)
FEET TO THE ACTUAL POINT OF BEGINNING.
John Michael Wanek
Bonna Barton Wanek THE SOUTH FIFTEEN (15) FEET OF THE EAST TWENTY (20) FEET
OF LOT EIGHT (8), BLOCK ONE HUNDRED FOURTEEN (114),
RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA.
Mary Story THE SOUTH TEN (10) FEET OF LOT SIX (6), BLOCK ONE HUNDRED
FOURTEEN (114), RAILROAD ADDITION TO THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA.
Walgreen Co.TRACT ONE (1), SUCH EASEMENT BEING LOCATED ON THE WEST
SIXTY (60) FEET OF LOT FOUR (4), BLOCK SEVENTEEN (17),
KERNOHAN AND DECKER’S ADDITION, EXCEPTING THERE FROM
THAT PORTION BEING CONVEYED TO THE STATE OF NEBRASKA
AS RIGHT-OF-WAY, TO THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA.
Walgreen Co.REFERRING TO THE NORTHEAST CORNER OF THE WEST FORTY
FOUR (44) FEET OF LOT TWO (2), BLOCK EIGHTEEN (18),
KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON
THE EAST LINE OF SAID WEST FORTY FOUR (44) FEET OF LOT
TWO (2) FOR A DISTANCE OF 2.26’ TO THE ACTUAL POINT OF
BEGINNING, THENCE WESTERLY ON A LINE PARALLEL TO THE
NORTH LINE OF LOT TWO (2) OF SAID SUBDIVISION FOR A
DISTANCE OF 20.0’, THENCE SOUTHERLY ON A LINE
PERPENDICULAR TO THE NORTH LINE OF SAID LOT TWO (2) FOR
A DISTANCE OF 10’, THENCE EASTERLY ON A LINE 12.26’ SOUTH
OF AND PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2)
FOR A DISTANCE OF 20’, THENCE NORTHERLY ON THE EAST
LINE OF THE WEST FORTY FOUR (44) FEET OF SAID LOT TWO (2)
FOR A DISTANCE OF 10’ TO THE ACTUAL POINT OF BEGINNING.
Raile Properites, L.L.C.BEGINNING AT THE NORTHWEST CORNER OF LOT FOUR (4),
BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION,
THENCE SOUTH ON THE WEST LINE OF SAID LOT FOUR (4) A
DISTANCE OF 20’, THENCE EASTELRY ON A LINE
PERPENDICULAR TO THE WEST LINE OF SAID LOT FOUR (4) A
DISTANCE OF FIVE (5) FEET, THENCE NORTHERLY ON A LINE
Grand Island Council Session - 3/26/2012 Page 137 / 183
- 5 -
FIVE (5) FEET EAST OF AND PARALLEL TO THE WEST LINE OF
SAID LOT FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE
NORTHEASTERLY ON A LINE FIVE (5) FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT FOUR (4) A
DISTANCE OF 56’, THENCE SOUTHEASTERLY ON A LINE FIVE (5)
FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT
FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE
NORTHEASTERLY ON A LINE PERPENDICULAR TO THE EAST
LINE OF SAID LOT FOUR (4) A DISTANCE OF FIVE (5) FEET,
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FOUR (4)
FOR A DISTANCE OF 20’ TO THE NORTHEAST CORNER OF SAID
LOT FOUR (4), THENCE SOUTHWESTERLY ON THE NORTH LINE
OF SAID LOT FOUR (4) TO THE POINT OF BEGINNING.
AutoZone Development
Corporation REFERRING TO THE NORTHWEST CORNER OF LOT ONE (1),
AUTOZONE SUBDIVISION, THENCE SOUTH ON THE WEST LINE OF
SAID LOT ONE (1) A DISTANCE OF 5.7’ TO THE ACTUAL POINT OF
BEGINNING, THENCE EASTERLY ON A LINE FOR A DISTANCE OF
131.45’, THENCE SOUTHERLY DEFLECTING 45°, 00 MINUTES, 09
SECONDS RIGHT FOR A DISTANCE OF 30.01’, THENCE
SOUTHERLY DEFLECTING 39°, 31 MINUTES, 02 SECONDS RIGHT
FOR A DISTANCE OF 46’, THENCE EASTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), AUTOZONE
SUBDIVISION FOR A DISTANCE OF 1.9’, THENCE SOUTH ON THE
EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 40’, THENCE
WESTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF
SAID LOT ONE (1) FOR A DISTANCE OF 15’, THENCE NORTHERLY
ON A LINE 15’ WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT ONE (1) FOR A DISTANCE OF 92.01’, THENCE WESTERLY
ON A LINE FOR A DISTANCE OF 144’ TO A POINT ON THE WEST
LINE OF SAID LOT ONE (1), THENCE NORTHERLY ON THE WEST
LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 14.3’ TO THE
ACTUAL POINT OF BEGINNING.
Daffodil, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT FIVE (5),
BLOCK FIFTEEN (15), BAKER’S ADDITION, THENCE SOUTHERLY
ON THE EAST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF
4.32’ TO THE ACTUAL POINT OF BEGINNING, THENCE
SOUTHWESTERLY DEFELCTING 89°, 58 MINUTES, 01 SECONDS
RIGHT FOR A DISTANCE OF 47.43’, THENCE DEFLECTING 44°, 59
MINUTES, 38 SECONDS LEFT FOR A DISTANCE OF 9.3’ TO THE
WESTERLY LINE OF SAID LOT FIVE (5), TEHNCE SOUTHERLY ON
THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 7.07’,
THENCE EAST ON A LINE PARALLEL TO THE NORTH LINE OF
SAID LOT FIVE (5) TO THE EAST LINE OF SAID LOT FIVE (5),
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE (5)
FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF BEGINNING.
J & B Rentals, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT FOUR (4),
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) A
Grand Island Council Session - 3/26/2012 Page 138 / 183
- 6 -
DISTANCE OF 4.09’ TO THE ACTUAL POINT OF BEGINNING,
THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY LINE OF
SAID LOT FOUR (4), THENCE SOUTHERLY ON THE WEST LINE OF
SAID LOT FOUR (4) A DISTANCE OF 15’, THENCE EASTERLY ON A
LINE FOR A DISTANCE OF 52’ TO THE EAST LINE OF SAID LOT
FOUR (4), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
FOUR (4) FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF
BEGINNING.
G.I.P.H. Restaurants, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3),
BLOCK TWENTY (20), ARNOLD AND ABBOTTS ADDITION,
THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LOT
THREE (3) FOR A DISTANCE OF 2.29’ TO THE ACTUAL POINT OF
BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58
MINUTES, 01 SECONDS RIGHT A DISTANCE OF 80.43’, THENCE
SOUTHEASTERLY DEFLECTING 90°, 00 MINUTES, 00 SECONDS
LEFT A DISTANCE OF 2’, THENCE SOUTHWESTERLY DEFLECTING
90°, 00 MINUTES, 00 SECONDS RIGHT A DISTANCE OF 45.79’,
THENCE SOUTHERLY DEFLECTING 44°, 58 MINTUES, 52 SECONDS
LEFT A DISTANCE OF 8.18’ TO THE SOUTHWESTERLY LINE OF
SAID LOT FOUR (4), THENCE SOUTHEASTERLY ON THE
WESTERLY LINE OF SAID LOT FOUR (4) A DISTANCE OF 4.29’,
THENCE NORTHEATERLY ON A LINE PARALLEL TO THE NORTH
LINE OF SAID LOTS THREE (3) AND FOUR (4) TO THE EASTERLY
LINE OF SAID LOT THREE (3), THENCE NORTHWESTERLY ON THE
EASTERLY LINE OF SAID LOT THREE (3) A DISTANCE OF 10’ TO
THE ACTUAL POINT OF BEGINNING.
Video Kingdom of REFERRING TO THE NORTHEAST CORNER OF LOT TWO (2),
Grand Island, Inc.AUTOZONE SUBDIVISION, THENCE SOUTHERLY ON THE EAST
LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 5.70’, THENCE
SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS
RIGHT A DISTANCE OF 15.68’, THENCE SOUTHWESTERLY
DEFLECTING 1°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF
75.22’, THENCE SOUTHERLY DEFLECTING 46°, 38 MINTUES, 07
SECONDS LEFT A DISTANCE OF 17.04’, THENCE SOUTHEASTERLY
DEFLECTING 44°, 58 MINUTES, 05 SECONDS LEFT A DISTANCE OF
4.35’, THENCE NORTHEASTERLY ON A LINE TO A POINT ON THE
EASTERLY LINE OF SAID LOT TWO (2), THENCE
NORTHWESTERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR
A DISTANCE OF 14.3’ TO THE ACTUAL POINT OF BEGINNING.
High Road, L.L.C.BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION,
THENCE SOUTHWESTERLY ON THE NORTH LINE OF SAID LOT
ONE (1) FOR A DISTANCE OF 35’, THENCE SOUTHEASTERLY ON A
LINE TO A POINT ON THE EAST LINE OF SAID LOT ONE (1),
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 35’ TO THE POINT OF BEGINNING.
Grand Island Council Session - 3/26/2012 Page 139 / 183
- 7 -
Grand Island Woman’s
Club, Inc.REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK FOUR (4), ARNOLD PLACE ADDITION, THENCE
SOUTHEASTERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 10.16’ TO THE ACTUAL POINT OF BEGINNING,
THENCE WESTERLY DEFLECTING 134°, 57 MINUTES, 32 SECONDS
RIGHT A DISTANCE OF 10.96’, THENCE SOUTHWESTERLY
DEFLECTING 44°, 59 MINUTES, 32 SECONDS LEFT A DISTANCE OF
124.25’ TO THE SOUTHWESTERLY LINE OF SAID LOT TWO (2),
THENCE SOUTHEASTERLY ON THE WESTERLY LINE OF SAID LOT
TWO (2) FOR A DISTANCE OF 20’, THENCE NORTHEASTERLY ON A
LINE FOR A DISTANCE OF 82’, THENCE SOUTHEASTERLY ON A
LINE 50’ WEST OF AND PARALLEL TO THE EAST LINE OF LOT
ONE (1), BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION
FOR A DISTANCE OF 40’ NORTHEASTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), BLOCK
TWENTY ONE (21), ARNOLD PLACE ADDITION FOR A DISTANCE
OF 50’, THENCE NORTHERLY ON THE EAST LINE OF LOT ONE,
BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION TO THE
ACTUAL POINT OF BEGINNING.
Meme Saycocie REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 13.2’ TO THE ACTUAL POINT OF BEGINNING,
THENCE WESTERLY DEFLECTING 134°, 58 MINUTES, 47 SECONDS
RIGHT A DISTANCE OF 13’, THENCE SOUTHWESTERLY
DEFLECTING 45°, 00 MINUTES, 47 SECONDS LEFT A DISTANCE OF
44.8’ TO THE WESTERLY LINE OF SAID LOT ONE (1), THENCE
SOUTHERLY ON SAID WEST LINE A DISTANCE OF 9.48’, THENCE
EASTERLY ON A LINE FOR A DISTANCE OF 54’ TO THE ACTUAL
POINT OF BEGINNING.
C & A Properties, L.L.C.THE NORTH FIFTEEN (15) FEET OF THE WEST HALF OF LOT
THREE (3), BLOCK ONE HUNDRED SEVENTEEN (117), RAILROAD
ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA.
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 update the actual acquired necessary landscape easements for Business
Improvement District No. 6, on the above described tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
Grand Island Council Session - 3/26/2012 Page 140 / 183
- 8 -
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 141 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item G12
#2012-82 - Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual by Updating the
Financial Management Systems Certification
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2012 Page 142 / 183
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:March 26, 2012
Subject:Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual by
Updating the Financial Management Systems
Certification
Item #’s:G-12
Presenter(s):John Collins, Public Works Director
Background
Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal
transportation funding from the Federal Highway Administration (FHWA). FHWA
federal transportation funds are limited to Roadway, Bridge, and Trail Projects. As a sub-
recipient of federal transportation funding, the City of Grand Island is charged with the
responsibility of spending these funds in accordance with Federal and State law. The
Nebraska Department of Roads (NDOR) administers these funds under guidelines in the
NDOR's Local Projects Agency (LPA) Manual.
There are a number of requirements to comply with the NDOR’s LPA Manual. The City
completed one of the steps by agreeing to comply with the requirements of the Nebraska
Department of Road’s (NDOR’S) LPA Manual by passing a resolution at the October 27.
2009 council meeting.
The NDOR stipulated that LPAs receiving federal transportation funds adopt a resolution
agreeing to comply with the requirements of the LPA Guidelines Manual, specifically for
the following procedures:
Consultant selection process
National Environmental Policy Act (NEPA)
Uniform Relocation Assistance and Real Propety Acquisition Policies Act
(Uniform Act)
Financial Management Systems (certification attached to resolution)
Grand Island Council Session - 3/26/2012 Page 143 / 183
Discussion
With the permanent appointment of Jaye Monter as the City’s Finance Director it is now
necessary to update Resolution No. 2009-284 to reflect this change in responsibility and
stay in compliance with the LPA Guidelines Manual.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve a resolution, designating Jaye
Monter, City Treasurer/Finance Director, as the individual authorized to sign the
Financial Management Systems Certification.
Sample Motion
Move to approve the adoption of the resolution and authorize the City Treasurer/Finance
Director to sign the Financial Management Systems Certification.
Grand Island Council Session - 3/26/2012 Page 144 / 183
R E S O L U T IO N 2012-82
COMBINED CONSULTANT SELECTION, NEPA, UNIFORM ACT, SIGNING OF THE
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
City of Grand Island
WHEREAS: Certain transportation facilities (roads, streets, trails, and others) in the CITY
OF GRAND ISLAND have been designated as being eligible for federal funds by the Federal
Highway Administration in compliance with federal laws pertaining thereto; and
WHEREAS: The CITY OF GRAND ISLAND desires to continue to participate in Federal-
Aid transportation construction programs; and
WHEREAS: The Nebraska Department of Roads as a recipient of said Federal funds is
charged with oversight of the expenditures of said funds; and
WHEREAS: The CITY OF GRAND ISLAND as a sub-recipient of said Federal-Aid
funding is charged with the responsibility of expending said funds in accordance with Federal and
State law, the rules and regulations of the Federal Highway Administration, the requirements of
the Local Public Agency (LPA) Guidelines Manual of the Nebraska Department of Roads,
including the Consultant Selection process as stated in the LPA Guidelines Manual, the National
Environmental Policy Act (NEPA), the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act) and the maintaining of adequate Financial Management
Systems; and
WHEREAS: The CITY OF GRAND ISLAND understands that the failure to meet all
requirements for federal funding could lead to a project(s) being declared ineligible for federal
funds, which could result in the CITY OF GRAND ISLAND being required to repay some or all of
the federal funds expended for a project(s); and
WHEREAS, with the permanent appointment of Jaye Monter as the City of Grand Island’s
City Treasurer/Finance Director an update is being made to Resolution No. 2009-284.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA, that it adopts and binds itself to comply with all applicable
federal law, including the rules and regulations of the Federal Highway Administration, all
applicable state law and rules and regulations (Nebraska Administrative Code) and the
requirements of the LPA Guidelines Manual of the Nebraska Department of Roads, including the
consultant selection process as stated in the LPA Guidelines Manual, the National Environmental
Policy Act (NEPA), the Uniform Relocation Assistance and Real Property Acquisition Policies Act
(Uniform Act) and the maintaining of adequate Financial Management Systems.
BE IT FURTHER RESOLVED: The Mayor and Council CITY OF GRAND ISLAND does
hereby designate the following as responsible for the management of the following processes:
Consultant Selection process: Public Works Director and
Manager of Engineering Services
The National Environmental Policy Act (NEPA): Public Works Director and
Manager of Engineering Services
The Uniform Relocation Assistance
and Real Property Acquisition Public Works Director and
Policies Act (Uniform Act): Manager of Engineering Services
The following individual is hereby
authorized to sign the Financial
Management Systems Certification
attached to this Resolution: Jaye Monter, City Treasurer/
Finance Director
Grand Island Council Session - 3/26/2012 Page 145 / 183
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
The City Council of the CITY OF GRAND ISLAND
Randy Gard Robert Niemann
Peg Gilbert Scott Dugan
Kirk Ramsey Linna Dee Donaldson
Larry Carney Mitch Nickerson
Chuck Haase John Gericke
Council Member________________________________
Moved the adoption of said resolution
Member ___________________ Seconded the motion
Roll Call: ___Yes ___No ___Abstained ___Absent
Resolution adopted, signed and billed as adopted
____________________________________
Jay Vavricek, Mayor
Attest:
_________________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 146 / 183
LOCAL PUBLIC AGENCY (LPA)
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
Name of Local Public Agency CITY OF GRAND ISLAND
Date: March 26, 2012
The above-named local public agency (LPA) certifies that the financial management
systems and procedures used by them meet all requirements set forth by the Nebraska
Department of Roads (NDOR) and the Federal Highway Administration (FHWA), and are
sufficient to satisfy all applicable financial management system standards set forth in 49 CFR
Part 18, Uniform Administrative Requirements for Grants & Cooperative Agreements to State &
Local Governments, and all the requirements set out on the attachment to this certification
document.
By signing this document, the above-named LPA certifies that the local systems and
procedures provide an accurate representation of the financial transactions associated with
Federal-aid projects, and that financial records are maintained for subsequent audit purposes. In
the event the LPA determines that a financial transaction is not accurately shown on the LPA’s
financial records, the LPA agrees to notify the NDOR and FHWA and disclose and correct the
details of that financial transaction. Further, if it is determined that the LPA’s systems are no
longer compliant with all requirements of the first paragraph of this certification then the LPA will
modify their system(s) to make them compliant and submit a new certification to NDOR.
The person signing below hereby certifies that he or she is duly authorized to sign this
document and that the statements contained herein are true and correct to the best of his or her
knowledge and belief. This certification is submitted with an attached resolution of the governing
board or council of the LPA authorizing the following individual to sign this document.
LPA’s Authorized Representative
___Jay Monter _________ ____________________________ __________
(Print Name) (Signature) (Date)
STATE OF NEBRASKA )
)ss.
COUNTY OF _________ )
Subscribed, sworn to and acknowledged before me by ______________________,
this day _______ day of ______________, 2012
SEAL
_____________________________
Notary Public
NDOR conditionally accepts this certification pending successful completion of an audit by NDOR
verifying the statements contained herein.
NDOR ____________________________ ______________
Controller Division Head Date
NDOR ____________________________ ______________
Local Projects Division Head Date
Grand Island Council Session - 3/26/2012 Page 147 / 183
LOCAL PUBLIC AGENCY (LPA)
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
ATTACHMENT
Name of Local Public Agency THE CITY OF GRAND ISLAND
Date: March 26, 2012
Additional Financial Management System Requirements
A.The LPA is responsible for maintaining an adequate financial management system and
will immediately notify the NDOR when the LPA can no longer comply with the
requirements established below.
B.The LPA’s financial management system shall provide for:
Financial Reporting: The LPA must maintain accurate, current and complete disclosure of
the results of the financial audits of Federal financially-assisted activities in conformity with
generally accepted principles of accounting, and reporting in a format that is in
accordance with the financial reporting requirements of the Federal-aid program.
Accounting Records: The LPA must maintain records that adequately identify the source
and application of funds for Federal financially-assisted activities. These records must
contain information pertaining to Federal financial assistance and authorizations, project
expenditures to date and the project funds remaining and available to pay for future
expenditures. The LPA agrees to grant NDOR and FHWA access to these records
immediately upon request.
Internal Control: The LPA must maintain effective internal and accounting controls over
all funds, property and other assets. The LPA shall adequately safeguard all such assets
and assure that they are used solely for authorized purposes.
Budget Control: The LPA will maintain records for Federal financial assistance that
compares actual expenditures or outlays with budgeted amounts. Financial information
must be related to performance and productivity data including the development of unit
cost information.
Allowable Cost: The LPA must have procedures for determining whether costs are
reasonable, allowable, and allocable; consistent with State and Federal requirements.
Source Documentation: The LPA must maintain, or cause to maintained, the source
documentation for its accounting records.
C.The NDOR will periodically review the adequacy of the financial management system of
any applicant for financial assistance, as part of a pre-award review or at any time during
the Federal–aid project. If NDOR determines that the LPA's accounting system does not
meet the standards described in paragraph B above, the NDOR will require remedial
action by the applicant to maintain eligibility for federal assistance. Failure to comply with
any requirements imposed by the NDOR may result in sanctions as identified in
Chapter 15 of the LPA Guidelines Manual.
Grand Island Council Session - 3/26/2012 Page 148 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item H1
Referral of Blight and Substandard Study for Proposed
Redevelopment Area #9 to the Regional Planning
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2012 Page 149 / 183
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:March 26, 2012
Subject:Proposed Blighted and Substandard Area #9
Item #’s:H-1
Presenter(s):Chad Nabity, Director Grand Island CRA
Background
Enclosed you will find a copy of a Substandard and Blight Study as prepared for the
Gordman Grand Island LLC by Marvin Planning Consultants. This study is for
approximately 72 acres of property in northwest Grand Island between Capital Avenue
and State Street and U.S. Highway 281 and Webb Road. The study as prepared and
submitted indicates that this property could be considered substandard and blighted. The
full study is attached for your review and consideration.
Gordman Properties LLC has submitted this study for the review and consideration of the
Grand Island City Council as permitted by Nebraska law. The decision on whether to
declare an area substandard and blighted is entirely within the jurisdiction of the City
Council with a recommendation from the Planning Commission.
The question before Council will be whether to send the Study to the Planning
Commission for their review and feedback. If the item is not sent to the Planning
Commission the Council cannot declare the area substandard and blighted. Planning
Commission will meet on April 4th and would have a recommendation ready for last
Council meeting in April.
Once an area has been declared substandard and blighted the CRA can accept
redevelopment proposals for the area that might or might not include an application for
Tax Increment Financing.
Discussion
The action item tonight relate to the Study for proposed CRA Area No. 9 in northwest
Grand Island between Capital Avenue and State Street and U.S. Highway 281 and Webb
Grand Island Council Session - 3/26/2012 Page 150 / 183
Road as shown below. The study was prepared for 72 acres, of all of which are in the
Grand Island City Limits
Grand Island Council Session - 3/26/2012 Page 151 / 183
Jason Eley, Assistant City Attorney has reviewed the Nebraska Statures and case law
pertaining to the declaration of property as blighted and substandard. His comments on
this application are as follows:
The statutory procedures for accomplishing blight relief include the
following steps: (1) the identification of a community redevelopment area
consisting of portions of a city declared to be substandard or blighted in
accordance with statutory definitions and in need of redevelopment, (2)
the formulation of a redevelopment plan for such area or a redevelopment
project within such area, and (3) the implementation of the redevelopment
plan through various means including acquisition, sale, leasing, and
contracting for redevelopment. Nebraska Revised State Statutes (NRSS)
18-2103, 18-2107, and 18-2109.
Under this statutory scheme, the governing body shall afford maximum
opportunity consistent with the sound needs of the city as a whole to the
rehabilitation or redevelopment of the community redevelopment area by
private enterprise. A private development project would be eligible for tax
increment financing only if it is included within an area which has
previously been declared blighted or substandard and is in furtherance of
an existing redevelopment plan for that area. The declaration of property
as blighted or substandard is not simply a formality which must be met in
order to assist a private developer with tax increment financing; it is the
recognition of a specific public purpose which justifies the expenditure of
public funds for redevelopment. See Monarch Chemical Works, Inc. v.
City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979), Fitzke v. Hastings,
255 NEB 46 (1998)
At this point, Council is only considering point 1 of Mr. Eley’s opinion. According to
NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to
review the Blight Study prior to Council declaring the property substandard and blighted.
If Council wishes to consider a declaration of substandard and blight State Statute require
that the question of whether an area is substandard and blighted be submitted to the
Planning Commission for its review and recommendation.
The Planning Commission recommendation should be done at the first available
opportunity, as the Planning Commission has 30 days to respond to Council’s request for
a recommendation.
Blighted Area of the Community
The city of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of today, March 19,
2012, 16.05% of the City has been declared blighted and substandard. The area proposed
for Adams Street Area (Area 8) would add another 0.48%. The Gordman Grand Island
Grand Island Council Session - 3/26/2012 Page 152 / 183
LLC study (Area 9) would add 0.38%. If both Areas 8 and 9 were to be declared
substandard and blighted by the Council 16.91% of the community would bear that
designation.
It does not appear that the declaration of both Area 8 and Area 9 would significantly
impact the City’s ability to declare other areas substandard and blighted.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to forward the Study to the Planning Commission for their
recommendation.
2.Move to not forward the Study to the Planning Commission for their
recommendation
3.Refer the issue to a Committee
4.Postpone the issue to future date
5.Take no action on the issue
Recommendation
City Administration recommends that the Council Move to forward the Study to the
Planning Commission.
Sample Motion
Move to adopt resolution to forward the Study to the Planning Commission for their
review and recommendation.
Grand Island Council Session - 3/26/2012 Page 153 / 183
City of Grand Island,NE
Blight and Substandard Study
Area #9
March 2012
Grand Island Council Session - 3/26/2012 Page 154 / 183
Grand Island Council Session - 3/26/2012 Page 155 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 1
PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY
The purpose of completing this Blight and Substandard study is to examine existing conditions within the city
of Grand Island. This study has been commissioned by an individual property owner within the community
with the hope that the City will consider the study area for future redevelopment activity. The area is bordered
on all four sides by major transportation routes and the general area of the community has seen considerable
new development on the western perimeter of the area but limited redevelopment activities.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those
issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18,
Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying out the
provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with
sound needs of the city as a whole, to the rehabilitation or redevelopment of the community
redevelopment area by private enterprises. The governing body of a city shall give consideration
to this objective in exercising its powers under sections 18-2101 to 18-2144, including the
formulation of a workable program, the approval of community redevelopment plans consistent
with the general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings
and improvements, the disposition of any property acquired, and providing of necessary public
improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for
formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the Community
Development Law may formulate for the entire municipality a workable program for utilizing
appropriate private and public resources to eliminate or prevent the development or spread of
urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of
substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible
municipal activities as may be suitably employed to achieve the objectives of such workable
program. Such workable program may include, without limitation, provision for the prevention of
the spread of blight into areas of the municipality which are free from blight through diligent
enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or
conservation of substandard and blighted areas or portions thereof by replanning, removing
congestion, providing parks, playgrounds, and other public improvements by encouraging
voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevelopment of substandard and blighted
areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe
conditions, deterioration of site or other improvements, diversity of ownership, tax or special
assessment delinquency exceeding the fair value of the land, defective or unusual conditions of
Grand Island Council Session - 3/26/2012 Page 156 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 2
title, improper subdivision or obsolete platting, or the existence of conditions which endanger life
or property by fire and other causes, or any combination of such factors, substantially impairs or
arrests the sound growth of the community, retards the provision of housing accommodations,
or constitutes an economic or social liability and is detrimental to the public health, safety,
morals, or welfare in its present condition and use and (b) in which there is at least one of the
following conditions: (i) Unemployment in the designated area is at least one hundred twenty
percent of the state or national average; (ii) the average age of the residential or commercial
units in the area is at least forty years; (iii) more than half of the plotted and subdivided property
in an area is unimproved land that has been within the city for forty years and has remained
unimproved during that time; (iv) the per capita income of the area is lower than the average per
capita income of the city or in which the area is designated; or (v) the area has had either stable
or decreasing population based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city as
blighted, a city of the second class shall not designate an area larger than fifty percent of the
city as blighted, and a shall not designate an area larger than one hundred percent of the as
blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority
and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions
existing within the City’s jurisdiction. Through this process, the City and property owner will be attempting to
address economic and/or social liabilities which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will
contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved
traffic, public transportation, public utilities and other public improvements, and the proposed land uses
and building requirements in the redevelopment area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing uses and
conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This study targets a specific area within an established part of the community for evaluation. The area is
indicated in Figure 1 of this report. The existing uses in this area include commercial and public open space
(primarily detention cells).
Through the redevelopment process the City of Grand Island can guide future development and
redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand
Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of
Grand Island can assist in the elimination of negative conditions and implement different programs/projects
identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF W. CAPITAL AVENUE AND N. WEBB
ROAD; THENCE SOUTHERLY ALONG SAID CENTERLINE OF N. WEBB ROAD TO THE INTERSECTION OF THE
CENTERLINES OF N. WEBB ROAD AND STATE STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF
STATE STREET TO THE INTERSECTION OF THE CENTERLINES OF STATE STREET AND US HIGHWAY 281;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF US HIGHWAY 281 TO THE INTERSECTION OF THE
CENTERLINES OF US HIGHWAY 281 AND W. CAPITAL AVENUE; THENCE, EASTERLY ALONG THE CENTERLINE
OF W. CAPITAL AVENUE TO THE POINT OF BEGINNING.
Grand Island Council Session - 3/26/2012 Page 157 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 3
Figure 1
Study Area Map
Source: Gordman Grand Island LLC, 2012
Grand Island Council Session - 3/26/2012 Page 158 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 4
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The
number and type of uses are constantly changing within a community, and produce a number of impacts that
either benefit or detract from the community. Because of this, the short and long-term success and
sustainability of the community is directly contingent upon available resources utilized in the best manner
given the constraints the City faces during the course of the planning period. Existing patterns of land use are
often fixed in older communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as well as data
collection online using the Hall County Assessors website. This survey noted the use of each parcel of land
within the study area. These data from the survey are analyzed in the following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total acres
determined per land use from the survey; next is the percentage of those areas compared to the total
developed land; and finally, the third set of data compare the all land uses to the total area within the Study
Area.
The Study Area is predominately Commercial uses with 93.0% of land in this use. The remaining 7% is
Public/Quasi-public and is typically used for stormwater detention. One key note on existing land uses, within
the interior of the Grand Island Mall portion there is currently a church using the space but has been included
in the commercial uses.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2011
Type of Use Acres Percent of
Developed
land within
the Study
Area
Percent of Study
Area
Residential 0 0.0%0.0%
Single-family 0 0.0%0.0%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 66.84 93.0%93.0%
Industrial 0 0.0%0.0%
Quasi-Public/Public 5.02 7.0%7.0%
Parks/Recreation 0 0.0%0.0%
Transportation 0 0.0%0.0%
Total DevelopedLand 71.86 100.0%
Vacant/Agriculture 0 0.0%
Total Area 71.86 100.0%
Source: 2012 Grand Island Blight Study Area 9, Marvin Planning Consultants and Olsson Associates
Grand Island Council Session - 3/26/2012 Page 159 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 5
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 3/26/2012 Page 160 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 6
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will
review the conditions based upon the Statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the Statutory
conditions are present, other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes
allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless
of their condition. The following paragraphs document the structural age of the structures within the Study
Area. Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 16 units. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
11 (68.8%) units were determined to be less than 40 years of age
5 (31.2%) units were determined to be 40 years of age or older
Even though there is not a predominance of units 40 years of age or older the ones that meet the criteria are
grouped together on the north end of the overall study area. Two of these units are predominate commercial
units on the site and contain a large portion of the overall square footage of the buildings in the area. A typical
unit in which commercial uses are rated is square feet; therefore the following is a breakdown of the square
footage of the units in the study area:
531,224 total square feet
282,593 s.f. of the total or 53.2% are at least 40 years of age.
In the case of the Grand Island Mall, a walk through in the public areas indicated that the interiors were
completely out of date and in dire need of updating.
Due to the age of the structures and specifically the total square footage, the age of the units would be a
direct contributing factor.
Grand Island Council Session - 3/26/2012 Page 161 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 7
Figure 3
Unit Age Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 3/26/2012 Page 162 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 8
Photo 1
Photo 3
Deterioration of Site or Other Improvements
The site improvements include the areas determined to be means of public ingress and egress to the study
area as well as the area designed to move vehicular traffic through the site. In addition, this includes the
actual surface parking areas. The condition of the site improvements vary greatly.
The Study Area contains a major deteriorated condition; the parking areas throughout the area, as well as the
demarcated driving areas.
The parking areas throughout the entire Study Area are
in a serious state of disrepair. In a number of situations,
the deterioration may present a potential hazard to
vehicles. The parking surface and driving areas contain
major surface break-ups and spawling. These conditions
have been likely caused by several circumstances over
the years, including:
Lack of maintenance
Sub-soil conditions
Heavier than expected traffic
Flooding in recent years
Freeze/thaw cycles
A number of these items can be prevented through
proper design, enforcement and maintenance, with
maintenance being a key.
Photos 1 through 7 indicate examples of different
deteriorated conditions within the parking and driving
areas across the entire site.
In addition to broken pavement in the Study Area, there
are some areas where the actual driving areas have
reverted to dirt and mud as seen in Photo 7.
Due to the large amount of broken pavement in the
Study Area, the parking areas are considered to be
deteriorated or in a state of deteriorating; therefore,
they are a direct contributing factor to the conditions of
blight.Photo 2
Grand Island Council Session - 3/26/2012 Page 163 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 9
Photo 4 Photo 5
Photo 6 Photo 7
Photo 8
Drainage Conditions
Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high
water table. Topography and soils can have a major impact on how a given portion of the city drains. The area
designated in this Study Area is nearly flat or has an extremely small slope.
The visual survey of the site examined the entire area
for potential drainage problems. The fact the City of
Grand Island has one major and a couple of smaller
detention cells in the Study Area are a major indicator
as to the potential for flooding/drainage problems. The
largest detention cell in the Study Area is also located
on a prime intersection and on what could be a location
for a tenant in the area.
In addition, the entire Study Area is within the 100-year
floodplain; however, specific buildings/structures have
been amended out of the floodplain.
The photographs of the Study Area indicate standing
water within key drainage ways on the site, see Photo 8.
The drainage issue has also contributed to other problems in the area such as dictating traffic patterns in
order to not interfere with the drainage on site (see Photo 9).
Grand Island Council Session - 3/26/2012 Page 164 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 10
Photo 9
Drainage way
Rerouted
circulation
pattern
Photo 10
In addition to Photos 8 and 9, Photo 10 is a picture that was taken on May 11, 2005 after the city of Grand
Island had been inundated by a spring storm that dropped nearly 8 inches of rain on the community. Photo 10
is from the southwest corner of the study area looking easterly.
Finally, standing water from poor drainage can be a
catalyst for Health issues like West Nile due to the
potential mosquito breeding that can occur.
Defective or Inadequate Street Layout
The circulation layout within the Study Area is a
haphazard means of ingress and egress based upon
specific ownership patterns and presumably a
series of easements across several properties.
The layout of the circulation pattern is simply done
primarily through painted demarcation on the
parking lots. There are minimal separation
components such as islands or wheel stops in the
Study Area, especially on the larger parking lots
adjoining ShopKo, the Grand Island Mall property,
and the Gordman property.
The traffic layout in some cases is greatly
dependent upon where the drainage system is
located in the area. In addition, due to the lack of
overall planning in the Study Area, circulation
between the different buildings and structures is
difficult.
Due to the fact that the overall circulation pattern
has been designed in an manner that allows
vehicular traffic to freely move and cut across
parking spaces as opposed to following a
prescribed route, then there is the presence of a
defective or inadequate street layout within the
Study Area and this is a contributing factor to the
area being blighted.
Unsanitary/Unsafe conditions
The first contributing factor is the standing water
and drainage issues that are found throughout the entire Study Area. This water has the potential to be the
breeding grounds for insects, especially mosquitoes and their potential to carry the West Nile Virus.
Based upon the field analysis, there are sufficient elements present for there to be unsanitary and unsafe
conditions in the Study Area. These conditions are predominately due to the drainage system and the
possibility of standing water within the area.
Faulty Lot Layout/Improper Subdivision or Obsolete Platting
The layout of properties and lots are a critical factor to successfully seeing property developed and users of
the property being able to function in a manner that minimizes the impact on the end users. Based upon the
boundaries for ownership in the Study Area, there are no specifically dedicated circulation areas other than a
few “fingers” that shoot out to State Street, Capital Avenue, and Webb Road.
Grand Island Council Session - 3/26/2012 Page 165 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 11
In addition, the overall configuration of the lots, based upon the Assessor’s boundaries is confusing and
follows little rationale, even the Outlot where Taco John’s and Burger King are located appear to be after
thoughts.
Grand Island Council Session - 3/26/2012 Page 166 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 12
Figure 4
Parcel Layout Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 3/26/2012 Page 167 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 13
Photo 11
Diversity of Ownership
The diversity of ownership is not a common contributing factor that impacts an areas status as blighted and
substandard. In the case of Blight Area 9, the diversity of ownership is probably one of the more critical
elements present. Within the Study Area there are 17 different property owners. When redeveloping an area
similar to Blight Area 9, this level of diversity is a hindrance to redevelopment; therefore it becomes
necessary for the City and the CRA to become a party to the redevelopment activities. The City and CRA can
without major commitments aid in orchestrating the redevelopment effort. In addition, the availability of Tax
Increment Financing and other funding mechanisms can entice the property owners to undertake the
necessary activities.
Figure 5 shows the diverse ownership by parcel.
Based upon the diversity of ownership and the relatively confined area within Blight Area 9, there are
sufficient elements present to meet the statutory requirements.
Stable or Decreasing Population
Over the past 20 years the population within the study area has been stable. The population within the Study
Area has been 0 residents for the past two decennial censuses. Therefore, it meets the criteria for a stable or
decreasing population.
Other Contributing Factors
One of the final contributing factor towards the Study Area being declared as Blighted is the change in
assessed valuation in the area between 2011 and 2002. Overall, 11 of the 17 properties showed a decrease
in assessed valuation. These declining valuations are an indicator of:
A lack of overall investment in the structure/property
A general declining condition of the structure/property
An overall lack of investment in the entire area
The properties that are declining in assessed valuation
are having a negative impact on both the adjacent
property owners that may be investing in their properties
and the overall city assessment which translates into
how well the City can provide services to the general
public.
One final contributing factor is the existing location of the
Grand Island Mall pole sign on the Webb Road side of the
Study Area. Currently the sign poses a safety risk due to
its location. The pole sign is located in the middle of the
parking lot and is paved right up to the poles. In addition,
there are no barriers in place to minimize the potential
for vehicles to hit the sign. If a driver is not paying
attention and/or is unfamiliar with the parking lot
configuration the potential is good for a collision. Photo
shows the location of one of two poles supporting the sign.
Grand Island Council Session - 3/26/2012 Page 168 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 14
BBlliigghhttiinngg SSuummmmaarryy
These conditions are contributing to the blighted conditions of the study area.
Age of Structure
o 5 of 16 units (31.2%) are 40 years of age or older.
o 282,593 square feet of the total 531,224 square feet (53.2%) of retail space is 40 years of age or
older
Existence of defective or inadequate street layout
o The only street layouts in the Study Area are striped parking areas with the main vehicular circulation
falling into the remaining areas.
o All streets/circulation areas are private property
Faulty lot layout in relation to size adequacy, accessibility or usefulness
o The Study Area is divided into 17 different owners and the boundaries are gerrymandered in no
logical manner.
Dangerous conditions to life or property due to fire or other causes
o The primary signage (pole sign) on the Webb Road side of the area has two large steel poles that
have no separation from the vehicular movements of the site.
o The parking lots are in a major state of disrepair and in some cases could easily cause damage to a
vehicle if they were driven over.
o The drainage system in the Study Area has the potential for standing water to be present.
Combination of factors which are impairing and/or arresting sound growth
o The Study Area is approximately 80 acres and has 17 different property owners; therefore the
diversity of ownership has the potential to impair sound growth
o The overall lack of investment in the area over the past 10 years. Of the 16 properties, 11 (64.7%)
have seen a declining assessed valuation.
Diversity of Ownership
o There are 17 different property owners within the Study Area. Some owners have invested in their
properties while others have done minimal maintenance at best.
Improper Subdivision or obsolete platting
o The Study Area is divided into 17 different owners and the boundaries are gerrymandered in no
logical manner.
Stable or decreasing population over last two decennial censuses
o The population of the Study Area has remained stable over the past 22 years.
The other criteria for Blight were not present in the area, these included:
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
These issues were either not present or were limited enough as to have little impact on the overall condition
of the study area.
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes
allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of
their condition. Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 16 units. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
11 (68.8%) units were determined to be less than 40 years of age
5 (31.2%) units were determined to be 40 years of age or older
Grand Island Council Session - 3/26/2012 Page 169 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 15
Even though there is not a predominance of units 40 years of age or older the ones that meet the criteria are
grouped together on the north end of the overall study area. Two of these units are the predominate
commercial units on the site and contain a large portion of the overall square footage of the buildings in the
area. A typical unit in which commercial uses are rated is square feet; therefore the following is a breakdown
of the square footage of buildings in the study area:
531,224 total square feet
282,593 s.f. of the total or 53.2% are at least 40 years of age.
In the case of the Grand Island Mall, a walk through in the public areas indicated that the interiors were
completely out of date and in dire need of updating.
Due to the age of the structures (specifically the total square feet), the age of the units would be a direct
contributing factor.
SSuubbssttaannddaarrdd SSuummmmaarryy
Nebraska State Statute requires that at least one of five substandard factors be present in a community. This
Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the data
was not readily accessible in the area, these included:
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average;
more than half of the plotted and subdivided property in an area is unimproved land that has been within
the city for forty years and has remained unimproved during that time;
the per capita income of the area is lower than the average per capita income of the city or in which the
area is designated
the area has had either stable or decreasing population based on the last two decennial censuses.
FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##99
Blight Study Area #9 has several items contributing to the Blight and Substandard Conditions. These
conditions include:
Blighted Conditions
Diversity of Ownership
Defective or inadequate street layout
Faulty lot layout
Improper subdivision or obsolete platting
Unsanitary / Unsafe conditions,
Deterioration of site or other improvements,
Dangerous conditions to life or property due to fire or other causes,
Combination of factors which are impairing and/or arresting sound growth,
Average age of units is over 40 years of age.
Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty years
Grand Island Council Session - 3/26/2012 Page 170 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 16
Figure 5
Diversity of Ownership Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 3/26/2012 Page 171 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 17
Figure 6
Assessed Valuation Changes Map – 2002 to 2011
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 3/26/2012 Page 172 / 183
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 18
CCOONNCCLLUUSSIIOONN
Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria
present to declare Area #9 of Grand Island as Blighted and Substandard as provided for in the Nebraska
Revised Statutes. The conditions found throughout the entire area constitute a designation of blighted and
substandard. The eventual use of Tax Increment Financing or other incentive programs would be of great
benefit to the entire area.
Grand Island Council Session - 3/26/2012 Page 173 / 183
Grand Island Council Session - 3/26/2012 Page 174 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item H2
Approving Appointment of Vaughn Minton as City
Councilmember for Ward 1
Mayor Jay Vavricek has submitted the name of Vaugn Minton for appointment as Councilmember to
represent Ward 1. This vacancy will be created when Councilmember Randy Gards resignation becomes
effective on March 31, 2012. As is required by City Code Section 2-25, "The mayor shall fill by
appointment any vacancy which may exist, caused by death, resignation or disability of any elective
officer of the City. Such appointment of the mayor shall be subject, however, to approval of the majority
of the council." A MOTION is in order.
Staff Contact: Mayor Vavricek
Grand Island Council Session - 3/26/2012 Page 175 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item I1
#2012-83 - Consideration of Authorization to Solicit Proposals to
Lease the Ashton Street Ball Field
Staff Contact: Steve Paustian
Grand Island Council Session - 3/26/2012 Page 176 / 183
Council Agenda Memo
From:Steve Paustian, Parks and Recreation Director
Meeting:March 26, 2012
Subject:Authorization to Solicit Proposals to Lease the Ashton
Street Ball Field
Item #’s:I-1
Presenter(s):Steve Paustian, Parks and Recreation Director
Background
A request has been received by the Parks and Recreation Department to lease the ball
field located at Ashton and Oak Streets.
Discussion
At the March 20th study session Council was asked to consider leasing the Ashton Street
Ball Field. The resolution before you tonight is requesting authorization to proceed with a
request for proposals to allow any interested citizen or group to submit a proposal. If a
proposal is received that staff feels is in the best interest of the City to pursue, the
proposal will be submitted to Council for action.
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
Grand Island Council Session - 3/26/2012 Page 177 / 183
Recommendation
City Administration recommends that the City Council approve the resolution and have
the Parks and Recreation Department proceed with the Request for Proposals.
Sample Motion
Move to authorize staff to advertise for proposals to lease the Ashton Street Ball Field.
Grand Island Council Session - 3/26/2012 Page 178 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-83
WHEREAS, the Grand Island Parks & Recreation Department met with City
Council at a Study Session on Tuesday, March 20, 2012; and
WHEREAS, the Parks & Recreation Department is soliciting proposals for the
lease of Ashton Street ball field.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Parks & Recreation Department is
hereby directed to solicit proposals for the lease of Ashton Street ball field.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 179 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item I2
#2012-84 - Consideration of Amending the Fee Schedule Relative to
Burning Regulations
This item relates to the aforementioned Ordinance item F-1.
Staff Contact: Tim Hiemer
Grand Island Council Session - 3/26/2012 Page 180 / 183
Approved as to Form ¤ ___________
March 22, 2012 ¤ City Attorney
R E S O L U T I O N 2012-84
WHEREAS, Neb. Rev. Stat. §81-520.01(5) permits the City of Grand Island to
charge a fee of ten dollars ($10.00) for open burning permits: and
WHEREAS, Grand Island City Code §16-11(10) and (11) impose a ten dollar
($10.00) fee for permits to engage in any of the open burning activities listed in Grand Island
City Code §16-11(3)(b).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2011/2012 Grand Island City Fee
Schedule be amended to add the fees imposed by Grand Island City Code §16-11(10) and (11).
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2012 Page 181 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item J1
Approving Payment of Claims for the Period of March 14, 2012
through March 26, 2012
The Claims for the period of March 14, 2012 through March 26, 2012 for a total amount of
$3,665,224.74. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 3/26/2012 Page 182 / 183
City of Grand Island
Monday, March 26, 2012
Council Session
Item X1
Strategy Session with Respect to Collective Bargaining (IBEW
Local 1597 – Wastewater, Service/Clerical, Finance, Utilities)
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Brenda Sutherland
Grand Island Council Session - 3/26/2012 Page 183 / 183