06-12-2012 City Council Regular Meeting Packet
City of Grand Island
Tuesday, June 12, 2012
Council Session Packet
City Council:
Larry Carney
Linna Dee Donaldson
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Vaughn Minton
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 - 6/12/2012 Page 1 / 193
City of Grand Island Tuesday, June 12, 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 - Pastor Charles Greggory, First Baptist Church, 811 West 10th
Street
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 - 6/12/2012 Page 2 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item C1
Recognition of Heartland Lutheran High School Boys Golf Team
for Class “D” State Championship
The Mayor and City Council will recognize the Heartland Lutheran High School Boys Golf Team and
their Coach Dan Bremer and Assistant Coach Greg Uhrmacher for the Class "D" State Golf
Championship. Congratulations on a job well done.
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 6/12/2012 Page 3 / 193
Grand Island Council Session - 6/12/2012 Page 4 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item C2
Recognition of 2011-2012 Community Youth Council
The Mayor and City Council will recognize the hard work and many hours contributed by the
Community Youth Council to the community of Grand Island through sponsored and collaborative
events. A short presentation will be given regarding the highlights of the 2011-12 Community Youth
Council year. All youth and adult members will be recognized with a certificate and a special gift will be
given to the seniors that just graduated. Congratulations on a successful year.
Staff Contact: Wendy Meyer-Jerke
Grand Island Council Session - 6/12/2012 Page 5 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E1
Public Hearing on Request from The Wine Bar LLC dba The
Wine Bar, 313 West 3rd Street for a Class “CK” Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 6 / 193
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 12, 2012
Subject:Public Hearing on Request from The Wine Bar LLC dba
The Wine Bar, 313 West 3rd Street for a Class “CK”
Liquor License
Item #’s:E-1 & I-1
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
The Wine Bar LLC dba The Wine Bar, 313 West 3rd Street has submitted an application
for a Class “CK” Liquor License. A Class “C” Liquor License allows for the sale of
alcohol on and off sale inside the corporate limits of the city. A Class “K” Liquor License
allows for catering.
Grand Island Council Session - 6/12/2012 Page 7 / 193
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Also submitted with the application was a request from Robert Aki, 628 East memorial
Drive for a Liquor Manager Designation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for The Wine Bar LLC dba The Wine Bar, 313 West 3rd
Street for a Class “CK” Liquor License contingent upon final inspections and Liquor
Manager Designation for Robert Aki, 628 East Memorial Drive contingent upon
completion of a state approved alcohol server/seller training program.
Grand Island Council Session - 6/12/2012 Page 8 / 193
05/29/12 Grand Island Police Department 450
14:56 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 12:28:29 05/21/2012
Occurred before : 12:28:29 05/21/2012
When reported : 12:28:29 05/21/2012
Date disposition declared : 05/21/2012
Incident number : L12052821
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 313 3rd St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 11402
Grand Island Council Session - 6/12/2012 Page 9 / 193
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
-----
NM 91703 05/24/12 Aki, Robert M Owner/Manager
NM 95803 05/24/12 Aki, Shelley L Owner
NM 176225 05/24/12 The Wine Bar, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application for The Wine Bar and a
Copy of
a Liquor Manager Application from Robert Aki.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
Grand Island Council Session - 6/12/2012 Page 10 / 193
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:19:17 05/24/2012
318
Grand Island Police Department
Supplemental Report
Date, Time: Thu May 24 14:19:34 CDT 2012
Reporting Officer: Vitera
Unit- CID
I reviewed the application and learned that Robert Aki and his wife
Shelley want
to open up a business at 313 W. 3rd called The Wine Bar. They are
applying for
a Class CK (beer, wine, & distilled spirits on and off sale combined with
a
catering license) LLC retail liquor license. Along with several varieties
of
wine, a couple of imported beers, and some premium liquors; they are
going to
have a dessert and appetizer menu. Their business plan calls for a
"quiet,
cozy, and relaxed atmosphere."
The Aki's have lived in Kearney and Grand Island for at least the last
ten
years. No one else is listed on the application, and Shelley did not sign
a
Spousal Affidavit of Non Participation. Where the application asks about
Grand Island Council Session - 6/12/2012 Page 11 / 193
criminal convictions, Shelley listed four traffic infractions. Robert
listed two traffic infractions and two DUI's.
I checked the Aki's through Spillman and NCJIS. I did not find any
potential
undisclosed convictions in Spillman or NCJIS. I also checked the Aki's
through
a law enforcement-only Internet database which contains personal,
business, and
other civil information. I didn't find anything detrimental to Robert.
Shelley
potentially has a couple of old judgments against her. I found Robert and
Shelley on face book and didn't find anything disturbing. Neither of them
have
any warrants for their arrest, and they each have a valid driver's
license.
The only potential issue I can find with this application is that there
is a
church across the street from the proposed location of The Wine Bar.
Robert
correctly filled out the application and checked the "Yes" box when asked
if
there is a church within 150 feet of the licensed premise. He also
provided the
name and address of the church. Nebraska State Statute 53-177 says:
(1) Except as otherwise provided in subsection (2) of this section,
no
license shall be issued for the sale at retail of any alcoholic liquor
within
one hundred fifty feet of any church, school, hospital, or home for aged
or
indigent persons or for veterans, their wives or children. This
prohibition does
not apply (a) to any location within such distance of one hundred fifty
feet for
Grand Island Council Session - 6/12/2012 Page 12 / 193
which a license to sell alcoholic liquor at retail has been granted by
the
commission for two years continuously prior to making of application for
license, (b) to hotels offering restaurant service, to regularly
organized
clubs, or to restaurants, food shops, or other places where sale of
alcoholic
liquor is not the principal business carried on, if such place of
business so
exempted was established for such purposes prior to May 24, 1935, or (c)
to a
college or university in the state which is subject to section 53-177.01.
(2) If a proposed location for the sale at retail of any alcoholic liquor
is
within one hundred fifty feet of any church, a license may be issued if
the
commission gives notice to the affected church and holds a hearing as
prescribed
in section 53-133 which states:
(1) The commission shall set for hearing before it any application
for a
retail license, craft brewery license, or microdistillery license
relative to which it has received:
(a) Within forty-five days after the date of receipt of such application
by the
city, village, or county clerk, a recommendation of denial from the city,
village, or county;
(b) Within ten days after the receipt of a recommendation from the city,
village, or county, or, if no recommendation is received, within forty-
five days
after the date of receipt of such application by the city, village, or
county
Grand Island Council Session - 6/12/2012 Page 13 / 193
clerk, objections in writing by not less than three persons residing
within such
city, village, or county, protesting the issuance of the license.
Withdrawal of
the protest does not prohibit the commission from conducting a hearing
based
upon the protest as originally filed and making an independent finding as
to
whether the license should or should not be issued;
(c) Within forty-five days after the date of receipt of such application
by the
city, village, or county clerk, objections by the commission or any duly
appointed employee of the commission, protesting the issuance of the
license; or
(d) An indication on the application that the location of a proposed
retail
establishment is within one hundred fifty feet of a church as described
in
subsection (2) of section 53-177.
(2) Hearings upon such applications shall be in the following manner:
Notice
indicating the time and place of such hearing shall be mailed or
electronically
delivered to the applicant, the local governing body, each individual
protesting
a license pursuant to subdivision (1)(b) of this section, and any church
affected as described in subdivision (1)(d) of this section, at least
fifteen
days prior to such hearing. The notice shall state that the commission
will
receive evidence for the purpose of determining whether to approve or
deny the
Grand Island Council Session - 6/12/2012 Page 14 / 193
application. Mailing or electronic delivery to the attorney of record of
a party
shall be deemed to fulfill the purposes of this section. The commission
may
receive evidence, including testimony and documentary evidence, and may
hear and
question witnesses concerning the application. The commission shall not
use
electronic delivery with respect to an applicant, a protestor, or a
church under
this section without the consent of the recipient to electronic delivery.
I called Robert Aki on 5/25/12 and arranged to meet with him on 5/29/12
at 1130
at the proposed location for the license. We met at the designated time
and
place. I went over the application with Robert. I told Robert that the
only
issue I see with the license is the church being within 150'. Robert said
he
hadn't contacted the church. From reading the statutes that I listed
previously
in this report, it appears that the NLCC will hold a hearing and make a
final
determination as to whether Robert should have a liquor license within
150' from
a church. In the mean time, the City of Grand Island can make a
recommendation to the NLCC as usual.
Since the church and any other potential protesters will have an
opportunity to
speak against the issuance of a license during a special hearing called
by the
NLCC, the Grand Island Police Department has no objection to The Wine Bar
receiving a liquor license or to Robert Aki being the liquor manager.
Grand Island Council Session - 6/12/2012 Page 15 / 193
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µ
Liquor Application313 W 3rd St.
Legend Liquor License Locations
1,500ft Buffer from Applicant
Grand Island Council Session - 6/12/2012 Page 16 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E2
Public Hearing on Request from Sunrise Restaurants LLC dba
Denny’s, 3333 Ramada Road for a Class “I” Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 17 / 193
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 12, 2012
Subject:Public Hearing on Request from Sunrise Restaurants
LLC dba Denny’s, 3333 Ramada Road for a Class “I”
Liquor License
Item #’s:E-2 & I-2
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Sunrise Restaurants LLC dba Denny’s, 3333 Ramada Road has submitted an application
for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol
on sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Grand Island Council Session - 6/12/2012 Page 18 / 193
Also submitted with the application was a request from Christine Kramer, 603 Highland
Drive, Ogallala, NE for a Liquor Manager Designation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Sunrise Restaurants LLC dba Denny’s, 3333
Ramada Road for a Class “I” Liquor License contingent upon final inspections and
Liquor Manager Designation for Christine Kramer, 603 Highland Drive, Ogallala, NE
contingent upon completion of a state approved alcohol server/seller training program.
Grand Island Council Session - 6/12/2012 Page 19 / 193
06/06/12 Grand Island Police Department 450
10:12 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 15:49:32 05/25/2012
Occurred before : 15:49:32 05/25/2012
When reported : 15:49:32 05/25/2012
Date disposition declared : 05/25/2012
Incident number : L12053802
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 3333 Ramada Rd
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 14250
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
-----
NM 165895 06/04/12 Kramer, Christine A Manager
NM 176596 06/04/12 Denny's, Restaurant
NM 176598 06/04/12 Spongberg, Roland C Owner
NM 176599 06/04/12 Spongberg, Sandra D Owner
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application from Denny's and a Copy
of a
Liquor Manager Application from Christine Kramer.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
Grand Island Council Session - 6/12/2012 Page 20 / 193
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 13:55:12 06/04/2012
318
Grand Island Police Department
Supplemental Report
Date, Time: Mon Jun 04 13:55:22 CDT 2012
Reporting Officer: Vitera
Unit- CID
Denny's is applying for a Class I (beer, wine, distilled spirits, on sale
only) LLC retail liquor license. Roland and Sandra Spongberg will be the
local Denny's owners. They live in California. Christine Kramer will be
the manager. She was born in Ogallala, NE and has recently lived there
since at least 2001.
The Spongberg's didn't disclose any convictions on their liquor license
application, nor did Christine disclose any convictions on the manager
application. I checked all of them in Spillman and NCJIS. Christine was
in Spillman and NCJIS. According to Spillman, she was warned for speeding
last year. NCJIS shows that she has been convicted of a seat belt and
left of center violation in 2005, stop sign violation in 2008, and
speeding in 2009.
The Spongberg's weren't in Spillman. Roland had an entry in NCJIS for a
speeding conviction in Ogallala in 2010. Sandra was not located in NCJIS.
Since I am unable to run out-of-state criminal history checks on liquor
Grand Island Council Session - 6/12/2012 Page 21 / 193
license applications, we will have to rely on the applicants' fingerprint
submissions to the NLCC.
I checked all of the applicants through a law enforcement- only Internet
database which contains lots of personal, business, and other civil
information. It appears that Roland is a big businessman. It looks like
he has 32 U.S. business affiliations and 56 corporate affiliations. There
wasn't nearly as much information on Sandra as there was on Roland.
Christine may have some liens against her, but nothing else shocking
appeared. None of the applicants have any warrants for their arrest.
On the retail application and the liquor manager application, it clearly
asks "Has anyone who is a party to this application, or their spouse,
ever been convicted of or plead guilty to any charge. Charge means any
charge alleging a felony, misdemeanor, violation of a federal or state
law, a violation of a local law, ordinance or resolution." It further
asks that the applicant, "List the nature of the charge, where the charge
occurred and the year and the month of the conviction or plea. Also list
any charges pending at the time of this application. If more than one
party, please list charges by each individual's name."
Roland and Christine's failure to disclose their traffic convictions
technically makes the applications false according to the Nebraska Liquor
Control Act (Part II Chapter 2 Section 010.01) which states:
"No applicant for a liquor license, or partner, principal, agent or
employee of any applicant for a liquor license shall provide false or
misleading information to the Nebraska Liquor Control Commission, its
executive director, or employees. Any violation of this provision may
result in denial of application for a liquor license or, in the event
Grand Island Council Session - 6/12/2012 Page 22 / 193
that a license has already been issued, suspension, cancellation or
revocation of such license."
The undisclosed convictions would fall under state law or local
ordinance. Either way, the convictions are either an infraction or a
misdemeanor that do not rise to the level of a Class I Misdemeanor in a
specified crime under Nebraska State Statute Chapter 28 that would
automatically nullify the application.
Based on the limited access to nationwide criminal history information on
the owners, the Grand Island Police Department has no objection to
Denny's having a liquor license or to Christine Kramer becoming the
liquor manager.
Grand Island Council Session - 6/12/2012 Page 23 / 193
I
B
C
DLocust St SRamada RdMidaro DrLake St
US Highway 34 W
Woodland Dr
Tri StUS Highway 34 E
De Ann RdSandra Rd Exchange RdKnott AveWoodland CtWoodland BlvdWoodland CIr
US Highway 34 W US Highway 34 E
µ
Liquor Application3333 Ramada Rd
Legend Liquor License Locations
1,500ft Buffer from Applicant
Grand Island Council Session - 6/12/2012 Page 24 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E3
Public Hearing on Generalized Redevelopment Plan for an Area
Known as Redevelopment Area No. 9 Located East of U.S.
Highway 281 and West of Webb Road, North of State Street and
South of Capital Avenue
Staff Contact: Chad Nabity
Grand Island Council Session - 6/12/2012 Page 25 / 193
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:June 12, 2012
Subject:Redevelopment Plan for CRA Area #9
Item #’s:E-3 & I-3
Presenter(s):Chad Nabity, AICP CRA Director
Background
The Grand Island City Council declared this area blighted and substandard at their meeting on April 24, 2012.
The enclosed plan was prepared by Marvin Planning Consultants as part of the
blight study for this area.
This study does not specifically approve any Tax Increment Financing (TIF) projects
but does provide a general redevelopment plan for the study area. TIF could be used
to implement this generalized plan. The generalized plan also authorized the
CRA to implement its commercial façade improvement program in this area.
The CRA has forwarded the plan to the Regional Planning Commission for a hearing
and recommendation. The RPC held their hearing and recommended approval on June
6, 2012. The CRA passed a resolution approving the plan and recommending approval
to the City Council at their meeting on May 9, 2012.
Discussion
Approval of this generalized plan sets the parameters for TIF projects in the
redevelopment area. This study does not specifically approve any TIF projects but does
outline the types of activities that could be considered for Tax Increment Financing in
this redevelopment area. These activities could include acquisition and demolition,
public utilities improvements, road and transportation improvement and others.
Individual projects would need to be presented to the CRA, Planning Commission and
City Council prior to approval of TIF. There are significant infrastructure needs in this
Grand Island Council Session - 6/12/2012 Page 26 / 193
area and TIF would provide a means of paying for those infrastructure costs and
developing the area appropriately.
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 declaring the attached document the generalized redevelopment
plan for CRA Area #9.
Sample Motion
Move to approve the resolution as submitted.
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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 #9 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 Community 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 1 (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 Redevelopment 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."
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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
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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 commercial 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:
potential relocation of drainage infrastructure
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, 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 two distinct land uses. The primary developed uses include commercial and
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 commercial uses within the area is
recommended within the Redevelopment Area.
Future Land Use Map
The future land use for Redevelopment Area is reflected in the existing Future Land Use
map contained in the Blight and Substandard Study. The map illustrates the future land use
classifications are in conformance with the City's Comprehensive Plan. However, as stated
above, expansion of the commercial uses within the area is recommended 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 privately owned and maintained
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General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 4
circulation patterns within the study area. Actual streets in the area are along the perimeter
of the area.
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.
Commercial 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 redevelopment. Public streets, where appropriate, may be
vacated to encourage contiguous commercial redevelopment. Traffic patterns for
commercial truck traffic should be studied to minimize any impacts.
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 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.
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General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 5
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 commercial buildings would prolong the life of the
structures, create safe and decent 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 Redevelopment Law.
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General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 6
Figure 1
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
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General Redevelopment Plan
City of Grand Island, Nebraska • February 2012 Page 7
Figure 2
Future Land Use Map
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City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E4
Public Hearing on Site Specific Redevelopment Plan for an Area
Located at 3420 West State Street
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:June 12, 2012
Subject:Amendment to Redevelopment Plan for CRA Area #9
Item #’s:E-4 & I-4
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2012, the Grand Island City Council declared property referred to as CRA Area #9 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. TIF can also be used for
improvements to and expansion of existing infrastructure including but not limited to:
streets, water, sewer, drainage.
The developer intends to use Tax Increment Financing to aid in renovation of the
renovation of the furniture super store/former grocery store site. The developer is trying
to attract big name retailers. Improvements will be made to the existing building to
convert it from a single tenant big box into multiple tenants. This project would not be
possible without the use of TIF. The property is located within Redevelopment Area #9 at
3420 W State St in Grand Island, Nebraska.
The CRA reviewed the proposed development plan on May 9, 2012 and forwarded it to
the Hall County Regional Planning Commission for recommendation at their meeting on
June 6th, 2012. The CRA also sent notification to the City Clerk of their intent to enter
into a redevelopment contract for this project pending Council approval of the plan
amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on June 6, 2012. The Planning Commission approved
Resolution 2012-05 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
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Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
proposed project) and to enter into the record a copy of the plan amendment, the draft
TIF contract under consideration by the CRA.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented in the redevelopment plan along with the amended redevelopment plan for
CRA Area #9 and authorizes the CRA to execute a contract for TIF based on the plan
amendment. This includes the renovation of the furniture super store/former grocery store
at the corner of U.S. Highway 281 and State Street at 3420 W State Street (and other
addresses). The cost benefit analysis included in the plan finds that this project meets the
statutory requirements for as eligible TIF project and that it will not negatively impact
existing services within the community or shift additional costs onto the current residents
of Grand Island and the impacted school districts. The total tax increment financing
allowed for this project may not exceed $898,350 during this 15 year period.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Site Specific Redevelopment Plan
Grand Island CRA Area #9
May 2012
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area #9 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #9.
Executive Summary:
Project Description
THE RENOVATION OF THE FURNITURE SUPER STORE/FORMER GROCERY
STORE AT THE CORNER OF U.S. HIGHWAY 281 AND STATE STREET AT 3420
STATE STREET (AND OTHER ADRESSES) ALL LOCATED ON LOT 1 OF
GRAND ISLAND MALL TWELFTH SUBDIVSION AND THE SUBSEQUENT SITE
WORK, UTILITY, ENGINEERING, LANDSCAPING AND PARKING
IMPROVEMENTS NECESSARY FOR THE RENOVATION AT THIS LOCATION.
The developer intends to use Tax Increment Financing to aid in renovation of the existing
commercial space and conversion of the space from a single large user to tenant spaces.
The developer is trying to attract national retailers as an anchor to the shopping center.
This project would not be possible in an affordable manner without the use of TIF.
The site is owned by the developer. All site work, demolition and utilities will be paid
for by the developer. The developer is responsible for and has provided evidence that
they can secure adequate debt financing to cover the costs associated with the acquisition,
site work and remodeling. The Grand Island Community Redevelopment Authority
(CRA) intends to pledge the ad valorem taxes generated over the 15 year period
beginning January 1, 2013 towards the allowable costs and associated financing for the
remodeling and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located at the northwest corner of U.S. Highway 281 and State Street in
northwest Grand Island. The attached map identifies the subject property and the
surrounding land uses:
Legal Descriptions Lot 1 of Grand Island Mall Twelfth Subdivision in the
City of Grand Island, Hall County, Nebraska.
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The tax increment will be captured for the tax years the payments for which become
delinquent in years 2014 through 2028 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from rehabilitation of the
vacant commercial space into smaller tenant spaces.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2013.
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
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Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on April 24, 2012. [§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate an existing conforming use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Generalized Redevelopment Plan for Area #9 provides for real property acquisition
and this plan amendment does not prohibit such acquisition. There is no proposed
acquisition by the authority or the developer.
b. Demolition and Removal of Structures:
The project to be implemented with this plan amendment does not call for the demolition
and removal of any existing structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for highway commercial development. [§18-2103(b) and §18-2111] The
attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
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City of Grand Island Future Land Use Map
Grand Island Council Session - 6/12/2012 Page 46 / 193
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2 General Business zone. No zoning changes are anticipated with
this project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. The proposed use for commercial retail space is permitted in the B2 zoning
district. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing rehabilitate the existing structure a conforming structure and
use in the B2 zoning district. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
This site has full service to municipal utilities. No utilities would be impacted by the
development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation.
This property, owned by the developer is maintained as retail center. The proposed use
of this property would continue as a retail commercial space. No individuals or families
will be relocated as a result of this project. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has owned the property for since 2005. The cost of property acquisition is
not being included as a TIF eligible expense. Costs for rehabilitation of the existing
structure and parking improvements are estimated at $2,746,593 including all fees. The
direct cost to renovate the building is estimated at $2,290,533. Fees and reimbursement
to the City and the CRA of $6,500 are included as a TIF eligible expense.
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No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $898,350 from the proceeds of the TIF
Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2014 through December
31, 2027.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of and redevelopment of commercial lots. This will
not significantly impact traffic on at the intersection of State Street and U.S. Highway
281. Renovated commercial development will raise property values and provide a
stimulus to keep surrounding properties properly maintained. This will have the intended
result of preventing recurring elements of unsafe buildings and blighting conditions.
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8. Time Frame for Development
Development of this project (including demolition, site preparation and new construction)
is anticipated to be completed between July 2012 and December of 2012. Excess
valuation should be available for this project for 15 years beginning with the 2013 tax
year.
9. Justification of Project
The U.S. Highway 281 Corridor is a major entrance for the City of Grand Island from the
north and from I-80. The majority of the new commercial development in Grand Island
in the past 10 years has occurred along this stretch of highway. The Grand Island Mall
area was one of the first pieces in this corridor to develop. The pattern that has been most
successful with buildings facing onto U.S. Highway 281 was not as obvious a pattern for
success as it is today. The opportunity to partner with owners of key building along this
corridor as they redevelop and reinvest in their properties is important to making those
favorable first impressions.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $4,126,165.
The proposed renovation of this facility will result in an estimated additional $2,746,593
of taxable valuation based on an analysis by the Hall County Assessor’s office. No tax
shifts are anticipated from the project. The project creates additional valuation that will
support taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed facility will provide jobs for persons employed by the contractors that
will be involved with the project. It could result in a new national retailers locating in
Grand Island. The new retail facilities will employ managerial and sales staff at these
locations.
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(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This may create additional demand for retail service employees in the Grand Island
area and could impact other retailers. The proposed retailers represent businesses not
located in Grand Island but they will potentially create competition for businesses located
here.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This will improve the northern entrance into the City of Grand Island. The updates
and upgrades a portion of one of the oldest commercial areas along U.S. Highway 281.
Since these are proposed for retail commercial use and the proposed retailers are not
currently located in Grand Island this may give the City a greater opportunity to capture
more sales tax dollars.
Time Frame for Development
Development of this project is anticipated to be completed during between July 2012 and
December of 2012. The base tax year should be calculated on the value of the property
as of January 1, 2012. The tax increment on excess valuation should be available for this
project for 15 years beginning in 2014. Excess valuation will be used to pay the TIF
Indebtedness issued by the CRA per the contract between the CRA and the developer for
a period not to exceed 15 years or an amount not to exceed $898,350 the projected
amount of increment based upon the anticipated value of the project and current tax rate.
Based on the estimates of the expenses of the cost of renovation, site preparation,
engineering, expenses and fees reimbursed to the City and CRA, and financing fees the
developer will spend over $2,700,000 of TIF eligible activities over $2,200,000 of which
are directly related to remodeling and rehabilitating the existing building.
See Attached Building Plans
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REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the _____th day of
___________, 2012, by and between the Community Redevelopment Authority of the City of
Grand Island, Nebraska (“Authority”), and EIG Grand Island, LLC, a Nebraska limited liability
company (“Redeveloper”).
WITNESSETH:
WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the
purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska
Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as
amended (collectively the “Act”), has designated an area in the City as blighted and substandard;
and
WHEREAS, City and Redeveloper desire to enter into this Redevelopment Contract for
redevelopment of a parcel in the blighted and substandard area;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally
applicable to both the singular and plural forms and masculine, feminine and neuter gender of
any of the terms defined:
“Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory
thereof and supplemental thereto
“Authority” means the Community Redevelopment Authority of the City of Grand Island,
Nebraska.
“City” means the City of Grand Island, Nebraska.
“Governing Body” means the Mayor and City Council of the City.
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“Holder” means the holders of TIF indebtedness issued by the Authority from time to
time outstanding.
“Liquidated Damages Amount” means the amounts to be repaid to Authority by
Redeveloper pursuant to Section 6.02 of this Redevelopment Contract.
“Project” means the improvements to the Redevelopment Area, as further described in
Exhibit B attached hereto and incorporated herein by reference and, as used herein, shall include
the Redevelopment Area real estate.
“Project Cost Certification” means a statement prepared and signed by the Redeveloper
verifying the Redeveloper has been legally obligated for the payment of Project Costs identified
on Exhibit D
“Project Costs” means only costs or expenses incurred by Redeveloper for the purposes
set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit D.
“Redeveloper” means EIG Grand Island, LLC, a Nebraska limited liability company.
“Redevelopment Area” means that certain real property situated in the City of Grand
Island, Hall County, Nebraska, which has been declared blighted and substandard by the City
pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
“Redevelopment Contract” means this redevelopment contract between the Authority and
Redeveloper with respect to the Project.
“Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment
Area related to the Project, prepared by the Authority and approved by the City pursuant to the
Act.
“Resolution” means the Resolution of the Authority, as supplemented from time to time,
approving this Redevelopment Contract and the issuance of the TIF Indebtedness.
“TIF Indebtedness” means any bonds, notes, loans, and advances of money or other
indebtedness, including interest and premiums, if any, thereon, incurred by the Authority
pursuant to Article III hereof and secured in whole or in part by TIF Revenues.
“TIF Revenues” means incremental ad valorem taxes generated by the Project which are
allocated to and paid to the Authority pursuant to the Act.
Section 1.02 Construction and Interpretation.
The provisions of this Redevelopment Contract shall be construed and interpreted in
accordance with the following provisions:
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(a)Wherever in this Redevelopment Contract it is provided that any person
may do or perform any act or thing the word “may” shall he deemed permissive and not
mandatory and it shall be construed that such person shall have the right, but shall not be
obligated, to do and perform any such act or thing.
(b)The phrase “at any time” shall be construed as meaning “at any time or
from time to time.”
(c)The word ‘including” shall be construed as meaning ‘‘including, but not
limited to.”
(d)The words ‘will” and “shall” shall each be construed as mandatory.
(e)The words “herein,” “hereof,” “hereunder,” “hereinafter” and words of
similar import shall refer to the Redevelopment Contract as a whole rather than to any
particular paragraph, section or subsection, unless the context specifically refers thereto.
(f)Forms of words in the singular, plural, masculine, feminine or neuter shall
be construed to include the other forms as the context may require.
(g)The captions to the sections of this Redevelopment Contract are for
convenience only and shall not be deemed part of the text of the respective sections and
shall not vary by implication or otherwise any of the provisions hereof.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations by Authority.
The Authority makes the following representations and findings:
(a)The Authority is a duly organized and validly existing Community
Redevelopment Authority under the Act.
(b)The Redevelopment Plan has been duly approved and adopted by the City
pursuant to Section 18-2109 through 18-2117 of the Act.
(c)The Authority deems it to be in the public interest and in furtherance of the
purposes of the Act to accept the proposal submitted by Redeveloper as specified herein.
(d)The Redevelopment Project will achieve the public purposes of the Act by,
among other things, increasing employment, improving public infrastructure, increasing
the tax base, and lessening conditions of blight and substandard in the Redevelopment
Area.
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(e)(1) The Redevelopment Plan is feasible and in conformity with the general
plan for the development of the City as a whole and the plan is in conformity with the
legislative declarations and determinations set forth in the Act, and
(2) Based on Representations made by the Redeveloper:
(i) The Project would not be economically feasible without the use
of tax-increment financing,
(ii) The Project would not occur in the Redevelopment Area without
the use of tax-increment financing, and
(iii) The costs and benefits of the Project, including costs and
benefits to other affected political subdivisions, the economy of the
community, and the demand for public and private services have been
analyzed by the Authority and have been found to be in the long-term best
interest of the community impacted by the Project.
(f)The Authority has determined that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purpose of
accomplishing, in conformance with the general plan, a coordinated, adjusted, and
harmonious development of the City and its environs which will, in accordance with
present and future needs, promote health, safety, morals, order, convenience, prosperity,
and the general welfare, as well as efficiency and economy in the process of
development: including, among other things, adequate provision for traffic, vehicular
parking, the promotion of safety from fire, panic, and other dangers, adequate provision
for light and air, the promotion of the healthful and convenient distribution of population,
the provision of adequate transportation, water, sewerage and other public utilities,
schools, parks, recreational and community facilities, and other public requirements, the
promotion of sound design and arrangement, the wise and efficient expenditure of public
funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling
accommodations, or conditions of blight.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a)The Redeveloper is a Nebraska limited liability company, having the power
to enter into this Redevelopment Contract and perform all obligations contained herein
and by proper action has been duly authorized to execute and deliver this Redevelopment
Contract.
(b)The execution and delivery of the Redevelopment Contract and the
consummation of the transactions therein contemplated will not conflict with or constitute
a breach of or default under any bond, debenture, note or other evidence of indebtedness
or any contract, loan agreement or lease to which Redeveloper is a party or by which it is
bound, or result in the creation or imposition of any lien, charge or encumbrance of any
nature upon any of the property or assets of the Redeveloper contrary to the terms of any
instrument or agreement.
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(c)There is no litigation pending or to the best of its knowledge threatened
against Redeveloper affecting its ability to carry out the acquisition, construction,
equipping and furnishing of the Project or the carrying into effect of this Redevelopment
Contract or, except as disclosed in writing to the Authority, as in any other matter
materially affecting the ability of Redeveloper to perform its obligations hereunder.
(d)Any financial statements of the Redeveloper or its Members delivered to
the Authority prior to the date hereof are true and correct in all respects and fairly present
the financial condition of the Redeveloper and the Project as of the dates thereof; no
materially adverse change has occurred in the financial condition reflected therein since
the respective dates thereof; and no additional borrowings have been made by the
Redeveloper since the date thereof except in the ordinary course of business, other than
the borrowing contemplated hereby or borrowings disclosed to or approved by the
Authority.
(e)The Project would not be economically feasible without the use of tax
increment financing.
(f)The Project would not occur in the Redevelopment Area without the use of
tax-increment financing.
(g)The Redeveloper is an accredited investor as that term is defined for
purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended.
ARTICLE III
OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes.
In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad
valorem tax on the following real property in the Project: to wit: the property shown on attached
Exhibit A, for the benefit of any public body be divided for a period of fifteen years after the
effective date of this provision as set forth in this section. The effective date of this provision
shall be January 1, 2013.
(a)That proportion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the Redevelopment Project Valuation (as
defined in the Act) shall be paid into the funds of each such public body in the same
proportion as all other taxes collected by or for the bodies; and
(b)That proportion of the ad valorem tax on real property in the
Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if
any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of
the Authority to pay the principal of, the interest on, and any premiums due in connection
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with the bonds, loans, notes or advances of money to, or indebtedness incurred by
whether funded, refunded, assumed, or otherwise, such Authority for financing or
refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad valorem
taxes upon real property in such Project shall be paid into the funds of the respective
public bodies.
Section 3.02 Issuance of TIF Indebtedness
Authority shall incur TIF Indebtedness in the form and principal amount and bearing
interest and being subject to such terms and conditions as are specified on the attached exhibit C.
No TIF Indebtedness will be issued until Redeveloper has (a) acquired fee title to the
Redevelopment Area; (b) obtained financing commitments as described in Section 5.01; and (c)
entered into a contract for construction of the Project. The Authority shall have no obligation to
find a lender or investor to acquire the TIF Indebtedness, but rather shall issue the TIF
Indebtedness to the Redeveloper upon payment of the principal amount thereof. The purchase
price of the TIF Indebtedness may be offset against the Grant described in Section 3.04 hereof, in
the sole discretion of the Authority.
The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a
limited obligation of the Authority payable exclusively from that portion of the ad valorem real
estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied,
collected and apportioned from year to year with respect to certain real estate located within the
"Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the
Authority and the Authority shall be liable for the payment thereof only out of said portion of
taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of
the State of Nebraska or of the City or the Authority (except for such receipts as have been
pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City
shall be liable for the payment thereof from any fund or source including but not limited to tax
monies belonging to either thereof (except for such receipts as have been pledged pursuant to
Section 3.03). Neither the members of the Authority's governing body nor any person executing
the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance
thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all
events no later than 15 years from the effective date set forth in Section 3.01 hereof.
Section 3.03 Pledge of TIF Revenues.
The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF
Indebtedness.
Section 3.04 Grant of Proceeds of’ TIF Indebtedness.
From the proceeds of the TIF indebtedness incurred as described on Exhibit C, the
Authority shall grant the following sums to the following entities, to wit: 100% to the
Redeveloper for Project Costs.
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Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of
Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon
certification that the Redeveloper has incurred or is obligated to incur such Project Costs which
include supporting documentation requested by Authority and shall, if requested by Redeveloper,
be made in one or more advances.
Section 3.05 Creation of Fund.
The Authority will create a special fund to collect and hold the TIF Revenues. Such
special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to
Sections 3.02 above.
ARTICLE IV
OBLIGATIONS OF REDEVELOPER
Section 4.01 Construction of Project; Insurance.
(a) Redeveloper will complete the Project and install all infrastructure, improvements,
buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper
shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct
and equip the Project. Until construction of the Project has been completed, Redeveloper shall
make reports in such detail and at such times as may be reasonably requested by the Authority as
to the actual progress of Redeveloper with respect to construction of the Project. Promptly after
completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a
Certificate of Completion. The certification by the Redeveloper shall be a conclusive
determination of satisfaction of the agreements and covenants in this Redevelopment Contract
with respect to the obligations of Redeveloper and its successors and assigns to construct the
Project. As used herein, the term “completion” shall meant substantial completion of the Project.
(b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be
required to obtain and keep in force at all times until completion of construction, policies of
insurance including coverage for contractors’ general liability and completed operations and a
penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named
as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an
owner, shall be required to purchase and maintain property insurance upon the Project to the full
insurable value thereof. This insurance shall insure against the perils of fire and extended
coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or
the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance
evidencing policies as required above. Such certificates shall state that the insurance companies
shall give the Authority prior written notice in the event of cancellation of or material change in
any of any of the policies.
(c) Redeveloper shall pay, on execution hereof the sum of $1,000.00 to the City of Grand
Island for administrative expenses related to payment of the tax increment revenue.
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Section 4.02 Cost Certification.
Redeveloper shall submit to Authority a certification of Project Costs, on or before the
issuance of the TIF Indebtedness which shall contain detail and documentation showing the
payment or obligation for payment of Project Costs specified on the attached Exhibit D in an
amount at least equal to the grant to Redeveloper pursuant to Section 3.05.
Section 4.03 Legal Costs.
Redeveloper shall pay the Authority the sum of $5,000 for the costs incurred by the
Authority associated with the issuance of the TIF Indebtedness. Redeveloper understands that
the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not
the Redeveloper.
Section 4.04 No Discrimination.
Redeveloper agrees and covenants for itself, its successors and assigns that as long as any
TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons
on account of race, sex, color, religion, national origin, ancestry, disability, marital status or
receipt of public assistance in connection with the Project. Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Project, Redeveloper will not
discriminate against any employee or applicant for employment because of race, religion, sex,
color, national origin, ancestry, disability, marital status or receipt of public assistance.
Redeveloper will comply with all applicable federal, state and local laws related to the Project.
Section 4.05 Pay Real Estate Taxes.
Redeveloper intends to create a taxable real property valuation [over and above the
valuation thereof as the same existed on January 1, 2012] of the Redevelopment Project Area of
Two Million Seven Hundred Thousand Dollars ($2,700,000) no later than no later than January
1, 2013. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor
its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the
Redevelopment Area of less than the sum of: (a) Two Million Seven Hundred Thousand Dollars
($2,700,000) and (b) the valuation of the Redevelopment Project Area as the same existed on
January 1, 2012; (2) convey the Redevelopment Area or structures thereon to any entity which
would be exempt from the payment of real estate taxes or cause the nonpayment of such real
estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area
and Project to become delinquent during the term that any TIF Indebtedness is outstanding.
Redeveloper shall pay the real property ad valorem taxes for the project for the year 2027 prior
to January 1, 2028.
Section 4.07 Assignment or Conveyance.
Any assignment or conveyance of the any portion of the Redevelopment, the Project or
any interest therein prior to the termination of the 15 year period commencing on the effective
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date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and
conditions of this Redevelopment Contract.
Section 4.08 Purchase of TIF Indebtedness.
The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount
thereof upon issuance of such debt. The Authority may provide that such purchase be offset
against the grant provided in Section 3.04 hereof.
Section 4.09 Penal Bond.
The Developer shall execute a penal bond for the Project with good and sufficient surety
to be approved by the Authority meeting the requirements of Section 18-2151, Reissue Revised
Statutes of Nebraska, as amended, on or prior to its execution of this Contract.
Section 4.10 Immigration Status.
The Redeveloper agrees that any contractor for the Project shall be required to agree to
use a federal immigration verification system (as defined in §4-114, R.S. Supp. 2009) to
determine the work eligibility status of new employees physically performing services on the
Project and to comply with all applicable requirements of §4-114, R.S. Supp. 2009.
ARTICLE V
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 5.01 Financing.
Redeveloper shall pay all Project Costs and any and all other costs related to the
Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds
of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness,
Redeveloper shall provide Authority with evidence satisfactory to the Authority that private
funds have been committed to the Redevelopment Project in amounts sufficient to complete the
Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other
amounts associated with the Project which shall include such other fees and expenses imposed
by the Authority.
ARTICLE VI
DEFAULT, REMEDIES; INDEMNIFICATION
Section 6.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VI, in the event of any failure to perform or
breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or
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any successor to such party, such party, or successor, shall, upon written notice from the other,
proceed immediately to commence such actions as may be reasonably designed to cure or
remedy such failure to perform or breach which cure or remedy shall be accomplished within a
reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or
diligently pursued, or the failure to perform or breach shall not be cured or remedied within a
reasonable time, this Redevelopment Contract shall be in default and the aggrieved party
may institute such proceedings as may be necessary or desirable to enforce its rights under this
Redevelopment Contract, including, but not limited to, proceedings to compel specific
performance by the party failing to perform on in breach of its obligations.
Section 6.02 Additional Remedies of Authority
In the event that:
(a)The Redeveloper, on successor in interest, shall fail to complete the
construction of the Project on or before January 1, 2013, or shall abandon construction
work for any period of 90 days,
(b)The Redeveloper, on successor in interest, shall fail to pay real estate taxes
or assessments on the Redevelopment Area on any part thereof or payments in lieu of
taxes pursuant to Section 4.07 when due; or
(c) There is, in violation of Section 4.08 of this Redevelopment Contract, and
such failure or action by the Redeveloper has not been cured within 30 days following
written notice from Authority, then the Redeveloper shall be in default of this
Redevelopment Contract.
In the event of such failure to perform, breach or default occurs and is not cured in the
period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages
that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this
Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness,
plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The
Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of
demand from Authority.
Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%)
over the prime rate as published and modified in the Wall Street Journal from time to time and
interest shall commence from the date that the Authority gives notice to the Redeveloper
demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Project.
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Section 6.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this Redevelopment
Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall
be in default. In such an instance, the Authority may seek to enforce the terms of this
Redevelopment Contract or exercise any other remedies that may be provided in this
Redevelopment Contract or by applicable law; provided, however, that the default covered by
this Section shall not give rise to a right or rescission on termination of this Redevelopment
Contract, and shall not be covered by the Liquidated Damages Amount.
Section 6.04 Forced Delay Beyond Party’s Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither the
Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation
of the Redevelopment Area for redevelopment, or the beginning and completion of construction
of the Project, or progress in respect thereto, in the event of forced delay in the performance of
such obligations due to unforeseeable causes beyond its control and without its fault or
negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the
Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather or delays in subcontractors due to such causes;
it being the purpose and intent of this provision that in the event of the occurrence of any such
forced delay, the time or times for performance of the obligations of the Authority or of the
Redeveloper with respect to construction of the Project, as the case may be, shall be extended for
the period of the forced delay: Provided, that the party seeking the benefit of the provisions of
this section shall, within thirty (30) days after the beginning of any such forced delay, have first
notified the other party thereto in writing, and of the cause or causes thereof and requested an
extension for the period of the forced delay.
Section 6.05 Limitations of Liability; Indemnification.
Notwithstanding anything in this Article VI or this Redevelopment Contract to the
contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their
governing bodies shall have any pecuniary obligation or monetary liability under this
Redevelopment Contract. The sole obligation of the Authority under this Redevelopment
Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds
thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the
City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF
Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or
Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any
representations, warranties or obligations hereunder. The Redeveloper releases the City and
Authority from, agrees that neither the City or Authority shall be liable for, and agrees to
indemnify and hold the City and Authority harmless from any liability for any loss or damage to
property or any injury to or death of any person that may be occasioned by any cause whatsoever
Grand Island Council Session - 6/12/2012 Page 80 / 193
pertaining to the Project.
The Redeveloper will indemnify and hold each of the City and Authority and their
directors, officers, agents, employees and member of their governing bodies free and harmless
from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including
litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or
injury, actual or claimed, of whatsoever kind or character, to property (including loss of use
thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term
of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether
on not related to the Project, or resulting from or in any way connected with specified events,
including the management of’ the Project, or in any way related to the enforcement of this
Redevelopment Contract or army other cause pertaining to the Project.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Notice Recording.
This Redevelopment Contract or a notice memorandum of this Redevelopment Contract
shall be recorded with the County Register of Deeds in which the Redevelopment Area is
located.
Section 7.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska,
including but not limited to the Act.
Section 7.03 Binding Effect; Amendment.
This Redevelopment Contract shall be binding on the parties hereto and their respective
successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area.
The Redevelopment Contract shall not be amended except by a writing signed by the party to be
bound.
Section 7.04 Third Party Enforcement,
The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the
benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the
Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment
Contract in a court of law.
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IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment
Contract as of the date and year first above written.
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST: GRAND ISLAND, NEBRASKA
_________________________________By:___________________________________
Secretary Chairman
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EIG Grand Island, LLC
By:_____________________________
Manager
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL)
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by _______________ and ________________, Chair and Secretary, respectively, of the
Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the
Authority.
__________________________________
Notary Public
Grand Island Council Session - 6/12/2012 Page 83 / 193
STATE OF NEBRASKA )
) ss.
COUNTY OF __________)
The foregoing instrument was acknowledged before me this ______ day of ______,
_____, by ___________________, Manager of EIG Grand Island, LLC, on behalf of the limited
liability company.
__________________________________
Notary Public
Grand Island Council Session - 6/12/2012 Page 84 / 193
EXHIBIT A
Lot 1 of Grand Island Mall Twelfth Subdivision in the City of Grand Island, Hall County,
Nebraska.
A-I
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EXHIBIT B
DESCRIPTION OF PROJECT
Demolition, rehabilitation and construction of a exterior façade and interior remodeling of
59,956 square feet of vacant anchor tenant space into four national tenant retail stores together
with sidewalk space and parking lot rehabilitation.
B- 1
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EXHIBIT C
TIF INDEBTEDNESS
1.Principal Amount:$850,500.00 [annual payment amounts assumed are $56,700.00]
2.Payments:Semi-annually or more frequent, with payments limited to
annual incremental taxes revenues from the project.
3. Interest Rate: Zero percent (0.00%)
4. Maturity Date:On or before December 31, 2027.
C-1
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EXHIBIT D
PROJECT COSTS
All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including:
1.Redevelopment Area rehabilitation and remodeling cost
2.Site demolition work and site preparation
3.Utility extensions, installation of gas, water, sewer and electrical lines and equipment
4.Façade improvements
5.Interior rehabilitation
6.Parking lot and sidewalk rehabilitation
D-1
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City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E5
Public Hearing on Acquisition of Utility Easement - South Side of
1221 S. Shady Bend Road - Renz
Staff Contact: Tim Luchsinger
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Council Agenda Memo
From:Robert H. Smith, Asst. Utilities Director
Meeting:June 12, 2012
Subject:Acquisition of Utility Easement – South Side of 1221 S.
Shady Bend Road – Scott and Carman Renz
Item #’s:E-5 & G-5
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Scott and
Carman Renz located along the south side of property located at 1221 South Shady Bend
Road, Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers.
Discussion
The primary electric line serving Schuchman Subdivision, Lot 1, is presently crossing over
the top of the garage of 1221 South Shady Bend Road. This easement will be used to re-route
the electric line around the garage and also provide a location for a new service to the
property to the east owned by Midland Ag Service Inc. A new building is going to be
constructed at that location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Grand Island Council Session - 6/12/2012 Page 91 / 193
Grand IslandCouncil Session - 6/12/2012Page 92 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E6
Public Hearing on Acquisition of Utility Easement - East Side of
1221 S. Shady Bend Road - Midland Ag Service, Inc.
Staff Contact: Tim Luchsinger
Grand Island Council Session - 6/12/2012 Page 93 / 193
Council Agenda Memo
From:Robert H. Smith, Asst. Utilities Director
Meeting:June 12, 2012
Subject:Acquisition of Utility Easement – East Side of 1221 S.
Shady Bend Road – Midland Ag Service, Inc.
Item #’s:E-6 & G-6
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Midland Ag
Service, Inc., located along the east side of property located at 1221 South Shady Bend Road,
Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Discussion
The primary electric line serving Schuchman Subdivision, Lot 1, is presently crossing over
the top of the garage of 1221 South Shady Bend Road. This easement will be used to re-route
the electric line around the garage and also provide a location for a new service to the
property to the east owned by Midland Ag Service Inc. A new building is going to be
constructed at that location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
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Grand IslandCouncil Session - 6/12/2012Page 95 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E7
Public Hearing on Contract Amendment to CDBG 10-ED-10
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 96 / 193
Council Agenda Memo
From:Community Development
Meeting:June 12, 2012
Subject:CDBG 10-ED-10 Contract Amendment
Item #’s:E-7 & G-12
Presenter(s):Marco Floreani
Background
The City of Grand Island along with the assistance of the Grand Island Economic
Development Corporation (GIAEDC) is seeking a contract amendment for Community
Development Block Grant 10-ED-10. The purpose of 10-ED-10 is to provide sanitary and
water extensions to Platte Valley Industrial Park-East. The city received a grant for
$935,000.000 in the form of a community development block grant in 2011. The City is
using both sanitary sewer and water funds along LB840 funds to produce a match for a
total of $1,275,000.00.
The accepted bid from Diamond Engineering Co. of Grand Island, NE for wastewater
was $484,384.60 and $778,524.96 for water. The reasoning for wastewater being so
much lower was that originally Grand Island thought a lift station would be needed.
After further investigation, a lift station is not needed at this time, leaving a project cost
savings of approximately $500,000.00. There was also a cost saving of approximately
$400,000.00 on water main; a total savings of $900,000.00.
This brings the City of Grand Island and the GIAEDC asking the State of Nebraska to
authorize the reallocation of the savings to be used to pave Blaine Street. City of Grand
Island staff and the GIAEDC recently presented the request to use savings on a paving
project to the State of Nebraska Department of Economic Development. As the block
grant is providing 43% of the project cost, there would be approximately $380,000.00
available for the paving of Blaine Street. With approval by the City Council, the City of
Grand Island and GIAEDC are optimistic their request for a contract amendment will be
granted by the State of Nebraska.
Grand Island Council Session - 6/12/2012 Page 97 / 193
Discussion
A contract amendment was prepared by community development and the estimated cost
of the paving of Blaine Street is $937,091.00 with $380,000.00 of the project cost being
funded by CDBG funds. At this time it is requested that the Council approves the
Community Development Block Grant contract amendment to reallocate savings towards
the paving of Blaine Street.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve Community Development Block Grant contract amendment
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Community Development
Block Grant contract amendment.
Sample Motion
Move to approve the Community Development Block Grant-Economic Development
Grant contract amendment for the paving of Blaine Street at the Platte Valley Industrial
Park and authorize the Mayor to sign all related documents.
Grand Island Council Session - 6/12/2012 Page 98 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E8
Public Hearing on Contract Extension and Budget Amendment for
CDBG Community Revitalization Phase II
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 99 / 193
Council Agenda Memo
From:Marco Floreani, Community Development Administrator
Meeting:June 12, 2012
Subject:Approving CDBG Community Revitalization Phase II
Contract Extension and Budget Amendment
Item #’s:E-8 & G-13
Presenter(s):Marco Floreani, Community Development Administrator
Background
The City of Grand Island is seeking a contract extension and budget amendment for
activities under the CDBG Community Revitalization Phase II Grant. The original
contract end date is June 20, 2012 and the requested contract extension is August 30,
2013. The City of Grand Island is requesting an extension because the project has
changed in nature and scope. The initial intent of the Phase II grant was to use the funds
for rehabilitation of at least 9 owner-occupied homes in block groups 11and 12 (67.1%
LMI residents). City staff changes delayed the use of the funds for that purpose. The City
staff recommends that the project be shifted from owner-occupied rehab to public
infrastructure and that the funds are used to pay for a portion of a sewer main project
along 4th and 5th Street from Eddy to Vine Street. The estimated total project costs are
$1,332,000 with cost to rehab the existing sewer line of $615,000.
Discussion
At this time the Council is requested to approve the Community Development Block
Grant-Community Revitalization Phase II contract extension and budget amendment to
fund sewer improvements along 4th and 5th street from Eddy to Vine Street.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Community Development Block Grant-contract
extension and budget amendment
2. Refer the issue to a Committee
Grand Island Council Session - 6/12/2012 Page 100 / 193
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Community Development
Block Grant contract extension and budget amendment.
Sample Motion
Move to approve the Community Development Block Grant contract extension and
budget amendment.
Grand Island Council Session - 6/12/2012 Page 101 / 193
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BLOCK GROUP 11 and 12 ²
BLOCK GROUP 12
BLOCK GROUP 11
Grand Island Council Session - 6/12/2012 Page 102 / 193
Grand IslandCouncil Session - 6/12/2012Page 103 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item E9
Public Hearing on CDBG 2011 Community Revitalization Phase
III Application
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 104 / 193
Council Agenda Memo
From:Marco Floreani, Community Development Administrator
Meeting:June 12, 2012
Subject:Approving CDBG 2011 Community Revitalization Phase
III Application
Item #’s:E-9 and G-14
Presenter(s):Marco Floreani, Community Development Administrator
Background
For Phase III Community Revitalization, the City is applying for a grant to carry out the
third phase of a Comprehensive Revitalization Strategy for a selected low-to-moderate
income area of Grand Island. The grant funds would contribute to a public works project
to install a new 18-inch sewer line along 5th Street to bypass the main sewer flow around
the project area and rehab the existing sewer line with a cured-in-place pipe (CIPP) liner.
After rehabilitation, the existing sewer line would serve as a local collector for just the
project area. There are also several areas of the existing sewer lines that would need spot
repairs completed before the CIPP liner was installed. Details of the project can be found
in the Technical Memorandum #7A 4th to 5th Street/Eddy to Vine Street Rehabilitation.
The
Discussion
At this time it is requested that Council approve the Community Development Block
Grant-Community Revitalization Phase III Application.
Grand Island Council Session - 6/12/2012 Page 105 / 193
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Community Development Block Grant-contract
extension and budget amendment
2. Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Community Development
Block Grant contract extension and budget amendment.
Sample Motion
Move to approve the Community Development Block Grant contract extension and
budget amendment.
Grand Island Council Session - 6/12/2012 Page 106 / 193
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BLOCK GROUP 11 and 12 ²
BLOCK GROUP 12
BLOCK GROUP 11
Grand Island Council Session - 6/12/2012 Page 107 / 193
Grand IslandCouncil Session - 6/12/2012Page 108 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G1
Approving Minutes of May 22, 2012 Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 109 / 193
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 22, 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 May 22, 2012. Notice of the meeting was given in The Grand Island Independent on
May 16, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. The
following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Finance Director
Jaye Monter.
INVOCATION was given by Pastor Brad Jenkins, Calvary Baptist Church, 3221 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Danny Gamboa.
PUBLIC HEARINGS:
Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2882,
1404 West 2nd Street for an Addition to Class “B-86850” Liquor License. City Clerk RaNae
Edwards reported that an application for an addition to Class “B-86850” Liquor License had
been received from Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd
Street. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on April 27, 2012; notice to the general
public of date, time, and place of hearing published on May 12, 2012; notice to the applicant of
date, time, and place of hearing mailed on April 27, 2012; along with Chapter 4 of the City Code.
Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 315 Wyandotte Street (School
District of Grand Island). Utilities Director Tim Luchsinger reported that acquisition of real
estate located at 315 Wyandotte Street was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers for the purpose of
serving the electrical feed to Starr school which needed to be replaced, along with a loop feed to
the transformer. Staff recommended approval. No public testimony was heard.
Public Hearing on Request to Rezone Property Consisting of 2.86 Acres Located East of
Pennsylvania and South of Idaho Avenue and Lots 5-7 of Woodland Park Eleventh Subdivision
from R1-Suburban Density Residential to R2-Low Density Residential. Regional Planning
Director Chad Nabity reported that a request had been received to rezone properties located east
of Pannsylvania and south of Idaho Avenue and Lots 507 of Woodland Park Eleventh
Subdivision from R1 – Suburban Density Residential to R2 - Low Density Residential. This
change would allow the subdivision of this property, approximately 2.86 acres, to be consistent
Grand Island Council Session - 6/12/2012 Page 110 / 193
Page 2, City Council Regular Meeting, May 22, 2012
with the current market conditions. Staff recommended approval. No public testimony was
heard.
Public Hearing on Request to Rezone Property Consisting of 5.789 Acres Located East of New
Mexico Avenue and North of Idaho Avenue of Woodland Park Thirteenth Subdivision from R1-
Suburban Density Residential to R2-Low Density Residential. Regional Planning Director Chad
Nabity reported that a request had been received to rezone properties located east of New
Mexico Avenue and North of Idaho Avenue of Woodland Park Thirteenth Subdivision from R1
– Suburban Density Residential to R2 - Low Density Residential. This change would allow the
subdivision of this property, approximately 5.789 acres, to be consistent with the current market
conditions. Staff recommended approval. No public testimony was heard.
Public Hearing on Proposed Economic Development Program.
The following people spoke in support:
Ann Martin, 320 Amick Avenue, Doniphan, Chairman Grand Island Economic
Development Corporation
Marlan Ferguson, 2808 Apache Road
Cindy Johnson, 309 West 2nd Street, Chamber of Commerce President
Chuck Costello, 3939 Chelsea Place, Part-owner of Rogue Manufacturing
Larry Tourangeau, 311 east 3rd Street commented on checks and balances.
No further public testimony was heard.
RESOLUTION:
#2012-137 – Consideration of Approving Redemption of Series 1999 Water Revenue Bonds.
Utilities Director Tim Luchsinger reported that $1,095,000 remains outstanding of the Series
1999 Water Revenue Bonds. Due to the low interest rates, staff recommended refinancing these
bonds and funding an additional $3,000,000 for the capital cost of the uranium removal
equipment, extending the payoff from 2014 to 2027.
Bruce Lefler, Ameritas Investment Corp., Omaha, NE reviewed the refunding bond outlining the
interest rates and maturity date. Comments were made by Council that this was a great
opportunity for the City to save money.
Motion by Haase, second by Carney to approve Resolution #2012-137. Upon roll call vote, all
voted aye. Motion adopted.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9382 – Consideration of Request to Rezone Property Consisting of 2.86 Acres Located
East of Pennsylvania and South of Idaho Avenue and Lots 5-7 of Woodland Park
Eleventh Subdivision from R1-Suburban Density Residential to R2-Low Density
Residential
Grand Island Council Session - 6/12/2012 Page 111 / 193
Page 3, City Council Regular Meeting, May 22, 2012
#9383 – Consideration of Request to Rezone Property Consisting of 5.789 Acres located
East of New Mexico Avenue and North of Idaho Avenue of Woodland Park Thirteenth
Subdivision from $1-Suburban Density Residential to R2-Low Density Residential
#9384 – Consideration of Vacation of Utility & Sidewalk Easements Located in
Westwood Park Eleventh Subdivision (Tim C. Plate)
#9385 – Consideration of Authorization of Series 2012 Water Revenue Bonds
#9386 – Consideration of Amending Chapter 16 of the Grand Island City Code Relative
to Fireworks
#9387 – Conveyance of Real Estate and Granting of Easement for the BNSF Section
Track Project
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 Niemann seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9382 – Consideration of Request to Rezone Property Consisting of 2.86 Acres Located East of
Pennsylvania and South of Idaho Avenue and Lots 5-7 of Woodland Park Eleventh
Subdivision from R1-Suburban Density Residential to R2-Low Density Residential
#9383 – Consideration of Request to Rezone Property Consisting of 5.789 Acres located
East of New Mexico Avenue and North of Idaho Avenue of Woodland Park Thirteenth
Subdivision from $1-Suburban Density Residential to R2-Low Density Residential
Ordinances #9382 and #9383 related to the aforementioned Public Hearing.
Motion by Donaldson, second by Dugan to approve Ordinances #9382 and #9383.
City Clerk: Ordinances #9382 and #9383 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 #9382 and #9383 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 #9382 and #9383 are declared to be lawfully adopted upon publication as required by
law.
#9384 – Consideration of Vacation of Utility & Sidewalk Easements Located in
Westwood Park Eleventh Subdivision (Tim C. Plate)
Public Works Director John Collins reported that the developer of Westwood Park Eleventh
Subdivision had requested that two 20’ wide utility easements and one 10’ sidewalk easement be
vacated to allow for redesign of the development.
Motion by Haase, second by Niemann to approve Ordinance #9384.
Grand Island Council Session - 6/12/2012 Page 112 / 193
Page 4, City Council Regular Meeting, May 22, 2012
City Clerk: Ordinance #9384 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 #9384 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 #9384 is declared to be lawfully adopted upon publication as required by law.
#9385 – Consideration of Authorization of Series 2012 Water Revenue Bonds
Utilities Director Tim Luchsinger reported that this was issuance of the refunding revenue bonds
Council approved earlier which included uranium removal equipment.
Motion by Haase, second by Minton to approve Ordinance #9385.
City Clerk: Ordinance #9385 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 #9385 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 #9385 is declared to be lawfully adopted upon publication as required by law.
#8386 – Consideration of Amending Chapter 16 of the Grand Island City Code Relative
to Fireworks
Fire Operations Division Chief Tim Hiemer reported that Ordinance #8386 would amend
Chapter 16, Article II of the Grand Island City Code relative to fireworks. Beginning 2013
several changes were mentioned such as fireworks storage locations, liability policy, sales and
discharge times.
Guillermo Pena, 311 East 3rd Street, Apt. 18 and Larry Tourangeau, 311 East 3rd Street spoke in
opposition. Tom Towne, 1609 Meadow Road spoke in support.
Council thanked Tim Hiemer and the vendors for the collaborative efforts to solve the fireworks
issues. Police Chief Steve Lamken answered questions regarding enforcement.
Motion by Ramsey, second by Gilbert to approve Ordinance #9386.
City Clerk: Ordinance #9386 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 Haase, carney,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmembers
Niemann and Minton voted no. Motion adopted.
Grand Island Council Session - 6/12/2012 Page 113 / 193
Page 5, City Council Regular Meeting, May 22, 2012
City Clerk: Ordinance #9386 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 Haase, carney,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmembers
Niemann and Minton voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9386 is declared to be lawfully adopted upon publication as required by law.
#9387 – Conveyance of Real Estate and Granting of Easement for the BNSF Second
Track Project
Utilities Director Tim Luchsinger reported this was a correction to the legal description of
previously adopted easements.
Motion by Gilbert, second by Ramsey to approve Ordinance #9387.
City Clerk: Ordinance #9387 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 #9387 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 #9387 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Ramsey, second by Niemann to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 8, 2012 City Council Regular Meeting.
Approving Minutes of May 15, 2012 City Council Study Session.
Approving Appointment of James Phipps to the Civil Service Commission.
Approving Request from James Bryant, 2830 Fort Worth Avenue for Liquor Manager
Designation for Whiskey Creek Steakhouse, 1016 Diers Avenue.
Approving Request from Nebraskaland Distributors, LLC dba Nebraskaland Distributors, 4845
Juergen Road for a Class “X” Liquor License and Liquor Manager Designation for Wayne
Gappa, 11 East 48th Street, Kearney, NE.
#2012-126 – Approving Final Plat and Subdivision Agreement for Westwood Park 12th
Subdivision. It was noted that Tim C. Plate owner, had submitted the Final Plat and Subdivision
Agreement for Westwood Park 12th Subdivision for the purpose of creating 26 lots on property
located north of Husker Highway and west of Sandalwood Drive containing 8.765 acres.
#2012-127 – Approving Final Plat and Subdivision Agreement for Woodland Park 12th
Subdivision. It was noted that Hastings Ventures, LLC owner, had submitted the Final Plat and
Grand Island Council Session - 6/12/2012 Page 114 / 193
Page 6, City Council Regular Meeting, May 22, 2012
Subdivision Agreement for Woodland Park 12th Subdivision for the purpose of creating 32 lots
on property located north of Capital Avenue and south of Vermont Avenue containing 8.63
acres.
#2012-128 – Approving Preliminary Plat, Final Plat and Subdivision Agreement for Woodland
Park 13th Subdivision. It was noted that Hastings Ventures, LLC owner, had submitted the
Preliminary Plat, Final Plat and Subdivision Agreement for Westwood Park 13th Subdivision for
the purpose of creating 20 lots on property located north of Texas Avenue and south of Arizona
Avenue containing 5.79 acres.
#2012-129 – Approving Acquisition of Utility Easement located at 315 Wyandotte Street
(School District of Grand Island).
#2012-130 – Approving Contract for Southwest Power Pool Participation Services with Tenaska
of Arlington, Texas.
#2012-131 – Approving Integrated Resource Plan – 2012.
#2012-132 – Approving Supplemental Agreements with Burlington Northern Santa Fe Railroad
for the Double Track Project – Mile Post 94.62.
#2012-133 – Approving Change Order #1 for Pipe Painting and Insulation at Platte Generating
Station with O’Neill Transportation and Equipment, LLC of Grand Island, Nebraska for an
Increase of $4,419.09 and a Revised Contract Amount of $55,074.09.
#2012-134 – Approving Statement of Intent for Financial Assurance for Radio Active Material
License.
#2012-135 – Approving Renewal of Small Government Enterprise License Agreement with
Environmental Systems Research Institute (ESRI) of Redlands, California in an Amount of
$105,000 for three years.
RESOLUTIONS:
#2012-136 – Consideration of Request from Casey’s Retail Company dba Casey’s General Store
#2882, 1404 West 2nd Street for an Addition to Class “B-86850” Liquor License. This item is
related to the aforementioned Public Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2012-136 contingent upon
final inspections. Upon roll call vote, all voted aye. Motion adopted.
#2012-138 – Consideration of Approving Election for Consideration of an Economic
Development Program. This item is related to the aforementioned Public Hearing. City
Administrator Mary Lou Brown reported that almost ten years ago, the citizens of Grand Island
voted to approve the LB 840 Grand Island Economic Development Program. In order to continue
the program, the citizens of Grand Island would need to vote again. Staff recommended Council
approve the Economic Development Program and November 2012 general election ballot
language. Explained were the changes to the current plan.
Grand Island Council Session - 6/12/2012 Page 115 / 193
Page 7, City Council Regular Meeting, May 22, 2012
Comments were made by Council supporting Resolution E2012-138.
Motion by Gilbert, second by Niemann to approve Resolution #2012-138. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gericke to approve the Claims for the period of May 9, 2012
through May 22, 2012, for a total amount of $3,880,740.82. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:00 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/12/2012 Page 116 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G2
Approving Minutes of June 5, 2012 City Council Special Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 117 / 193
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL MEETING
June 12, 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 June 12, 2012. Notice of the meeting was given in The Grand Island Independent on
June 2, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. Councilmember
Vaughn Minton was absent. The following City Officials were present: City Administrator Mary
Lou Brown, City Clerk RaNae Edwards, and City Attorney Robert Sivick,.
The PLEDGE OF ALLEGIANCE was said.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to
Executive Session at 7:03 p.m. for the purpose of a strategy session with respect to pending
litigation. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Dugan to return to Regular
Session at 9:20 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/12/2012 Page 118 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G3
Approving Appointment of Angela Aldana and Re-Appointments
of Rob Czaplewski and Kristine McElligott to the Library Board
The Mayor has submitted the appointment of Angela Aldana to replace Lori Hock and the re-
appointments of Rob Czaplewski and Kristine McElligott to the Library Board. These appointments
would become effective July 1, 2012 upon approval by the City Council and would expire on June 30,
2016.
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 119 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G4
Approving Request from Charles Encinger, 4713 Calvin Drive for
Liquor Manager Designation for the Platt Duetsche, 1315 West
Anna Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 120 / 193
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 12, 2012
Subject:Request from Charles Encinger, 4713 Calvin Drive for
Liquor Manager Designation for the Platt Duetsche, 1315
West Anna Street
Item #’s:G-4
Presenter(s):RaNae Edwards, City Clerk
Background
Charles Encinger, 4713 Calvin Drive has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Class “C-01472”
Liquor License for the Platt Duetsche, 1315 West Anna Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request.
2.Forward the request with no recommendation.
3.Take no action on the request.
Grand Island Council Session - 6/12/2012 Page 121 / 193
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Charles Encinger, 4713 Calvin Drive for Liquor
Manager Designation in conjunction with the Class “C-01472” Liquor License for the
Platt Duetsche, 1315 West Anna Street with the stipulation that Mr. Encinger complete a
state approved alcohol server/seller training program.
Grand Island Council Session - 6/12/2012 Page 122 / 193
05/29/12 Grand Island Police Department 450
15:44 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 15:24:26 05/24/2012
Occurred before : 15:24:26 05/24/2012
When reported : 15:24:26 05/24/2012
Date disposition declared : 05/25/2012
Incident number : L12053793
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 1315 Anna St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 13680
Grand Island Council Session - 6/12/2012 Page 123 / 193
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
---------------------------------------------------------------------
NM 8680 05/29/12 Encinger, Charles R Liquor Manager
NM 60755 05/29/12 Encinger, Mary E Charles' Wife
NM 78828 05/29/12 Platt Duetsche Society, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor Manager Application from Charles Encinger
for the
Platt Duetsche.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
Grand Island Council Session - 6/12/2012 Page 124 / 193
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 15:10:54 05/29/2012
318
Grand Island Police Department
Supplemental Report
Date, Time: Tue May 29 15:11:06 CDT 2012
Reporting Officer: Vitera
Unit- CID
Charles Encinger is applying to be the liquor manager at the Platt
Duetsche.
According to the application, Charles and his wife Mary have lived in
Grand
Island since at least 1990. No convictions were disclosed.
I checked Spillman and NCJIS looking for undisclosed convictions. No
potential
convictions were located in Spillman or NCJIS for either party. I also
checked
an online law enforcement-only database which contains personal,
business, and
other civil information on people. Nothing of interest was found.
Based solely on their lack of criminal history and nothing negative in
the
online database, the Grand Island Police Department has no objection to
Charles
Encinger becoming the liquor manager at the Platt Duetsche.
Grand Island Council Session - 6/12/2012 Page 125 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G5
#2012-139 - Approving Acquisition of Utility Easement - South
Side of 1221 S. Shady Bend Road - Renz
This item relates to the aforemetnioned Public Hearing item E-5.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/12/2012 Page 126 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-139
WHEREAS, a public utility easement is required by the City of Grand Island,
from Scott C. and Carman K. Renz, to survey, construct, inspect, maintain, repair, replace,
relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines
and transformers; and;
WHEREAS, a public hearing was held on June 12, 2012, for the purpose of
discussing the proposed acquisition of an easement twenty feet in width, the centerline of which
is located in the City of Grand Island, Hall County, Nebraska; and more particularly described as
follows:
Commencing at the southwest corner of the Southwest Quarter of the Northwest
Quarter (SW 1/4, NW 1/4), Section Twenty Four (24), Township Eleven (11)
North, Range Nine (9) West; thence on an assumed bearing of N00°00’00”E
along the westerly line of said Southwest Quarter of the Northwest Quarter
(SW1/4, NW1/4), a distance of two hundred sixty (260.0) feet; thence
S89°56’58”E along the southerly line of a tract of land described in Document
200706312 recorded in the Register of Deeds Office, Hall County, Nebraska, a
distance of thirty three (33.0) feet to a point on the easterly right-of-way line of
Shady Bend Road, being the ACTUAL Point of Beginning; thence continuing
S89°56’58”E along the southerly line of the said tract of land, a distance of four
hundred ninety five (495.0) feet; thence N00°00’00”E along the easterly line of
said tract of land, a distance of twenty (20.0) feet; thence N89°56’58”W, a
distance of seventy three (73.0) feet; thence N00°00’00”E, a distance of five (5.0)
feet; thence N89°56’58”W, a distance of five (5.0) feet; thence S00°00’00”W, a
distance of five (5.0) feet; thence N89°56’58”W, a distance of four hundred
seventeen (417.0) feet to a point on the easterly right-of-way line of said Shady
Bend Road; thence S00°00’00”W, along the easterly right-of-way line of said
Shady Bend Road, a distance of twenty (20.0) feet to the said Point of Beginning.
The above-described easement and right-of-way containing 0.23 acres, more or
less, as shown on the plat dated 5/16/12, marked Exhibit “A” attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from Scott C. and Carman K. Renz, on
the above-described tract of land.
- - -
Grand Island Council Session - 6/12/2012 Page 127 / 193
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 128 / 193
Grand IslandCouncil Session - 6/12/2012Page 129 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G6
#2012-140 - Approving Acquisition of Utility Easement - East Side
of 1221 S. Shady Bend Road - Midland Ag Service, Inc.
This item relates to the aforemetnioned Public Hearing item E-6.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/12/2012 Page 130 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-140
WHEREAS, a public utility easement is required by the City of Grand Island,
from Midland Ag Service, Inc., to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on June 12, 2012, for the purpose of
discussing the proposed acquisition of an easement twenty feet in width, the centerline of which
is located in the City of Grand Island, Hall County, Nebraska; and more particularly described as
follows:
Commencing at the southwest corner of the Southwest Quarter of the Northwest
Quarter (SW 1/4, NW 1/4), Section Twenty Four (24), Township Eleven (11)
North, Range Nine (9) West; thence on an assumed bearing of N00°00’00”E
along the westerly line of said Southwest Quarter of the Northwest Quarter (SW
1/4, NW 1/4), a distance of two hundred sixty (260.0) feet; thence S89°56’58”E
along the southerly line of a tract of land described in Document 200706312
record in the Register of Deeds Office, Hall County, Nebraska, a distance five
hundred twenty eight (528.0) feet to the ACTUAL Point of Beginning; thence
continuing S89°56’58”E”, a distance of thirty five (35.0); thence N00°00’00”E, a
distance of one hundred seventy five (175.0) feet; thence N89°56’58”W, a
distance of thirty five (35) feet to the point on the easterly line of Lot One (1)
Schuchman Subdivision; thence S00°00’00’W along the easterly line of said Lot
One (1) Schuchman Subdivision and the easterly line of said tract of land
described in Document 200706312, a distance of twenty (20.0) feet; thence
S89°56’58”E, a distance of fifteen (15.0) feet; thence S00°00’00”W, a distance of
one hundred thirty five (135.0) feet; thence, N89°56’58”W, a distance of fifteen
(15.0) feet to a point of the easterly line of said tract of land described in
Document 200706312; thence S00°00’00”W along the easterly line of said tract
of land, a distance of twenty (20.0) feet to the said Point of Beginning.
The above-described easement and right-of-way containing 0.094 acres, more or
less, as shown on the plat dated 5/16/2012, marked Exhibit “A” attached hereto
and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from Midland Ag Service, Inc., on the
above-described tract of land.
- - -
Grand Island Council Session - 6/12/2012 Page 131 / 193
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 132 / 193
Grand IslandCouncil Session - 6/12/2012Page 133 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G7
#2012-141 - Approving Bid Award - Turbine Generator Parts -
Platte Generating Station
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 6/12/2012 Page 134 / 193
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:June 12, 2012
Subject:Turbine Generator Parts
Item #’s:G-7
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
A major inspection and overhaul of the turbine generator at the Platte Generating Station
is performed every five years. The next overhaul is scheduled for the fall of this year.
During this inspection, the turbine generator is completely disassembled and all
components are cleaned, inspected, repaired or replaced as necessary. During the 2007
inspection it was recommended that the Stage 10 turbine blades and the slip ring
assembly be replaced.
Specifications were developed by the plant staff for the replacement parts. These parts are
to be installed by the turbine overhaul contractor
Discussion
The specifications for the Turbine Generator Parts were issued for bid to three potential
bidders and only one response was received. The engineer’s estimate for these parts is
$242,000.00.
Bidder Bid Price
Argo Turboserve Corporation $224,171.00
Engineering Staff reviewed the bid for compliance with the City’s detailed specifications.
The bid from Argo Turboserve Corporation is compliant with the specifications and has
no exceptions. Argo Turboserve Corporation is the original equipment manufacturer for
General Electric.
Grand Island Council Session - 6/12/2012 Page 135 / 193
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 Turbine Generator Parts bid
to Argo Turboserve Corporation of Lyndhurst, New Jersey, as the low responsive bidder,
with the bid in the amount of $224,171.00.
Sample Motion
Move to approve the bid from Argo Turboserve Corporation in the amount of
$224,171.00 for Turbine Generator Parts for the Platte Generation Station.
Grand Island Council Session - 6/12/2012 Page 136 / 193
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:May 29, 2012 at 2:00 p.m.
FOR:Turbine Generator Parts
DEPARTMENT:Utilities
ESTIMATE:$242,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:May 9, 2012
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:Argo Turboserve Corp.
Lyndhurst, NJ
Bid Security:$11,200
Exceptions:None
Bid Price:
Material:$209,508
Labor:$
Sales Tax:$14,863
Total Bid:$224,171
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Lynn Mayhew, PGS Utilities Director
P1556
Grand Island Council Session - 6/12/2012 Page 137 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-141
WHEREAS, the City of Grand Island invited sealed bids for Turbine Generator
Parts according to plans and specifications on file with the Utilities Department; and
WHEREAS, on May 29, 2012, bids were received, opened and reviewed; and
WHEREAS, Argo Tubroserve Corporation of Lyndhurst, New Jersey, 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 $224,171.00;
and
WHEREAS, the bid of Argo Turboserve Corporation’s bid is less than the
estimate for the Turbine Generator Parts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Argo Turboserve
Corporation in the amount of $224,171.00, for Turbine Generator Parts, is hereby approved as
the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 138 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G8
#2012-142 - Approving Bid Award - Turbine Generator Inspection
& Repair - Technical Representative
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 6/12/2012 Page 139 / 193
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney
Meeting:June 12, 2012
Subject:Turbine Generator Inspection and Repair – Technical
Representative
Item #’s:G-8
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
A major inspection and overhaul of the turbine generator at the Platte Generating Station
is performed every five years. The next overhaul is scheduled for the fall of this year.
During this inspection, the turbine generator is completely disassembled and all
components are cleaned, inspected, repaired or replaced as necessary.
In addition to obtaining the services of a specialized contractor to perform the overhaul, a
contractor specializing in providing technical oversight and monitoring the work of the
overhaul contractor is required. The contractor must have access to the technical
specifications and have personnel who have hands-on experience with the specific
equipment. This allows plant management staff constant monitoring of the overhaul
contractors work, and someone to interpret technical information and provide
recommendations for issues that may come up during the inspection.
Specifications were developed by the plant staff to hire a Technical Representative to
monitor the work of the overhaul contractor and technical assistance to plant management
staff.
Discussion
The specification for the Turbine Generator Inspection and Repair Technical Advisor was
issued for bid to six potential bidders and five bids were received. The engineer’s
estimate for this service is $110,000.
Grand Island Council Session - 6/12/2012 Page 140 / 193
Bidders Bid Price
S.T. Cotter Turbine Services, Inc.$60,651.31
Power Generation Service, Inc.$69,300.00
Elliott OnSite Services $74,825.00
Mechanical Dynamics & Analysis $84,509.00
HPI, LLC $99,887.00
Engineering staff reviewed the bids for compliance with the City’s detailed
specifications. The bid from S.T. Cotter Turbine Services, Inc., is compliant with the
specifications and has no exceptions.
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 bid for Turbine Generator
Inspection and Repair – Technical Advisor, to S.T. Cotter Turbine Services, Inc., of
Clearwater, Minnesota, as the low bidder, in the amount of $60,651.31.
Sample Motion
Move to approve the bid from S.T. Cotter Turbine Services, Inc., for Turbine Generator
Inspection and Repair – Technical Advisor in the amount of $60,651.31.
Grand Island Council Session - 6/12/2012 Page 141 / 193
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:May 29, 2012 at 2:15 p.m.
FOR:Turbine Generator Inspection & Repair
DEPARTMENT:Utilities
ESTIMATE:$110,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:May 9, 2012
NO. POTENTIAL BIDDERS:6
SUMMARY
Bidder:S.T. Cotter Turbine Services, Inc.Power Generation Service, Inc.
Clearwater, MN Anoka, MN
Bid Security:International Fidelity Insurance Co.RLI Insurance Co.
Exceptions:None Exception Noted
Bid Price:
Material:$
Labor:$56,683.47 $69,300.00
Sales Tax:$3,967.84
Total Bid:$60,651.31 $69,300.00
Bidder:Elliott On Site Services Mechanical Dynamics & Analysis
Jeannette, PA Latham, NY
Bid Security:Great American Insurance RLI Insurance Co.
Exceptions:None
Bid Price:
Material:$
Labor:$74,825.00 $84,509.00
Sales Tax:$
Total Bid:$74,825.00 $84,509.00
Bidder:HPI, LLC
Grand Island Council Session - 6/12/2012 Page 142 / 193
Houston, TX
Bid Security:Cahier’s Check
Exceptions:None
Bid Price:
Material:$
Labor:$93,352.00
Sales Tax:$ 6,535.00
Total Bid:$99,887.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Lynn Mayhew, Assistant Utilities Director
Karen Nagel, Utilities Secretary
P1556
Grand Island Council Session - 6/12/2012 Page 143 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-142
WHEREAS, the City of Grand Island invited sealed bids for Turbine Generator
Inspection and Repair – Technical Representative, according to plans and specifications on file
with the Utilities Department; and
WHEREAS, on May 29, 2012, bids were received, opened and reviewed; and
WHEREAS, S.T. Cotter Turbine Services, Inc., of Clearwater, Minnesota,
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 $60,651.31; and
WHEREAS, the bid of S.T. Cotter Turbine Services, Inc., is less than the estimate
for the Turbine Generator Inspection and Repair – Technical Representative.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of S.T. Cotter Turbine
Services, Inc., in the amount of $60,651.31, for Turbine Generator Inspection and Repair –
Technical Representative, is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 144 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G9
#2012-143 - Approving Coal Marketing Services with Western
Fuels Association
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 6/12/2012 Page 145 / 193
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:June 12, 2012
Subject:Approving Coal Marketing Services with Western Fuels
Association
Item #’s:G-9
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Since 1987, coal and freight contracts for fuel at the Platte Generating Station have been
solicited and negotiated by the team of Gary Mader (Utilities Director), Tim Luchsinger
(Assistant Utilities Director), Keith Sinor (City Attorney and later outside consultant),
and the City Attorney’s office. These contracts were typically done on a bi-annual basis
and involved monitoring market conditions, preliminary contact with suppliers,
solicitation of requests for bids, and negotiation with bidders.
The current coal contract expires at the end of this year, with the railroad freight contract
expiring at the end of 2013. As a result of retirements, the only remaining member of this
team is Tim Luchsinger, Utilities Director, and he is the only City staff member with
experience in these types of contracts. To obtain qualified assistance and allow new City
staff time to gain experience in these transactions, Utilities management requested a
proposal from Western Fuels Association, a not-for-profit cooperative formed by public
power utilities to provide coal and freight management services. Nebraska members
include Nebraska Public Power District, Lincoln Electric System, and Fremont Utilities.
To provide fuel management services, WFA requires Grand Island to become a Class
“C”, or non-voting member, and pay an annual fee as provided for in the separately
attached confidential agreement. This fee is approximately 0.3% of the delivered coal
cost to PGS. The fuel management services would include soliciting coal that meets PGS
requirements as part of their bulk solicitation for their other members, and providing a
recommended purchase agreement meeting the procurement policies of the City. The
final agreement would be a contract negotiated between the City and the coal supplier
and presented for consideration by Council. Upon approval of the coal supply contract,
Grand Island Council Session - 6/12/2012 Page 146 / 193
WFA would also manage scheduling of coal deliveries with plant staff, the coal supplier,
and the railroad.
Discussion
Western Fuels Association has a full-time professional staff that monitors coal market
conditions and tests the market several times a year with multi-million ton solicitations.
The Utilities Department requires around 350,000 tons of coal per year and would be in a
position to obtain more favorable coal pricing by being included in these large
transactions, which would allow our electric rates to remain competitive with regional
power producers.
Utilities and Legal staff have reviewed the proposed agreement and the membership
bylaws from WFA, and recommend that the Mayor be authorized to execute the Services
Agreement with Western Fuels Association of Denver, Colorado for fuel management
services, which includes becoming a Class “C” member.
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 authorize the Mayor to execute the
Services Agreement with Western Fuels Association of Denver, Colorado, for fuel
management services, which includes Grand Island becoming a Class “C” member WFA.
Sample Motion
Move to authorize the Mayor to execute the Services Agreement with Western Fuels
Association of Denver, Colorado, for fuel management services, which includes Grand
Island becoming a Class “C” member of WFA.
Grand Island Council Session - 6/12/2012 Page 147 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-143
WHEREAS, the current coal supplier contract expires at the end of this year; and
WHEREAS, to obtain qualified assistance in freight negotiations and the purchase
of coal for the Platte Generating Station; and
WHEREAS, Utilities management requested a proposal from Western Fuels
Association to provide coal and freight management services; and
WHEREAS, Grand Island will become a Class “C”, or non-voting member, and
pay an annual fee of approximately 0.3% of the delivered coal cost to Platte Generating Station
as provided for in the agreement; and
WHEREAS, Utilities Department and Legal staff have reviewed the agreement
and recommend that it be executed by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, the Services Agreement with Western
Fuels Association, is hereby approved, and the Mayor is authorized to sign the agreement on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 148 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G10
#2012-144 - Approving Change Order No. 2 for Moores Creek
Drain Extension - Old Potash Crossing; Drainage Project No.
2008-D-2
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 6/12/2012 Page 149 / 193
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:June 12, 2012
Subject:Approving Change Order No. 2 for Moores Creek Drain
Extension – Old Potash Crossing; Drainage Project No.
2008-D-2
Item #’s:G-10
Presenter(s):John Collins, Public Works Director
Background
Midlands Contracting, Inc., of Kearney, Nebraska was awarded a $166,805.00 contract
by the City Council on September 13, 2011 to extend the last constructed segment of the
Moores Creek Drainway to the south under Old Potash Highway.
On January 10, 2012, by Resolution No. 2012-10, City Council approved Change Order
No. 1, which addressed utility conflicts. The main conflict involved the lowering of a 16”
water main. These items were not included in the original bid documents, but are
necessary to complete the project. Change Order No. 1 increased this project cost by
$43,560.00, for a total contract amount of $210,365.00.
The Moores Creek Drainway is one portion of a series of open ditches, detention cells
and storm sewer that were proposed in a 1975 study to provide flood relief to urbanized
areas in western Grand Island. Future extensions of this drainway will be constructed
west and south beyond Engleman Road and Stolley Park Road. The Moores Creek Drain
Extension project begins south of Old Potash Highway on the east side of North Road,
and ends approximately 500’ north.
Discussion
Change Order No. 2 provides for a driveway to the water storage tanks at Roger’s
Reservoir. Change Order No. 2 will increase this project cost by $2,250.00, for a total
contract amount of $212,615.00.
Grand Island Council Session - 6/12/2012 Page 150 / 193
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. 2 for the
Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/12/2012 Page 151 / 193
City of Grand Island CHANGE ORDER NUMBER 2
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: June 12, 2012
PROJECT: Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No.
2008-D-2
CONTRACTOR: Midlands Contracting, Inc.
CONTRACT DATE: September 13, 2011
This change order allows for placement of limestone on the driveway to the water tanks at
Roger’s Reservoir.
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order ………………………………………………$210,365.00
Net Increase/Decrease Resulting from this Change Order……………………………..$ 2,250.00
Revised Contract Price Including this Change Order………………………………$212,615.00
Approval Recommended:
By__________________________________
John Collins, Public Works Director
Date
The Above Change Order Accepted:Approved for the City of Grand Island:
Midlands Contracting, Inc. By_________________________________
Contractor Jay Vavricek, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Grand Island Council Session - 6/12/2012 Page 152 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-144
WHEREAS, on September 13, 2011, by Resolution 2011-244, the City of Grand
Island awarded Midlands Contracting, Inc. of Kearney, Nebraska the contract in the amount of
$166,805.00 for the Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No.
2008-D-2; and
WHEREAS, on January 10, 2012, by Resolution 2012-10, the City of Grand
Island approved Change Order No. 1 for such project, in the amount of $43,560.00 to address
utility conflicts; and
WHEREAS, it has been determined that modifications to the work to be
performed by Midlands Contracting, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 2;
and
WHEREAS, the result of such modifications will increase the contract by the
amount of $2,250.00, for a total contract price of $212,615.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 2 between the City of Grand Island and
Midlands Contracting, Inc. of Kearney, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 153 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G11
#2012-145 - Approving Certificate of Final Completion for Moores
Creek Drain Extension - Old Potash Crossing; Drainage Project
No. 2008-D-2
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 6/12/2012 Page 154 / 193
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:June 12, 2012
Subject:Approving Certificate of Final Completion for Moores
Creek Drain Extension - Old Potash Crossing; Drainage
Project No. 2008-D-2
Item #’s:G-11
Presenter(s):John Collins, Public Works Director
Background
Midlands Contracting, Inc., of Kearney, Nebraska was awarded a $166,805.00 contract
by the City Council on September 13, 2011 to extend the last constructed segment of the
Moores Creek Drainway to the south under Old Potash Highway. Work on the project
commenced on October 1, 2011 and was completed on May 4, 2012.
On January 10, 2012, by Resolution No. 2012-10, City Council approved Change Order
No. 1, which addressed utility conflicts. The main conflict involved the lowering of a 16”
water main. These items were not included in the original bid documents, but are
necessary to complete the project. Change Order No. 1 increased this project cost by
$43,560.00, for a total contract amount of $210,365.00.
Change Order No. 2 is being presented to City Council at tonight’s meeting to allow for
placement of a driveway to the water storage tanks at Roger’s Reservoir. Change Order
No. 2 will increase this project cost by $2,250.00, for a total contract amount of
$212,615.00.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the bidding process. The project cost was under run by $5,811.00, with work being
completed at a total cost of $206,804.00.
Grand Island Council Session - 6/12/2012 Page 155 / 193
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for the Moores Creek Drain Extension – Old Potash Crossing; Drainage
Project No. 2008-D-2.
Sample Motion
Move to approve the Certificate of Final Completion.
Grand Island Council Session - 6/12/2012 Page 156 / 193
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2
CITY OF GRAND ISLAND, NEBRASKA
June 12, 2012
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2 has been
fully completed by Midlands Contracting, Inc. of Kearney, Nebraska under the contract dated September 13,
2011. The work has been completed in accordance with the terms, conditions, and stipulations of said
contract and complies with the contract, the plans and specifications. The work is hereby accepted for the
City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section
16-650 R.R.S., 1943.
Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2
Item
No.Description Total
Quantity Unit Unit Price Total Cost
Base Bid
1 48” Reinforced Concrete Pipe Storm Sewer 1,072.00 l.f.$112.00 $120,064.00
2
48” Reinforced Concrete Pipe 45 Precast
Elbows 8.00 ea.$1,230.00 $9,840.00
3
48” Reinforced Concrete Pipe Flared End
Section 4.00 ea.$2,325.00 $9,300.00
4 Remove Asphalt Pavement 90.00 s.y.$9.00 $810.00
5 Construct 7” ACC or PC Asphalt Pavement 90.00 s.y.$47.00 $4,230.00
6 Pavement Saw Cut 48.00 l.f.$2.00 $96.00
7 Clear & Grub 6”-12” Trees 3.00 ea.$200.00 $600.00
8 Gravel 0.00 ton $23.00 $0.00
9 24” Reinforced Concrete Pipe Class III 60.00 l.f.$56.00 $3,360.00
10 18” Reinforced Concrete Pipe Class III 112.00 l.f.$47.00 $5,264.00
11 18” Flared End Section 2.00 ea.$815.00 $1,630.00
12 Special Junction Box 1.00 ea.$3,100.00 $3,100.00
13 Seeding .82 ac.$3,000.00 $2,460.00
14 Silt Fence 80.00 l.f.$3.00 $240.00
Total Base Bid = $160,994.00
Change Order No. 1
CO-1A
Utility Conflicts (duct bank, gas line & water
main)1.00 l.s.$2,200.00 $2,200.00
CO-1B
Extra labor laying 48” RCP underneath duct
bank & gas line 1.00 l.s.$920.00 $920.00
CO -1C Additional Traffic Control Costs 1.00 l.s.$883.00 $883.00
CO-1D Reopen Old Potash Highway by 12-25-2011 1.00 l.s.$257.00 $257.00
Grand Island Council Session - 6/12/2012 Page 157 / 193
CO-1E Lowering of 16” water main 1.00 l.s.$39,300.00 $39,300.00
Total Change Order No. 1 =$43,560.00
Change Order No. 2
CO-2A Limestone Rock – Driveway to water tanks 1.00 l.s.$2,250.00 $2,250.00
Total Change Order No. 2 =$2,250.00
Grand Total – Base Bid, Change Order No. 1 & 2 = $206,804.00
em
I hereby recommend that the Engineer’s Certificate of Final Completion for the Moores Creek Drain Extension
– Old Potash Crossing; Project No. 2008-D-2 be approved.
_______________________________________________________________________________
John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor
Grand Island Council Session - 6/12/2012 Page 158 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-145
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for the Moores Creek Drain Extension - Old Potash
Crossing; Drainage Project No. 2008-D-2, certifying that Midlands Contracting, Inc. of Kearney,
Nebraska, under contract, has completed the project; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for
the Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2, is
hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 159 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G12
#2012-146 - Approving Contract Amendment to CDBG 10-ED-10
This item relates to the aforemetnioned Public Hearing item E-7.
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 160 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-146
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to receive Community Development Block Grant (CDBG) contract
amendment through the Nebraska Department of Economic Development; and
WHEREAS, the Nebraska Department of Economic Development is offering a
CDBG Economic Development Grant for activities that meet the CDBG national objective of
benefiting low-to-moderate income persons; and
WHEREAS, the City will apply for the contract amendment for the paving of
Blaine Street at Platte Valley Industrial Park East; and
WHEREAS, the Grand Island Area Economic Development Corporation and the
City of Grand Island have committed matching funds of $1,275,000 for a projected project cost
of $2,200,000; and
WHEREAS, the Nebraska Department of Economic Development presently
requires a public hearing to accept comments and inform the public on the status of the proposed
project and grant application; and
WHEREAS, the public hearing on June 12, 2012, offers the public opportunity to
make such comments to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to apply for an Economic Development grant from the Nebraska Department
of Economic Development for infrastructure development at the Platte Valley Industrial Park and
the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of
Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 161 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G13
#2012-147 - Approving Contract Extension and Budget
Amendment for CDBG Community Revitalization Phase II
This item relates to the aforemetnioned Public Hearing item E-8.
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 162 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-147
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to receive Community Development Block Grant (CDBG) contract
amendment through the Nebraska Department of Economic Development; and
WHEREAS, the Nebraska Department of Economic Development is offering a
CDBG Economic Development Grant for activities that meet the CDBG national objective of
benefiting low-to-moderate income persons; and
WHEREAS, a grant was awarded for improvements in Block Groups 11 and 12
for the amount of $271,000.00; and
WHEREAS, the City is requesting an extension and budget amendment of Phase
II funds for sewer improvements; and
WHEREAS, the Nebraska Department of Economic Development presently
requires a public hearing to accept comments and inform the public on the status of the proposed
project and grant application; and
WHEREAS, the public hearing on June 12, 2012, offers the public opportunity to
make such comments to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to apply for a contract extension and budget amendment with the Nebraska
Department of Economic Development for the Community Revitalization Phase II Grant and the
Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of
Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 163 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G14
#2012-148 - Approving CDBG 2011 Community Revitalization
Phase III Application
This item relates to the aforemetnioned Public Hearing item E-9.
Staff Contact: Marco Floeani
Grand Island Council Session - 6/12/2012 Page 164 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-148
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to file an application through the Nebraska Department of
Economic Development for a Community development Block Grant; and
WHEREAS, the Nebraska Department of Economic Development is accepting
grant application for community revitalization; and
WHEREAS, a grant application has been prepared to request funding for sewer
improvements in combined project area of Block Groups 11 and 12; and
WHEREAS, the City is requesting a grant which includes grant funds of
approximately $270,000.00 for sewer improvements; and
WHEREAS, the Nebraska Department of Economic Development presently
requires a public hearing to accept comments and inform the public on the status of the proposed
project and grant application; and
WHEREAS, the public hearing on June 12, 2012, offers the public opportunity to
make such comments to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to apply for a Community Revitalization Phase III Grant from the Nebraska
Department of Economic Development for sewer line improvements 4th to 5th Street/Eddy to
Vine, and the Mayor is hereby authorized and directed to execute such proceedings on behalf of
the City of Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 165 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item G15
#2012-149 - Approving Change Order #1 - Uranium Removal
Water Treatment Plant - Building Construction
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 6/12/2012 Page 166 / 193
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney
Meeting Date:June 12, 2012
Subject: Uranium Removal Water Treatment Plant –
Building Construction Change Order
Item #’s:G-15
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The City’s municipal water system is supplied primarily from its Platte River Well Field.
This well field is comprised of 21 wells and a pumping station. Testing for State
regulatory requirements indicated composite uranium levels to be approaching the
Maximum Containment Level (MCL) established by the EPA. Uranium is not an acute
concern but rather is a chronic concern over a lifetime of exposure, and sampling and
testing of the Grand Island water system thus far show full compliance with the EPA
regulation. Testing of individual wells for uranium has indicated most wells exceed this
MCL. To allow use of these wells during high water system demand periods, additional
piping was installed in the past year for blending with lower uranium concentration wells.
Recent testing of uranium concentrations in the wells indicated a trend towards increasing
levels, reducing the effectiveness of well blending to reduce overall levels, therefore,
based on Department recommendations, the Utilities Department was authorized by
Council on February 22, 2011, to proceed with the procurement and installation of the
large-scale pilot uranium removal system.
Based on the multiple phase structure of the uranium engineering services RFP, HDR, the
City’s consultant on this project, was requested to provide a proposal for preparing
specifications to issue for bids for an adsorptive media pilot plant. On June 28, 2011,
Council awarded the contract for the Uranium Removal System – Equipment
Procurement to Water Remediation Technology.
On August 23, 2011, Council approved the proposal of HDR Engineering, Inc., of
Lincoln, Nebraska, for Uranium Removal Water Plant – Task Order No. 2. This task
order authorized the detailed engineering services which included preparation of
specifications for bidding of a new building and foundations, underground piping, well
Grand Island Council Session - 6/12/2012 Page 167 / 193
modifications, and installation of the uranium removal equipment. As part of these
engineering services, HDR developed the specifications for the foundations and building
to house the uranium removal system equipment.
Discussion
The bid for the Uranium Removal Water Treatment Plant - Building Construction, was
awarded by Council on October 11, 2011 to Chief Construction in the amount of
$324,857.30. During construction, it was noticed that the plans had listed a 100 amp main
panel when a 200 amp main panel is required. This change amounted to an additional
$511.00. Secondly, the exterior lights were changed to LED. This change was $423.00.
The two changes bring the final contract amount to $325,791.30.
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 Council approve the changes to the contract for
Uranium Removal Water Treatment Plant - Building Construction for a total contract
amount of $325,791.30.
Sample Motion
Move to approve the changes to the contract for Uranium Removal Water Treatment
Plant – Building Construction, to Chief Construction, of Grand Island, Nebraska, for a
final contract amount of $325,791.30.
Grand Island Council Session - 6/12/2012 Page 168 / 193
City of Grand Island
Utilities Department
General Work Contract - Change Order WWO23606
Uranium Removal Water Treat Plant-Building Construction
Comments:Changes proposed to Uranium building contract.
Contract:$324,857.30
Change
Order
Request Description Amount
001 200 amp main panel (versus 100 amp in spec)$ 511.00
002 Exterior lighting changed to LED.$ 423.00
003
004
005
006
007
008
009
010
011
012
013
014
015
017
018
019
020
021
023
024
028
029
030
Total $ 934.00
After awarding the contract,the contractor proposed a 200
amp main panel,verus the 100 amp main panel that was
originally specified.
Recommend the exterior lighting use LED lights.
Grand Island Council Session - 6/12/2012 Page 169 / 193
TO:Chief Construction Company
2107 S. North Road
Grand Island, NE 68803
Attn: Lynn Johnson
PROJECT:Uramium Removal Water Treatment Plant - Building Construction
You are hereby directed to make the following change in your contract:
1 Additional payment per the attached spreadsheet.
ADDITION:$934.00
The original Contract Sum $324,857.30
Previous Change Order Amounts $ -
The Contract Sum is increased by this Change Order $ 934.00
The Contract Sum is decreased by this Change Order $
The total modified Contract Sum to date $ 325,791.30
Approval and acceptance of this Change Order acknowledges understanding and agreement that the
cost and time adjustments included represent the complete values arising out of and/or incidental to the
work described therein.
APPROVED:CITY OF GRAND ISLAND
By:_________________________________Date ________________________
Attest: ___________________________________________________________
Approved as to Form, City Attorney
ACCEPTED:Chief Construction Company
A subidiary of Chief Industries, Inc.
By: _________________________________Date _________________________
Grand Island Council Session - 6/12/2012 Page 170 / 193
Grand Island Council Session - 6/12/2012 Page 171 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-149
WHEREAS, Chief Construction of Grand Island, Nebraska, was awarded the
contract for Uranium Removal Water Treatment Plant, Building Construction , at the October 11,
2011 City Council meeting; and
WHEREAS, included in the bid submittal for the project was a 100 amp main
panel when a 200 amp main panel is required, and the exterior lights were changed to LED; and
WHEAREAS, Change Order #1 was prepared for a contract adjustment of an
additional $934.00, resulting in a final contract amount of $325,791.30.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Chief
Construction of Grand Island, Nebraska resulting in an additional cost of $934.00, for a final
contract price of $325,791.30, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 172 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item I1
#2012-150 - Consideration of Request from The Wine Bar LLC
dba The Wine Bar, 313 West 3rd Street for a Class “CK” Liquor
License and Liquor Manager Designation for Robert Aki, 628 East
Memorial Drive
This item relates to the aforemetnioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 173 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-150
WHEREAS, an application was filed by The Wine Bar LLC doing business as
The Wine Bar, 313 West 3rd Street for a Class "CK" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on June 2, 2012; such publication cost being $15.78; and
WHEREAS, a public hearing was held on June 12, 2012 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Robert Aki, 628
East Memorial Drive as liquor manager of such business contingent upon
completing a state approved alcohol server/seller program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 174 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item I2
#2012-151 - Consideration of Request from Sunrise Restaurants
LLC dba Denny’s, 3333 Ramada Road for a Class “I” Liquor
License and Liquor Manager Designation for Christine Kramer,
603 Highland Drive, Ogallala, NE
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/12/2012 Page 175 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-151
WHEREAS, an application was filed by Sunrise Restaurants LLC doing business
as Denny’s, 3333 Ramada Road for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on June 2, 2012; such publication cost being $16.28; and
WHEREAS, a public hearing was held on June 12, 2012 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Christine
Kramer, 603 Highland Drive, Ogallala, NE as liquor manager of such
business contingent upon completing a state approved alcohol server/seller
program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 176 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item I3
#2012-152 - Consideration of Generalized Redevelopment Plan for
an Area Known as Redevelopment Area No. 9 Located East of U.S.
Highway 281 and West of Webb Road, North of State Street and
South of Capital Avenue
This item is related to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/12/2012 Page 177 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-152
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 9 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, transportation infrastructure, and allows for acquisition and
demolition of property and the use of Community Redevelopment Authority funds for façade
improvements; 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:
Grand Island Council Session - 6/12/2012 Page 178 / 193
- 2 -
1.The Redevelopment Plan of the City approved for Redevelopment Area No.9 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
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, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 179 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item I4
#2012-153 - Consideration of Site Specific Redevelopment Plan for
an Area Located at 3420 West State Street
This item is related to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/12/2012 Page 180 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-153
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 9 of the City to
be substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island,
Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of
the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan
pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114
of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the
Planning Commission, the recommendations of the Planning Commission to the City, and
following the public hearing with respect to the Redevelopment Plan, the City approved the Plan;
and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment
Plan, such project to be as follows: Rehabilitation and interior remodeling of 3420 W State
Street to provide renovated tenant space together with additional parking lot rehabilitation. All
redevelopment activities will occur in Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
Grand Island Council Session - 6/12/2012 Page 181 / 193
- 2 -
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 9 in the city
of Grand Island, Hall County, Nebraska, including the Redevelopment Project described
above, is hereby determined to be feasible and in conformity with the general plan for the
development of the City of Grand Island as a whole and the Redevelopment Plan,
including the Redevelopment Project identified above, is in conformity with the
legislative declarations and determinations set forth in the Act; and it is hereby found and
determined that (a) the redevelopment project in the plan would not be economically
feasible without the use of tax-increment financing, (b) the redevelopment project would
not occur in the community redevelopment area without the use of tax-increment
financing, and (c) the costs and benefits of the redevelopment project, including costs and
benefits to other affected political subdivisions, the economy of the community, and the
demand for public and private services have been analyzed by the City and have been
found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into
the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission with respect to the
Redevelopment Contract.
2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by
this Resolution, and the Authority is hereby directed to implement the Redevelopment
Plan in accordance with the Act.
3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall
be divided, for a period not to exceed 15 years after the effective date of this provision,
which effective date shall be January 1, 2013 as follows:
a.That proportion of the ad valorem tax which is produced by levy at the rate fixed
each year by or for each public body upon the Redevelopment Project Valuation
(as defined in the Act) shall be paid into the funds of each such public body in the
same proportion as all other taxes collected by or for the bodies; and
b.That proportion of the ad valorem tax on real property in the Redevelopment
Project in excess of such amount, if any, shall be allocated to, is pledged to, and,
when collected, paid into a special fund of the Authority to pay the principal of,
the interest on, and any premiums due in connection with the bonds, loans, notes
or advances of money to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such Authority for financing or refinancing, in whole or in
part, such Redevelopment Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad
valorem taxes upon real property in such Redevelopment Project shall be paid
into the funds of the respective public bodies.
c.The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and
Notice of Pledge of Taxes with respect to each Redevelopment Project.
Grand Island Council Session - 6/12/2012 Page 182 / 193
- 3 -
4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 183 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item I5
#2012-154 - Consideration of Designating No Parking on the West
Side of Pine Street, South of East South Front Street
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 6/12/2012 Page 184 / 193
Council Agenda Memo
From:Keith Kurz, Public Works Engineer
Meeting:June 12, 2012
Subject:Approving Designating No Parking on the West Side of
Pine Street, South of East South Front Street
Item #’s:I-5
Presenter(s):John Collins, Public Works Director
Background
Council action is required to designate No Parking on any public street.
As one step in mitigating the Union Pacific Railroad's concerns relative to the Quiet
Zone, the City needs to improve the site distance on Pine Street and East South Front
Street by closing the first three parking stalls (see attached sketch).
Discussion
Existing conditions at the intersection of East South Front Street and Pine Street cause
poor sight distance for vehicles eastbound on East South Front Street. This can cause
potential conflicts between vehicles at this intersection resulting in accidents. An existing
building on the southwest corner of East South Front Street and Pine Street blocks
viewing capabilities for drivers. Also hampering the viewing distance of drivers is the
parking of cars along the west side of Pine Street.
Existing sight distance is approximately 70 feet assuming vehicles are parked in the stalls
along Pine Street. This is shown in Exhibit 1 and is controlled by the cars parked along
Pine Street not the building on the southwest corner. According to the Policy on
Geometric Design Standard of Highways and Streets, generated by the American
Association of State Highway and Transportation Officials (AASHTO), the
recommended sight distance for this intersection is 280 feet. The minimum distance is
155 feet.
Ideally, the recommend distance would be used all the time, but as with the case of this
intersection, immovable objects control the distance that can be provided. As shown in
Grand Island Council Session - 6/12/2012 Page 185 / 193
Exhibit 2, without the parking stalls the building limits the sight distance to 155 feet as
shown. To ensure this distance is provided, the first three stalls south of the intersection
should be eliminated. It is presented for your consideration to remove the parking stalls.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution designating No
Parking on the west side of Pine Street, south of East South Front Street.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/12/2012 Page 186 / 193
Grand Island Council Session - 6/12/2012 Page 187 / 193
Grand Island Council Session - 6/12/2012 Page 188 / 193
Approved as to Form ¤ ___________
June 8, 2012 ¤ City Attorney
R E S O L U T I O N 2012-154
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, the Public Works Department is requesting that No Parking be
instituted in place of the first 3 parking stalls on the west side of Pine Street, south of East South
Front Street; and
WHEREAS, it is recommended that such restricted parking request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.A No Parking Zone is hereby designated for the first 3 parking stalls on the west
side of Pine Street, south of East South Front Street; and
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs and striping necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 12, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/12/2012 Page 189 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item J1
Approving Correction to Amount for Payment of Claims for the
Period of May 9, 2012 through May 22, 2012
Staff Contact: Jaye Monter
Grand Island Council Session - 6/12/2012 Page 190 / 193
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:June 12, 2012
Subject:Approving New Amount for Payment of Claims for the
Period May 9, 2012 through May 22, 2012
Item #’s:J-1
Presenter(s):Jaye Monter, Finance Director
Background
On May 22, 2012, Council approved the payment of claims for the period of May 9, 2012
through May 22, 2012 in the total amount of $3,880,740.82. Included in this total amount
was a credit invoice to Nebraska Truck Center for $1,087.01. There were not enough
invoices owed to Nebraska Truck Center at this time to use the credit invoice. Therefore
the credit invoice was pulled.
Discussion
The new amount for the payment of claims for the period of May 9, 2012 through May
22, 2012 is $3,881,827.83.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the new amount for the payment of claims for the period of May 9,
2012 through May 22, 2012 for the total amount of $3,881,827.83
Recommendation
City Administration recommends that the Council approve the new amount for the
payment of claims for the period of May 9, 2012 through May 22, 2012 for the total
amount of $3,881,827.83.
Grand Island Council Session - 6/12/2012 Page 191 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item J2
Approving Payment of Claims for the Period of May 23, 2012
through June 12, 2012
The Claims for the period of May 23, 2012 through June 12, 2012 for a total amount of $5,083,794.41.
A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 6/12/2012 Page 192 / 193
City of Grand Island
Tuesday, June 12, 2012
Council Session
Item X1
Strategy Session with Respect to Contract Negotiations (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 - 6/12/2012 Page 193 / 193