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06-09-2015 City Council Regular Meeting Packet City of Grand Island Tuesday, June 9, 2015 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 6/9/2015 Page 1 / 228 City of Grand Island Tuesday, June 9, 2015 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 Rene Lopez, Iglesia de Dios, 2325 West State 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 - 6/9/2015 Page 2 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item E-1 Public Hearing on Redevelopment Plan for Husker Highway Redevelopment Area 17 located at the Southwest Corner of U.S. Highway 281 and Husker Highway (Chief Industries) Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2015 Page 3 / 228 1 Council Agenda Memo From:Regional Planning Commission Meeting:June 9, 2015 Subject:Husker Highway Blight Study (Propose Area 17) C-16- 2015GI Item #’s:E-1 & I-1 Presenter(s):Chad Nabity AICP, Regional Planning Director Background Chief Industries Inc. commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 174 to be prepared by Hanna:Keelan Associates, P.C. of Lincolan, Nebraska. The study area includes approximately 116 acres referred to as Husker Highway Redevelopment Area or CRA Area No. 17. The study focused on property at the southwest corner of U.S. Highway 281 and Husker Highway in southwest Grand Island. (See the attached map) On April 14, 2015, Council referred the attached study to the Planning Commission for its review and recommendation. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: Section 18-2109 Redevelopment plan; preparation; requirements. An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after a public hearing with notice provided as specified in section 18-2115, declared such area to be a substandard and blighted area in need of redevelopment. The governing body of the city shall submit the question of whether an area is substandard and blighted to the planning commission or board of the city for its review and recommendation prior to making its declaration. The planning commission or board shall submit its written recommendations within thirty days after receipt of the request. Upon receipt of the recommendations or Grand Island Council Session - 6/9/2015 Page 4 / 228 2 after thirty days if no recommendation is received, the governing body may make its declaration. ~Reissue Revised Statutes of Nebraska A flow chart of the blight declaration process is shown in Figure 2. At this time, the Council is only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. Grand Island has 15 areas that have been declared blighted and substandard 3,554 acres. This represents 18.57% of the area of the City. Grand Island can declare up to 35% of its municipal area blighted and substandard. If Council approves the declaration of this area as blighted and substandard 116.5 acres would be added to the blighted and substandard area in Grand Island increasing the percentage by 0.61% to 19.18% well below the 35% limitation. Grand Island Council Session - 6/9/2015 Page 5 / 228 3 Figure 1 Redevelopment Area 17 includes all properties shown in red. Grand Island Council Session - 6/9/2015 Page 6 / 228 4 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 6/9/2015 Page 7 / 228 5 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 6/9/2015 Page 8 / 228 6 OVERVIEW Continued It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1.review the study, 2.take testimony from interested parties, 3.review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4.make findings of fact, and 5.include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. (Planning Commission did not provide findings of fact with their recommendation. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter.) Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (10) Substandard areas shall mean an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; (11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially Grand Island Council Session - 6/9/2015 Page 9 / 228 7 impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted; ~Reissue Revised Statutes of Nebraska ANALYSIS The following findings are copied directly from the Study. The analysis of the substandard and blighted factors is conducted on pages 5 to 9 and pages 41 and 43 of the study. Grand Island Council Session - 6/9/2015 Page 10 / 228 8 Grand Island Council Session - 6/9/2015 Page 11 / 228 9 Grand Island Council Session - 6/9/2015 Page 12 / 228 10 FINDINGS FOR GRAND ISLAND Study Area #1 has several items contributing to the Blight and Substandard Conditions these can be identified as finding of fact. These conditions include: Age of Structures Dilapidated and Obsolete Buildings Inadequate Street Layout Obsolete Platting Based on the study these areas meet the thresholds to qualify as blighted and substandard. All of this property is located inside the Grand Island City Limits. Tax increment financing would potentially be available for redevelopment projects on any of the property included in the study. Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommend Questions for City Council Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) Grand Island Council Session - 6/9/2015 Page 13 / 228 11 Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? Is public intervention appropriate and/or necessary for the redevelopment of the area? Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. 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 Planning Commission Recommendation The Planning Commission held a Public Hearing on this proposal at their meeting on May 6, 2015. Nabity explained a Substandard and Blight Study was prepared for Chief Industries Inc. (Chief) by Hanna:Keelan Associates, P.C. This study is for approximately 116 acres of property in south central Grand Island, west of U.S. 281 and south of Husker Highway. The study as prepared and submitted indicates that this property could be considered substandard and blighted. Ruge commented “this looks like a cornfield with a farmstead; he doesn’t feel that public intervention needs to be at this time.” Haskins agreed saying that there is quite a bit of that that is just regular farmland. He noted “The part that is the just the farmstead is probably blighted, but it’s just part of it, it’s not enough to create a blighted situation in the whole thing.” Grand Island Council Session - 6/9/2015 Page 14 / 228 12 A motion was made by Ruge to not recommend approval of the Blight Study to City Council and was seconded by Haskins. (No findings of fact were identified specifically with the motion) A roll call vote was taken with 9 members present and 6 voting in favor of not recommending approval of the study (Bredthauer, Ruge, Robb, Haskins, Sears and Kjar) 3 members voting against this motion (O’Neill, Maurer and Heckman). City Administration Recommendation City Administration is recommending that Council approve the designation of this area as blighted and substandard. Finding to support this recommendation could include: The Study presented by Chief and prepared by Hanna:Keelan Associates showing that the area meets the statutory requirements to be declared blighted and substandard. The stated goal by past City Councils to grow the City toward U.S. Interstate 80. o Past Council actions supporting this goal include: the creation of a sewer assessment district south along U.S. Highway 281 and annexing the Wildwood Subdivision south of Wildwood Road on the west side of U.S. Highway 281. No development action has occurred on this property has not developed since it was platted for development as Ewoldt Subdivision in 2006. Sample Motion If Council wishes to approve the designation of this property as blighted and substandard, an action required if Tax Increment Financing is to be used for the development of infrastructure across the property, a motion should be made to approve the Substandard and Blight Designation for Redevelopment Area No. 17 in Grand Island, Hall County, Nebraska finding the information in the study to be factual and supporting such designation. Grand Island Council Session - 6/9/2015 Page 15 / 228 GRAND ISLAND, NEBRASKA HUSKER HIGHWAY REDEVELOPMENT AREA. BLIGHT & SUBSTANDARD DETERMINATION STUDY & GENERAL REDEVELOPMENT PLAN Prepared By: MARCH, 2015 COMPREHENSIVE PLANS & ZONING * HOUSING STUDIES * DOWNTOWN, NEIGHBORHOOD & REDEVELOPMENT PLANNING * CONSULTANTS FOR AFFORDABLE HOUSING DEVELOPMENTS* ------------ *Lincoln, Nebraska* 402.464.5383 * Grand Island Council Session - 6/9/2015 Page 16 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area i TABLE OF CONTENTS Table of Contents ........................................................................................................ i List of Tables and Illustrations ............................................................................... ii Blight and Substandard Determination Study ................................................... 1 1. Basis for Redevelopment ........................................................................ 10 2. The Study Area ....................................................................................... 12 3. The Research Approach ......................................................................... 16 4. Eligibility Survey and Analysis Findings ............................................. 17 Substandard Factors (1) Dilapidation/Deterioration of Structures ................................... 17 (2) Age of Obsolescence ..................................................................... 21 (3) Inadequate Provision for Ventilation, Light, Air Sanitation or Open Space .......................................................... 22 (4) The Existence of Conditions which Endanger Life or Property by Fire and Other Causes .............................. 23 Blight Factors (1) Dilapidation/Deterioration of Structures ................................... 25 (2) Existence of Defective or Inadequate Street Layout .................. 30 (3) Faulty Lot Layout in Relation to Size, Adequacy Accessibility, or Usefulness ....................................................... 31 (4) Insanitary and Unsafe Conditions .............................................. 32 (5) Deterioration of Site Improvements ........................................... 33 (6) Diversity of Ownership ............................................................... 34 (7) Tax or Special Assessment Delinquency Exceeding the Fair Value of the Land ........................................................ 35 (8) Defective or Unusual Condition of Title ..................................... 36 (9) Improper Subdivision or Obsolete Platting ................................ 37 (10) The Existence of Conditions which Endanger Life or Property by Fire and Other Causes ...................................... 38 (11) Other Environmental and Blighting Factors ............................. 40 (12) Additional Blighting Conditions ................................................. 41 5. Determination of Redevelopment Area Eligibility ............................... 42 Grand Island Council Session - 6/9/2015 Page 17 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area ii Appendix Structural Survey Form .............................................................................................. 44 Structural Survey: Results Spreadsheet .................................................................... 45 General Redevelopment Plan ................................................................................ 49 1. Future Land Use Patterns ..................................................................... 53 2. Future Zoning Districts ......................................................................... 53 3. Recommended Public Improvements .................................................... 56 LIST OF TABLES Tables 1 Substandard Factors ................................................................................ 5 2 Blighted Factors ....................................................................................... 7 3 Existing Land Use .................................................................................. 13 4 Exterior Survey Findings ....................................................................... 21 5 Exterior Survey Findings ....................................................................... 29 LIST OF ILLUSTRATIONS Illustrations 1 Context Map ............................................................................................. 2 2 Existing Land Use Map ......................................................................... 14 3 Existing Zoning Map .............................................................................. 15 4 Future Land Use Map ............................................................................ 54 5 Future Zoning Map ................................................................................ 55 COMPREHENSIVE PLANS & ZONING * HOUSING STUDIES * DOWNTOWN, NEIGHBORHOOD & REDEVELOPMENT PLANNING * CONSULTANTS FOR AFFORDABLE HOUSING DEVELOPMENTS* ------------ *Lincoln, Nebraska* 402.464.5383 * ------------ * Becky Hanna, Tim Keelan, Lonnie Dickson, AICP & Keith Carl * Grand Island Council Session - 6/9/2015 Page 18 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 1 BLIGHT & SUBSTANDARD DETERMINATION STUDY EXECUTIVE SUMMARY Purpose of Study/Conclusion The purpose of this Blight and Substandard Determination Study is to apply the criteria set forth in the Nebraska Community Development Law, Section 18-2103, to the designated Husker Highway Redevelopment Area in Grand Island, Nebraska. The results of this Study will assist the City in declaring the Husker Highway Redevelopment Area as both blighted and substandard. Location The Husker Highway Redevelopment Area shall include all real property that is within the following boundary description, as follows:  Ewoldt Subdivision: entire subdivision, including Lots 1-10 and Outlots A, B and C.  Ponderosa Village Subdivision: Block 0, Lots 1-4. Generally, the Husker Highway Redevelopment Area is described as follows: Beginning at the intersection of the extended west line of the Ewoldt Subdivision, or Outlot A and the north line of Husker Highway, thence east along said north line to its intersection with the east line of Section 36, Township 11 North, Range 10 West, thence south along said east line to its intersection with the extended south line of Lot 4 of Ponderosa Village Subdivision, thence west along said extended south line to its intersection with the west line of said Lot 4, thence north along said west line and continuing north along the west line of Lot 3 of said Subdivision to its intersection with northeast line of said Lot 3, thence northeast approximately 34.45 feet to its intersection with the west line of James Road, thence northwest along said west line to its intersection with the south line of Rae Road, thence west along said south line to its intersection with the extended west line of the Ewoldt Subdivision, or west line of Outlot A of same said subdivision, thence north along said extended west line across Rae Road and continuing north approximately 1,261 feet along the west line of said Outlot A to its intersection with a second south line of Outlot A, thence west approximately 827 feet along said second south line to its intersection with the west line Outlot A of the Ewoldt Subdivision, thence north along said west line to its intersection with the south line of Husker Highway, thence continuing north along an extended line of the west line of Outlot A across Husker Highway and intersecting with the north line of Husker Highway, also known as the Point of Beginning. Illustration 1, “Context Map,” identifies the location of the Husker Highway Redevelopment Area in relation to the City of Grand Island. The entire Area is within the Corporate Limits of Grand Island. The primary streets and roads within the Redevelopment Area include Highway 281, Husker Highway and Rae Road. Grand Island Council Session - 6/9/2015 Page 19 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 2 CONTEXT MAP HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA Legend Redevelopment Area Corporate Limit Line * Lincoln, Nebraska * 402.464.5383 * ILLUSTRATION 1 Grand Island Council Session - 6/9/2015 Page 20 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 3 This blight and substandard evaluation included a detailed exterior structural survey of 11 structures, a parcel-by-parcel field inventory, conversations with City of Grand Island staff and a review of available reports, documents and information from the City Website containing information which could substantiate the existence of blight and substandard conditions. SUBSTANDARD AREA As set forth in the Nebraska legislation, a substandard area shall mean one in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which by reason of the presence of the following factors: 1. Dilapidated/deterioration; 2. Age or obsolescence; 3. Inadequate provision for ventilation, light, air, sanitation or open spaces; 4. (a) High density of population and overcrowding; or (b) The existence of conditions which endanger life or property by fire and other causes; or (c) Any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, and is detrimental to the public health, safety, morals or welfare. BLIGHTED AREA As set forth in the Section 18-2103 (11) Nebraska Revised Statutes (Cumulative Supplement 1994), a blighted area shall mean "an area, which by reason of the presence of the following factors: 1. A substantial number of deteriorated or deteriorating structures; 2. The advanced age and associated condition of structures; 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 4. Insanitary or unsafe conditions due to the age, small diameter of water mains; 5. Deterioration of site or other improvements due to nearly 40 percent of the parcels having overall site conditions rated as “fair”; 6. Diversity of ownership; 7. Tax or special assessment delinquency exceeding the fair value of the land; 8. Defective or unusual conditions of title; Grand Island Council Session - 6/9/2015 Page 21 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 4 9. Improper subdivision or obsolete platting; 10. The existence of conditions which endanger life or property by fire or other causes; 11. Any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or constitutes an economic or social liability; and 12. Is detrimental to the public health, safety, morals or welfare in its present condition and use; and in which there is at least one or more of the following conditions exists; 1. Unemployment in the study or designated blighted area is at least one hundred twenty percent of the state or national average; 2. The average age of the residential or commercial units in the area is at least 40 years; 3. More than half of the plotted and subdivided property in an area is unimproved land that has been within the City for 40 years and has remained unimproved during that time; 4. The per capita income of the study or designated blighted area is lower than the average per capita income of the City or Village in which the area is designated; or 5. The area has had either stable or decreasing population based on the last two decennial censuses." While it may be concluded the mere presence of a majority of the stated Factors may be sufficient to make a finding of blight and substandard, this evaluation was made on the basis that existing Blight and Substandard Factors must be present to an extent which would lead reasonable persons to conclude public intervention is appropriate or necessary to assist with any development or redevelopment activities. Secondly, the distribution of Blight and Substandard Factors throughout the Husker Highway Redevelopment Area must be reasonably distributed so basically good areas are not arbitrarily found to be blighted simply because of proximity to areas which are blighted and substandard. Grand Island Council Session - 6/9/2015 Page 22 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 5 On the basis of this approach, the Husker Highway Redevelopment Area is found to be eligible as "blighted" and "substandard", within the definition set forth in the legislation. Specifically: SUBSTANDARD FACTORS Of the Four Substandard Factors, set forth in the Nebraska Community Development Law, three Factors have a strong presence, while one Factor has a reasonable presence in the Husker Highway Redevelopment Area. The Substandard Factors present are reasonably distributed throughout the Area. TABLE 1 SUBSTANDARD FACTORS HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA 1. Dilapidated/deterioration. ◙ 2. Age or obsolescence. ◙ 3. Inadequate provision for ventilation, light, air, sanitation or open spaces. ◘ 4. Existence of conditions which endanger life or property by fire and other causes. ◙ Strong Presence of Factor ◙ Reasonable Presence of Factor ◘ No Presence of Factor  Source: Hanna:Keelan Associates, P.C., 2015 Strong Presence of Factor - The results of the field survey identified all 11 structures in the Husker Highway Redevelopment Area as Deteriorating or Dilapidated. This Factor is a strong presence throughout the Area. Based on the results of a parcel-by-parcel field survey analysis, approximately 10, or 91 percent of the 11 total buildings are 40+ years of age (built prior to 1975). The Factor of Age or Obsolescence is a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 23 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 6 The field analysis determined that the Substandard Factor Existence of Conditions Which Endanger Life or Property by fire and other causes is a strong presence throughout the Husker Highway Redevelopment Area. The primary contributing elements include the existence of wood frame buildings with wooden structural elements that are dilapidated. Additionally, the presence of privately owned and abandoned water wells, septic tanks and leach fields are a potential risk to health, safety and welfare of adjacent properties. Reasonable Presence of Factor - The conditions which result in Inadequate Provision for Ventilation, Light, Air, Sanitation or Open Space are a reasonable presence and distributed throughout the Husker Highway Redevelopment Area. The presence of a privately owned, abandoned farmstead that utilized septic tanks and leach fields is a potential risk to public health, safety and welfare. The prevailing substandard conditions, evident in buildings and the public infrastructure, as determined by the field survey, include: 1. Aging structures; 2. Dilapidated/deteriorated structures; 3. Privately owned access roads that are deteriorated, dirt surfaced, in poor condition and become impassible during periods of inclement weather; 3. “Fair” to “Poor” overall site conditions; 4. Wood frame buildings with wood structural elements in dilapidated condition are potential fire hazards; 5. Average age of residential structures being in excess of 40+ years of age; and Grand Island Council Session - 6/9/2015 Page 24 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 7 BLIGHT FACTORS Of the 12 Blight Factors set forth in the Nebraska Community Development Law, nine have a strong presence in the Husker Highway Redevelopment Area. The Factors “diversity of ownership” and “tax or special assessment excluding the fair value of land” were of little or no presence of Factor. “Defective or unusual condition of title,” was not reviewed. All Blight Factors are reasonably distributed throughout the Redevelopment Area. TABLE 2 BLIGHT FACTORS HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA 1. A substantial number of deteriorated or dilapidated structures. ◙ 2. Existence of defective or inadequate street layout. ◙ 3. Faulty lot layout in relation to size, adequacy, ◙ accessibility or usefulness. 4. Insanitary or unsafe conditions. ◙ 5. Deterioration of site or other improvements. ◙ 6. Diversity of Ownership.  7. Tax or special assessment delinquency exceeding the fair value of land.  8. Defective or unusual condition of title. NR 9. Improper subdivision or obsolete platting. ◙ 10. The existence of conditions which endanger ◙ life or property by fire or other causes. 11. Other environmental and blighting factors. ◙ 12. One of the other five conditions. ◙ Strong Presence of Factor ◙ Reasonable Presence of Factor ◘ Little or No Presence of Factor  NR = Not Reviewed NR Source: Hanna:Keelan Associates, P.C., 2015 Grand Island Council Session - 6/9/2015 Page 25 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 8 Strong Presence of Factor – Deteriorated or Dilapidated Structures are a strong presence in the Husker Highway Redevelopment Area. All 11 structures within the Area were documented as being in a “deteriorating-major” or “dilapidated” condition. Defective or Inadequate Street Layout is a strong presence in the Husker Highway Redevelopment Area, due to the Area being only accessible via a long privately owned gravel surfaced access road/driveway that runs along the west side of Highway 281. The lack of available roads within the Redevelopment Area is a detriment to future development opportunities. Faulty Lot Layout exists to a strong presence throughout the Husker Highway Redevelopment Area. Conditions contributing to the presence of this Factor include a subdivision platted for commercial development that never occurred, leaving individual platted lots with no access to municipal infrastructure. Insanitary or Unsafe Conditions are a strong presence throughout the entire Husker Highway Redevelopment Area. Conditions contributing to this Factor include abandoned, privately-owned water wells, septic tanks and leach fields associated with a former farmstead and the lack of available municipal infrastructure throughout the Redevelopment Area. Deterioration of Site or Other Improvements is a strong presence throughout the Area. Of the total two parcels examined, one had “poor” overall site conditions. Improper Subdivision or Obsolete Platting is a strong presence throughout the Husker Highway Redevelopment Area. Lot sizes throughout the Redevelopment Area are not supportive of today’s residential or commercial development requirements. The “Existence of conditions which endanger life or property by fire or other causes” is a strong presence throughout the Redevelopment Area. The lack of municipal water mains and fire hydrants threatens existing structures and properties throughout the Area. A strong presence of “Other environmental and blighting factors,” is represented by the dilapidated and abandoned farm house and associated agricultural outbuildings. These factors are indicative of conditions related to the functional and economic obsolescence of the former farmstead. This land use no longer functions as a viable farming operation. Surrounding properties are also transitioning to urbanized uses, rather than agricultural. Grand Island Council Session - 6/9/2015 Page 26 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 9 One of the other five conditions involving the “average age of residential or commercial units in the area is at least 40 years” has a strong presence, as the existing farmstead is estimated to have been constructed circa 1905, or approximately 110 years of age. Conclusion It is the conclusion of the Consultant that the number, degree and distribution of Blight and Substandard Factors, as documented in this Executive Summary, are beyond remedy and control solely by regulatory processes in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided in the Nebraska Community Development Law. It is also the opinion of the Consultant, that the findings of this Blight and Substandard Determination Study warrant designating the Husker Highway Redevelopment Area as "substandard" and "blighted." The conclusions presented in this Study, are those of the Consultant engaged to examine whether conditions of blight and substandard exist. The local governing body should review this Study and, if satisfied with the summary of findings contained herein, may adopt a resolution making a finding of blight and substandard and this Study a part of the public record. Grand Island Council Session - 6/9/2015 Page 27 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 10 BASIS FOR REDEVELOPMENT For a project in Grand Island to be eligible for redevelopment under the Nebraska Community Development Law, the subject area or areas must first qualify as both a “substandard” and “blighted” area, within the definition set forth in the Nebraska Community Development Law. This Study has been undertaken to determine whether conditions exist which would warrant designation of the Husker Highway Redevelopment Area as a "blighted and substandard area" in accordance with provisions of the law. As set forth in Section 18-2103 (10) Neb. Rev. Stat. (Cumulative Supplement 1994), a substandard area shall mean an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which by reason of the following: 1. Dilapidation/deterioration; 2. Age or obsolescence; 3. Inadequate provision for ventilation, light, air, sanitation or open spaces; 4. (a) High density of population and overcrowding; or (b) The existence of conditions which endanger life or property by fire and other causes; or (c) Any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare. As set forth in the Nebraska legislation, a blighted area shall mean an area, which by reason of the presence of: 1. A substantial number of deteriorated or deteriorating structures; 2. Existence of defective or inadequate street layout; 3. Faulty lot layout in relation to size, adequacy, accessibility or usefulness; 4. Insanitary or unsafe conditions; 5. Deterioration of site or other improvements; 6. Diversity of ownership; 7. Tax or special assessment delinquency exceeding the fair value of the land; 8. Defective or unusual conditions of title; Grand Island Council Session - 6/9/2015 Page 28 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 11 9. Improper subdivision or obsolete platting; 10. The existence of conditions which endanger life or property by fire or other causes; 11. Any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or constitutes an economic or social liability; 12. Is detrimental to the public health, safety, morals, or welfare in its present condition and use; and in which there is at least one of the following conditions: 1. Unemployment in the designated blighted area is at least one hundred twenty percent of the state or national average; 2. The average age of the residential or commercial units in the area is at least 40 years; 3. More than half of the plotted and subdivided property in the area is unimproved land that has been within the City for 40 years and has remained unimproved during that time; 4. The per capita income of the designated blighted area is lower than the average per capita income of the City or Village in which the area is designated; or 5. The area has had either stable or decreasing population based on the last two decennial censuses. The Consultant for this Blight and Substandard Determination Study was guided by the premise that the finding of blight and substandard must be defensible and sufficient. Evidence of the presence of the previously listed Factors should exist so members of the City Council of Grand Island (local governing body), acting as reasonable and prudent persons, could conclude public intervention is necessary or appropriate. Therefore, each factor was evaluated in the context of the extent of its presence and the collective impact of all Factors found to be present. Also, these deficiencies should be reasonably distributed throughout the Husker Highway Redevelopment Area. Such a "reasonable distribution of deficiencies test" would preclude localities from taking concentrated areas of blight and substandard conditions and expanding the areas arbitrarily into non-blighted/ substandard areas for planning or other reasons. The only exception which should be made to this rule is where projects must be brought to a logical boundary to accommodate new development and ensure accessibility, but even in this instance, the conclusion of such areas should be minimal and related to an area otherwise meeting the reasonable distribution of deficiencies test. Grand Island Council Session - 6/9/2015 Page 29 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 12 THE STUDY AREA The purpose of this Study is to determine whether all or part of the Husker Highway Redevelopment Area in Grand Island, Nebraska, qualifies as a blighted and substandard area, within the definition set forth in the Nebraska Community Development Law, Section 18-2103. The Husker Highway Redevelopment Area shall include all real property that is within the following boundary description, as follows:  Ewoldt Subdivision: entire subdivision, including Lots 1-10 and Outlots A, B and C.  Ponderosa Village Subdivision: Block 0, Lots 1-4. Generally, the Husker Highway Redevelopment Area is described as follows: Beginning at the intersection of the extended west line of the Ewoldt Subdivision, or Outlot A and the north line of Husker Highway, thence east along said north line to its intersection with the east line of Section 36, Township 11 North, Range 10 West, thence south along said east line to its intersection with the extended south line of Lot 4 of Ponderosa Village Subdivision, thence west along said extended south line to its intersection with the west line of said Lot 4, thence north along said west line and continuing north along the west line of Lot 3 of said Subdivision to its intersection with northeast line of said Lot 3, thence northeast approximately 34.45 feet to its intersection with the west line of James Road, thence northwest along said west line to its intersection with the south line of Rae Road, thence west along said south line to its intersection with the extended west line of the Ewoldt Subdivision, or west line of Outlot A of same said subdivision, thence north along said extended west line across Rae Road and continuing north approximately 1,261 feet along the west line of said Outlot A to its intersection with a second south line of Outlot A, thence west approximately 827 feet along said second south line to its intersection with the west line Outlot A of the Ewoldt Subdivision, thence north along said west line to its intersection with the south line of Husker Highway, thence continuing north along an extended line of the west line of Outlot A across Husker Highway and intersecting with the north line of Husker Highway, also known as the Point of Beginning. Illustration 1, “Context Map,” identifies the location of the Husker Highway Redevelopment Area in relation to the City of Grand Island. The entire Area is located within the Corporate Limits of Grand Island. The primary streets and roads within the Redevelopment Area include Highway 281, Husker Highway and Rae Road. Grand Island Council Session - 6/9/2015 Page 30 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 13 Major land uses in the Husker Highway Redevelopment Area consist, primarily, of vacant agricultural land, including farmstead residential. These land uses are highlighted in Illustration 2. The Redevelopment Area contains an estimated 116.5 acres, of which 19.8 acres, or approximately 17 percent of the Area has been developed. The major roadways within and bordering the Husker Highway Redevelopment Area are Husker Highway to the north and Highway 281 along the eastern perimeter of the Redevelopment Area. Rae Road separates the Ewoldt and Ponderosa Village Subdivisions. Table 3 identifies the estimated existing land uses within the Redevelopment Area, in terms of number of acres and percentage of total for all existing land uses. TABLE 3 EXISTING LAND USES HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA Land Use Acres Percent Parks/Recrea tion Vacant/Agriculture 96.7 83.0% Farmstead Residential 4.8 4.1% Streets / Highways 15.0 12.9% Total Acreage 116.5 100.0% Source: Hanna:Keelan Associates, P.C., 2015. Illustration 3 identifies the existing Zoning Classifications within the Husker Highway Redevelopment Area, north of Rae Road, as a “TA - Transitional Agricultural District.” Two additional zoning districts exist for land south of Rae Road, including a “B2 – General Business District” for lots 2 through 4 of the Ponderosa Village Subdivision, and a “RD – Residential Development District” for Lot 1. Zoning activities throughout the Husker Highway Redevelopment Area are controlled by the City of Grand Island. Grand Island Council Session - 6/9/2015 Page 31 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 14 EXISTING LAND USE MAP HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA *Lincoln, Nebraska* 402.464.5383 * ILLUSTRATION 2 Grand Island Council Session - 6/9/2015 Page 32 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 15 EXISTING ZONING MAP HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA *Lincoln, Nebraska* 402.464.5383 * ILLUSTRATION 3 Grand Island Council Session - 6/9/2015 Page 33 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 16 THE RESEARCH APPROACH The blight and substandard determination research approach implemented for the Husker Highway Redevelopment Area included an area-wide assessment (100 percent sample) of all of the Blight and Substandard Factors identified in the Nebraska Community Development Law, with the exception of defective or unusual condition of title. All Factors were investigated on an area-wide basis. Structural Survey Process The rating of building conditions is a critical step in determining the eligibility of an area for redevelopment. It is important that the system for classifying buildings be based on established evaluation standards and criteria and that it result in an accurate and consistent description of existing conditions. A structural condition survey was conducted in January, 2015. A total of 11 structures received exterior inspections. These structures were examined to document structural deficiencies in individual buildings and to identify related environmental deficiencies in the Husker Highway Redevelopment Area. The “Structural Condition Survey Form” utilized in this process is provided in the Appendix. Parcel-by-Parcel Field Survey A parcel-by-parcel field survey was also conducted in January, 2015, with each subdivision being surveyed as a single parcel. A total of two parcels, containing 17 total lots, were inspected for existing and adjacent land uses, overall site conditions, existence of debris, parking conditions and street, sidewalk and alley surface conditions. The Condition Survey Form is included in the Appendix, as well as the results of the Survey. Research on Property Ownership and Financial Assessment of Properties Public records, including municipal and county offices, involving all parcels in the Husker Highway Redevelopment Area were analyzed to determine the number of property owners within the Area. An examination of public records was conducted to determine if tax delinquencies existed for properties in the Husker Highway Redevelopment Area. The valuation, tax amount and any delinquent amount was examined for each of the properties. Grand Island Council Session - 6/9/2015 Page 34 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 17 ELIGIBILITY SURVEY AND ANALYSIS FINDINGS An analysis was made of each of the Blight and Substandard Factors listed in the Nebraska legislation to determine whether each or any were present in the Husker Highway Redevelopment Area and, if so, to what extent and in what locations. The following represents a summary evaluation of each Blight and Substandard Factor presented in the order of listing in the law. SUBSTANDARD FACTORS (1) Dilapidation/Deterioration of Structures The rating of building conditions is a critical step in determining the eligibility of a substandard area for redevelopment. The system for classifying buildings must be based on established evaluation standards and criteria and result in an accurate and consistent description of existing conditions. This section summarizes the process used for assessing building conditions in the Husker Highway Redevelopment Area, the standards and criteria used for evaluation and the findings as to the existence of dilapidation/deterioration of structures. The building condition analysis was based on an exterior inspection of all 11 existing structures, within the Husker Highway Redevelopment Area, to note structural deficiencies in individual buildings and to identify related environmental deficiencies for individual sites or parcels within the Area. 1. Structures/Building Systems Evaluation. During the on-site field analysis, each component of a structure/building was examined to determine whether it was in sound condition or has minor, major, or critical defects. Structures/building systems examined included the following three types, one Primary and two Secondary. Structural Systems (Primary Components). These include the basic elements of any structure/building: roof structure, wall foundation, and basement foundation. Grand Island Council Session - 6/9/2015 Page 35 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 18 (Secondary Components) Building Systems. These components include: roof surface condition, chimney, gutters/down spouts, and exterior wall surface. Architectural Systems. These are components generally added to the structural systems and are necessary parts of the structure/building, including exterior paint, doors, windows, porches, steps, and fire escape, and driveways and site conditions. The evaluation of each individual parcel of land included the review and evaluation of: adjacent land use, street surface type, street conditions, sidewalk conditions, parking, railroad track/right-of-way composition, existence of debris, existence of vagrants, and overall site condition, and the documentation of age and type of structure/ building. 2. Criteria for Rating Components for Structural, Building and Architectural Systems. The components for the previously identified Systems were individually rated utilizing the following criteria. Sound. Component that contained no defects, is adequately maintained, and requires no treatment outside of normal ongoing maintenance. Minor Defect. Component that contains minor defects (loose or missing material or holes and cracks over a limited area). These can be corrected through the course of normal maintenance. The correction of such defects may be accomplished by the owner or occupants, such as pointing masonry joints over a limited area or replacement of less complicated systems. Minor defects are considered in rating a structure /building as deteriorating/dilapidated. Major Defect. Components that contained major defects over a widespread area and would be difficult to correct through normal maintenance. Structures/buildings having major defects would require replacement or rebuilding of systems by people skilled in the building trades. Grand Island Council Session - 6/9/2015 Page 36 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 19 Critical Defect. Components that contained critical defects (bowing, sagging, or settling to any or all exterior systems causing the structure to be out-of-plumb or broken, loose or missing material and deterioration over a widespread area) so extensive the cost of repairs would be excessive in relation to the value returned on the investment. 3. Final Structure/Building Rating. After completion of the Exterior Rating of each structure/building, each individual structure/building was placed in one of four categories, based on the combination of defects found with Components contained in Structural, Building and Architectural Systems. Each final rating is described below: Sound. Defined as structures/buildings that can be kept in a standard condition with normal maintenance. Structures/buildings, so classified, have less than six points. Deteriorating-Minor. Defined as structures / buildings classified as deficient--requiring minor repairs--having between six and 10 points. Deteriorating-Major. Defined as structures/buildings classified as deficient--requiring major repairs-- having between 11 and 20 points. Dilapidated. Defined as structurally substandard structures / buildings containing defects that are so serious and so extensive that it may be most economical to raze the structure/building. Structures/buildings classified as dilapidated will have at least 21 points. An individual Exterior Rating Form is completed for each structure/building. The results of the Exterior Rating of all structures/buildings are presented in a Table format. Primary Components Secondary Components One Critical = 11 pts. One Critical = 6 pts. Major Deteriorating = 6 pts. Major Deteriorating = 3 pts. Minor = 2 pts. Minor = 1 pt. Grand Island Council Session - 6/9/2015 Page 37 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 20 Major deficient buildings are considered to be the same as deteriorating buildings as referenced in the Nebraska legislation; substandard buildings are the same as dilapidated buildings. The word "building" and "structure" are presumed to be interchangeable. 4. Field Survey Conclusions. The conditions of the total 11 buildings within the Husker Highway Redevelopment Area were determined based on the finding of the exterior survey. These surveys indicated the following: - None (0) of the structures were classified as structurally sound; - None (0) of the structures were classified as deteriorating with minor defects. - One (1) structure was classified as deteriorating with major defects; and - Ten (10) structures were classified as dilapidated. The results of the exterior structural survey identified the condition of structures throughout the Husker Highway Redevelopment Area. All of the 11 total structures were either deteriorating with major defects or dilapidated to a substandard condition. Conclusion. The results of the structural condition survey indicate deteriorating structures having a strong presence throughout the Husker Highway Redevelopment Area. Table 4 identifies the results of the structural rating process per building type. Grand Island Council Session - 6/9/2015 Page 38 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 21 TABLE 4 EXTERIOR SURVEY FINDINGS HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA Exterior Structural Rating Activity Sound Deteriorating (Minor) Deteriorating (Major) Dilapidated Number of Structures Deteriorating and/ or Dilapidated Residential 0 0 0 1 1 1 Other 0 0 1 9 10 10 Total 0 0 1 10 11 11 Percent 0% 0% 9.1% 90.9% 100.0% 100.0% Source: Hanna:Keelan Associates, P.C., 2015. (2) Age of Obsolescence. As per the results of the field survey and by confirmation from Hall County Assessor’s Office property records, an estimated 10 (90.9 percent) of the total 11 structures in the Area are 40+ years of age, or built prior to 1975. Additionally, the existing farmstead is estimated to have been constructed circa 1905, or approximately 110 years of age. Conclusion. The age and obsolescence of the structures is a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 39 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 22 (3) Inadequate Provision for Ventilation, Light, Air, Sanitation or Open Spaces. The results from the exterior structural survey, along with other field data, provided the basis for the identification of insanitary and unsafe conditions in the Husker Highway Redevelopment Area. Factors contributing to insanitary and unsafe conditions are discussed below. As per the results of the field survey, all 11 total structures in the Husker Highway Redevelopment Area were rated as either “deteriorating-major” or “dilapidated”. When not adequately maintained or upgraded to present-day occupancy standards, buildings in these conditions pose safety and sanitary problems. Wood frame buildings with wooden structural elements were found to be deteriorating or dilapidated and in need of demolition. Site features in the Redevelopment Area, such as privately owned access road/driveway and adjacent open storm water drainage ditches, were also rated as being deteriorated. One of the total two parcels was identified as having “poor” overall site conditions. The City of Grand Island’s Public Works Staff stated that the municipal water and sewer mains located at the perimeter of the Husker Highway Redevelopment Area, were constructed in 1992. Water mains are located within the Right-of-Ways of Husker Highway and Highway 281 and are 20” diameter. Sanitary sewer mains are 27” in diameter along Highway 281, and 36” diameter along Husker Highway. These utility mains are trunk mains that distribute water and collect sanitary sewage from several subdivisions in southwestern Grand Island and are planned to be extended to service properties near the Interstate 80 Corridor, in the near future. An 8” water main and 10” sewer main travel through Lot 1 of Ponderosa Village Subdivision, connecting the Ponderosa residential development to the main trunk lines along Highway 281. These utility mains exceed engineering standards utilized by the City of Grand Island. Although modern utility mains are readily available to properties within the Redevelopment Area, none of the interior lots are presently connected by service lines to public utilities. Conclusion The inadequate provision for ventilation, light, air, sanitation or open spaces in the Husker Highway Redevelopment Area is of a reasonable presence to constitute a Substandard Factor. Grand Island Council Session - 6/9/2015 Page 40 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 23 4) The Existence of Conditions Which Endanger Life or Property by Fire and Other Causes. 1. Building Elements that are Combustible. Wood-framed buildings with wooden structural elements are located in the Husker Highway Redevelopment Area. An abandoned farmstead house and farm buildings have been vacant for an extended length of time and are dilapidated. None of the buildings are capable of being adaptively reused and should be demolished. All 11 buildings have been determined to be in either a “deteriorating-major” or “dilapidated” condition. 2. Lack of Adequate Utilities. The City of Grand Island’s Public Works Staff stated that the municipal water and sewer mains located at the perimeter of the Husker Highway Redevelopment Area, were constructed in 1992. Water mains are located within the Right-of-Ways of Husker Highway and Highway 281 and are 20” diameter. Sanitary sewer mains are 27” in diameter along Highway 281, and 36” diameter along Husker Highway. These utility mains are trunk mains that distribute water and collect sanitary sewage from several subdivisions in southwestern Grand Island and are planned to be extended to service properties near the Interstate 80 Corridor, in the near future. An 8” water main and 10” sewer main travel through Lot 1 of Ponderosa Village Subdivision, connecting the Ponderosa residential development to the main trunk lines along Highway 281. These utility mains exceed engineering standards utilized by the City of Grand Island. Although modern utility mains are readily available to properties within the Redevelopment Area, none of the interior lots are presently connected by service lines to public utilities. Specific data relating to the Husker Highway Redevelopment Area is discussed in the following paragraphs. A total of 10 (91 percent) of the total 11 structures in the Husker Highway Redevelopment Area were built prior to 1975, thus 40+ years of age. The existing farmstead is estimated to have been constructed circa 1905, or approximately 110 years of age. Wood frame buildings include a farmstead house and associated agricultural outbuildings, all of which are deteriorated or dilapidated, and are in need of demolition. Grand Island Council Session - 6/9/2015 Page 41 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 24 Overall site conditions at properties throughout the Husker Highway Redevelopment Area were generally found to be in “poor” condition. The field survey determined that one of the two total parcels was found to be in “poor” condition. Generally, conditions combining for this determination included the evaluation of the general condition of structures, overall site conditions and adjacent right-of-way conditions. Conclusion. The conditions which endanger life or property by fire and other causes are a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 42 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 25 BLIGHT FACTORS (1) Dilapidation/Deterioration of Structures. The rating of building conditions is a critical step in determining the eligibility of a substandard area for redevelopment. The system for classifying buildings must be based on established evaluation standards and criteria and result in an accurate and consistent description of existing conditions. This section summarizes the process used for assessing building conditions in the Husker Highway Redevelopment Area, the standards and criteria used for evaluation and the findings as to the existence of dilapidation/deterioration of structures. The building condition analysis was based on an exterior inspection of all 11 existing structures, within the Husker Highway Redevelopment Area, to note structural deficiencies in individual buildings and to identify related environmental deficiencies for individual sites or parcels within the Area. 1. Structures/Building Systems Evaluation. During the on-site field analysis, each component of a structure/building was examined to determine whether it was in sound condition or has minor, major, or critical defects. Structures/building systems to be examined will include the following three types, one Primary and two Secondary. Structural Systems (Primary Components). These include the basic elements of any structure/building: roof structure, wall foundation, and basement foundation. (Secondary Components) Building Systems. These components include: roof surface condition, chimney, gutters/down spouts, and exterior wall surface. Architectural Systems. These are components generally added to the structural systems and are necessary parts of the structure/building, including exterior paint, doors, windows, porches, steps, and fire escape, and driveways and site conditions. Grand Island Council Session - 6/9/2015 Page 43 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 26 The evaluation of each individual parcel of land includes the review and evaluation of: adjacent land use, street surface type, street conditions, sidewalk conditions, parking, railroad track/right-of-way composition, existence of debris, existence of vagrants, and overall site condition, and the documentation of age and type of structure/ building. 2. Criteria for Rating Components for Structural, Building and Architectural Systems. The components for the previously identified Systems, are individually rated utilizing the following criteria. Sound. Component that contained no defects, is adequately maintained, and requires no treatment outside of normal ongoing maintenance. Minor Defect. Component that contained minor defects (loose or missing material or holes and cracks over a limited area) which often can be corrected through the course of normal maintenance. The correction of such defects may be accomplished by the owner or occupants, such as pointing masonry joints over a limited area or replacement of less complicated systems. Minor defects are considered in rating a structure/building as deteriorating/dilapidated. Major Defect. Components that contained major defects over a widespread area and would be difficult to correct through normal maintenance. Structures/buildings having major defects would require replacement or rebuilding of systems by people skilled in the building trades. Critical Defect. Components that contained critical defects (bowing, sagging, or settling to any or all exterior systems causing the structure to be out-of-plumb or broken, loose or missing material and deterioration over a widespread area) so extensive the cost of repairs would be excessive in relation to the value returned on the investment. Grand Island Council Session - 6/9/2015 Page 44 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 27 3. Final Structure/Building Rating. After completion of the Exterior Rating of each structure/building, each individual structure/building was placed in one of four categories, based on the combination of defects found with Components contained in Structural, Building and Architectural Systems. Each final rating is described below: Sound. Defined as structures/buildings that can be kept in a standard condition with normal maintenance. Structures/buildings, so classified, have less than six points. Deteriorating-Minor. Defined as structures/buildings classified as deficient--requiring minor repairs--having between six and 10 points. Deteriorating-Major. Defined as structures/buildings classified as deficient--requiring major repairs-- having between 11 and 20 points. Dilapidated. Defined as structurally substandard structures/buildings containing defects that are so serious and so extensive that it may be most economical to raze the structure/building. Structures/buildings classified as dilapidated will have at least 21 points. An individual Exterior Rating Form is completed for each structure/building. The results of the Exterior Rating of all structures/buildings are presented in a Table format. Primary Components Secondary Components One Critical = 11 pts. One Critical = 6 pts. Major Deteriorating = 6 pts. Major Deteriorating = 3 pts. Minor = 2 pts. Minor = 1 pt. Major deficient buildings are considered to be the same as deteriorating buildings as referenced in the Nebraska legislation; substandard buildings are the same as dilapidated buildings. The word "building" and "structure" are presumed to be interchangeable. Grand Island Council Session - 6/9/2015 Page 45 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 28 4. Field Survey Conclusions. The conditions of the total 11 buildings within the Husker Highway Redevelopment Area were determined based on the finding of the exterior survey. These surveys indicated the following: - None (0) of the structures were classified as structurally sound; - None (0) of the structures were classified as deteriorating with minor defects. - One (1) structure was classified as deteriorating with major defects; and - Ten (10) structures were classified as substandard. The results of the exterior structural survey identified the condition of structures throughout the Husker Highway Redevelopment Area. Of the 11 total structures, all were either deteriorating or dilapidated to a substandard condition. Conclusion. The results of the structural condition survey indicate deteriorating structures have a strong presence throughout the Husker Highway Redevelopment Area. Table 5 identifies the results of the structural rating process per building type. Grand Island Council Session - 6/9/2015 Page 46 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 29 TABLE 5 EXTERIOR SURVEY FINDINGS HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA Exterior Structural Rating Activity Sound Deteriorating (Minor) Deteriorating (Major) Dilapidated Number of Structures Deteriorating and/ or Dilapidated Residential 0 0 0 1 1 1 Other 0 0 1 9 10 10 Total 0 0 1 10 11 11 Percent 0% 0% 9.1% 90.9% 100.0% 100.0% Source: Hanna:Keelan Associates, P.C., 2015. Grand Island Council Session - 6/9/2015 Page 47 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 30 (2) Existence of Defective or Inadequate Street Layout. The Husker Highway Redevelopment Area consists of land platted for local streets, but are not currently paved. The Highway 281 Corridor is situated at the eastern boundary of the Redevelopment Area, while Husker Highway is located across the northern boundary. Rae Road separates the Ewoldt and Ponderosa Village Subdivisions. Major problem conditions that contribute to the Factor of existence of defective or inadequate street layout are discussed below. 1. Poor Condition Frontage and Access Streets. A privately owned access road, or driveway leading to the abandoned farmstead house and buildings is a dirt surfaced road with two tire lanes on either side of a grass center strip. The completion of the four- lane Highway 281 Corridor, several years ago, relocated the farmstead driveway from the Highway to Rae Road. This access road to the abandoned farmstead is in substandard condition, lacks a sufficient road base and has inadequate storm water drainage ditches. During inclement weather conditions, this property would become inaccessible by motor vehicles. Conclusion. The existence of defective or inadequate street layout in the Husker Highway Redevelopment Area is a strong presence and constitutes a Blight Factor. Grand Island Council Session - 6/9/2015 Page 48 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 31 3) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness. Building use and condition surveys, the review of property ownership and subdivision records and field surveys resulted in the identification of conditions associated with faulty lot layout in relation to size, adequacy and accessibility, or usefulness of land within the Husker Highway Redevelopment Area. The problem conditions include: 1. Inadequate Lot Size and Adequacy Issues. The entire Husker Highway Redevelopment Area is identified as the Ewoldt Subdivision, which was platted in April, 2006, and Lots 1 through 4 of the Ponderosa Village Subdivision, platted in December, 2011. Each subdivision was surveyed as one parcel. The Ewoldt Subdivision includes 10 individual lots, located along the two Highway Corridors and ranging in size from approximately one to two acres. Three additional “outlots” are also located along the perimeter of the Area, while a fourth, Outlot “A,” is identified as being nearly 65 acres in area and encompasses the abandoned farmstead. The four lots of Ponderosa Village Subdivision range in size from 0.31 acres to 1.53 Acres and includes a right-of-way for the unpaved, James Road. 2. Accessibility or Usefulness. Access to individual properties and public facilities are limited within the Husker Highway Redevelopment Area. Although highly visible from Highway 281 and Husker Highway, the Redevelopment Area is only accessible from Rae Road. A secondary farm field access is located at the south side of Husker Highway, in the northwest corner of the Redevelopment Area. A concrete surfaced trail is located directly east of Highway 281, but no sidewalks exist adjacent the Redevelopment Area. Residents of Ponderosa Lake Estates, located southwest of the Redevelopment Area, must cross the four-lane highway at Rae Road, which is not a signalized intersection, to access the trail. The intersection of Husker Highway and Highway 281 is a fully signalized intersection, but no sidewalks exist along the east or north perimeters of the Redevelopment Area. Conclusion. Faulty lot layout in relation to size, adequacy and usefulness is a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 49 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 32 (4) Insanitary and Unsafe Conditions. The results of the area-wide field survey, along with information retained from City Officials, provided the basis for the identification of insanitary and unsafe conditions within the Husker Highway Redevelopment Area. 1. Age and Associated Condition of Structures. The analysis of the 11 structures in the Husker Highway Redevelopment Area concluded that 10 (91 percent) are 40+ years of age, built prior to 1975. Additionally, the existing farmstead is estimated to have been constructed circa 1905, or approximately 110 years of age. The advanced age of the abandoned farmstead buildings has resulted in dilapidated structures that are potentially dangerous to adjacent property, vagrants/trespassers and are detrimental to future development. 2. Lack of Adequate Utilities. The City of Grand Island’s Public Works Staff stated that the municipal water and sewer mains located at the perimeter of the Husker Highway Redevelopment Area, were constructed in 1992. Water mains are located within the Right-of-Ways of Husker Highway and Highway 281 and are 20” diameter. Sanitary sewer mains are 27” in diameter along Highway 281, and 36” diameter along Husker Highway. These utility mains are trunk mains that distribute water and collect sanitary sewage from several subdivisions in southwestern Grand Island and are planned to be extended to service properties near the Interstate 80 Corridor, in the near future. An 8” water main and 10” sewer main travel through Lot 1 of Ponderosa Village Subdivision, connecting the Ponderosa residential development to the main trunk lines along Highway 281. These utility mains exceed engineering standards utilized by the City of Grand Island. Although modern utility mains are readily available to properties within the Redevelopment Area, none of the interior lots are presently connected by service lines to public utilities. Conclusion. Insanitary and unsafe conditions are a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 50 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 33 (5) Deterioration of Site or Other Improvements. Field observations were conducted to determine the condition of site or other improvements within the Husker Highway Redevelopment Area, including arterial and local streets, storm water drainage ditches, traffic control devices and off-street parking. The Appendix documents the present condition of these site features. The primary problems in the Husker Highway Redevelopment Area are age, debris and inadequate public improvements. One of the total two parcels within the Husker Highway Redevelopment Area received an overall site condition rating of “poor.” Conditions that lead to these findings included: 1. The abandoned farmstead house and associated buildings are accessed by a long dirt surfaced access road, or driveway. The access road connects to Rae Road and was observed to be in poor condition, lacking an adequate road base and associated storm water drainage ditches. As a result, this access road can become impassable during inclement weather. Ponding water in the areas lacking adequate storm water drainage systems can attract mosquitoes and other pests. A large swale is located along the southern border of the Redevelopment Area, to control heavy rain and flooding issues. 2. A concrete surfaced trail exists along the east side of Highway 281, but no sidewalks exist at the east or north sides of the Redevelopment Area. Pedestrians in the residential subdivision southwest of the Redevelopment Area could cross Highway 281 at its intersection with Rae Road, but no traffic control devices exist at this location. The intersection of Highway 281 and Husker Highway is fully signalized, but no sidewalks exist along the eastern perimeter of the Redevelopment Area to accommodate pedestrian access to this intersection. Conclusion. Deterioration of site improvements is a strong presence in the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 51 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 34 (6) Diversity of Ownership. Only one individual partnership or corporation owns all property within the Husker Highway Redevelopment Area. Publicly owned lands and local street rights-of-way are located at the perimeter of the Husker Highway Redevelopment Area. The necessity to acquire numerous lots is typically a hindrance to redevelopment. However, in the case of the Husker Highway Redevelopment Area, there is only one owner of record. Conclusion. The factor “diversity of ownership” is of no presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 52 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 35 (7) Tax or Special Assessment Delinquency Exceeding the Fair Value of the Land. A thorough examination of public records was conducted to determine the status of taxation of properties located in the Husker Highway Redevelopment Area. It should be noted, real estate is taxed at approximately 98 percent of fair value, rendering it almost impossible for a tax to exceed value in a steady real estate market. If a badly dilapidated property was assessed (or valued) too high, the public protest system is designed to give the owner appropriate relief and tax adjustment. 1. Real Estate Taxes. Public records were examined for the purposes of determining if delinquent taxes were currently outstanding on parcels within the Husker Highway Redevelopment Area. The records indicated that neither of the two parcels were classified as delinquent by the Hall County Treasurer’s Office. 2. Real Estate Taxes. The tax values within the Husker Highway Redevelopment Area generally appeared to be equal to or greater than the market value of the properties. The total estimated appraised valuation within the Husker Highway Redevelopment Area is $636,916. 3. Tax Exempt. No properties within the Husker Highway Redevelopment Area were identified by the Hall County Assessor and Treasurer’s Offices as having full or partial exemption from property taxes. Conclusion. Taxes or special assessments delinquency were of no presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 53 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 36 (8) Defective or Unusual Condition of Title. Whenever land is sold, mortgaged, or both, a title insurance policy is typically issued, at which time any title defects are corrected. Once title insurance has been written, all other titles in the same subdivision or addition will only have to be checked for the period of time subsequent to the creation of the addition or subdivision, as everything previous is the same and any defects will already have been corrected. Thus, the only possibility for title problems are from improper filings, since platting on properties that have not been mortgaged or sold is very small. Conclusion. Examination of public records does not provide any basis for identifying any defective or unusual conditions of title. Such few conditions as may exist would contribute to neither any existing problems nor to difficulty in acquisition or redevelopment and are therefore not found to exist at a level large enough to constitute a Blight Factor in the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 54 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 37 (9) Improper Subdivision or Obsolete Platting. An in-depth analysis of the subdivision conditions in the Husker Highway Redevelopment Area revealed that improper subdivision and obsolete platting is prevalent throughout the Area. The two parcels contain a total of 17 lots varying in size and shape. The Ewoldt Subdivision was platted in 2006 and contains 10 individual lots ranging in area from one to two acres. The lots in the Ewoldt Subdivision are located along the perimeter of the Redevelopment Area, fronting on both Husker Highway and Highway 281. Additionally, three “outlots” are located between these small individual lots, while a large, approximately 65 acre outlot, encompasses the remaining portion of the Ewoldt Subdivision. The Ponderosa Village Subdivision was platted in December, 2011 and contains four individual lots ranging from 0.31 acres to 1.53 acres. A former farmstead has become economically obsolescent due to the property being bound by Highways on the north and east and encroached upon by a lake front subdivision directly southwest of the Redevelopment Area. The former farmstead has been annexed into the Corporate Limits of the City of Grand Island and is no longer viable for agricultural crop production. Several one to two acre individual lots were platted along the northern and eastern boundaries of the Area. A single parcel identified as a 65 acre “Outlot” occupies the remaining portion of the Husker Highway Redevelopment Area. The underlying parcel boundaries have not facilitated the development of this subdivision. Although the Husker Highway Redevelopment Area is platted as an entire subdivision, it has not attracted any development, to date. In order for the redevelopment of this Area to occur, it is assumed that the current platted subdivision will need to be vacated and replatted to support future development endeavors. Conclusion. A strong presence of improper subdivision or obsolete platting exists throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 55 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 38 10) The Existence of Conditions Which Endanger Life or Property by Fire and Other Causes. 1. Building Elements that are Combustible. Wood-framed buildings with wooden structural elements are located in the Husker Highway Redevelopment Area. An abandoned farmstead house and farm buildings have been vacant for an extended length of time and are dilapidated. None of the buildings are capable of being adaptively reused and should be demolished. All 11 buildings have been determined to be in either a “deteriorating-major” or “dilapidated” condition. 2. Lack of Adequate Utilities. The City of Grand Island’s Public Works Staff stated that the municipal water and sewer mains located at the perimeter of the Husker Highway Redevelopment Area, were constructed in 1992. Water mains are located within the Right-of-Ways of Husker Highway and Highway 281 and are 20” diameter. Sanitary sewer mains are 27” in diameter along Highway 281, and 36” diameter along Husker Highway. These utility mains are trunk mains that distribute water and collect sanitary sewage from several subdivisions in southwestern Grand Island and are planned to be extended to service properties near the Interstate 80 Corridor, in the near future. An 8” water main and 10” sewer main travel through Lot 1 of Ponderosa Village Subdivision, connecting the Ponderosa residential development to the main trunk lines along Highway 281. These utility mains exceed engineering standards utilized by the City of Grand Island. Although modern utility mains are readily available to properties within the Redevelopment Area, none of the interior lots are presently connected by service lines to public utilities. Specific data relating to the Husker Highway Redevelopment Area is discussed in the following paragraphs. A total of 10 (91 percent) of the total 11 structures in the Husker Highway Redevelopment Area were built prior to 1975, thus 40+ years of age. The existing farmstead is estimated to have been constructed circa 1905, or approximately 110 years of age. Wood frame buildings are located within the farmstead the Redevelopment Area, all of which are deteriorated or dilapidated, and are in need of demolition. Grand Island Council Session - 6/9/2015 Page 56 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 39 Overall site conditions at properties throughout the Husker Highway Redevelopment Area were generally found to be in “poor” condition. The field survey determined that one of the total two parcels was found to be in “poor” condition. Generally, conditions combining for this determination included the evaluation of the general condition of structures, overall site conditions and adjacent right-of-way conditions. Conclusion. The conditions which endanger life or property by fire and other causes are a strong presence throughout the Husker Highway Redevelopment Area. View of the abandoned farmstead from the private access road or driveway, looking towards the west/southwest. Grand Island Council Session - 6/9/2015 Page 57 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 40 (11) Other Environmental and Blighting Factors. The Nebraska Community Development Law includes in its statement of purpose an additional criterion for identifying blight, viz., "economically or socially undesirable land uses." Conditions which are considered to be economically and/or socially undesirable include: (a) incompatible uses or mixed-use relationships, (b) economic obsolescence, and c) functional obsolescence. For purpose of this analysis, functional obsolescence relates to the physical utility of a structure and economic obsolescence relates to a property's ability to compete in the market place. These two definitions are interrelated and complement each other. The farmstead at the Redevelopment Area is not, on its own, economically viable for agricultural production. The annexation and incorporation of the Redevelopment Area into the City of Grand Island fundamentally changed the highest and best use of this property to urbanized development(s). Proximity of the farmstead to two- and four-lane highways, primary or “trunk” water and sanitary sewer mains and to residential and commercial development has rendered agricultural production at this former farmstead a functionally obsolete use. Although publically owned infrastructure improvements have occurred adjacent the Husker Highway Redevelopment Area, additional efforts are needed. Numerous problems or obstacles exist for comprehensive redevelopment efforts by the private sector; problems that only public financial assistance can remedy. These include removal of substantially dilapidated structures and socially undesirable land uses, the extension of publicly owned water and sewer systems that are necessary to support modern development and the need for extending hard surfaced frontage and access roads into the Redevelopment Area. Conclusion. Other Environmental and Blighting Factors are a strong presence throughout the Husker Highway Redevelopment Area, containing functionally and economically obsolete farmstead and associated agricultural production lands of insufficient size to remain independently viable. Grand Island Council Session - 6/9/2015 Page 58 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 41 (12) Additional Blighting Conditions. According to the definition set forth in the Nebraska Community Development Law, Section 18-2102, in order for an area to be determined "blighted" it must (1) meet the eleven criteria by reason of presence and (2) contain at least one of the five conditions identified below: 1. Unemployment in the designated blighted and substandard area is at least one hundred twenty percent of the state or national average; 2. The average age of the residential or commercial units in the area is at least forty years; 3. More than half of the plotted and subdivided property in the area is unimproved land that has been within the City for forty years and has remained unimproved during that time; 4. The per capita income of the designated blighted and substandard area is lower than the average per capita income of the Village or City in which the area is designated; or 5. The area has had either stable or decreasing population based on the last two decennial censuses. One of the aforementioned criteria is prevalent throughout the designated blighted areas. The average age of the residential or commercial units in the area is at least forty (40) years. The existing farmstead is estimated to have been constructed circa 1905, and are approximately 110 years of age. A total of 10, or 91 percent of the total 11 structures throughout the Husker Highway Redevelopment Area are at least 40+ years of age. Conclusion. The criteria of average age of residential units is over 40 years of age as one of five additional blighting conditions is a strong presence throughout the Husker Highway Redevelopment Area. Grand Island Council Session - 6/9/2015 Page 59 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 42 DETERMINATION OF REDEVELOPMENT AREA ELIGIBILITY The Husker Highway Redevelopment Area meets the requirements of the Nebraska Community Development Law for designation as both a "Blighted and Substandard Area." There is at least a reasonable distribution of all Four Factors that constitute the Area as substandard. Of the 12 possible Factors that can constitute an Area blighted, nine have a strong presence in the Husker Highway Redevelopment Area. Factors present in each of the criteria are identified below. Substandard Factors 1. Dilapidated/deterioration. 2. Age or obsolescence. 3. Inadequate provision for ventilation, light, air, sanitation or open spaces. 4. Existence of conditions which endanger life or property by fire and other causes. Blight Factors 1. A substantial number of deteriorated or deteriorating structures. 2. Existence of defective or inadequate street layout. 3. Faulty lot layout in relation to size, adequacy, accessibility or usefulness. 4. Insanitary or unsafe conditions. 5. Deterioration of site or other improvements. 6. Improper subdivision or obsolete platting. 7. The existence of conditions which endanger life or property by fire or other causes. 8. Other environmental and blighting factors. 9. One of the other five conditions. Grand Island Council Session - 6/9/2015 Page 60 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 43 Although all of the previously listed Factors are at least reasonably present throughout the Husker Highway Redevelopment Area, the conclusion is that the average age of the structures, insanitary and unsafe conditions, deterioration of site or other improvements and the existence of conditions which endanger life or property by fire or other causes are a sufficient basis for designation of the Husker Highway Redevelopment Area as blighted and substandard. The extent of Blight and Substandard Factors in the Husker Highway Redevelopment Area, addressed in this document, is presented in Tables 1 and 2, located on Pages 5 and 7 respectively. The eligibility findings indicate that the Husker Highway Redevelopment Area is in need of revitalization and strengthening to ensure it will contribute to the physical, economic and social well-being of the City of Grand Island and support any value added developments. Indications are that the Area, on the whole, has not been subject to comprehensive, sufficient growth and development through investment by the private sector nor would the areas be reasonably anticipated to be developed without public action or public intervention. Grand Island Council Session - 6/9/2015 Page 61 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 44 Structural/Site Conditions Parcel # Survey Form Address: Section I: 1. Type of Units: SF MF Mixed Use Duplex No. of Units 2. Units: Under construction/rehab For Sale Both 3. Vacant Units: Inhabitable Uninhabitable 4. Vacant Parcel: Developable Undevelopable 5. Non-residential Use: Commercial Industrial Public Other/Specify: Section II: Structural Components Primary Components (Critical) Dilapidated (Major) Deteriorating Minor None Sound 1 Roof 2 Wall Foundation 3 Foundation Concrete Stone Rolled Asphalt Brick Other Secondary Components (Critical) Dilapidated (Major) Deteriorating Minor None Sound 4 Roof Asphalt Shingles Rolled Asphalt Cedar Combination Other 5 Chimney 6 Gutters, Downspouts 7 Wall Surface Frame Masonry Siding Combination Stucco Other 8 Paint 9 Doors 10 Windows 11 Porches,Steps,Fire Escape 12 Driveways, Side Condition Final Rating: Sound Deficient-Minor Deteriorating Dilapidated Built Within: 1 year 1-5 years 5-10 years 10-20 years 20-40 years 40-100 years 100+ years Section III: Revitalization Area 1. Adjacent Land Usage: 2. Street Surface Type: 3. Street Condition: E G F P 4. Sidewalk Condition: N E G F P 5. Parking (Off-Street): N # of Spaces Surface 6. Railroad Track/Right-of Way Composition: N E G F ____P 7. Existence of Debris: MA MI N 8. Existence of Vagrants: MA MI N 9. Overall Site Condition: E G F P Grand Island Council Session - 6/9/2015 Page 62 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 45 HUSKER HIGHWAY REDEVELOPMENT AREA TOTAL PERCENT RESIDENTIAL COMMERCIAL INDUSTRIAL VACANT OTHER AGE OF STRUCTURE 1-5 Years 0 0.0% 0 0 0 N/A 0 5-10 Years 0 0.0% 0 0 0 N/A 0 10-20 Years 0 0.0% 0 0 0 N/A 0 20-40 Years 1 9.1% 0 0 0 N/A 1 40-100 Years 10 90.9% 1 0 0 N/A 9 100+ Years 0 0.0% 0 0 0 N/A 0 TOTAL 11 100.0% 1 0 0 N/A 10 FINAL STRUCTURAL RATING Sound 0 0.0% 0 0 0 N/A 0 Deteriorating-Minor 0 0.0% 0 0 0 N/A 0 Deteriorating-Major 1 9.1% 0 0 0 N/A 1 Dilapidated 10 90.9% 1 0 0 N/A 9 TOTAL 11 100.0% 1 0 0 N/A 10 STREET CONDITION None 11 9.1% 1 0 0 0 10 Excellent 0 0.0% 0 0 0 0 0 Good 0 18.2% 0 0 0 0 0 Fair 0 72.7% 0 0 0 0 0 Poor 0 0.0% 0 0 0 0 0 TOTAL 11 100.0% 1 0 0 0 10 SIDEWALK CONDITION None 2 100.0% 1 0 0 0 1 Excellent 0 0.0% 0 0 0 0 0 Good 0 0.0% 0 0 0 0 0 Fair 0 0.0% 0 0 0 0 0 Poor 0 0.0% 0 0 0 0 0 TOTAL 2 100.0% 1 0 0 0 1 DEBRIS None 1 50.0% 1 0 0 0 0 Major 0 0.0% 0 0 0 0 0 Minor 1 50.0% 0 0 0 0 1 TOTAL 2 100.0% 1 0 0 1 10 OVERALL SITE CONDITION Excellent 0 0.0% 0 0 0 0 0 Good 0 0.0% 0 0 0 0 0 Fair 1 50.0% 0 0 0 1 0 Poor 1 50.0% 1 0 0 0 0 TOTAL 2 100.0% 1 0 0 1 0 PARKING SPACES Ranges 0-300 0.0% 1-2 1-300 0-0 N/A 1-50 None 2 100.0% 1 0 0 1 0 Hard Surfaced 0 0.0% 0 0 0 0 0 Unimproved 0 0.0% 0 0 0 0 0 TOTAL 2 100.0% 1 0 0 1 0 Grand Island Council Session - 6/9/2015 Page 63 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 46 HUSKER HIGHWAY REDEVELOPMENT AREA TOTAL PERCENT RESIDENTIAL COMMERCIAL INDUSTRIAL VACANT OTHER DOORS None 0 0.0% 0 0 0 N/A 0 Sound 0 0.0% 0 0 0 N/A 0 Minor 0 0.0% 0 0 0 N/A 0 Substandard 6 54.5% 0 0 0 N/A 6 Critical 5 45.5% 1 0 0 N/A 4 TOTAL 11 100.0% 1 0 0 N/A 10 WINDOWS None 1 9.1% 0 0 0 N/A 1 Sound 0 0.0% 0 0 0 N/A 0 Minor 0 0.0% 0 0 0 N/A 0 Substandard 4 36.4% 0 0 0 N/A 4 Critical 6 54.5% 1 0 0 N/A 5 TOTAL 11 100.0% 1 0 0 N/A 10 STREET TYPE None 2 100.0% 1 0 0 1 0 Concrete 0 0.0% 0 0 0 0 0 Asphalt 0 0.0% 0 0 0 0 0 Gravel 0 0.0% 0 0 0 0 0 Dirt 0 0.0% 0 0 0 0 0 Brick 0 0.0% 0 0 0 0 0 TOTAL 2 100.0% 1 0 0 1 0 PORCHES… None 1 9.1% 0 0 0 N/A 1 Sound 0 0.0% 0 0 0 N/A 0 Minor 0 0.0% 0 0 0 N/A 0 Substandard 6 54.5% 0 0 0 N/A 6 Critical 4 36.4% 1 0 0 N/A 3 TOTAL 11 100.0% 1 0 0 N/A 10 PAINT None 1 9.1% 0 0 0 N/A 1 Sound 0 0.0% 0 0 0 N/A 0 Minor 0 0.0% 0 0 0 N/A 0 Substandard 6 54.5% 0 0 0 N/A 6 Critical 4 36.4% 1 0 0 N/A 3 TOTAL 11 100.0% 1 0 0 N/A 10 DRIVEWAY None 0 0.0% 0 0 0 N/A 0 Sound 0 0.0% 0 0 0 N/A 0 Minor 0 0.0% 0 0 0 N/A 0 Substandard 6 60.0% 0 0 0 N/A 6 Critical 4 40.0% 1 0 0 N/A 3 TOTAL 10 100.0% 1 0 0 N/A 9 Grand Island Council Session - 6/9/2015 Page 64 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 47 HUSKER HIGHWAY REDEVELOPMENT AREA TOTAL PERCENT RESIDENTIAL COMMERCIAL INDUSTRIAL VACANT OTHER ROOF STRUCTURE None 0 0% 0 0 0 N/A 0 Sound 0 0% 0 0 0 N/A 0 Minor 0 0% 0 0 0 N/A 0 Substandard 7 64% 1 0 0 N/A 6 Critical 4 36% 0 0 0 N/A 4 TOTAL 11 100% 1 0 0 N/A 10 WALL FOUNDATION None 0 0% 0 0 0 N/A 0 Sound 0 0% 0 0 0 N/A 0 Minor 1 9% 0 0 0 N/A 1 Substandard 6 55% 1 0 0 N/A 5 Critical 4 36% 0 0 0 N/A 4 TOTAL 11 100% 1 0 0 N/A 10 FOUNDATION None 0 0% 0 0 0 N/A 0 Sound 1 9% 0 0 0 N/A 1 Minor 0 0% 0 0 0 N/A 0 Substandard 7 64% 1 0 0 N/A 6 Critical 3 27% 0 0 0 N/A 3 TOTAL 11 100% 1 0 0 N/A 10 FOUNDATION TYPE Concrete 1 9% 0 0 0 N/A 1 Stone 10 91% 1 0 0 N/A 9 Rolled Asphalt 0 0% 0 0 0 N/A 0 Brick 0 0% 0 0 0 N/A 0 Other/None 0 0% 0 0 0 N/A 0 TOTAL 11 100% 1 0 0 N/A 10 ROOF SURFACE None 1 9% 1 0 0 N/A 0 Sound 0 0% 0 0 0 N/A 0 Minor 1 9% 0 0 0 N/A 1 Substandard 4 36% 0 0 0 N/A 4 Critical 5 45% 0 0 0 N/A 5 TOTAL 11 100% 1 0 0 N/A 10 ROOF TYPE Asphalt Shingles 0 0% 0 0 0 N/A 0 Rolled Asphalt 0 0% 0 0 0 N/A 0 Cedar 9 82% 1 0 0 N/A 8 Combination 1 9% 0 0 0 N/A 1 Other 1 9% 0 0 0 N/A 1 TOTAL 11 100% 1 0 0 N/A 10 Grand Island Council Session - 6/9/2015 Page 65 / 228 Grand Island, Nebraska Blight & Substandard Determination Study Husker Highway Redevelopment Area 48 HUSKER HIGHWAY REDEVELOPMENT AREA TOTAL PERCENT RESIDENTIAL COMMERCIAL INDUSTRIAL VACANT OTHER CHIMNEY None 10 91% 0 0 0 N/A 10 Sound 0 0% 0 0 0 N/A 0 Minor 0 0% 0 0 0 N/A 0 Substandard 1 9% 1 0 0 N/A 0 Critical 0 0% 0 0 0 N/A 0 TOTAL 11 100% 1 0 0 N/A 10 GUTTER, DOWNSPOUTS None 10 91% 1 0 0 N/A 9 Sound 0 0% 0 0 0 N/A 0 Minor 0 0% 0 0 0 N/A 0 Substandard 0 0% 0 0 0 N/A 0 Critical 1 9% 0 0 0 N/A 1 TOTAL 11 100% 1 0 0 N/A 10 WALL SURFACE None 0 0% 0 0 0 N/A 0 Sound 1 9% 0 0 0 N/A 1 Minor 1 9% 0 0 0 N/A 1 Substandard 3 27% 1 0 0 N/A 2 Critical 6 55% 0 0 0 N/A 6 TOTAL 11 100% 1 0 0 N/A 10 WALL SURFACE TYPE Frame 8 73% 0 0 0 N/A 8 Masonry 0 0% 0 0 0 N/A 0 Siding 0 0% 0 0 0 N/A 0 Combination 0 0% 0 0 0 N/A 0 Stucco 0 0% 0 0 0 N/A 0 Other 3 27% 1 0 0 N/A 2 TOTAL 11 100% 1 0 0 N/A 10 PARKING SURFACE None 6 55% 0 0 0 N/A 6 Concrete 0 0% 0 0 0 N/A 0 Asphalt 0 0% 0 0 0 N/A 0 Gravel 1 9% 1 0 0 N/A 0 Dirt 4 36% 0 0 0 N/A 4 Brick 0 0% 0 0 0 N/A 0 TOTAL 11 100% 1 0 0 N/A 10 PARKING SPACES None 6 55% 0 0 0 N/A 6 1 to 2 5 45% 1 0 0 N/A 4 3 to 5 0 0% 0 0 0 N/A 0 6 to 10 0 0% 0 0 0 N/A 0 11 to 20 0 0% 0 0 0 N/A 0 21 or More 0 0% 0 0 0 N/A 0 TOTAL 11 100% 1 0 0 N/A 10 Grand Island Council Session - 6/9/2015 Page 66 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 49 GENERAL REDEVELOPMENT PLAN Purpose of Plan/Conclusion The purpose of this General Redevelopment Plan is to serve as a guide for implementation of redevelopment activities within the Husker Highway Redevelopment Area, in the City of Grand Island, Nebraska. Redevelopment activities associated with the Nebraska Community Development Law, State Statutes 18-2101 through 18-2154, should be utilized to promote the general welfare and enhance the tax base, as well as promote economic and social well being of the Community. A General Redevelopment Plan must contain the general planning elements required by Nebraska State Revised Statues, Section 18-2111 re-issue 1991 items (1) through (6). A description of these items is as follows: (1) The boundaries of the redevelopment project 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. Furthermore, the General Redevelopment Plan must further address the items required under Section 18-2113, "Plan; considerations", which the Grand Island Community Redevelopment Authority (CRA) must consider prior to recommending a redevelopment plan to the Planning Commission and City Council for adoption. These "considerations" are defined 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 Grand Island Council Session - 6/9/2015 Page 67 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 50 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." Conclusion The General Redevelopment Plan applies to the Husker Highway Redevelopment Area in Grand Island, Nebraska, which consists of the blight and substandard determination area. Illustration 1 delineates the geography of the Husker Highway Redevelopment Area. The portion of the City included in the Husker Highway Redevelopment Area equals an estimated 116.5 total acres and includes the Ewoldt and Ponderosa Village Subdivisions. The Husker Highway Redevelopment Area is located within the Corporate Limits of the City of Grand Island, Hall County, Nebraska. Illustration 1 identifies the Husker Highway Redevelopment Area, in relation to the City. The Redevelopment Area abuts the right-of-ways of Husker Highway and Highway 281. The planning process for the Husker Highway Redevelopment Area has resulted in a listing of general planning and implementation recommendations. As discussed in the Blight & Substandard Determination Study, there are several existing land uses and properties in substandard condition that are nonconforming in nature, detrimental to the health, safety and general welfare of the Community and generally obsolete in respect to the development and living environment norms of today’s Nebraska communities, including the City of Grand Island. There are also multiple development and redevelopment opportunities in the Husker Highway Redevelopment Area, capable of improving the overall quality of life and economic standard of Grand Island and increase the City’s real estate and sales tax base. Grand Island Council Session - 6/9/2015 Page 68 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 51 Planning and Implementation Recommendations To eliminate these conditions and enhance private development activities within the Husker Highway Redevelopment Area, the City of Grand Island will need to consider the following general planning and redevelopment actions:  Create an “Economic Development Initiative” for job creation in the Husker Highway Redevelopment Area that concentrates on the use of Tax Increment Financing for the development of new businesses. The Area is in need of additional retail, lodging and restaurant developments.  Establish a “Public Utilities and Infrastructure Initiative” that concentrates on the use of Tax Increment Financing for the extension of all necessary utility and infrastructure systems in order to make the Husker Highway Redevelopment Area, viable for future development.  Devise a Plan to address the lack of sidewalks within and adjacent to the Redevelopment Area. This includes developing safe pedestrian routes across the Highway 281 Corridor, connecting to the existing hiker/biker trail east of the four-lane Highway 281 Corridor.  Encourage removal of substantially dilapidated and substandard structures within the Husker Highway Redevelopment Area to prepare for future development;  Combine both public and private funding sources with Tax Increment Financing to purchase and demolish dilapidated residential and agricultural buildings that are not cost-effective to be rehabilitated; Implementation Both a time-line and budget should be developed for the implementation of the Redevelopment Plan. Each of these processes should be designed in conformance with the resources and time available to the City. A reasonable time-line to complete the redevelopment activities identified in the Plan would be seven to 10 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. Grand Island Council Session - 6/9/2015 Page 69 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 52 These include local and federal funds commonly utilized to finance street improvement funds, i.e. LB840, Community Development Block Grants, Special Assessments, General Obligation Bonds and Tax Increment Financing (TIF). The use of TIF for redevelopment projects in the Husker Highway Redevelopment Area is deemed to be an essential and integral element of the Redevelopment Area. The use of TIF in connection with such projects is contemplated by the Plan and such designation and use of TIF will not constitute a substantial modification to the Plan. The City agrees, when approving the General Redevelopment Plan, to the utilization of TIF for appropriate redevelopment projects and agrees to pledge the taxes generated from a redevelopment project for such purposes in accordance with the Act. Any redevelopment program receiving TIF is subject to a Cost Benefit Analysis. TIF, as a source of public financing, ultimately impacts taxing authorities in the City of Grand Island and Hall County. Proposed redevelopment projects using TIF must meet the Cost Benefit Analysis and the "But for" test. Accordingly, "But for TIF" a redevelopment project could not be fully executed and constructed in the Community. Grand Island Council Session - 6/9/2015 Page 70 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 53 1. Future Land Use Patterns The existing land use patterns within the Husker Highway Redevelopment Area were depicted and described in detail in the Blight and Substandard Determination Study. In general, the Redevelopment Area consists of an abandoned farmstead and vacant/agricultural land use types. The field survey identified properties and structures in “deteriorating-major” and “dilapidated” condition, as well as vacant lands that have remained undeveloped in spite of available utilities at the perimeter of the Area. Illustration 4, the Future Land Use Map for the Husker Highway Redevelopment Area, represents an effort to encourage land uses that reflect nearby developed properties. Commercial uses are recommended throughout the Redevelopment Area to support future retail/office businesses with frontage on the highway corridor. The portion of the Redevelopment Area located to the west of the platted, but undeveloped James Road, is recommended to be designated for future commercial uses in support of a regional shopping center location. 2. Future Zoning Districts. The recommended Future Zoning Map for the Husker Highway Redevelopment Area is identified in Illustration 5. The Future Zoning Map is generally in conformance with the Comprehensive Plan of Grand Island and specifically with the Future Land Use Map, Illustration 4. The entire Redevelopment Area is recommended to be designated as “CD - Commercial Development District” in accordance with the Zoning Regulations of the City of Grand Island. This is a Planned Unit Development district for commercial uses that allows more than one primary use or building on an individual lot. Grand Island Council Session - 6/9/2015 Page 71 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 54 FUTURE LAND USE MAP HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA *Lincoln, Nebraska* 402.464.5383 * ILLUSTRATION 4 Grand Island Council Session - 6/9/2015 Page 72 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 55 FUTURE ZONING MAP HUSKER HIGHWAY REDEVELOPMENT AREA GRAND ISLAND, NEBRASKA *Lincoln, Nebraska* 402.464.5383 * ILLUSTRATION 5 Grand Island Council Session - 6/9/2015 Page 73 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 56 3. Recommended Public Improvements The primary purpose for a General Redevelopment Plan, accompanied with the preceding Blight and Substandard Determination Study, is to allow for the use of public financing in a specific area. This public financing is planned and implemented to serve as a “first step” for public improvements and encourage private development within the Husker Highway Redevelopment Area. The most common form of public improvements occur with infrastructure, specifically streets, water, sanitary sewer and storm sewer systems, sidewalks, open space and recreational uses. The primary infrastructure concerns in the Husker Highway Redevelopment Area are the need to extend all utility and infrastructure systems in order to make the Area viable for future development opportunities. The lack of street systems within the Husker Highway Redevelopment Area will require an extension of all appropriate public and private access and frontage roads to make the Area attractive for development. A planned program of sidewalk paving, curb and gutter, and street paving/resurfacing projects should be established in the Redevelopment Area, in conjunction with the Grand Island One- and Six-Year Street Plan. Private water wells and septic systems and leach fields formerly associated with the abandoned farmstead will need to be decommissioned and removed along with the dilapidated buildings to support redevelopment efforts throughout the Husker Highway Redevelopment Area. Redevelopment finance tools, such as Tax Increment Financing, will provide incentives to facilitate development. Tax Increment Financing can serve as a valuable source of additional monies to defer the cost of the development of all necessary utilities and infrastructural systems within the Husker Highway Redevelopment Area. The Community Development Block Program is one example of a State and Federal program to assist in financing development activities in a designated blighted and substandard area. Grand Island Council Session - 6/9/2015 Page 74 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 57 Conclusions Redevelopment activities, in the Husker Highway Redevelopment Area, should serve local residents, as well as highway travelers. The redevelopment efforts within the Area will foster an appreciation for its image, character and uniqueness in Grand Island. A successful General Redevelopment Plan, for the Husker Highway Redevelopment Area, should guide redevelopment and development opportunities, while securing the viability of this Area as a combined residential neighborhood and commercial service area. New construction should not imitate, but be compatible by similar materials, colors and heights exhibited by existing structures within, and adjacent to the Husker Highway Redevelopment Area. The Community Redevelopment Authority (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 the Husker Highway Redevelopment Area. The demolition of existing buildings will enhance the visual appearance of the Area, making it more attractive for future development. Prior to transportation network improvements, the City and the CRA should develop a plan to accommodate efficient infrastructure development and improvements. Grand Island Council Session - 6/9/2015 Page 75 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 58 The following identifies estimated costs for the improvement of various infrastructure features in the Husker Highway Redevelopment Area. Normal Street Replacement Costs are dependent on street width and thickness of pavement or overlay. Concrete paving of 6@ thick with integral curbs costs an estimated $45 per square yard. Asphalt overlay has a cost of $3 per square yard, per inch of thickness of asphalt overlay. The cost to construct a 6" thick, 30' wide concrete street is $150 per linear foot. The cost to construct a 6" thick, 60' wide concrete street is $300 per linear foot. The cost to construct a 2" thick, 30' wide asphalt overlay is $20 per linear foot. The cost to construct a 2" thick, 60' wide asphalt overlay is $40 per linear foot. Ramped Curb Cuts $1,250 each Sanitary Sewer $50 to $60 per linear foot Water Valves $750 each Fire Hydrants $2,500 each Overlay of Parking Lots Asphalt overlay costs $3 per square yard per inch of thickness of asphalt overlay. Therefore the cost of a 2" overlay of a 150 x 150 foot parking lot is $15,000. Paved Alleys The cost for paved alleys is dependent on alley width and pavement thickness. A 6" thick concrete alley would cost $45 per square yard. The cost of a 6" thick, 16 foot wide concrete alley is $80 per linear foot. The cost of a 6" thick, 20 foot wide concrete alley is $100 per linear foot. Grand Island Council Session - 6/9/2015 Page 76 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 59 Storm Sewers The cost of Storm Sewers is dependent upon the size of the storm sewer pipe and on the number of inlets required. A breakdown of approximate unit prices is as follows: 15" RCP costs $22 per linear foot 18" RCP costs $26 per linear foot 24" RCP costs $35 per linear foot 30" RCP costs $44 per linear foot 36" RCP costs $52 per linear foot 42" RCP costs $61 per linear foot 48" RCP costs $70 per linear foot Inlets cost an estimated $2,500 each. Therefore, assuming 470 linear feet of 30" storm sewer and four inlets per block, a block of storm sewer would cost $30,680. Public and Private Foundations This General Redevelopment Plan addresses numerous community and economic development activities for the Husker Highway Redevelopment Area in Grand Island, Nebraska. The major components of this Redevelopment Plan will be accomplished as individual projects, however, a comprehensive redevelopment effort is recommended. Just as the redevelopment efforts should be tied together, so should the funding sources to ensure a complete project. The use of state and federal monies, local equity and tax incentives coupled with private funding sources, can be combined for a realistic and feasible funding package. The following provides a summary listing of the types of funding to assist in implementing this General Redevelopment Plan. Each selected redevelopment project should be accompanied with a detailed budget of both sources and uses of various funds. Building Improvement District Tax Increment Financing LB 840 or LB 1240 Historic Preservation Tax Credits Low Income Housing Tax Credits Sales Tax Community Development Block Grants - Re-Use Funds Local Lender Financing Owner Equity Small Business Association-Micro Loans Community Assistance Act Donations and Contributions Intermodal Surface Transportation Efficiency Act Grand Island Council Session - 6/9/2015 Page 77 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 60 Private Foundations American Express Foundation Kellogg Corporate Giving Program Marietta Philanthropic Trust Monroe Auto Equipment Company Foundation Norwest Foundation Piper, Jaffray & Hopwood Corporate Giving Target Stores Corporate Giving Pitney Bowes Corporate Contributions Burlington Northern Santa Fe Foundation US West Foundation Woods Charitable Fund, Inc. Abel Foundation ConAgra Charitable Fund, Inc. Frank M. and Alice M. Farr Trust Hazel R. Keene Trust IBP Foundation, Inc. Mid-Nebraska Community Foundations, Inc. Northwestern Bell Foundation Omaha World-Herald Foundation Peter Kiewit and Sons Inc. Foundation Thomas D. Buckley Trust Valmont Foundation Quivey-Bay State Foundation Grand Island Council Session - 6/9/2015 Page 78 / 228 Grand Island, Nebraska General Redevelopment Plan Husker Highway Redevelopment Area 61 REDEVELOPMENT PLAN AMENDMENTS PROJECT NAME / LOCATION AND COST RESOLUTION # 1. _____________________________________ _____________________ $____________________________________ 2. _____________________________________ _____________________ $____________________________________ 3. _____________________________________ _____________________ $____________________________________ 4. _____________________________________ _____________________ $____________________________________ 5. _____________________________________ _____________________ $____________________________________ 6. _____________________________________ _____________________ $____________________________________ 7. _____________________________________ _____________________ $____________________________________ 8. _____________________________________ _____________________ $____________________________________ 9. _____________________________________ _____________________ $____________________________________ 10. _____________________________________ _____________________ $____________________________________ Grand Island Council Session - 6/9/2015 Page 79 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item F-1 #9539 – Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Window Stickers Staff Contact: Robert Sivick Grand Island Council Session - 6/9/2015 Page 80 / 228 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:June 9, 2015 Subject:Consideration of Amending Grand Island City Code §22- 25(3) Regarding Stickers on Motor Vehicle Glass Item #’s:F-1 Presenter(s):Robert J. Sivick, City Attorney Background This matter originated when Councilmember Roger G. Steele requested the City of Grand Island (City) Legal Department review a discrepancy between Nebraska State and City law regarding stickers placed on motor vehicle glass. In addition, Councilmember Steele requested the Legal Department draft legislation so the language of City law mirrors the comparable State statute. Councilmember Steele’s request originated from a letter he received from local criminal defense attorney Mark T. Porto. Mr. Porto represented Grant Gregory in a case in Hall County (State v. Gregory – Hall Cty. Dist. Ct. CR14-627). On March 4, 2015 the Honorable Teresa K. Luther of the Hall County District Court overruled Mr. Gregory’s Motion to Suppress Evidence in the aforementioned case. The crux of Judge Luther’s ruling was there was probable cause for a Grand Island police officer to stop Mr. Gregory’s vehicle due to stickers affixed to the extreme corners of the back windshield. That stop led to the discovery of marijuana in Mr. Gregory’s vehicle which resulted in his arrest and prosecution. Judge Luther ruled the legal justification for the stop was Grand Island City Code §22-25(3) which prohibits any stickers on motor vehicle glass. Discussion Neb. Rev. Stat. §60-6,256(1) states in part, It shall be unlawful for any person to operate a motor vehicle with any object placed or hung in or upon the motor vehicle, except required or permitted equipment of the motor vehicle, in such a manner as to significantly and materially obstruct or interfere with the view of the operator through the windshield or to prevent the operator from having a clear and full view of the road and condition of traffic behind the motor vehicle. Grand Island Council Session - 6/9/2015 Page 81 / 228 Neb. Rev. Stat. §16-246 states in part, A city of the first class may make all such ordinances, bylaws, rules, regulations, and resolutions not inconsistent with the general laws of the state as may be necessary or expedient, in addition to the special powers otherwise granted by law, for maintaining the peace, good government, and welfare of the city and its trade, commerce, and manufactures, for preserving order and securing persons or property from violence, danger, and destruction, for protecting public and private property, and for promoting the public health, safety, convenience, comfort, and morals and the general interests and welfare of the inhabitants of the city. Grand Island City Code (Code) §22-25(3) states, All vehicle glass shall be clear of stickers, signs, or any other material other than that required by law, and no glass shall be broken, cracked, discolored or obscured to such an extent that the visibility of the operator is impaired. The Legal Department agrees with Judge Luther’s analysis Code §22-25(3) prohibits any stickers on motor vehicle glass regardless of whether it impairs the vision of the operator. The Legal Department believes Code §22-25(3) is in compliance with Neb. Rev. Stat. §16-246 in that it is not “inconsistent with the general laws of the state”. Generally speaking, unless specifically permitted or prohibited by State statute, cities may enact laws more strict but not less strict than comparable State statutes. Although Neb. Rev. Stat. §60-6,256(1) permits motor vehicle window stickers as long as they do not “materially obstruct or interfere with the view of the operator” City Code §22-25(3) is more strict by prohibiting all stickers. Such action is a legally permissible exercise of the City’s police powers. In contrast, the City may not specifically permit motor vehicle window stickers that “materially obstruct or interfere with the view of the operator” as such action would negate State law in that portion of Nebraska within the Grand Island city limits. Research by the Legal Department indicates versions of Neb. Rev. Stat. §60-6,256 have existed since 1959 and Code §22-25 since 1962. The Legal Department was unable to determine why the City Council originally enacted a law more strict than comparable State law regarding stickers on motor vehicle glass. Alternatives It appears 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. Grand Island Council Session - 6/9/2015 Page 82 / 228 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation The City Administration has no recommendation. Sample Motion Move to approve. Grand Island Council Session - 6/9/2015 Page 83 / 228 Grand Island Council Session - 6/9/2015 Page 84 / 228 Grand Island Council Session - 6/9/2015 Page 85 / 228 Grand Island Council Session - 6/9/2015 Page 86 / 228 Grand Island Council Session - 6/9/2015 Page 87 / 228 Grand Island Council Session - 6/9/2015 Page 88 / 228 Grand Island Council Session - 6/9/2015 Page 89 / 228 Grand Island Council Session - 6/9/2015 Page 90 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney ORDINANCE NO. 9539 WHEREAS, it is in the best interests of the City of Grand Island that the provision of the Grand Island City Code regarding stickers, signs or any other material placed on motor vehicle window glass be amended to conform with the language in the applicable provision of the Nebraska Revised Statutes, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That §22-25 of the Grand Island City Code be amended to read as follows: §22-25. Vehicles Operated Upon Streets Every motor vehicle operated upon the streets, highways, or alleys of the City shall meet the following requirements, to wit: (1) Windshield Wipers. All vehicles shall be equipped with a windshield wiper in good working condition that will wipe off moisture uniformly over the entire sweep of the wiper. (2) Rear View Mirror. All vehicles shall be equipped with a rear view mirror, sufficiently large and in good reflective condition, so located, fastened and adjusted as to reflect to the driver at all times a clear view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle. (3) Glass. It shall be unlawful for any person to operate a motor vehicle with any object placed or hung in or upon the motor vehicle, except required or permitted equipment of the motor vehicle, in such a manner as to significantly and materially obstruct or interfere with the view of the operator through the windshield or to prevent the operator from having a clear and full view of the road and condition of traffic behind the motor vehicle. Any sticker or identification authorized or required by the Federal Government or any agency thereof or the State of Nebraska or any political subdivision thereof may be placed upon the windshield of the motor vehicle without violating this section. All vehicle glass shall be clear of stickers, signs, or any other material other than that required by law, and no glass shall be It shall be unlawful for any person to operate a motor vehicle with glass that is broken, cracked, discolored, or obscured to such an extent that the visibility of the operator is impaired. (4) Tires. All vehicle tires shall be in a safe condition. A tire shall be considered unsafe if the outer tread is worn down to the breaker strip, or if such tire is not free from bulges or breaks caused by broken fabric. (5) Wheel Alignment. Wheels shall be aligned so that side slippage due to error in alignment as indicated by an alignment indicator shall not exceed 30 feet per mile. (6) Steering Equipment. All steering equipment on vehicles shall be in good condition and wheel play shall not exceed twenty-five degrees. (7) Muffler. All motor vehicles shall be equipped with a muffler in good working condition and in constant operation to prevent excessive or unusual noise and annoying smoke. No "muffler cut-out" shall be used on any vehicle. (8) Height. No vehicle unladen or with load shall exceed a height of 13 feet, 6 inches; provided, however, the owners, lessees, and operators, jointly and severally, of vehicles exceeding 12 feet, 6 inches, in height shall assume the risk of loss to the vehicle or its load, and shall be liable for any damages that result to overhead obstructions from operation of a vehicle exceeding 12 feet, six inches, in height. II. Any Ordinances or parts of Ordinances in conflict are hereby repealed. III. This ordinance shall be in full force and will take effect from and after its passage and Grand Island Council Session - 6/9/2015 Page 91 / 228 ORDINANCE NO. 9539 (Cont.) - 2 - publication pursuant to law. Enacted: June 9, 2015. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 92 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-1 Approving Minutes of May 26, 2015 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2015 Page 93 / 228 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 26, 2015 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 26, 2015. Notice of the meeting was given in The Grand Island Independent on May 20, 2015. Mayor Jeremy L. Jensen called the meeting to order at 7:09 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Pastor Bill Pavuk, St. Pauls Lutheran Church, 1515 South Harrison Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Proclamation "Zombie in the Heartland 2015" May 28-31, 2015. Mayor Jensen proclaimed May 28-31, 2015 as “Zombie in the Heartland 2015”. Parks and Recreation Director Todd McCoy explained the Zombie week events and recognized several partners and volunteers who make this event successful. Neil Davies representing Hornady Manufacturing thanked all those people and sponsors who make this event happen. RESOLUTION: #2015-131 - Consideration of Approving Amendment to Finance Personnel FTE Budget Allocation. Interim Finance Director William Clingman reported that the Finance Department was reorganizing the structure of the department to better serve customers and achieve adequate staffing levels. Recommended were 2 new FTEs (Customer Service Team Leader and an Accountant) and 2 changes to existing FTEs (Assistant Finance Director to replace Senior Accountant and Payroll Clerk to replace Accounting Clerk). Also mentioned was a new Utility Customer Service Center at the corner of Sycamore Street and 1st Street. Motion by Haase, second by Hehnke to approve Resolution #2015-131. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. ORDINANCE: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9538 - Consideration of Amending Salary Ordinance Relative to FTE Changes in the Finance Department Grand Island Council Session - 6/9/2015 Page 94 / 228 Page 2, City Council Regular Meeting, May 26, 2015 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 this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Discussion was held concerning posting the new positions. City Attorney Robert Sivick stated this was an internal change which would reflect the work being done currently, with job titles and salary ranges being changed. Motion by Stelk, second by Hehnke to approve Ordinance #9538. City Clerk: Ordinance #9538 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 Steele, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmembers Paulick and Minton voted no. Motion adopted. City Clerk: Ordinance #9538 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmembers Paulick and Minton voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9538 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Fitzke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 12, 2015 City Council Regular Meeting. Approving Minutes of May 19, 2015 City Council Study Session. Approving Request for Liquor Manager Designation for Charity I. Hespe, 754 K Road, Chapman, NE with Ruby Tuesday, 3429 West 13th Street. #2015-132 - Approving Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial Cleaning - Spring, 2015 at Platte Generating Station with Veolia North America of Liberty, MO for an Increase of $57,161.50 and a Revised Contract Amount of $264,301.60. #2015-133 - Approving Certificate of Participant Form for PPGA/Whelan Energy Center Unit 2 Revenue Refunding Bonds, 2015 Series A. #2015-134 - Approving Change Order #3 for Air Quality Control System Engineering at Platte Generating Station with Kiewit Power Engineers of Lenexa, KS for an Increase of $27,865.00 and a Revised Contract Amount of $474,399.00. Grand Island Council Session - 6/9/2015 Page 95 / 228 Page 3, City Council Regular Meeting, May 26, 2015 #2015-135 - Approving Change Order No. 1 for Handicap Ramp Project No. 2015-HC-1 with The Diamond Engineering Company of Grand Island, NE for an Increase of $3,275.00 and a Revised Contract Amount of $200,981.81. #2015-136 - Approving Award of Proposal for Consulting Services for the Re-Permitting of the Solid Waste Landfill with SCS Aquaterra of Omaha, NE for an Amount not-to-exceed $20,188.00. #2015-137 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Fence Removal at 904 W Phoenix Avenue with Galvan Construction, Inc. of Grand Island, NE. #2015-138 - Approving Physio-Control Cardiac Monitor Maintenance Contract. #2015-139 - Amending City Fee Structure to Include Cemetery Columbarium Fee's. #2015-140 - Approving Renewal of Building Lease Agreement with the Nebraska State Patrol at the Former Cornhusker Army Ammunition Plant in an Amount of $800.00 for two years. #2015-141 - Approving 2015 GIPD & HCSO JAG (Justice Assistance Grant) Application and Funding. REQUESTS AND REFERRALS: Consideration of Accepting Petition for Creation of Water Main District - Lots Five (5) and Twelve (12) Garland Place Subdivision - Stauss Road. Utilities Director Tim Luchsinger reported that a petition had been received from the property owner within the Garland Place Subdivision (4119 Stauss Road) requesting City water service. Discussion was held regarding this being an extension of the current water service. Motion by Stelk, second by Paulick to approve. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Fitzke to approve the Claims for the period of May 13, 2015 through May 26, 2015, for a total amount of $6,873,998.79. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:38 p.m. RaNae Edwards City Clerk Grand Island Council Session - 6/9/2015 Page 96 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-2 Approving Appointment of Jackie Bowen to the Downtown Business Improvement District 2013 Board Mayor Jensen has submitted the appointment of Jackie Bowen to the Downtown Business Improvement District 2013 board to replace Kris Jerke who resigned. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 6/9/2015 Page 97 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-3 Approving Request for Liquor Manager Designation for Tyra Love, 211 South Sycamore Street with Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue, Suite L Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2015 Page 98 / 228 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 9, 2015 Subject:Request from Tyra Love, 211 South Sycamore Street for Liquor Manager Designation with Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue, Suite L Item #’s:G-3 Presenter(s):RaNae Edwards, City Clerk Background Tyra Love, 211 South Sycamore Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue, Suite L. 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. Ms. Love has completed a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 6/9/2015 Page 99 / 228 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Tyra Love, 211 South Sycamore Street for Liquor Manager Designation in conjunction with the Class “C-109344” Liquor License for Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue, Suite L. Grand Island Council Session - 6/9/2015 Page 100 / 228 05/28/15 Grand Island Police Department 450 14:31 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:00:00 05/28/2015 Date disposition declared : **/**/**** Incident number : L15053029 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 710 Diers Ave N State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : Misc. number : RaNae Geobase address ID : Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 167736 05/28/15 Love, Tyra M Liquor Manager NM 168628 05/28/15 Love, Rodney Roy Tyra's Spouse NM 194860 05/28/15 Smoker Friendly, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT17 LT17 Liquor Store LAW INCIDENT NARRATIVE: I received a copy of a liquor manager application from Tyra Love for Smoker Friendly Liquor and Tobacco. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- Grand Island Council Session - 6/9/2015 Page 101 / 228 1 AOFF 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 10:39:07 05/28/2015 Grand Island Police Department Supplemental Report Date, Time: Thu May 28 10:39:21 CDT 2015 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Tyra Love for Smoker Friendly Liquor and Tobacco located at 710 N. Diers. According to her application, Tyra has lived in Grand Island for the last five years and has lived in Nebraska for at least the last thirteen years. She is married to Rodney Love who signed a Spousal Affidavit of Non- Participation form. Tyra is also the current liquor manager at Smoker Friendly located at 802 W. 2nd St. in Grand Island. I did the investigation for that position in August of 2011. I checked Tyra in Spillman and NCJIS. I did not locate any entries in Spillman which would indicate that Tyra has any criminal convictions. The only undisclosed convictions I found in NCJIS are a speeding conviction in October of 2014 and a conviction for licensing a vehicle without liability insurance in March of 2005. I also checked Rodney Love in Spillman and NCJIS. According to information in Spillman, it appears that Rodney has had some domestic issues with Tyra where he has been arrested and referred to the County Attorney. NCJIS confirmed convictions for stalking and violation of a protection order that were listed in Spillman. Additional convictions include: DUI in '98, False Reporting in '99, Disturbing the Peace in 2010, and markings for a commercial motor vehicle in 2014. He also has a couple of warrant arrests for failing to pay or failing to appear. I'm not sure about the disposition on the warrant arrests. One part of this liquor manager application asks if the applicant has ever been convicted of any charge. It goes on to explain the question by saying, "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. Grand Island Council Session - 6/9/2015 Page 102 / 228 Even though Rodney signed a Spousal Affidavit of Non-Participation form, the question about convictions applies to him because it specifically refers to the spouse of the applicant and anyone who is a party to the application. Rodney and Tyra's failure to disclose all of their convictions technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). The undisclosed convictions would fall under state law or local ordinance. However, the Grand Island Police Department has no objection to Tyra Love becoming the liquor manager for Smoker Friendly on Diers since Tyra has no criminal history in the State of Nebraska except two minor violations, Rodney signed a Spousal Affidavit of Non-Participation form, and Tyra is currently the liquor manager at the Smoker Friendly on 2nd Street. Grand Island Council Session - 6/9/2015 Page 103 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-4 Approving Request for Liquor Manager Designation for Jack Bailey, 3100 West 2nd Street with Smoker Friendly/T & D Liquors, 802 West 2nd Street Staff Contact: RaNae Edwards Grand Island Council Session - 6/9/2015 Page 104 / 228 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 9, 2015 Subject:Request from Jack Bailey, 3100 West 2nd Street for Liquor Manager Designation with Smoker Friendly/T & Liquors, 802 West 2nd Street Item #’s:G-4 Presenter(s):RaNae Edwards, City Clerk Background Jack Bailey, 3100 West 2nd Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Smoker Friendly/T & D Liquors, 802 West 2nd 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. Mr. Bailey has completed a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 6/9/2015 Page 105 / 228 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Jack Bailey, 3100 West 2nd Street for Liquor Manager Designation in conjunction with the Class “C-81279” Liquor License for Smoker Friendly/T & D Liquors, 802 West 2nd Street. Grand Island Council Session - 6/9/2015 Page 106 / 228 05/29/15 Grand Island Police Department 450 10:32 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:00:00 05/29/2015 Date disposition declared : **/**/**** Incident number : L15053148 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 802 2nd 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 : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : Misc. number : RaNae Geobase address ID : Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 49690 05/29/15 Smoker Friendly, Business Involved NM 70124 05/29/15 Bailey, Jack D Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT17 LT17 Liquor Store INCIDENT M.O. DETAIL: Seq M.O. Factor M.O. Factor M.O. Method --- --------------- ------------------------------ -------------------- 1 Crime Class Crime Class Civil LAW INCIDENT NARRATIVE: Grand Island Council Session - 6/9/2015 Page 107 / 228 I received a copy of a liquor manager application from Jack Bailey for Smoker Friendly located at 802 W. 2nd Street. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF 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 09:34:15 05/29/2015 Grand Island Police Department Supplemental Report Date, Time: Fri May 29 09:34:26 CDT 2015 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Jack Bailey for the Smoker Friendly store on 2nd Street. According to the application, Jack has lived in Nebraska since at least 2005 and in Kearney and Grand Island since 2007. No other people are listed on the application. Jack is currently the liquor manager at the Smoker Friendly store located on Diers Ave. in Grand Island. Jack disclosed a conviction for possessing less than an ounce of marijuana in 2008. The conviction was set aside in May of 2014. No other convictions were disclosed. I checked Jack through Spillman and NCJIS. The first thing I read in Spillman is the liquor manager investigation into Jack Bailey at Smoker Friendly located on Diers in August of last year. I read that report and discovered that in addition to his marijuana possession charge that was set aside, he disclosed a conviction for MIP and possession of drug paraphernalia in 2003. Spillman showed the citation in connection with that incident. I didn't find any other potential convictions in Spillman. NCJIS doesn't show any undisclosed convictions for Jack. Since I had just completed a report yesterday involving Tyra Love becoming the liquor manager at Smoker Friendly on Diers, I called Jack and asked him why they were switching and why he didn't disclose the other conviction that he disclosed last time. Jack said he was told that new applications had to be filled out since he and Tyra are switching stores. I asked why they are switching, and he said it was a personnel Grand Island Council Session - 6/9/2015 Page 108 / 228 issue that I would have to talk to a supervisor about. He also said that he just forgot to disclose the MIP conviction on this application. In summary, since Jack is already a liquor manager and he doesn't have any new convictions since he was last approved, the Grand Island Police Department doesn't have any objection to him becoming the liquor manager at Smoker Friendly located at 802 W. 2nd Street. Grand Island Council Session - 6/9/2015 Page 109 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-5 #2015-142 - Approving Contract Renewal with Environmental Systems Research Institute (ESRI) for Geographic Information System (GIS). Staff Contact: William Clingman, Interim Finance Director Grand Island Council Session - 6/9/2015 Page 110 / 228 Council Agenda Memo From:William Clingman, Interim Finance Director Meeting:June 9, 2015 Subject:Renewing Small Government Enterprise License Agreement from Environmental Systems Research Institute (ESRI) Item #’s:G-5 Presenter(s):William Clingman, Interim Finance Director Background The City of Grand Island has a comprehensive computerized Geographic Information System (GIS). The GIS consists of hardware, software and methods designed to support the data capture, processing, analysis, modeling and display of geospatial data. The data includes property boundaries, utility features, sanitary/storm sewer features, U.S census blocks, street centerlines, discrete addresses, zoning, fire districts, political boundaries, several years of aerial photography, optical remote sensing technology known as Light Detection and Ranging (LiDAR), and several more. Nearly all city departments have benefited from this data. The software required to edit, manipulate, analyze and present this data is provided by Environmental Systems Research Institute (ESRI). During the last three years, we have installed and updated ArcInfo on approximately 30 PCs. In addition to the desktop software, we have also installed and updated server based software such as ArcGIS Server and ArcIMS to distribute maps and data on the internet either through MapSifter or other online applications. This license agreement greatly simplifies the licensing and procurement for ESRI software and allows unlimited installs for the three year contract period. Discussion The current three year Small Government Enterprise License Agreement with ESRI, which was signed May 22, 2012 in resolution 2012-135 and will expire June 29, 2015. This agreement will renew for an additional three years at the same cost to the City as it was three years ago. The agreement will be paid in three annual installments of $35,000 each for a total of $105,000. Grand Island Council Session - 6/9/2015 Page 111 / 228 The new agreement for the City of Grand Island from ESRI, Inc., a General Services Administration (GSA) Contract reseller with special pricing available to government agencies, will be effective from June 30, 2015 through June 29, 2018. This purchase is budgeted for $35,000 annually in the Information Technology Division Fund. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the three year renewal of ESRI licenses. 2.Disapprove or deny the agreement. 3.Modify the Resolution 4.Delay the issue to a later meeting Recommendation City Administration recommends that the Council approve the new three year ESRI license agreement. Sample Motion Move to approve the Small Government Enterprise License Agreement with ESRI at a total cost of $105,000 that is payable in three annual installments of $35,000 each. Grand Island Council Session - 6/9/2015 Page 112 / 228 (19,5210(17$/6<67(065(6($5&+,167,787(,1& 6W/RXLV5HJLRQDO2IILFH/LWWOH+LOOV([SUHVVZD\ 6W&KDUOHV02 3KRQH)D[ '8161XPEHU&$*(&RGH$06 Quotation # 20465832 Date: Customer # 363161 Contract # &LW\RI*UDQG,VODQG ,QIRUPDWLRQ7HFKQRORJ\'HSW (VW6W *UDQG,VODQG1( $77(17,215RE\Q6SODWWVWRHVVHU 3+21( )$; 7RH[SHGLWH\RXURUGHUSOHDVHDWWDFKDFRS\RI WKLVTXRWDWLRQWR\RXUSXUFKDVHRUGHU 4XRWHLVYDOLGIURP7R March 13, 2015 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 This offer is limited to the terms and conditions incorporated and attached herein.WEHRLEK For questions contact:Kim Wehrle Email:kwehrle@esri.com Phone:(636) 949-6620 x8533 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Year 3 35,000.00 35,000.00 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Year 1 35,000.00 35,000.00 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Year 2 35,000.00 35,000.00 Item Total:105,000.00 Material Qty Description Unit Price Total Estimated Shipping & Handling(2 Day Delivery) :0.00 Contract Pricing Adjust:0.00 Subtotal:105,000.00 Sales Tax:0.00 Please reference attached cover letter for terms and payment information Total:$105,000.00 Grand Island Council Session - 6/9/2015 Page 113 / 228 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 Page 1 of 5 03/17/2015 SMALL ENTERPRISE LICENSE AGREEMENT COUNTY AND MUNICIPALITY (E214-2) This Agreement is by and between the organization identified in the Quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Unlimited Quantities Desktop Software and Extensions ArcGIS for Desktop Advanced ArcGIS for Desktop Standard ArcGIS for Desktop Basic ArcGIS for Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Server Software and Extensions ArcGIS for Server Workgroup and Enterprise (Advanced, Standard, and Basic) ArcGIS for Server Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime Standard ArcGIS Runtime Standard Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Network Analyst Limited Quantities One (1) Annual Subscription to Esri Developer Network (EDN) Standard* One (1) Esri CityEngine Advanced Single Use License One (1) Esri CityEngine Advanced Concurrent Use License One (1) ArcGIS Online Subscription OTHER BENEFITS One (1) ArcGIS Online subscription with specified named users and credits as determined in the program description Level 3 Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested** 2 Virtual Campus Annual User License allowance 7,500 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *Maintenance is not provided for these items. **Additional sets of backup media may be purchased for a fee. Grand Island Council Session - 6/9/2015 Page 114 / 228 Page 2 of 5 03/17/2015 Licensee may accept this Agreement by signing and returning the whole Agreement with a sales quotation, purchase order, or other document ("Ordering Document") that matches the Quotation and references this Agreement. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. Unless otherwise mutually agreed to, this Agreement is effective as of the date of the last signature on the signature page ("Effective Date") or, if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference. Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: Title: Date: LICENSEE CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Grand Island Council Session - 6/9/2015 Page 115 / 228 Page 3 of 5 03/17/2015 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s). "Fee" means the fee set forth in the Quotation. "Incident" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means (i) the applicable license agreement incorporated by this reference that is found at http://www.esri.com/legal/software-license; composed of the General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300); and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement between the parties that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the term of this Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Incident through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when an Incident cannot be resolved through Tier 1 Support. Licensee will receive Tier 2 Support from Esri. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third- party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. The term of this Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified on the signature page, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the term of this Agreement. For an Agreement with a limited term, Esri does not grant Licensee an indefinite or perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses and all Maintenance, Esri Virtual Campus access, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will be given a period of thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-owned entities, either party may terminate this Agreement before any subsequent year if Licensee is unable to secure Grand Island Council Session - 6/9/2015 Page 116 / 228 Page 4 of 5 03/17/2015 funding through the legislative or governing body's approval process. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Licensee. Licensee may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Licensee via written notice for incorporation into the Products schedule at no additional charge. Licensee's use of new or updated Products requires Licensee to adhere to applicable additional or revised terms and conditions of the License Agreement. 4.2 Product Life Cycle. During the term of this Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en/content /productlifecycles. Updates for Products in the mature and retired phases may not be available. Licensee may continue to use Products already Deployed for the term of this Agreement, but Licensee will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits specified in the most current applicable Esri Standard Maintenance Program document (found at http://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Licensee will provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial points of contact for all questions and reporting of an Incident. The Tier 1 Help Desk will obtain a full description of each reported Incident and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Incident. The Tier 1 Help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Incident. 5. If the Tier 1 Help Desk cannot resolve the Incident, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Licensee may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Incident submitted by Tier 1 Help Desk. 5. When the Incident is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement of Products. Either party may publicize the existence of this Agreement. Grand Island Council Session - 6/9/2015 Page 117 / 228 Page 5 of 5 03/17/2015 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Licensee will issue an Ordering Document upon execution of this Agreement and annually thereafter in accordance with the Quotation. Payment will be due and payable within thirty (30) calendar days of the anniversary date of the Effective Date, with the initial payment due within thirty (30) calendar days of execution of this Agreement. Esri's federal ID number is 95-2775-732. b. Upon receipt of the initial Ordering Document from Licensee, Esri will authorize download of the Products to Licensee for Deployment. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. For those entities that avoid sales tax by downloading deliverables, request for delivery or receipt of tangible media may cause the Fee to be subject to taxes. Licensee acknowledges that should such taxes become due, Esri has a right to invoice and Licensee will pay any such sales or use tax associated with its receipt of tangible media. c. Esri will provide Authorization Codes to activate the nondestructive copy protection program that enables the Products to operate. 8.2 Order Requirements a. All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Licensee name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Licensee is a commercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Licensee with or into another corporation or entity; (ii) Licensee's acquisition of another entity; or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will uninstall, remove, and destroy or transfer the Products to Licensee. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products, and this Agreement will terminate upon such Ownership Change. Grand Island Council Session - 6/9/2015 Page 118 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-142 WHEREAS, the Information Technology Division of the Finance Department works continually on maintaining the city’s computer network, both hardware and software; and WHEREAS, due to the growing number of Geographic Information System (GIS) users, the variety of GIS software programs utilized and the constant need for software upgrades, it is imperative to consistently maintain the entire city software licenses; and WHEREAS, the City of Grand Island can utilize the Environmental Systems Research Institute (ESRI) Small Government Enterprise License Agreement to install an unlimited amount of licenses with the City until June, 2018; and WHEREAS, the cost for such an agreement is $105,000, which can be paid in three annual installments of $35,000; and WHEREAS, this is the most cost effective approach to upgrading GIS software; and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Information Technology Department is hereby authorized to utilize the ESRI Small Government Enterprise License Agreement by entering into a three-year agreement to license any City computer for ESRI software at a cost of $105,000, which can be paid in three annual installments. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 119 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-6 #2015-143 - Approving Power Purchase Agreement with Invenergy for the Prairie Breeze III Project Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/9/2015 Page 120 / 228 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Robert Sivick, City Attorney Meeting:June 9, 2015 Subject:Power Purchase Agreement with Invenergy for the Prairie Breeze III Project Item #’s:G-6 Presenter(s):Timothy Luchsinger, Utilities Director Background State statute requires that public utilities in Nebraska provide its customers with adequate electric service at as low of an overall cost as possible, consistent with sound business practices. To do so, public utilities must look at long-term, in addition to immediate, issues in an overall context. The Utilities Department has taken an approach in its energy supply strategy to incorporate multiple facilities using a blend of fuel sources. This allows flexibility in managing costs that can occur because of market conditions due to industry issues or environmental concerns. Energy supply planning must also take into account the long timeframes that are common in electric generation development, therefore, utilities plan for conditions projected at least five to ten years in the future, sometimes even longer. Traditional energy sources in Nebraska have been based on coal because of the close proximity of mines in Wyoming and a robust railroad system through this area. These have been supplemented with hydro, natural gas and nuclear facilities, resulting in low cost power to Nebraska customers. Due to developing environmental concerns, the State’s utilities have been developing facilities with renewable energy sources, primarily wind generation because of its potential compared to solar or biofuels. Grand Island has participated in some of these projects on a minor basis to learn more of the details of wind generation costs and operational issues. At this time, wind supplies a little over one percent of the City’s energy requirements and has resulted in a cost impact to electric rates of less than one percent. Grand Island Council Session - 6/9/2015 Page 121 / 228 On May 8, 2012 Council approved a resolution to direct the Utilities Department to evaluate potential renewable energy projects and provide to Council recommendations for participation as needed to maintain a balanced energy portfolio. Discussion On March 24, 2015 Council approved execution of a Non-Disclosure Agreement with Invenergy to begin discussions regarding a wind energy project, and on April 28, 2015 approved execution of a Letter of Intent with Invenergy for a non-binding agreement to purchase wind energy. Since that date, City Administration and Department staff has held discussions with Invenergy regarding a Power Purchase Agreement (PPA) between the City and Invenergy’s Prairie Breeze Wind Energy III Project. The discussions resulted in a proposed plan for the City to consider execution of a PPA with Invenergy for the entire capacity of the Project with subsequent participation agreements between the City and the Nebraska City Utilities and the City of Neligh for minority positions in the Project. This information was presented during a hearing of the Nebraska Power Review Board on May 22, 2015 for the Project based on need and cost, and the Project was approved contingent on the execution of a PPA between Invenergy and the City. Subsequently, the City engaged the services of Fraser Stryker for legal counsel for the PPA negotiations with Invenergy, resulting in the final PPA enclosed for Council review under separate confidential cover. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Power Purchase Agreement with Invenergy, doing business as Prairie Breeze Wind Energy III LLC, for the Prairie Breeze III Project. Sample Motion Move to the Power Purchase Agreement with Invenergy, doing business as Prairie Breeze Wind Energy III LLC, for the Prairie Breeze III Project. Grand Island Council Session - 6/9/2015 Page 122 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-143 WHEREAS, on May 8, 2012 Council approved a resolution to direct the Utilities Department to evaluate potential renewable energy projects and provide to Council recommendations for participation as needed to maintain a balanced energy portfolio ; and WHEREAS, on March 24, 2015 Council approved execution of a Non-Disclosure Agreement with Invenergy to begin discussions regarding a wind energy project, and on April 28, 2015 approved execution of a Letter of Intent with Invenergy for a non-binding agreement to purchase wind energy ; and WHEREAS, City Administration and Department staff has held discussions with Invenergy regarding a Power Purchase Agreement (PPA) between the City and Invenergy’s Prairie Breeze Wind Energy III Project; and WHEREAS, this information was presented during a hearing of the Nebraska Power Review Board on May 22, 2015 for the Project based on need and cost, and the Project was approved contingent on the execution of a PPA between Invenergy and the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, approve the Power Purchase Agreement with Invenergy, doing business as Prairie Breeze Wind Energy III LLC, for the Prairie Breeze III Project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. ______________________________ Jeremy L. Jensen, Mayor Attest: ____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 123 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-7 #2015-144 - Approving Agreement Supplemental No. 1 with Olsson Associates for Construction Engineering Services for Capital Avenue Widening – Webb Road to Broadwell Avenue Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 124 / 228 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 9, 2015 Subject:Approving Agreement Supplemental No. 1 with Olsson Associates for Construction Engineering Services for Capital Avenue Widening – Webb Road to Broadwell Avenue Item #’s:G-7 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. The Capital Avenue – Webb Road to Broadwell Avenue widening project will consist of removal of the existing 24’ wide asphalt roadway and construction of new concrete pavement on Capital Avenue from Webb Road through Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement. Other improvements include construction of sidewalks and a concrete hike/bike trail, updated street lighting, and construction of new storm sewer. A pedestrian signal will be constructed approximately 1000’ east of Webb Road to provide for safe crossing for users of the hike/bike trail. This project will receive federal funding through the Surface Transportation Program (STP), which has typically been applied on an 80/20 basis. However, due to changes brought about by the new federal highway bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the NDOR’s Federal Fund Purchase Program beginning in March 2016, federal funding for this project has been capped. Reference is made to Resolution 2013-141 approved by City Council on May 14, 2013. Total project costs are now estimated to be $10,118,895.63. Subtracting the federal capped funds of $6,527,328.00 the local funding necessary to complete this project is estimated at $3,591,567.63. This project will have a 35.5% local funding and a 64.5% federal funding. Breakdown of estimated costs are as follows: Grand Island Council Session - 6/9/2015 Page 125 / 228 Preliminary Engineering $533,217.28 Northwestern Energy $620,268.00 CenturyLink $272,389.00 Grand Island Utilities $725,000.0 Right-of-Way Acquisition $278,606.00 Construction $7,086,573.25 Construction Engineering $602,842.10 Total Estimated Project Costs $10,118,895.63 $10,118,895.63 (Total Estimated Project Costs) - $ 6,527,328.00 (Federal Funds Cap) $ 3,591,567.63 (Local Funding ) City Council approved Resolution No. 2015-52 on February 24, 2015, which allowed the City to enter into a Professional Service Task Order Agreement for this project with Olsson Associates of Grand Island, Nebraska for a fixed-fee-for-profit of $69,440.92 and up to a maximum amount of $533,401.18 for actual costs, with a total amount of $602,842.10. Discussion It has been determined by the City and State that the Professional Service Task Order Agreement was not the proper agreement to carry out the wishes of both parties. The request is to void such agreement and enter into a “Supplemental No. 1 Professional Service Agreement”. The cost involved with this new agreement will not differ from the original agreement and will remain at a fixed-fee-for-profit of $69,440.92 and up to a maximum amount of $533,401.18 for actual costs in accordance with Exhibit “A”, with a total amount of $602,842.10. The tentative start date for construction is June 1, 2015. The project is expected to be completed June 1, 2016. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/9/2015 Page 126 / 228 Recommendation City Administration recommends that the Council approve the Professional Service Agreement Supplemental No. 1 with Olsson Associates to perform construction engineering services for the Capital Avenue Widening Project; Webb Road to Broadwell Avenue. Sample Motion Move to approve the resolution. 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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign the attached Professional Construction Engineering Services Agreement Supplemental No. 1 between the City of Grand Island and Olsson Associates of Grand Island, Nebraska. NDOR Project No.: URB-5436(5) NDOR Control No.: 42707 NDOR Project Description: Capital Avenue, Webb Rd – Broadwell Ave - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 181 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-8 #2015-145 - Approving Time Extension to the Contract with Van Kirk Brothers Contracting for Sanitary Sewer District No. 528 and No. 530T Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 182 / 228 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 9, 2015 Subject:Approving Time Extension to the Contract with Van Kirk Brothers Contracting for Sanitary Sewer District No. 528 and No. 530T Item #’s:G-8 Presenter(s):John Collins PE, Public Works Director Background The City Council awarded the bid for construction of Sanitary Sewer District No. 528 and No. 530T to Van Kirk Brothers Contracting of Sutton, Nebraska on June 10, 2014. On February 10, 2015 City Council approved Resolution No. 2015-38, which allowed for an extension from June 15, 2015 to July 27, 2015 for Sanitary Sewer District No. 528 and from March 15, 2015 to April 24, 2015 for Sanitary Sewer District No. 530T in order to complete the projects. On March 24, 2015 City Council approved Resolution No. 2015-75, which changed direct borings at two (2) locations; Guenther Road and 1,000 feet south of Guenther Road, at US Highway 281, to open cuts at each location. Such change resulted in a net credit of $47,507.46, for a revised total contract amount of $3,326,611.24 (528= $1,602,306.30 & 530T = $1,724,304.94). Any changes to the contract require council approval. Discussion Several factors have delayed completion of the project; including inclement weather and unforeseen obstructions that have hindered the contractor’s ability to reach the contract deadline. Van Kirk Brothers Contracting is requesting that the final completion date be changed from April 24, 2015 to June 10, 2015 for Sanitary Sewer District No. 530T. Grand Island Council Session - 6/9/2015 Page 183 / 228 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 extending the completion date to May 27, 2015 for Sanitary Sewer District No. 530T. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2015 Page 184 / 228 Grand Island Council Session - 6/9/2015 Page 185 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-145 WHEREAS, on June 10, 2014, by Resolution 2014-163, the City Council of the City of Grand Island approved the bid of Van Kirk Brothers Contracting of Sutton, Nebraska for construction of Sanitary Sewer District No. 528 and No. 530T; and WHEREAS, on February 10, 2015 City Council approved Resolution No. 2015- 38, which allowed for an extension from June 15, 2015 to July 27, 2015 for Sanitary Sewer District No. 528 and from March 15, 2015 to April 24, 2015 for Sanitary Sewer District No. 530T in order to complete the projects; and WHEREAS, on March 24, 2015 City Council approved Resolution No. 2015-75, which changed direct borings at two (2) locations; Guenther Road and 1,000 feet south of Guenther Road, at US Highway 281, to open cuts at each location. Such change resulted in a net credit of $47,507.46, for a revised total contract amount of $3,326,611.24 (528= $1,602,306.30 & 530T = $1,724,304.94). WHEREAS, the completion of Sanitary Sewer District No. 530T has been delayed due to several factors; and WHEREAS, such delays have resulted in additional work days; and WHEREAS, Van Kirk Brothers Contracting has requested an extension from April 24, 2015 to June 10, 2015 for Sanitary Sewer District No. 530T in order to complete the project; and WEREAS, the Public Works Department supports such contract extension. 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. 1 between the City of Grand Island and Van Kirk Brothers Contracting of Sutton, Nebraska to provide the modifications of Sanitary Sewer District No. 530T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 186 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-9 #2015-146 - Approving Bid Award for the 2015 Asphalt Resurfacing Project No. 2015-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 187 / 228 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 9, 2015 Subject:Approving Bid Award for the 2015 Asphalt Resurfacing Project No. 2015-AC-1 Item #’s:G-9 Presenter(s):John Collins PW, Public Works Director Background On April 20, 2015 the Engineering Division of the Public Works Department advertised for bids for the 2015 Asphalt Resurfacing Project No. 2015-AC-1. There were five (5) potential bidders for this project. This year’s work involves asphalt resurfacing on the following City streets. Section #1. 2nd Street; Clark Street to concrete west of Plum Street Section #2. 1st Street; Sycamore Street to concrete west of Plum Street Section #3. Eddy Street; 2nd Street to 3rd Street Section #4. 4th Street; Broadwell Avenue to concrete west of Plum Street Section #5. Sycamore Street; Division Street to 3rd Street Section #6. Kimball Street; Division Street to 1st Street Section #7. Cleburn Street; 1st Street to 2nd Street Section #8. Seedling Mile Road; cul-de-sac to east City limits Grand Island Council Session - 6/9/2015 Page 188 / 228 Discussion Two (2) bids were received and opened on May 5, 2015. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Bid JIL Asphalt Paving Co. of Grand Island, NE None $955,830.76 Gary Smith Const Co, Inc. of Grand Island, NE None $1,318,236.17 An agreement is being presented at tonight’s meeting between the City and State of Nebraska for a cost share on US Highway 30 eastbound from Sycamore Street to Plum Street and westbound from Clark Street to Plum Street. Per the agreement the State has programmed a maximum of $150,000.00 to participate in resurfacing one lane in each direction on US Highway 30. There are sufficient funds in Account No. 10033506-85354 & 10033506-85351 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to JIL Asphalt Paving Co. of Grand Island, Nebraska in the amount of $955,830.76 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 6/9/2015 Page 189 / 228 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 5, 2015 at 2:00 p.m. FOR:Asphalt Maintenance Project 2015-AC-1 DEPARTMENT:Public Works ESTIMATE:$1,303,000.00 FUND/ACCOUNT:10033506-85354 PUBLICATION DATE:April 18, 2015 NO. POTENTIAL BIDDERS:5 SUMMARY Bidder:J.I.L. Asphalt Paving Co.Gary Smith Construction Co., Inc. Grand Island, NE Grand Island, NE Bid Security:Granite RE, Inc.Inland Insurance Co. Exceptions:None None Bid Price: Section #1A:$296,648.36 $364,067.10 Section #2A:$ 71,912.74 $ 87,373.75 Section #3A:$ 33,240.33 $ 42,649.50 Section #4A:$298,931.50 $393,871.25 Section #5B:$ 67,583.88 $ 85,325.70 Section #6B:$ 14,926.22 $ 20,220.00 Section #7B:$ 14,925.64 $ 22,665.00 Section #8C:$139,562.09 $200,063.87 Section #9:$ 18,100.00 $102,000.00 Total:$955,830.76 $1,318,236.17 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Stacy Nonhof, Purchasing Agent Terry Brown, PW Deputy P1817 Grand Island Council Session - 6/9/2015 Page 190 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-146 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing Project No. 2015-AC-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 5, 2015 bids were received, opened, and reviewed; and WHEREAS, JIL Asphalt Paving Co. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $955,830.76; and WHEREAS, JIL Asphalt Paving Co.’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2014/2015 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of JIL Asphalt Paving Co. of Grand Island, Nebraska in the amount of $955,830.76 for Asphalt Maintenance Project No. 2015-AC-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 191 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-10 #2015-147 - Approving Agreement with Nebraska Department of Roads for Asphalt Resurfacing Project No. 2015-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 192 / 228 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 9, 2015 Subject:Approving Agreement with Nebraska Department of Roads for Asphalt Resurfacing Project No. 2015-AC-1 Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background As part of the City’s 2015 Annual Resurfacing Project No. 2015-AC-1 sections of both 1st Street and 2nd Street are scheduled to be resurfaced. Both sections of roadway are part of the State Highway system and eligible for State participation. Discussion The City and State wish to enter into an agreement for the cost share of 1st Street; Sycamore Street to the concrete west of Plum Street and 2nd Street; Clark Street to the concrete west of Plum Street. The State has programmed $150,000.00 for their share of resurfacing one lane in each direction, which is to be applied to the actual construction cost only of work approved and accepted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/9/2015 Page 193 / 228 Recommendation City Administration recommends that the Council approve the Agreement with Nebraska Department of Roads for the cost share of sections of 1st Street and 2nd Street as part of the Asphalt Resurfacing Project No. 2015-AC-1. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2015 Page 194 / 228 Grand Island Council Session - 6/9/2015 Page 195 / 228 Grand Island Council Session - 6/9/2015 Page 196 / 228 Grand Island Council Session - 6/9/2015 Page 197 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-147 WHEREAS, the City of Grand Island is preparing for the Asphalt Resurfacing Project No. 2015-AC-1; and WHEREAS, sections of 1st Street; Sycamore Street to the concrete west of Plum Street and 2nd Street; Clark Street to the concrete west of Plum Street are scheduled to be resurfaced as part of such project; and WHEREAS, both sections of roadway are part of the State Highway system and eligible for State participation; and WHEREAS, the State has programmed $150,000 for their share of resurfacing one lane in each direction, which is to be applied to the actual construction cost only of work approved and accepted; and WHEREAS, the City and State wish to enter into an agreement for such cost share. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement by and between the City of Grand Island and Nebraska Department of Roads for the cost share of sections of 1st Street; Sycamore Street to the concrete west of Plum Street and 2nd Street; Clark Street to the concrete west of Plum Street as part of the Asphalt Resurfacing Project No. 2015-AC-1 is hereby approved. BE IT FURTHER RESOLVED, the Mayor is hereby authorized and directed 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 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 198 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-11 #2015-148 - Approving Revision to One Year Street Improvement Plan Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 199 / 228 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:June 9, 2015 Subject:Approving Revision to One Year Street Improvement Plan Item #’s:G-11 Presenter(s):John Collins, Public Works Director Background Asphalt Resurfacing Project No. 2015-AC-1 consists of milling and overlaying sections of roadway that exceed the two (2) inch depth maintenance project definition. Projects that exceed this definition are required to appear on the One and Six Year Street Improvement Plan submitted to the Nebraska Board of Classifications and Standards (NBCS) prior to construction. Public Works would like to proceed with the 2015-AC-1 project with construction taking place in 2015 (calendar year). To meet the NBCS requirements, a revision/addition to the One Year Plan must be submitted for construction projects taking place within that calendar year that were not previously listed on the One Year Plan. This will add all sections of the 2015-AC-1 project to the One Year Plan. This addition is done by means of a Form 10 (attached) and Council Resolution submittal to the NBCS. Discussion The Grand Island City Council adopted the current One and Six Year Street Improvement Plan on February 24, 2015 with Resolution 2015-60. Revisions to the One Year Plan must be approved by Council Resolution prior to submitting to the NBCS. Any changes to the Six Year Plan will be accounted for and demonstrated on the 2016 One and Six Year Plan submittal. Grand Island Council Session - 6/9/2015 Page 200 / 228 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the addition of Asphalt Resurfacing Project No. 2015-AC-1 to the 2015 One Year Street Improvement Plan. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2015 Page 201 / 228 County: City: Village: 2015 varies 2035 varies Thickness: Width: 2" or 3" varies X Grading Concrete Right of Way Lighting Aggregate Curb & Gutter Utility Adjustments Shoulder Widen Armor Coat Drainage Structures Fencing X Asphalt Erosion Control Sidewalk Length: Length: Span: Rise: Length: Length: *County:*City: *State: *Federal: *Other: *Total: Signature: Title: Date: NBCS Form 10, Jul 96 Street Superintendent 956*OPTIONAL Project Length: (Nearest Tenth, State Unit of Measure)Project No.: varies M(310)‐635 (in Thousands)832 124 Hydraulic Analysis Pending Other Construction Features: ESTIMATED COST Bridges and Culverts Sized YES X N/A Culvert Diameter: Type: Box Culvert Type: PROPOSED IMPROVEMENT Design Standard Number:SurfacingMunicipal Bridge to Remain in Place:Roadway Width: Type: New Bridge:Roadway Width: Type: Reason for Revision Addition of Project No. 2015‐AC‐1, Local Resurfacing, including sections of Hwy 30 (2nd St and 1st St) that will be milled three (3) inches and overlayed (3) inches. Maintenance only will be performed on the majority of the sections but there may be areas that require more than maintenance as the project moves foward, such as the Hwy 30 sections mentioned above. Location Description: See attached project plans 2nd St (Hwy 30 W/B) ‐ Clark to Conc. W of Plum; 1st St (Hwy 30 E/B) ‐ Sycamore to Conc. W of Plum; Eddy St ‐ 2nd to 3rd; 4th St ‐ Broadwell to Conc. W of Plum; Sycamore St ‐ Division to 3rd; Kimball St ‐ Division to 1st; Cleburn St ‐ 1st to 2nd; and Seedling Mile Rd ‐ Cul‐de‐sac to East City Limits (E of Shady Bend Rd) Project Description: Mill and replace asphaltic concrete. Existing Surface Type and Structures: (Such as dirt, gravel, asphalt, concrete, culvert, or bridge) Asphalt and Asphalt over concrete Average Daily Traffic: Classification Type: (As shown on Functional Classification Map) varies Board of Public Roads Classifications and Standards Form 10 Notification of Revision of One‐Year Plan GRAND ISLAND Grand Island Council Session - 6/9/2015 Page 202 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-148 WHEREAS, the City Council approved the 2015 One and Six Year Street Improvement Plan on February 24, 2015; and WHEREAS, construction of Asphalt Resurfacing Project No. 2015-AC-1 has been approved for the 2015 Calendar Year; and WHEREAS, the Nebraska Board of Classifications and Standards requires a Notification of Revision of One Year Plan (Form 10) to be submitted prior to construction of projects not currently listed on the One Year Plan; and WHEREAS, this Council has determined that the Notification of Revision of One Year Plan as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the revision to the 2015 One Year Street Improvement Program, identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 203 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item G-12 #2015-149 - Approving Agreement with NDOR for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2016 Fiscal Year’s Transportation Planning Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 204 / 228 Council Agenda Memo From:Terry Brown, Assistant Public Work Director Meeting:June 9, 2015 Subject:Approving Unified Planning Work Program (UPWP) for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2016 Fiscal Year Transportation Planning Program Item #’s:G-12 Presenter(s):Terry Brown, Assistant Public Works Director Background All agreements must be approved by the City Council and will be acted on when agreements are received from NDOR and the Federal Transit Administration. In March 2013 the City of Grand Island was designated as an urbanized area with a population over 50,000 which require the metropolitan area to establish a transportation planning process in accordance to Title 23 CFR 450 of the current federal transportation bill. As a requirement in this process, the MPO develops annually a Unified Planning Work Program describing the work activities and funding required by GIAMPO to carry-out these mandates. This proposed FY 2016 UPWP, is unique in that it reflects previous federal and local funds that have been acted on by Council, as well as Federal Transit Funds that are required to be identified in the MPO Policy Board documentation for the City to receive FTA Section 5307 funding. The Fiscal year for the MPO planning process is July 1, 2015 – June 30, 2016. The Federal Highway Administration participation in the MPO transportation planning program is not to exceed $214,305 for Fiscal Year 2016. The maximum Federal Transit Administration Section 5303 funds are $33,305. Federal participation in both FHWA PL and FTA Section 5303 funds will be a maximum of 80% of the eligible costs. The local 20% funds would be the City’s obligation to support the MPO planning process not to exceed $ 61,903.25. Other city participation in federal funded programs identified in the UPWP includes $ 25,000 FTA 5307 “Transit Needs Analysis Study” and $12,500 local match under agreement BO1501. Grand Island Council Session - 6/9/2015 Page 205 / 228 Discussion The Grand Island Area Metropolitan Planning Organization (GIAMPO) has drawn up a Unified Planning Work Program with the City of Grand Island for the purpose of assisting the LPA in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for fiscal year 2016. The maximum Federal Highway participation under this UPWP is not to exceed $264,305(FHWA), and $133,307(FTA) for Fiscal Year 2016, which begins July 1, 2015 and ends June 30, 2016. The Federal share on any portion of this project will be a maximum of 80% of the eligible costs. The local 20% funds would be the City’s obligation not to exceed $ 99,403.25 and can be part of in-kind services (staff time & expenses). The attached Exhibit “A” Grand Island Area Metropolitan Planning Organization (GIAMPO), Unified Planning Work Program describes the work to be carried out in accordance with 23 U.S.C Section 134 of the Moving Ahead for Progress in the 21st Century (MAP-21), Transportation Bill and has been reviewed and approved by the GIAMPO Policy Board, Nebraska Department of Transportation, Federal Highway Administration, and Federal Transit Administration. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 6/9/2015 Page 206 / 228 Grand Island Area Metropolitan Planning Organization (GIAMPO) FY 2016 Unified Planning Work Program The preparation of this document has been financed in part through funds from the Federal Highway Administration, Federal Transit Administration, the U.S. Department of Transportation, under the Metropolitan Planning Program, Section 104(f) of Title 23 U.S. Code, and Nebraska Department of Roads. The contents of this document do not necessary reflect the official views or policy of the U.S. Department of Transportation. APRIL 15, 2015 – DRAFT FOR REVIEW AND COMMENTS – APPROVIAL JUNE 9, 2015- GIAMPO POLICY BOARD Grand Island Council Session - 6/9/2015 Page 207 / 228 1 | P a g e Grand Island Area Metropolitan Planning Organization (GIAMPO) Unified Planning Work Program for Fiscal Year 2016 Policy Board Members Chair – Jeremey L. Jensen Vice-Chair – Chuck Haase Mayor: Mayor, Jeremey L. Jensen Grand Island Council Members: Vaughn Minton, Mike Paulick, Julie Hehnke, Chuck Haase County Board Members: Scott Arnold, Gary Quant Planning Commission Chair: Pat O’Neill Nebraska Department of Roads Director: Randy Peters Ex-Officio (non-voting) Members include: FHWA Nebraska Division Administrator: Joseph Werning FTA Region VII Administrator: Mokhtee Ahmad Approved Ex-Officio (non-voting) Other Members: City of Grand Island: Marlan Ferguson, John Collins, Terry Brown, Chad Nabity Nebraska Department of Transportation: Brad Zumwalt, Wes Wahlgren Federal Transit Administration: Mark Bechtel Federal Highway Administration: Justin Luther Technical Committee Members Chair – Chad Nabity Vice Chair – Terry Brown The voting membership of the TAC is as follows: (a) Grand Island Public Works Director (b) Grand Island City Administrator (c) Grand Island Manager of Engineering Services (d) Hall County Regional Planning Director (e) Hall County Public Works Director (f) Two representatives from NDOR; one designated by the Planning and Development Engineer and the District Four Engineer (g) Merrick County Public Works Director or Highway Superintendent (h) One representative from the Village of Alda The Ex-Officio (non-voting) membership of the TAC is as follows: (a) FHWA Nebraska Division Transportation Planner or designee (b) FTA Region VII Transportation Planner or designee (c) NDOR Local Projects Division Urban Engineer (d) Grand Island Finance Director (e) One representative from the Union Pacific Railroad and one representative from the Burlington Northern Santa Fe Railroad may be appointed to the committee by their respective companies; other rail system operators may be added by the policy board as needed (f) One representative from the Grand Island Area Chamber of Commerce (g) One representative from the Grand Island Area Economic Development Corporation (h) The Board of the Central Nebraska Regional Airport may appoint one representative Grand Island Council Session - 6/9/2015 Page 208 / 228 2 | P a g e TABLE OF CONTENTS Membership 1 Table of Contents 2 Boundary 3 Introduction 4 Significant Planned Activities for FY 2016& Planning Emphasizes Areas 5 MPO WORK ELEMENTS Element A – Unified Planning Work Program 6 Element B – Transportation Improvement Program 6 Element C – Public Participation Plan 7 Element D – Short Range Planning Activities 8 Element E – Long Range Transportation Plan 9 Element F – Transit Planning 10 Element G – Administration/System Management 10 Budget Table 12 Grand Island Council Session - 6/9/2015 Page 209 / 228 3 | P a g e Grand Island Metropolitan Study Area Introduction As required by 23 CFR 420 and 450.314 the Grand Island Area Metropolitan Planning Organization (GIAMPO) has prepared this Unified Planning Work Program (UPWP). The purpose of this document is to provide the citizens of the GIAMPO and all partnering governing bodies an outline of the Metropolitan Planning Organization’s planned work activities, and identify the funding for those activities for fiscal year 2016,(July 1, 2015-June 30, 2016). This document is a budget document and it may be amended by the policy board as priorities and activities change. The primary objectives for this year are to implement the Continuing, Cooperative, and Comprehensive, (3-C) transportation process to develop a performance based Long Range Transportation Plan, Formal Public Participation Plan, goals, objectives, and performance measures in accordance to current Federal Transportation Act MAP-21, and to institute a transportation planning process that will address the needs and investments in the transportation system in order to adequately maintain the transportation system. These Factors Include: The metropolitan planning process must explicitly consider and analyze, as appropriate, eight planning factors defined in MAP-21 that reflect sound planning principles and in coordination, cooperation, and continuing with stakeholders in the Grand Island Metropolitan Planning Organizations Planning Area.  Support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity and efficiency;  Increase the safety of the transportation system for motorized and non-motorized users; Grand Island Council Session - 6/9/2015 Page 210 / 228 4 | P a g e  Increase the security of the transportation system for motorized and non-motorized users;  Increase the accessibility and mobility options available to people and for freight;  Protect and enhance the environment, promote energy conservation, and improve quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;  Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;  Promote efficient system management and operation; and  Emphasize the preservation of the existing transportation system. This input will be used to identify, plan and prioritize projects to meet the transportation needs of the area. Initial efforts will focus on the development of the Public Participation Plan, Long Range Transportation Plan, and corridor studies to improve safety and efficiency within the existing transportation system. Grand Island Area Metropolitan Planning Organization (GIAMPO)  The Grand Island Area Metropolitan Planning Organization (GIAMPO), is the organization of elected officials in the Grand Island urbanized area designated by the Governor to carry-out the federal mandated transportation planning process.  GIAMPO provides the forum for local decision-making on transportation issues of a regional nature.  The foundation for the metropolitan planning process is to promote consistency between transportation improvements and state and local planned growth and economic development patterns and the submission of transportation planning documents to the FHWA, FTA, and NDOR.  Meaningful public involvement will be encouraged and actively sought throughout the planning and development of the area’s transportation plans and programs. Area citizens will be provided an opportunity and encouraged to comment on every aspect of the transportation planning process through planning meetings, public hearings, and individual correspondence.  GIAMPO staff will facilitate the development of all planning elements for the Metropolitan Planning Area in accordance to the current federal transportation bill. Policy Board The Policy Board shall establish policy and procedures for matters necessary to comply with the requirements of Title 23, United States Code, and subsequent acts. The Policy Board shall have the power and duty to prepare and adopt comprehensive transportation studies and plans to guide the unified development of the Grand Island Area Metropolitan Planning Area and to promote the general welfare and prosperity of its people in an economic and efficient manner. Technical Advisory Committee The MPO Technical Committee (TAC) is responsible for the administration of the (3-C) Transportation Planning Process, providing data, technical assistance, and recommendations to the Policy Board for matters necessary to comply with the requirements of Title 23, United States Code, and Subsequent acts. Responsibilities Include but are not limited to:  Advising the Policy Board on comprehensive transportation studies and plans to help guide the unified development of the Grand Island Area Metropolitan Planning Area to promote the general welfare and prosperity of its people in an economic and efficient manner.  Examining and recommending projects concerning the development of a safe, efficient, and coordinated multimodal transportation network. Grand Island Council Session - 6/9/2015 Page 211 / 228 5 | P a g e  Annually prepare and recommend, at a minimum, a five-year MPO Transportation Improvement Program (TIP) and shall review the allocation of all federal-aid funds to eligible projects within each Annual Element of the TIP for financial constraint.  Annually review the MPO Long-Range Transportation Plan (LRTP) and recommend updates as necessary. The LRTP shall be updated at a minimum every five years.  Annually prepare and recommend an MPO Unified Planning Work Program (UPWP) detailing projected work activities and a proposed budget for implementation.  Prepare and recommend a MPO Public Participation Process (PPP) that outlines the promotion and utilization of public involvement, to be reviewed annually and updated as necessary. Staff The GIAMPO professional staff will be available to aid local officials and concerned citizens in implementing transportation and various community improvement programs in an overall effort to enhance the area. Staff members encourage and assist local leaders in several programs, with strong emphasis on the benefits of regional cooperation and coordination. Currently, the GIAMPO staff involved with transportation planning consists of a Metropolitan Planning Organization Program Manager supported by the Director of Public Works/City Engineer and the Manager of Engineering Services in conjunction with the Director of the Hall County Regional Planning Department, and various administrative staff. Staff Time Estimates Staff (equivalent staff time) Estimated Staff Months Professional Staff (MPO Program Manager) - Direct 11.5 Administrative Staff 1 FY 2016 SIGNIFICANT PLANNED ACTIVITES Adoption of the FIRST Grand Island Area Metropolitan Planning Organization’s Performance Based Long Range Transportation Plan. Adoption of the FIRST Transportation Improvement Program for the GIAMPO Planning Area. Transit Needs Assessment and Identification of various social services agencies. GIAMPO Areas of Planning Emphasizes MAP-21 Implementation – In 2015, the Grand Island Area Metropolitan Planning Organization will be developing their initial Long Range Transportation Plan. This plan will be performance based which will include performance measures, setting targets, reporting performance, and programming transportation investments directed toward the achievement of the established system performance outcomes as outlined in MAP-21. Regional Models of Cooperation - As the goals are established for the GIAMPO Planning Process and Plan, goals will be established to “Ensure a Regional Approach to Transportation Planning by Promoting Cooperation and Coordination” for an effective and coordinated approach to transportation decision- making supporting common goals and capitalizing on opportunities related to project delivery, congestion management, safety, freight, livability, and commerce. Grand Island Council Session - 6/9/2015 Page 212 / 228 6 | P a g e Ladders of Opportunity (Access to Essential Services)- During FY 2015, into FY 2016 the MPO in cooperation with the City of Grand Island will be contracting outside services to develop a “Transit Needs Analysis”. This study will address transportation connectivity gaps in accessing essential services and the needs of the community for alternative modes of transportation. These essential services include employment, Health Care, Schools/Education, and recreation. MPO FY 2016 Work Elements Element A - Unified Planning Work Program (UPWP) Purpose: Develop and maintain the UPWP and budget including the following activities. Previous Work: Approved FY 2015 UPWP Activities:  Draft, finalize and adopt the 2017 UPWP and Budget by July 1, 2016  Maintain the 2016 UPWP and Budget through UPWP Amendments, as necessary  Maintain the annual FHWA PL grant contract and any subsequent amendments  Coordinate with planning partners regarding UPWP activities End Products: o Annual “DRAFT” FY 2017 UPWP submitted to NDOR prior April 15, 2016 o Amendments and Administration Modifications as needed Budget Total Costs Schedule 2016 UPWP and Budget Amendments $ 3,684 Ongoing “DRAFT” UPWP $ 4,612 April 15th, 2016 2017 Approved UPWP $ 895 July 1, 2016 Total Budget $ 9,191 Element B - Transportation Improvement Program (TIP) Previous Work: No work required prior to the adoption of the MPO’s Long Range Transportation Plan. Purpose: This element is to develop, maintain and monitor a five-year program of transportation projects and the financial plan that demonstrates the program can reasonably be implemented. GIAMPO will monitor the program, and will also continue the effort to gain public input on significant projects, and will provide mechanisms to inform the public of the funding availability for federal, state, and local projects. It also addresses TITLE VI assurances and Environmental Justice with its development and amendments to the approved TIP. Grand Island Council Session - 6/9/2015 Page 213 / 228 7 | P a g e Activities:  Meet with stakeholders, decision makers, and citizens concerning the Transportation Improvement Program (TIP) process and the TIP Program, when needed. This includes presentations of Grand Island’s one and six year road plans.  Staff involvement on project related activities ensuring issues are properly identified and adequately addressed for timely implementation.  Annual posting of federally funded projects for the previous fiscal year, including the status of every project in the first year of the previous TIP.  Draft an initial TIP Policy. End Products: o Approved 5-year Transportation Improvement Program by March 27, 2016 o Amendments to the current approved Transportation Improvement Program (if necessary) o Annual Posting of projects and status of year 1 of the previous TIP on GIAMPO’s website o Project Priority and Selection Policy for GIAMPO Budget Costs Schedule Approved 5-yearTransportation Improvement Prog. $4,500 3rd Quarter Federal/State Funds Expended Prior Year Publication $2,500 1st Quarter TIP Policy/Selection Process $5,513 3rd Quarter Present Grand Island’s 1 and 6 Year Road Plan $2,752 Total Budget $15,265 Element C – Public Participation Plan (PPP) Purpose: The initial PPP was developed as a task in the development of the LRTP, the foundation of the PPP is too enhance and encourage participation of stakeholders, decision makers, and citizens in the transportation planning process. Special efforts will focus on persons and groups that are typically under-represented in transportation planning or with special transportation needs, including, low- income, minority, elderly, and disabled populations. Previous Work:  A web page was developed for the Grand Island Area Metropolitan Planning Organization where meeting agendas and minutes are posted. Meeting notices are advertised in accordance with the City of Grand Island’s open meeting policy. Activities: Opportunities for public participation will be offered at all future GIAMPO Policy Board meetings and TAC meetings on published agenda items.  Continuing education about the MPO and the purpose of the MPO. This will be done with media interviews, GITV, and public speaking engagements with civic groups.  The GIAMPO website will be maintained for meeting notices and information regarding transportation planning activities that affect the region.  Maintenance and updating of social media sites such as Facebook and Twitter to inform interested parties on transportation planning activities.  Three(3) Stakeholders Workshops for the Long Range Transportation Plan Grand Island Council Session - 6/9/2015 Page 214 / 228 8 | P a g e End Product o Approved Public Participation Plan Budget Costs Schedule Title VI Mitigation/Assessment $ 1,500 Ongoing Public Participation Plan $ 7,927 1st Qtr Web Site Development/Maintenance $ 5,500 Ongoing Civic Group Speaking/Plan development Activities $ 3,224 Ongoing Media Interviews $ 1,200 Ongoing GITV Programing $ 500 Ongoing Total Budget $19,851 Element D – Short Range Planning Activities Purpose: To identify short range transportation needs and problems, present alternative solutions and evaluation criteria assisting policy makers in development and adoption of plans and programs that optimize efficient management of the existing transportation system. Other activities include activities that such as the review and maintenance of the Highway Function Classification System, assisting the Nebraska Department of Roads in Highway Performance Management System data collection and implementation of identified performance measures system-wide. Previous Work: This is a new planning work element for the MPO and is anticipated to be an on-going activity in future Unified Planning Work Programs. Activities:  Review and maintenance of the Highway Function Classification System  Assisting the Nebraska Department of Roads in Highway Performance Management System data collection  Implementation and review of identified performance measures  Addressing local concerns that have been identified through the (3-C) transportation planning process  Development of a process to identify areas where low cost safety counter measures can be implemented Identification and development of traffic engineering improvements and begin integrating safety conscious planning to address vehicle crashes and general operations of the transportation system that are identified through system wide analysis or through complaints and concerns of citizens and elected officials.  Evaluation of travel simulation/intersection capacity software(ie. Sycro, HCM) Budget Costs Schedule Development of processes for activities $ 6,747 On-going Total Budget $ 6,747 Grand Island Council Session - 6/9/2015 Page 215 / 228 9 | P a g e Element E– Long-Range Transportation Plan (LRTP) Purpose: The LRTP includes long-range and short-range strategies/actions that lead to the development of an integrated multimodal transportation system to facilitate the safe and efficient movement of people and goods. It will be developed with regards to the intent and requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) passed in July 2012 and guidance by the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Nebraska Department of Roads (NDOR). The consultant and MPO Program Manager shall coordinate development and completion of all activities with respective stakeholders. Previous Work: A Request-For-Proposal for Professional Services to perform the development of the Long Range Transportation Plan was developed. Consultant selection process, and signed agreements were put in place the fourth quarter of FY 2014. Consultant selection was made and the development of the LRTP began March 2015, including a travel demand model. Work on the development of the LRTP began in the 3rd quarter of FY 2015 with completion scheduled for March 27, 2016. Activities:  Develop performance goals, objectives, and measures for approval  Develop and calibrate of a Travel Demand Model that combines GIS and transportation modeling capabilities in a single integrated platform.  Development of a performance based LRTP with a 2040-year horizon by March 27, 2016Performance Measures and Priority Selection  Goals and Objectives  Existing Conditions  Demographic Analysis  Future IV's (Population, Land Use, Employment)  Bike/Freight/Transit/Air/Rail  ITS Goals  Financial Projections  Base and Forecasted E&C network projections End Products: o Approved Performance Goals, Objectives, and Measures o Validated Travel Demand Model o Forecasted Independent Variables o Financial Projections for LRP o E&C Network E&C LOS Identified o Approved 2040 Performance Based LRTP Budget Activities Costs Schedule QA/QC – Assisting Consultants $38,994 March 2016 Professional Services-Model/LRTP Development $ 135,119 Professional Services-LRTP Development – FY2015 Carry-Over $ 62,500 Total Costs $ 236,613 Grand Island Council Session - 6/9/2015 Page 216 / 228 10 | P a g e Element F – Transit Planning Previous Work: Preliminary discussions and the development of a MOA for Hall County to continue providing transit and para-transit services within the study area. Development of a RFP for consulting services to perform a Transit Needs Analysis Study to identify Transit Needs and “Ladders of Opportunity”, and how best to address those needs within the MPO Study Area. Purpose: In 2012, the City of Grand Island became the designated recipient to receive the FTA 5307(Urban) transit funds. In 2013, the City and Hall County entered into an interlocal agreement for Hall County Transportation to continue to operate services using unexpended FTA 5311(Rural) funds during a transitional period. During FY 2016 the MPO will work with the City of Grand Island and Hall County to develop and finalize a transitional plan for transit services in the City of Grand Island and Hall County. The plan must at a minimum provide a level of service for transit customers consistent with the level of service that has been offered by Hall County Transportation. The transitional plan will also take into account, possible additional services based on funding and identified needs of the community. Activity: A Transit Needs Analysis Plan and recommendations for Transit Alternatives in Grand Island Urban Area End Product: o Development of a Transition Plan and recommendations with timelines, expected funding and procurement policies. Budget Costs Schedule General Framework and Transit Planning $16,634 Transit Needs Analysis Study – Outside Consultant $25,000 2rd Quarter Total Budget $41,634 Element F – Administration/Systems Management (ASM) Purpose: The General administration of the transportation planning program for the Grand Island Area Metropolitan Planning Organization. Previous Work:  Adopted By-Laws for the Technical Advisory Committee on March 25, 2014  Adopted By-Laws for the Policy Committee in July 23, 2013, and amended September 17, 2013  Hired the Metropolitan Planning Manager on February 28, 2014  Set meeting schedules for the Policy Board and TAC  Developing the FY 2016 UPWP  Created of the GIAMPO web page  Established reporting and invoicing practices for transportation planning program  Provided for office and office equipment for the MPO Staff including computers, printers, furniture, phone and other necessary tools Grand Island Council Session - 6/9/2015 Page 217 / 228 11 | P a g e Activities:  Compile and submit quarterly reimbursement reports to NDOR  Compile and submit quarterly progress reports to NDOR  Manage the GIAMPO Funding Streams  Track the status of UPWP budget and activities End Product: o General Administration of the established 3-C Transportation Planning Process for the Grand Island Area Transportation Study. o FY 2016 Quarterly Reimbursement Requests and Quarterly Activities Reports Budget Costs Schedule Direct Prepare Meetings for Policy Board and TAC $7,100 Ongoing Meeting Minutes and other Documentation $4,430 Ongoing Administration of Program/Reporting Documentation $5,876 Ongoing Manage Funding Streams and Budget $5,917 Ongoing $23,323 Other Direct Office Supplies, Phone, Advertisment, Misc. $ 1,590 Ongoing Travel Simulation Software – See Element D $12,000 Ongoing Software Maintenance – TransCAD $ 1,200 Ongoing Training/Conferences/Travel $ 5,500 Ongoing $ 23,290 Admin. Total $46,613 Budget It is anticipated that the cost of implementing this UPWP for GIAMPO will be $372.015, during fiscal year 2016. Based on the formula funding for MPOs in Nebraska, in FY 2016 GIAMPO is eligible for up to $214,305 Federal Highway Planning funds, and $33,307 Federal Transit Section 5303 funds for staffing and other expenses. In addition, funds were made available for the Development of the Performance Based Long Range Transportation Plan in FY 2015 from the Federal Highway Administration SPR program with an anticipated budgeted carry-over of $62,500 into FY 2016. The City of Grand Island, by agreement provides at least a 20% match (including but not limited to staff time, office space, and web hosting and financial services) toward GIAMPO’s transportation planning activities. Grand Island Council Session - 6/9/2015 Page 218 / 228 Grand Island Area Metropolitan Planning Organization DISTRIBUTION OF COSTS BY WORK ELEMENT FY 2016 "Preliminary UPWP FY 2016 FEDERAL HIGHWAY ADMINISTRATION (FHWA) PL - PROGRAM COSTS July 1, 2015 - June 30, 2016 Project Number - TBA , Control Number - TBA Agreement TBA Category Cost Category Total NE Federal Grand Island Total Hours 0.80 0.20 100 UPWP Direct Labor 6,337.60 5,070.08 1,267.52 6,337.60 Fringe/Indirect 2,353.78 1,883.03 470.76 2,353.78 Other Direct 500.00 400.00 100.00 500.00 Total Unified Planning Work Program $9,191.38 $7,353.11 $1,838.28 $9,191.38 TIP Direct Labor 9,308.35 7,446.68 1,861.67 9,308.35 Fringe/Indirect 3,457.12 2,765.70 691.42 3,457.12 Other Direct 2,500.00 2,000.00 500.00 2,500.00 Total Transportation Improvmeent Program $15,265.47 $12,212.38 $3,053.09 $15,265.47 PPP-Public Participation Direct Labor 12,431.10 9,944.88 2,486.22 12,431.10 Fringe/Indirect 4,616.91 3,693.53 923.38 4,616.91 Other Direct 2,802.50 2,242.00 560.50 2,802.50 Total Public Participation $19,850.51 $15,880.41 $3,970.10 $19,850.51 Short Range Studies/Data Development/Maintenance Direct Labor 4,555.15 3,644.12 911.03 4,555.15 Fringe/Indirect 1,691.78 1,353.43 338.36 1,691.78 Other Direct 500.00 400.00 100.00 500.00 Total Short Range Studies/Data Maintenance $6,746.93 $5,397.55 $1,349.39 $6,746.93 Long Range Transportation Plan/Travel Demand Model Direct Labor 25,152.35 20,121.88 5,030.47 25,152.35 Fringe/Indirect 9,341.58 7,473.27 1,868.32 9,341.58 Other Direct 4,500.00 3,600.00 900.00 4,500.00 Outside Services (Development of LRTP) Append to Agreement FY 14 PL Funds - BO1501 135,118.75 108,095.00 27,023.75 135,118.75 FY 2015 Agreement BO1501 SPR Carry-Over 62,500.00 50,000.00 12,500.00 62,500.00  Total Long Range Transportation Plan/Travel Demand Model $236,612.68 $189,290.15 $47,322.54 $236,612.68 Transit Planning Direct Labor 11,435.20 10,200.00 2,550.00 12,750.00 Fridge/Indirect 4,249.03 3,399.23 849.81 4,249.03 Outside Consulting Services 25,000.00 20,000.00 5,000.00 25,000.00 Other Direct 950.48 760.38 190.10 950.48 Total Cost Transit Planning $41,634.71 $33,307.77 $8,326.94 $41,634.71 Administration/System Management Direct Labor - Prog.Man. 13,071.30 10,457.04 2,614.26 13,071.30 Fringe/Indirect - Program Manager 4,854.68 3,883.74 970.94 4,854.68 Direct Labor - Administrative Support 3,899.20 3,119.36 779.84 3,899.20 Fringe/Indirect - Administrative Support 1,497.60 1,198.08 299.52 1,497.60 Other Direct Office Supplies, Phone, Misc. 4,590.69 3,672.55 918.14 4,590.69 Travel Simulation Software - TBD (See 12,000.00 9,600.00 2,400.00 12,000.00 Software Maintenance TransCAD 1,200.00 960.00 240.00 1,200.00 Training/Conferences 5,500.00 4,400.00 1,100.00 5,500.00 Total Administration/System Management $46,613.47 $37,290.78 $9,322.69 $46,613.47 FHWA 2016 Direct Labor FHwA 70,855.9 56,684.68 14,171.17 74,755.05 Fringe/Indirect FHwA 27,813.46 22,250.77 5,562.69 27,813.46 Outside Services (LRTP) Append Agreement BO1501 135,118.75 108,095.00 27,023.75 135,118.75 Other Direct 34,093.19 27,274.55 6,818.64 34,093.19 Total FY 2016 FHWA UPWP 267,881.25 214,305.00 53,576.25 271,780.45 Total FY 2015 SPR Agreement BO1501 Carry-Over 62,500.00 50,000.00 12,500.00 62,500.00 Grand Island Council Session - 6/9/2015 Page 219 / 228 1 | P a g e Total FHWA UPWP $330,381.25 $264,305.00 $66,076.25 $330,381.25 FTA 2016 Direct Labor FTA 11,435.20 9,148.16 2,287.04 11,435.20 Fringe/Indirect FTA 4,249.03 3,399.23 849.81 4,249.03 Outside Services "Transit Needs Analysis" 25,000.00 20,000.00 5,000.00 25,000.00 Other Direct 950.48 760.38 190.10 950.48 Total FTA FY 2016 Section 5303 $41,633.75 $33,307.77 $8,326.94 $41,634.71 NOTES: Total Highway Planning Federal Highway Planning - FHWA $264,305.00 Total Transit Federal Transit Administration $33,307.00 Total Local Match $74,403.00 $372,015.00 “DRAFT” – Submitted April 2015 Grand Island Council Session - 6/9/2015 Page 220 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-149 WHEREAS, the Grand Island Area Metropolitan Planning Organization (GIAMPO) in cooperation with the Nebraska Department of Roads has prepared a Unified Planning Work Program (UPWP) for the purpose of assisting the LPA in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2016; and WHEREAS, the maximum Federal Highway Administration participation under this UPWP is not to exceed $330,381.15 for Fiscal Year 2016, which begins July 1, 2015 and ends June 30, 2016; and WHEREAS, the maximum Federal Transit Administration participation under this UPWP is not to exceed $133,307 for Fiscal Year 2016, which begins July 1, 2015 and ends June 30, 2016; and WHEREAS, the Federal share on any portion of this project will be a maximum of 80% of the eligible costs; and WHEREAS, the local 20% funds would be the City’s obligation not to exceed $99,403.25 and can be part of in-kind services (staff time & expense); and WHEREAS, the total cost is expected to be $497,015.25. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s obligation not to exceed $99,403.25 for the Grand Island Metropolitan Planning Area for Fiscal Year 2016 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 221 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item I-1 #2015-150 - Consideration of Approving Redevelopment Plan for Husker Highway Redevelopment Area 17 located at the Southwest Corner of U.S. Highway 281 and Husker Highway (Chief Industries) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 6/9/2015 Page 222 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-150 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Chief Industries, Inc., has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 17; and WHEREAS, Hanna:Keelan Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, Chief presented such study to the Grand Island City Council on April 14, 2015 and WHEREAS, on April 14, 2015 the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its May 6, 2015 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on June 9, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 17 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 223 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item I-2 #2015-151 - Consideration of FTE Amendment for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/9/2015 Page 224 / 228 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:June 9, 2015 Subject:Consideration of FTE Amendment for the Wastewater Division of the Public Works Department Item #’s:I-2 Presenter(s):John Collins PE, Public Works Director Background With the current updates taking place throughout the Wastewater Division the need for maintenance work will greatly be diminished. The Headworks project consists of new equipment and the North Interceptor will reduce the number of lift stations by a minimum of four (4) and possibly up to ten (10), therefore reducing the workload for maintenance within Wastewater. To ensure the Wastewater Division maintains a high level of regulation compliance an additional Laboratory Technician is being requested. Discussion The Wastewater Plant Engineer reviews staffing levels and skill sets at periodic intervals and is recommending two (2) changes to meet Wastewater’s current and projected needs. At this time we are proposing the addition of a Laboratory Technician ($39,152.36- $55,091.40) and the elimination of a vacant Maintenance Mechanic II ($41,497.56- $58,391.32). There will be no net change in the number of Wastewater FTEs, and the City would be better able to meet its wastewater obligations. The Maintenance Mechanics spent a disproportionate amount of time keeping the old pumps, old mechanically cleaned bar screens and old grit equipment at the Wastewater Treatment Plant, which were beyond their useful life expectancy, operating properly. The old mechanically cleaned bar screen and old grit equipment also negatively impacted the new aeration system. The Headworks project will be complete in a few weeks and will require substantially less maintenance, reducing the need for staff. Grand Island Council Session - 6/9/2015 Page 225 / 228 The permitting requirements and complexity of treatment is continually growing, increasing the need for testing and training. The requested Laboratory Technician will assist with compliance of chloride limits in the new NPDES permit, additional sampling of industrial customers, development of a Fats, Oil and Grease (FOG) Program, resolving issues resulting from the Nebraska Safety Council Inspection, training, Hydrogen Sulfide monitoring and providing better coverage for the lab. An FTE Amendment is needed to approve the changes in the 2014/2015 budget FTE schedule. 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 amending the City’s current FTE schedule to reflect the addition of one (1) Laboratory Technician as well as the elimination of one (1) Maintenance Mechanic II for the Wastewater Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/9/2015 Page 226 / 228 Approved as to Form ¤ ___________ June 5, 2015 ¤ City Attorney R E S O L U T I O N 2015-151 WHEREAS, the City approves the FTE’s for each department as part of the budget process; and WHEREAS, an amendment is required to allow changes to be made to the FTE schedule; and WHEREAS, the Wastewater Division of the Public Works Department has requested a reclassification of a position which will result in the deletion of one (1) FTE Maintenance Mechanic II and the addition of one (1) FTE Laboratory Technician; and WHEREAS, the FTE adjustment will result in a net zero change to the number of FTEs in the Wastewater Division of the Public Works Department; and WHEREAS, an amendment to the Wastewater Division Personnel FTE Budget Allocation is necessary to allow for the elimination of one (1) Maintenance Mechanic II and the addition of one (1) Laboratory Technician. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that amending the Wastewater Division Personnel FTE Budget Allocation is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 9, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/9/2015 Page 227 / 228 City of Grand Island Tuesday, June 9, 2015 Council Session Item J-1 Approving Payment of Claims for the Period of May 27, 2015 through June 9, 2015 The Claims for the period of May 27, 2015 through June 9, 2015 for a total amount of $3,424,324.98. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 6/9/2015 Page 228 / 228