06-23-2015 City Council Regular Meeting Packet
City of Grand Island
Tuesday, June 23, 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 - 6/23/2015 Page 1 / 267
City of Grand Island Tuesday, June 23, 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 Scott Taylor, First Christian Church, 2400 West 14th
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 - 6/23/2015 Page 2 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item D-1
#2015-BE-2 - Consideration of Determining Benefits and Levy
Special Assessments for Fence Removal from Public Right of Way
at 904 West Phoenix Avenue
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/23/2015 Page 3 / 267
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 23, 2015
Subject:Consideration of Determining Benefits and Levy Special
Assessments for Fence Removal from Public Right of
Way at 904 West Phoenix Avenue
Item #’s:D-1 & F-4
Presenter(s):John Collins PE, Public Works Director
Background
The Certificate of Final Completion for fence removal from the public right of way at
904 West Phoenix Avenue was approved by City Council on May 26, 2015, via
Resolution No. 2015-137. June 23, 2015 was set as the date for Council to sit as the
Board of Equalization. Through informal bids Galvan Construction, Inc. of Grand Island,
Nebraska was hired to remove the fence from the public right of way. Work was
completed at a price of $500.00. All work has been completed and special assessments
have been calculated for the improvements.
Discussion
The costs for this project will be assessed to the adjacent property. The payments are
spread over five (5) years at 7% simple interest. The first payment of principle only at
1/5th of the assessment is due 10 days after filing of the ordinance that levies the costs as
approved at the Board of Equalization. The City has had multiple correspondences with
the property owner and sent a reminder letter advising them that the BOE is scheduled for
June 23, 2015 and the first payment will be due shortly after.
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
Grand Island Council Session - 6/23/2015 Page 4 / 267
4.Take no action on the issue
Recommendation
Public Works Administration recommends that the Council meet as the Board of
Equalization to determine benefits and pass an ordinance to levy Special Assessments to
the individual property.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for fence removal from the public
right of way at 904 West Phoenix Avenue.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for fence removal from the
public right of way at 904 West Phoenix Avenue.
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Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-BE-2
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for fence removal from
public right of way at 904 West Phoenix Avenue, after due notice having been given thereof, that
we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$500.00; and
Such benefits are based on fence removal from the public right of way at the
adjacent property; and
According to the actual cost of fence removal from public right of way adjacent to
the respective lots, tracts, and real estate within such fence removal area, such benefits are the
sums set opposite the description as follows:
Name Description Assessment
John J. & Shirley M. Pascoe Lot 1, Block 1, Glover’s Subdivision $500.00
City of Grand Island, Hall County, Nebraska
TOTAL $500.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 12 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-1
Public Hearing on Request from Ornelas, Inc. dba La Cocina
Mexican Restaurant, 2418 North Webb Road, Suite A for Class “I”
Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/23/2015 Page 13 / 267
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 23, 2015
Subject:Public Hearing on Request from Ornelas, Inc. dba La Cocina
Mexican Restaurant, 2418 North Webb Road for a Class “I”
Liquor License
Item #’s:E-1 & I-1
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding
liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting and
administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic liquor to
the public in general and to minors in particular promotes the public health, safety, and
welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and careful
control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are operated is
such that they can be adequately policed by local law enforcement agencies so that the
abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a
minimum.
Discussion
Ornelas, Inc. dba La Cocina Mexican Restaurant, 2418 North Webb Road has submitted an
application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of
alcohol on sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control Commission for
issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health,
and Police Departments.
Grand Island Council Session - 6/23/2015 Page 14 / 267
Also submitted with the application was a request from Javier Erives, 504 N. Walnut Street, Apt.
3 for a Liquor Manager Designation.
After reviewing the Police Department report (see attached) it is recommended that the City
Council deny this request based on not qualifying under Nebraska State Statute 53-132 (a), (b),
and (c) and under Nebraska Liquor Control Commission Rules and Regulations, Chapter 2
010.01, Falsification of Application.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council deny this application.
Sample Motion
Move to deny the application for Ornelas, Inc. dba La Cocina Mexican Restaurant, 2418 North
Webb Road for a Class “I” Liquor License and Manager Designation for Javier Erives, 504 N.
Walnut Street, Apt. 3 based on not qualifying under Nebraska State Statute 53-132 (a), (b), and
(c) and under Nebraska Liquor Control Commission Rules and Regulations, Chapter 2 010.01,
Falsification of Application.
Grand Island Council Session - 6/23/2015 Page 15 / 267
06/18/15 Grand Island Police Department 450
10:16 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 08:00:00 06/15/2015
Occurred before : 08:00:00 06/15/2015
When reported : 08:00:00 06/15/2015
Date disposition declared : 06/18/2015
Incident number : L15061327
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 2814 Webb Rd 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 : ACT Active
Misc. number :
Geobase address ID : 46329
Long-term call ID :
Clearance Code : O O Open Case
Judicial Status : OPEN Active-Open investigation
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
LW L14120145 06/15/15 Liquor Lic Inv Related
NM 201621 06/17/15 Hager, Andrew D Contacted
NM 100996 06/15/15 Erives, Javier Manager
NM 197111 06/15/15 Gutierrez, Estanislao Owner
NM 197112 06/15/15 La Cocina Mexican Restaurant, Business Involved
NM 197113 06/15/15 Valdez, Maria de la luz Estanislao's Spouse
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
IMAGE CODES FOR INCIDENT:
Seq Imag Image code for a users description field
--- ---- ---------------- ------------------------------
1 DOC DOCUMENT mobile report
LAW INCIDENT NARRATIVE:
Grand Island Council Session - 6/23/2015 Page 16 / 267
Informational/Liquor Lic Investigation
I received a copy of a liquor license application from Ornelas Inc. doing
business as La Cocina Mexican Restaurant. I also received a copy of a liquor
manager application from Javier Erives.
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 13:08:07 06/15/2015
Grand Island Police Department
Supplemental Report
Date, Time: Mon Jun 15 13:08:19 CDT 2015
Reporting Officer: Vitera
Unit- CID
I received a copy of a Class I (beer, wine, distilled spirits on sale only)
corporate liquor license application from Estanislao Gutierrez for La Cocina
Mexican Restaurant. I also received a copy of a liquor manager application
from Javier Erives. La Cocina Mexican Restaurant is located at 2814 N. Webb
Road and is currently open for business.
Estanislao Gutierrez applied for a Class I LLC liquor license in Grand Island
in December 2014. The GIPD recommended a denial (see prior report), and his
application was denied by the Council based upon it being a false application
with hidden ownership and character and reputation issues with some of the
people involved. The application was withdrawn before it went in front of the
Nebraska Liquor Control Commission (NLCC).
In Estanislao's prior application, his daughter (Gabriela Gutierrez) was the
applicant for the liquor manager. Gabriela's husband (Gemelo M. Leon Garcia)
lent money to the business, was on the business checking account, signed the
lease agreement as a witness, and filled out the application for the liquor
license. Neither Gabriela or Estanislao knew how much money Gemelo had lent
the business. In fact, Gabriela was surprised that Gemelo had even lent money
to the business.
Grand Island Council Session - 6/23/2015 Page 17 / 267
The bottom line was that while Estanislao was the person applying for the
liquor license on paper, everything pointed towards the application belonging
to Gemelo, and Gemelo wasn't eligible to receive a liquor license. The main
issue with Gemelo is that at the time of the investigation, he was an illegal
alien who gained Deferred Action Childhood Arrival (DACA) status from President
Obama. All evidence indicated that Gemelo had stolen a California man's Social
Security number and used it for employment purposes before he obtained a
legitimate Social Security number after being granted DACA status.
Estanislao has a restaurant in McCook and York. During the prior
investigation, I learned that Mary Badel was listed on the NLCC's web site as
the liquor manager for the restaurant in McCook. However, according to the
Nebraska Criminal Justice Information System (NCJIS), Mary lives in Gering,
Nebraska which is 238 miles from McCook. The McCook Police Department also had
information showing that Mary lives in Gering. They hadn't had contact with
Mary since 20011. A paid law enforcement-only database shows that Mary has
lived in Gering since 4/30/2011.
I checked the NLCC's site on 6/15/15 and found that Mary Badel is still listed
as the liquor manager for the McCook restaurant. I am waiting to hear back
from the Gering Police Department about contact information for Mary. I would
like to ask her how long it's been since she was the liquor manager for the La
Cocina restaurant in McCook. Back in December, Andrew Hager was listed as the
liquor manager for the La Cocina in York. As of 6/15/15, he is still listed as
the liquor manager. I contacted the York Police Department and asked for help
locating Andrew, so I can ask him about his employment.
Later in the day on 6/15/15, I received a call from an investigator with the
Gering Police Department who advised that he checked their city utility records
and found that Mary Badel has been paying utilities in Gering since 4/8/11. I
was given a phone number for Mary and left her a message on 6/16/15 asking her
to call me. The phone number is the same number I tried calling back in
December of last year during the first La Cocina investigation. Mary didn't
return my call at that time.
On 6/16/15, the York Police Department was able to get a message to Andrew
Hager and have him call me. Andrew said he is currently living in Trinidad,
California. He was able to give me some personal identifying information, so I
knew I was speaking with the correct person. Andrew said he worked for the La
Cocina in McCook for about eight months and the La Cocina in York for about
four months. He advised that he hasn't worked for La Cocina in about a year and
a half. While Andrew said the people associated with La Cocina are good people,
he said they never paid him the entire time he worked for them. He worked for
tip money. Andrew said that La Cocina never gave him a W-2 or I-9 form.
Andrew went on to say that as far as he knew, La Cocina didn't pay any of their
employees (outside of family) with the exception of one person who was
persistent enough to get a W-2. Andrew said that Gemelo "Mario" Leon Garcia
was heavily involved in running all the La Cocina restaurants.
On 6/16/15, I also spoke with a Nebraska State Patrol (NSP) Investigator out of
North Platte who received the information I sent from the first La Cocina
investigation and worked a criminal complaint against Mario. The investigator
told me that he cited Mario for criminal impersonation. He said that Mario
plead guilty to the charge. I received a journal entry from the Red Willow
Grand Island Council Session - 6/23/2015 Page 18 / 267
County Court confirming that Gemelo Mario Leon Garcia plead guilty and was
found guilty of criminal impersonation. The investigator also informed me that
he served on search warrant on the corporate headquarters in McCook looking for
I-9 forms but was unable to find any. Mario was also unable to provide any of
the forms. The investigator told me that Mario represented himself as the
person who is taking care of all of the La Cocina restaurant business which
matches up with my first investigation and also to what Andrew Hager said. The
investigator also said that Mario's twin brother is managing the day-to-day
business at the McCook restaurant.
Back in May of this year, Hall County Sheriff's Deputy Dave Waskowiak's wife
told me that she and her husband had eaten at La Cocina in Grand Island and
observed someone bring some beer onto the premises. On 6/16/15, I spoke to
Deputy Waskowiak. He advised that he and his wife ate at the La Cocina in
Grand Island on 5/8/15 around 1700 or 1800 hours. When they were about finished
eating, Deputy Waskowiak said he observed an Hispanic male enter the restaurant
through the main customer entrance while carrying a couple of twelve packs of
beer. The male wasn't wearing a restaurant uniform, but he went straight back
to the kitchen area with the beer. Deputy Waskowiak and his wife each thought
the beer was Bud Light, but Deputy Waskowiak couldn't remember for sure.
However, he said that he was positive it was beer.
While looking at the current application, I noticed that the "no" box was
checked on the question asking the applicant if he has borrowed money from any
source including family and friends to establish and/or operate the business.
Towards the end of the application, a business plan is attached. Under the
section "Financial Management," it says, "Estanislao Gutierrez received private
loans from family and friends for remodeling costs." It doesn't name the family
and/or friends who lent him money or the amounts he received. I know from my
prior investigation, Gemelo Mario Leon Garcia lent the Grand Island La Cocina
$20,000.
Question eleven on the application asks the applicant to list all past and
present liquor licenses held. The question was answered by listing the York
and McCook licenses. It also says the York license belongs to Andrew Hager, and
the McCook license belongs to Mary Badel. Each license actually belongs to
Estanislao Gutierrez. Andrew Hager and Mary Badel were supposed to be the
liquor managers. Even the though the answer to the question is inaccurate, I
find it interesting that Estanislao is saying that Andrew Hager and Mary Badel
either own the license or are the liquor manager when they are neither the
license holder or the liquor manager.
Chapter 2 of the Rules and Regulations of the Nebraska Liquor Control
Commission under Manager Application (009.01) says, "Upon departure, death or
termination of a manager, a licensed corporation shall file an application with
the Liquor Control Commission for a new manager within sixty (60) days. Should
the corporation be unable to establish a manager within sixty (60) days, the
corporation may apply for a hardship
The main difference between the prior application and the current application
is the liquor manager. At this point, I don't think it's necessary to do a
background investigation on Javier Erives (proposed liquor manager). I've
clearly shown that the liquor manager position is rather pointless with the La
Cocina restaurants. Mary Badel is listed as the liquor manager at the McCook La
Grand Island Council Session - 6/23/2015 Page 19 / 267
Cocina, yet she has been living in Gering for four years. Andrew Hager is
listed as the liquor manager at the York La Cocina and hasn't worked there in a
year and a half.
My prior investigation lead to Gemelo Mario Leon Garcia being cited and found
guilty of criminal impersonation. According to information obtained during this
investigation, it appears that Mario is the main player in all three La Cocina
restaurants. Not only is Mario not eligible to get a liquor license or be a
liquor manager based upon his immigration status, I would submit that he is not
able to conform to the Nebraska Liquor Control Act since he was convicted of
criminal impersonation and couldn't produce I-9 forms which were requested by
the NSP investigator. All in all, I would say that this application is no
better and not inherently different than the previous one which was denied by
the council. The Grand Island Police Department recommends that the council
deny this one as well.
Grand Island Council Session - 6/23/2015 Page 20 / 267
06/18/15 Grand Island Police Department 450
10:10 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 08:00:00 11/14/2014
Occurred before : 08:00:00 11/14/2014
When reported : 08:00:00 11/14/2014
Date disposition declared : 06/18/2015
Incident number : L14120145
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 2418 Webb Rd 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 : CLO Closed Case
Misc. number : RaNae
Geobase address ID : 4481
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
LW L15061327 06/15/15 Liquor Lic Inv Related
NM 197109 12/02/14 Gutierrez, Gabriella Manager
NM 197111 12/02/14 Gutierrez, Estanislao Owner
NM 197112 12/02/14 La Cocina Mexican Restaurant, Business
NM 197113 12/02/14 Valdez, Maria de la luz Estanislao's Wife
NM 197115 12/02/14 Leon-Garcia, Gemelo M Gabriella's Spouse
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
IMAGE CODES FOR INCIDENT:
Seq Imag Image code for a users description field
--- ---- ---------------- ------------------------------
1 DOC DOCUMENT Mobile Report
2 DOC DOCUMENT Hayward PD Report
Grand Island Council Session - 6/23/2015 Page 21 / 267
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Grand Island Police Department
I Received a Copy of a Class I (Beer, Wine, Distilled Spirits, On Sale Only)
LLC
Retail Liquor License for "La Cocina Mexican Restaurant" from Estanislao
Gutierrez. I also Received a Copy of a Liquor Manager Application from
Gabriella Gutierrez for La Cocina.
~~---------------------------------------- (lwmain10303312022014)~~
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 13:29:25 12/02/2014
Grand Island Police Department
Supplemental Report
Date, Time: Tue Dec 02 13:29:37 CST 2014
Reporting Officer: Vitera
Unit- CID
I Received a Copy of a Class I (Beer, Wine, Distilled Spirits, On Sale Only)
LLC Retail Liquor License for "La Cocina Mexican Restaurant" from Estanislao
Gutierrez. I also Received a Copy of a Liquor Manager Application from Gabriela
Gutierrez for La Cocina. According to the applications, Estanislao is married
to Maria de la luz Valdez. Maria signed a Spousal Affidavit of Non
Participation form. Gabriela is married to Gemelo Mario Leon-Garcia. Gemelo did
not sign a Spousal Affidavit of Non Participation form. According to ICE,
Gemelo is an illegal alien who falls under an executive order by President
Obama called DACA, which stands for Deferred Action Childhood Arrival. Under
President Obama's order, Gemelo's status hasn't changed. He is still an illegal
alien, he is just shielded from deportation while President Obama is in office.
A new president could rescind the order.
While perusing the applications, I made the following observations. None of the
four people listed on the applications disclosed any convictions. Gemelo lent
Grand Island Council Session - 6/23/2015 Page 22 / 267
money to Estanislao to establish and/or operate the business. Gemelo is listed
as having access to the business account. The lease agreement for the
restaurant was also witnessed by "Gemelo M Leon G." There is a discrepancy in
the spelling of Gabriela's name. In most places on the applications, it's
spelled "Gabriella." In other places, her name is spelled, "Gabriela." I
found that it's spelled with one "l" on all the accompanying legal identifying
documents and in front of a notary where a signature was required. Estanislao
moved to McCook, NE is 2010. He bought the La Cocina there and eventually
opened a La Cocina in Beatrice and York. The Beatrice store closed. Prior to
living in Nebraska, he and the other applicants have lived in Tennessee and
Kansas.
I checked all of the people on the applications through Spillman (GIPD
database) and the Nebraska Criminal Justice Information System (NCJIS). None
of the people were listed in Spillman which isn't surprising since they are
relatively new to Nebraska and don't live in Grand Island. According to NCJIS,
Gabriela has two convictions for speeding in Nebraska in 2013. Gemelo has an
incident where he was convicted of speeding and no operator's license in April
of 2014, a conviction for not having insurance, and a second incident of being
convicted for not having a driver's license and speeding in 2012. Estanislao
just has an entry in NCJIS for having a driver's license. I can't find Maria in
NCJIS. I also checked NCJIS for wages earned by running each person's Social
Security number. Gabriela is the only person reporting wages earned in
Nebraska. None of the applicants have any outstanding arrest warrants that I
can find, and it appears that Gabriela and Estanislao are the only applicants
with a valid driver's license.
Besides the Spillman and NCJIS checks, I checked on the applicants by using a
paid law enforcement-only database. I found all of the applicants, but there
was very little information on any of them. I called the McCook Police
Department and sent a request for information to the Franklin, Tennessee Police
Department. Results of those contacts will be discussed later in this report.
Nebraska State Patrol Investigator Dan Fiala and I met with Gabriela and
Estanislao at the property for the restaurant on 12/1/14 at 1000 hours.
Gabriela said that her husband, Gemelo, is living in York and managing the
restaurant there while she has been living in McCook. She said Gemelo does a
lot of driving back and forth. It's worth noting again that Gemelo does not
have a valid driver's license. Gabriela also said that Gemelo has a twin
brother named Ismael. Ismael is supposed to manage the McCook restaurant when
Gabriela moves to Grand Island to manage the restaurant here. It was pointed
out to Gabriela that none of the people listed on the application disclosed any
convictions. She said that they didn't think traffic convictions were supposed
to be included. Investigator Fiala went over the application with her and read
the question which specifically says, "Include traffic violations." Gabriela
advised that her husband (Gemelo) filled out the application.
Gabriela was asked how much money Gemelo lent the business for the Grand Island
store. Gabriela looked surprised and asked Estanislao (her father). Neither one
of them knew. It seemed odd to me that Gabriela's husband would loan her father
money and neither one knew how much. In fact, it appeared that Gabriela didn't
know that she and Gemelo were loaning money to the business. In our presence,
Estanislao called Gemelo on the phone and asked how much money he lent the
business. Estanislao said Gemelo told him that Gemelo lent the business
Grand Island Council Session - 6/23/2015 Page 23 / 267
$20,000. Once again, I found it extremely perplexing that Gabriela (proposed
liquor manager) didn't know that her husband lent her father $20,000, and her
father (owner of the business) didn't know how much money Gemelo contributed.
It's also a little odd that Gemelo does not know how to spell his wife's first
name.
I asked Gabriela more about her husband and his responsibilities as the manager
of the La Cocina in York. She said he does a little bit of everything.
However, she added that Andrew Hager is the liquor manager and takes care of
everything involving alcoholic beverages. Investigator Fiala and I were also
told that "they" had spent $50,000 buying equipment from the owner of San Pedro
(prior business located in the building where La Cocina will be located in
G.I.).
Gabriela went on to say that Mary Badel, who is listed as the liquor manager of
the McCook La Cocina, lent a total of $40,000 to the York La Cocina. Money from
the York restaurant was used to pay for the equipment in the Grand Island
restaurant. Gabriela said that Mary Badel started the La Cocina in McCook and
eventually sold it to Estanislao. Investigator Fiala located the York La Cocina
application and confirmed that Mary Badel was listed as someone who lent the
business money. Investigator Fiala also said that it was obvious by the
handwriting that the person who filled out the York application is the same
person who filled out the Grand Island application.
I spoke to a detective with the McCook Police Department and asked him about
the applicants. I was told that they don't have any documented contacts with
Estanislao Gutierrez or Maria de la luz Valdez. They have a record of citing
Gabriela for speeding, and they had contact with her and Gemelo during a child
abuse investigation in 2012. I also asked about Mary Badel. The detective told
me that Mary started the La Cocina in McCook. He also said that they haven't
had any documented contacts with her since 2011. In fact, they showed Mary as
living in Gering, Nebraska.
According to the Nebraska Liquor Control Commission (NLCC) web site, Mary is
currently listed as the liquor manager for the La Cocina in McCook. I looked up
Mary Badel in NCJIS and only found one. The address in NCJIS matched the
address that the McCook Police Department had. I tried to call Mary using
information obtained from the McCook PD. I was only able to leave a voicemail
and am not sure if the number I called actually belongs to her. I have not
received a return call. I seriously doubt that Mary is a liquor manager for the
McCook restaurant if she is still living in Gering.
In addition to the information I got from the McCook PD, I received some
information from the Franklin Police Department in Franklin, Tennessee. A
records clerk advised that they had no documented contacts with Maria de la luz
Valdez or Gabriela Gutierrez. They had traffic contacts with Estanislao and
Gemelo. Estanislao was cited for not having proof of a valid registration
certificate and driving without headlights. I don't know whether he was
convicted of either offense. Gemelo was cited for an improper turn and
"squealing tires/excessive noise." Once again, I don't know whether he was
convicted of either charge. However, Franklin PD had Gemelo's middle name
listed as "Ismael" instead of Mario. I ran the Tennessee driver's license
number associated with the citation issued by the Franklin PD. It comes back to
Gemelo I. Leon Garcia. I ran the Tennessee driver's license number provided by
Grand Island Council Session - 6/23/2015 Page 24 / 267
Gemelo Mario Leon Garcia, and it comes back as Gemelo M. Leon Garcia. It
appears the citations issued by Franklin PD were issued to Ismael, not Mario. I
didn't get a chance to ask Gabriela if her husband and her brother-in-law have
the same first and last name but different middle names.
On 12/2/14, I received an e-mail from City Clerk RaNae Edwards which included a
faxed document from Gabriela documenting traffic convictions in Nebraska for
she and Gemelo. She still didn't include any convictions from other states, but
I don't know if Estanislao was convicted of the charges in Franklin, Tennessee.
Also on 12/2/14, I called Mary Messman who works in the licensing division at
the NLCC. I explained the situation with Gemelo being an illegal alien and
lending mony to the business, being on the business account, signing the lease
agreement as a witness, and filling out the application. Mary said those
actions would constitute hidden ownership and make this a false application.
I would also argue that there are character and reputation issues with Gemelo
being an illegal alien and not having a license to drive, and not reporting
wages in Nebraska while managing a restaurant in York. Through his wife's
testimony, his driving record, and his lack of wages associated with his Social
Security number, he is flaunting his wanton disregard of the law.
All in all, the Grand Island Police Department recommends that the council not
give local approval to this application due to the issues with Gemelo. Gemelo
is an illegal alien who can't get a liquor license. However, all of the
information stated in this report make Estanislao Gutierrez's application look
more like Gemelo Mario Leon Garcia's application.
Grand Island Police Department
Supplemental Report
Date, Time: Thu Jan 08 12:56:33 CST 2015
Reporting Officer: Vitera
Unit- CID
During the city council meeting on 12/9/14, Gemelo addressed the council. He
verbally refuted part of my report by saying that he is reporting wages in
Nebraska. He waived some paperwork in the air as he made this statement. The
council did not request to view the paperwork, nor did I. The council did not
give local approval to the application.
I received notice that this application is going in front of the NLCC on
1/14/15. Wondering what paperwork Gemelo may have had, I called the Nebraska
Department of Revenue on 1/7/15 and spoke to Jerry Fiala. After e-mailing him
the Personal Oath and Consent of Investigation form, Jerry was able to tell me
that he found two Social Security numbers under the name Mario Leon. One number
(……7485) is the number I had that Gemelo provided on the application. The other
number that Jerry found is …..3821.
I ran each number through the DOL area of NCJIS. This time, the …..7485 popped
up with Mario Leon working for Estanislao LLC and reporting $4,400 worth of
wages for the 3rd quarter of 2014. When I ran …..3821, it showed Mario Leon
Grand Island Council Session - 6/23/2015 Page 25 / 267
working for Estanislao LLC and reporting wages from the second quarter of 2012
through the second quarter of 2014.
Knowing that Gemelo is an illegal alien, I tried to figure out why he has two
Social Security numbers and if someone might be a victim of identity theft. I
ran the numbers through a paid law enforcement-only database and got two
responses for the …..7485 number. The two responses appear to be the same
person with the names transposed. The first response came back to Leon G. Mario
Gemelo out of McCook, NE and Franklin, TN. The second response came back to
Gemelo M. Garcia out of McCook, NE.
The …..3821 number came back to Melvin Wong in Hayward, CA. There was a
telephone number associated with Melvin's entry. I called the number and a
person answered the phone and identified himself as Melvin Wong. Not wanting
Melvin to think he was being deceived into giving out his personal identifying
information, I told Melvin the Social Security number, date of birth and
address I had for him. He confirmed that it was all accurate. He said that he
has had the same Social Security number his entire life. Prior to my call,
Melvin didn't know that someone was using his Social Security number. I asked
him to make a report with his local police department, provide my contact
information to them, and ask them to send me a copy of the report. I also
encouraged him to contact Experian, Trans Union, and Equifax.
On 1/8/15, I received a call from a woman identifying herself has Lisa Wong.
Lisa advised she is Melvin's wife. I heard and recognized Melvin's voice in the
background. Lisa said Melvin had a lot of information to take in from my phone
call yesterday and wanted to clarify a few things. During our conversation,
Lisa said they contacted the IRS and are making a report with them. She also
said they would go to their local police department and Social Security
Administration office and make reports with them as well.
After speaking with Lisa and typing this report, I faxed this report and
accompanying information to SA Brian Dostal with the Office of the Inspector
General, Office of Investigations, SSA. At this time, I am waiting to see what
information SA Dostal provides.
3 Vitera D 13:34:04 01/09/2015
SS Admin Info
Grand Island Police Department
Supplemental Report
Date, Time: Fri Jan 09 13:34:23 CST 2015
Reporting Officer: Vitera
Unit- CID
On 1/9/15, I received a phone call from SA Brian Dostal with the Office of the
Inspector General Social Security Administration Investigations. Special Agent
Dostal confirmed that the …..7485 comes back to Mario Leon. He also confirmed
that the …..3821 belongs to Melvin Wong.
Grand Island Council Session - 6/23/2015 Page 26 / 267
4 Vitera D 10:19:13 02/18/2015
318- Transfer Criminal Case to NSP
Grand Island Police Department
Supplemental Report
Date, Time: Wed Feb 18 10:19:38 CST 2015
Reporting Officer: Vitera
Unit- CID
I was supposed to testify in front of the NLCC on 2/18/15 regarding La Cocina's
liquor license application. I held on to this case waiting for the hearing
because I thought I might be able to get some information out of Gemelo about
him having two Social Security numbers. On 2/17/15, I received notification
that La Cocina withdrew their application, and there wouldn't be a hearing. At
that time, I forwarded this report along with several attachments to Sgt. Smith
with the NSP in McCook and ask him to have someone in his office investigate
the identity theft involving Gemelo M. Leon-Garcia using Melvin Wong's Social
Security number. I discussed the case with him over the phone on 2/18/15. I
will call Melvin Wong and update him on the case.
Grand Island Council Session - 6/23/2015 Page 27 / 267
Nebraska Revised Statute 53-132
Revised Statutes » Chapter 53 » 53-132
53-131.01
|
53-133
Print Friendly
53-132. Retail, craft brewery, or microdistillery license; commission; duties.
(1) If no hearing is required pursuant to subdivision (1)(a) or (b) of section 53-133 and the
commission has no objections pursuant to subdivision (1)(c) of such section, the commission
may waive the forty-five-day objection period and, if not otherwise prohibited by law, cause a
retail license, craft brewery license, or microdistillery license to be signed by its chairperson,
attested by its executive director over the seal of the commission, and issued in the manner
provided in subsection (4) of this section as a matter of course.
(2) A retail license, craft brewery license, or microdistillery license may be issued to any
qualified applicant if the commission finds that (a) the applicant is fit, willing, and able to
properly provide the service proposed within the city, village, or county where the premises
described in the application are located, (b) the applicant can conform to all provisions and
requirements of and rules and regulations adopted pursuant to the Nebraska Liquor Control Act,
(c) the applicant has demonstrated that the type of management and control to be exercised over
the premises described in the application will be sufficient to insure that the licensed business
can conform to all provisions and requirements of and rules and regulations adopted pursuant to
the act, and (d) the issuance of the license is or will be required by the present or future public
convenience and necessity.
(3) In making its determination pursuant to subsection (2) of this section the commission
shall consider:
(a) The recommendation of the local governing body;
(b) The existence of a citizens' protest made in accordance with section 53-133;
(c) The existing population of the city, village, or county and its projected growth;
(d) The nature of the neighborhood or community of the location of the proposed licensed
premises;
(e) The existence or absence of other retail licenses, craft brewery licenses, or microdistillery
licenses with similar privileges within the neighborhood or community of the location of the
proposed licensed premises and whether, as evidenced by substantive, corroborative
documentation, the issuance of such license would result in or add to an undue concentration of
licenses with similar privileges and, as a result, require the use of additional law enforcement
resources;
Grand Island Council Session - 6/23/2015 Page 28 / 267
(f) The existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed
licensed premises;
(g) The adequacy of existing law enforcement;
(h) Zoning restrictions;
(i) The sanitation or sanitary conditions on or about the proposed licensed premises; and
(j) Whether the type of business or activity proposed to be operated in conjunction with the
proposed license is and will be consistent with the public interest.
(4) Retail licenses, craft brewery licenses, or microdistillery licenses issued or renewed by
the commission shall be mailed or delivered to the clerk of the city, village, or county who shall
deliver the same to the licensee upon receipt from the licensee of proof of payment of (a) the
license fee if by the terms of subsection (6) of section 53-124 the fee is payable to the treasurer
of such city, village, or county, (b) any fee for publication of notice of hearing before the local
governing body upon the application for the license, (c) the fee for publication of notice of
renewal as provided in section 53-135.01, and (d) occupation taxes, if any, imposed by such city,
village, or county. Notwithstanding any ordinance or charter power to the contrary, no city,
village, or county shall impose an occupation tax on the business of any person, firm, or
corporation licensed under the act and doing business within the corporate limits of such city or
village or within the boundaries of such county in any sum which exceeds two times the amount
of the license fee required to be paid under the act to obtain such license.
(5) Each license shall designate the name of the licensee, the place of business licensed, and
the type of license issued.
Grand Island Council Session - 6/23/2015 Page 29 / 267
FALSIFICATION OF APPLICATION
010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant
for a liquor license shall provide false or misleading information to the Nebraska Liquor Control
Commission, its executive director, or employees. Any violation of this provision may result in
denial of application for a liquor license or, in the event that a license has already been issued,
suspension, cancellation or revocation of such license.
FALSIFICATION OF INFORMATION
011.01 No licensee or partner, principal, agent or employee of any licensee shall provide false or
misleading information to the Nebraska Liquor Control Commission, its executive director or
employees. Any violation of this provision may result in suspension, cancellation or revocation of
such license.
Grand Island Council Session - 6/23/2015 Page 30 / 267
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Liquor ApplicationLa Cocina Mexican Restauran t2418 N. Webb Rd . Suite A Class "I "
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Street CenterlineLiquor License Locations
2418 Webb Rd 1500'Radius
Grand Island Council Session - 6/23/2015 Page 31 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-2
Public Hearing on Amendment to Redevelopment Plan Area 1
located at 308-312 West 3rd Street
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 32 / 267
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:June 23, 2015
Subject:Amendment to Redevelopment Plan for CRA Area #1
Item #’s:E-2 & I-3
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. TIF can also be used for
improvements to and expansion of existing infrastructure including but not limited to:
streets, water, sewer, drainage.
T & S Properties, the owner of the Kaufman Building has submitted a proposed
amendment to the redevelopment plan that would provide for renovation and
redevelopment of this property for commercial and office uses at 308-312 West 3rd Street
in Grand Island, Nebraska.
The CRA reviewed the proposed development plan on May13, 2015 and forwarded it to
the Hall County Regional Planning Commission for recommendation at their meeting on
June 10, 2015. The CRA also sent notification to the City Clerk of their intent to enter
into a redevelopment contract for this project pending Council approval of the plan
amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on June 10, 2015. The Planning Commission approved
Resolution 2015-04 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Grand Island Council Session - 6/23/2015 Page 33 / 267
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
proposed project) and to enter into the record a copy of the plan amendment, the draft
TIF contract under consideration by the CRA.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented in the redevelopment plan along with the amended redevelopment plan for
CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan
amendment. The redevelopment plan amendment specifies that the TIF will be used to
offset allowed costs for renovation and rehabilitation of this property for commercial
office uses. The cost benefit analysis included in the plan finds that this project meets the
statutory requirements for as eligible TIF project and that it will not negatively impact
existing services within the community or shift additional costs onto the current residents
of Grand Island and the impacted school districts. There are $850,600 of identified
expenses eligible for Tax Increment Financing associated with the proposed
redevelopment plan amendment. The bond for this project will be issued for a period of
15 years and will end upon final payment of the bond principal and any associated
interest. The proposed bond for this project will be issued for the expected TIF proceeds
for the 15 year period of $272,888
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
Grand Island Council Session - 6/23/2015 Page 34 / 267
Redevelopment Plan Amendment
Grand Island CRA Area 1
May 2015
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area 1.
Executive Summary:
Project Description
THE REDEVELOPMENT OF THE KUAFMAN BUILDING LOCATED AT 308-312
W. 3RD STREET FOR OFFICE USES ON THE FIRST AND SECOND FLOORS
INCLUDING FIRE/LIFE SAFETY IMPROVEMENTS AND BUILDING
REHABILITATION AND REMODELING.
The use of Tax Increment Financing to aid in rehabilitation expenses associated with
redevelopment of the Kaufman Building into office space for more than 100 employees
for GIX Logistics. The use of Tax Increment Finance is an integral part of the
development plan and necessary to make this project affordable. The project will result
in renovated commercial office space and an increased number of downtown employees
at an existing Grand Island company. This project would not be possible without the use
of TIF.
T & S Land Development LLC is the owner of the property. They purchased this
property in December of 2014. The purchase price is not included as an eligible TIF
activity. The first floor of the building is currently occupied by GIX Logistics and JEO
Consulting. The second floor of the building is currently vacant. The developer is
responsible for and has provided evidence that they can secure adequate debt financing to
cover the costs associated with the site work and remodeling. The Grand Island
Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes
generated over the 15 year period beginning January 1, 2017 towards the allowable costs
and associated financing for the acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
308-312 W 3rd Street in Grand Island Nebraska Kaufman Building
Legal Descriptions: Lot 7, Block 57, Original Town of Grand Island, Hall County,
Nebraska.
Grand Island Council Session - 6/23/2015 Page 35 / 267
Existing Land Use and Subject Property
Grand Island Council Session - 6/23/2015 Page 36 / 267
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2017 through 2031 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from rehabilitation of this the
vacant portions of this historic building for commercial office space as permitted in
the B3 Heavy Business Zoning District.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2017.
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
Grand Island Council Session - 6/23/2015 Page 37 / 267
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate the building for permitted uses on this property as defined by
the current and effective zoning regulations.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area #1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not provide for the demolition and
removal any structures on this property.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for Downtown Commercial development;
this includes housing and commercial uses within the same structure. This property is in
private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site
plan of the area after redevelopment. [§18-2111(5)]
Grand Island Council Session - 6/23/2015 Page 38 / 267
City of Grand Island Future Land Use Map
Grand Island Council Session - 6/23/2015 Page 39 / 267
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this
project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is rehabilitating the existing building. The developer is not proposing to
increase the size of the building and current building meets the applicable regulations
regarding site coverage and intensity of use. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. No new services are
anticipated with this development.
Electric utilities are sufficient for the proposed use of this building.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property, owned by the
developer no relocation is contemplated or necessary. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] Sue Pirnie is a member of
the Authority and has disclosed this appropriately. As such she will not take part in any
discussions or decisions regarding this application.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer owns this property and acquisition is not part of the request for tax
increment financing. The estimated cost of rehabilitation of this property is $770,500.
Planning related expenses for Architectural and Engineering services of $73,000 and are
Grand Island Council Session - 6/23/2015 Page 40 / 267
included as a TIF eligible expense. Legal, Developer and Audit Fees including a
reimbursement to the City and the CRA of $6,600 are included as TIF eligible expense.
The total of eligible expenses for this project is $850,600.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $272,788 from the proceeds of the TIF
Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2017 through December
2032.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan. This
will have the intended result of preventing recurring elements of unsafe buildings and
blighting conditions.
Grand Island Council Session - 6/23/2015 Page 41 / 267
8. Time Frame for Development
Development of this project is anticipated to be completed between September 2015 and
December of 2016. Excess valuation should be available for this project for 15 years
beginning with the 2017 tax year.
9. Justification of Project
This is an historic building in downtown Grand Island that will be preserved with this
project. This project will provide more base employment within the downtown.
Additional downtown employees will support additional housing and retail services in the
downtown area.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2012), the City of Grand Island has analyzed the costs and benefits of the proposed
Grand Island Mall Redevelopment Project, including:
Project Sources and Uses. Approximately $273,000 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This investment by the Authority will leverage
$886,000 in private sector financing; a private investment of $3.25 for every TIF dollar
investment.1
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $307,500 $307,500
Site preparation
Legal and Plan*$81,000 $81,000
Building Costs
Renovation $272,788 $497,212 $770,000
Personal Property
Soft Costs
TOTALS $272,788 $885,712 $1,158,500
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2016,
valuation of approximately $310,720. Based on the 2013 levy this would result in a real
property tax of approximately $6,840. It is anticipated that the assessed value will
increase by $826,121 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $18,186 annually. The tax
1 This does not include any investment in personal property at this time.
Grand Island Council Session - 6/23/2015 Page 42 / 267
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for a period of 15 years, or such shorter time as may be
required to amortize the TIF bond, but would be used for eligible private redevelopment
costs to enable this project to be realized.
Estimated 2016 assessed value:$ 310,720
Estimated value after completion $ 1,136,841
Increment value $ 826,121
Annual TIF generated (estimated)$ 18,186
TIF bond issue $ 272,788
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $310,720.
The proposed redevelopment will create additional valuation of $826,121. No tax shifts
are anticipated from the project. The project creates additional valuation that will support
taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be negatively impacted
by this development. The addition of life safety elements to this building including fire
sprinklers and a second exit actually reduce the chances of negative impacts to the fire
department.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed project will have no impact on other firms locating or expanding in the
area.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers in any manner
different from any other expanding business within the Grand Island area. The Grand
Island labor market is tight but this will create additional full time jobs in the regions.
This will allow a local company to expand in our community.
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(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project will increase the number of available positions within the city and
strength and expand a locally owned company. This will also result in a larger employee
base located in the Grand Island Downtown.
Time Frame for Development
Development of this project is anticipated to be completed during between August of
2015 and December 31 of 2016. The base tax year should be calculated on the value of
the property as of January 1, 2016. Excess valuation should be available for this project
for 15 years beginning in 2017 with taxes due in 2018. Excess valuation will be used to
pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the
developer for a period not to exceed 15 years or an amount not to exceed $272,788 the
projected amount of increment based upon the anticipated value of the project and current
tax rate. Based on the estimates of the expenses of the rehabilitation the developer will
spend at least $770,000 on TIF eligible activities. The CRA will reserve the right to issue
additional debt for this project upon notification by the developer of sufficient expenses
and valuation to support such debt in the form of a second or third bond issuance.
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BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name:
T & S Land Development LLC.
P.O. Box 2122
Grand Island, NE 68802
Telephone No.: 308-398-8501 Fax No.: 308-398-9501 Cell 308-380-0577
Contact:
Tom Pirnie
Brief Description of Applicant’s Business:
T & S Land Development LLC is owned by J Thomas (Tom) and Susan D Pirnie.
Tom & Sue also have the controlling interest in GIX Logistics Inc. GIX Logistics
is a brokerage company that arranges for truck transportation services for their
customers.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________________
Present Ownership Proposed Project Site:
Grand Island Council Session - 6/23/2015 Page 45 / 267
T & S Land Development LLC purchased the property December 1, 2014
Proposed Project: Building square footage, size of property, description of
buildings – materials, etc. Please attach site plan, if
available.
If the application is approved we intend to remodel the second floor to allow for
expansion of the brokerage business. The building has 8,712 sq ft on each floor.
If Property is to be Subdivided, Show Division Planned:
VI.Estimated Project Costs:
Acquisition Costs:
A. Land $ NA_
B. Building $ 307,500
Construction Costs:
A. Renovation or Building Costs:$770,500
B. On-Site Improvements:$ NA
Soft Costs:
A. Architectural & Engineering Fees:$73,000
B. Financing Fees: $ unknown
C. Legal/Developer/Audit Fees:$NA
D. Contingency Reserves:$unknown
E. Other (Please Specify)$
TOTAL $ 73,000
Total Estimated Market Value at Completion:$ 1,306,953
Source of Financing:
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A. Developer Equity:$
B. Commercial Bank Loan:$ 525,000
Tax Credits:
1. N.I.F.A.$
2. Historic Tax Credits $
D. Industrial Revenue Bonds:$
E. Tax Increment Assistance:$ 272,788
F. Other $
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
CANNON MOSS BRYGGER ARCHITECTS
208 N PINE STREET SUITE 301
GRAND ISLAND, NE 68801
PROJECT WILL BE PUT OUT FOR BID IF APPROVED
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________________________________
Project Construction Schedule:
Construction Start Date: OCT 2015
Construction Completion Date: July 2016
If Phased Project:
_______________________ Year _______________________ %
Complete
_______________________ Year _______________________ %
Complete
Grand Island Council Session - 6/23/2015 Page 47 / 267
XII.Please Attach Construction Pro Forma
XIII. Please Attach Annual Income & Expense Pro Forma
(With Appropriate Schedules)
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
Successful completion of the remodeling of this building will allow GIX Logistics
to continue its aggressive growth plans and stay in this location with the eventual
goal of employing over 100 employees at this site.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_____________________________________________
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing
for Proposed Project: TIF financing will make this site the best location for our
future growth plans. I think the good paying jobs that come with our growth will
be a big gain for Grand Island and more specifically downtown Grand Island.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________
Grand Island Council Session - 6/23/2015 Page 48 / 267
Municipal and Corporate References (if applicable). Please identify all other
Municipalities, and other Corporations the Applicant has been involved with, or
has completed developments in, within the last five (5) years, providing contact
person, telephone and fax numbers for each:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
________________________
IV.Please Attach Applicant’s Corporate/Business Annual Financial Statements for
the Last Three Years.
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
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UPREF.ELEVATOR15' - 0"15' - 0"11' - 4 1/2"14' - 0"35' - 2 1/4"14' - 0"13' - 0"30' - 1 7/8"10' - 0"14' - 4 1/2"10' - 0"16' - 0"8' - 0"5' - 0"50' - 0"5' - 0"2' - 6 1/2"5' - 7"5' - 1"5' - 7"5' - 1"5' - 7"5' - 1"5' - 7"5' - 1"5' - 7"5' - 1"5' - 7"2' - 6 1/2"Grand IslandCouncil Session - 6/23/2015Page 50 / 267
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1 T & S Land Development, LLC - Contract
REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the _______ day of
___________, 2015, by and between the Community Redevelopment Authority of the City of
Grand Island, Nebraska ("Authority"), and T&S Land Development, LLC, a Nebraska limited
liability company ("Redeveloper").
WITNESSETH:
WHEREAS, the City of Grand Island, Nebraska (the "City'), in furtherance of the
purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska
Constitution and Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska,
2012, as amended (collectively the "Act"), has designated an area within the City as blighted and
substandard;
WHEREAS, the Authority has adopted, after approval by the Mayor and Council of the
City, that redevelopment plan amendment entitled “Redevelopment Plan Amendment
Grand Island CRA Area #1 " (the "Redevelopment Plan");
WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract
in order to implement the Redevelopment Plan and provide for the redevelopment of lots and
lands located in a blighted and substandard area;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally
applicable to both the singular and plural forms and masculine, feminine and neuter gender of
any of the terms defined:
"Act" means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended, and acts amendatory
thereof and supplemental thereto.
"Authority" means the Community Redevelopment Authority of the City of Grand Island,
Nebraska.
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"City" means the City of Grand Island, Nebraska.
"Governing Body" means the Mayor and City Council of the City.
"Holder(s)" means the registered owner or owners of Indebtedness issued by the Authority
from time to time outstanding.
"Indebtedness" means any notes, loans, and advances of money or other indebtedness,
including interest and premium, if any, thereon, incurred by the Authority pursuant to the
Resolution and Article III hereof to provide financing for a portion of the Project Costs and
secured in whole or in part by TIF Revenues. The Indebtedness as initially issued by the
Authority shall consist of the Authority's Tax Increment Development Revenue Note (T&S Land
Development Project), Series 2015, to be issued in an amount not to exceed $272,788 in
substantially the form set forth on Exhibit C and purchased by the Redeveloper as set forth in
Section 3.04 of this Redevelopment Contract.
"Liquidated Damages Amount' means the amounts to be repaid to Authority by
Redeveloper pursuant to Section 6.02 of this Redevelopment Contract.
"Project" means the improvements to the Redevelopment Project Area, as further
described in Exhibit B attached hereto and incorporated herein by reference and, as used herein,
shall include the Redevelopment Project Property and additions and improvements thereto.
"Project Cost Certification" means a statement prepared and signed by the Redeveloper
verifying the Redeveloper has become legally obligated for, or has paid the Project Costs
identified on Exhibit D.
"Project Costs" means only costs or expenses incurred by Redeveloper for the purposes
set forth in §l8-2103(12)(a) through (f), inclusive, including the providing for such costs by the
exercise of the powers set forth in §18-2107(4) of the Act, all as identified on Exhibit D. Project
Costs shall include, but not be limited to site acquisition costs, demolition and rehabilitation
expenditures, all improvements related to Project public infrastructure costs, site preparation
costs, utility extensions and costs of the Authority for legal and plan preparation, all as described
in Section 3.04 of this Redevelopment Contract.
"Redeveloper" means T&S Land Development, LLC, a Nebraska limited liability
company.
"Redevelopment Project Area" means that certain real property situated in the City of
Grand Island, Hall County, Nebraska which has been declared blighted and substandard by the
City pursuant to the Act, and which is more particularly described on Exhibit A attached hereto
and incorporated herein by this reference. All such legal descriptions are subject to change based
upon any re-platting requested by the Redeveloper and approved by the City.
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3 T & S Land Development, LLC - Contract
"Redevelopment Project Property" means all of the Redevelopment Project Area which is
the site for the improvements constituting the Project, as more particularly described on Exhibit
A attached hereto and incorporated herein by this reference.
"Redevelopment Contract" means this redevelopment contract between the Authority and
Redeveloper with respect to the Project.
"Redevelopment Plan" means the Redevelopment Plan Amendment (also defined in the
recitals hereto) for the Redevelopment Project Area related to the Project, as attached hereto as
Exhibit B, prepared by the Authority, approved by the City and adopted by the Authority
pursuant to the Act.
"Resolution" means the Resolution of the Authority authorizing the issuance of the
Indebtedness, as supplemented from time to time, and also approving this Redevelopment
Contract.
"TIF Revenues" means incremental ad valorem taxes generated on the Redevelopment
Project Property by the Project which are to be allocated to and paid to the Authority pursuant to
the Act.
Section 1.02 Construction and Interpretation.
The provisions of this Redevelopment Contract shall be construed and interpreted in
accordance with the following provisions:
(a)Whenever in this Redevelopment Contract it is provided that any person may
do or perform any act or thing the word “may" shall be deemed permissive and not
mandatory and it shall be construed that such person shall have the right, but shall not be
obligated, to do and perform any such act or thing.
(b)The phrase "at any time" shall be construed as meaning at any time or from
time to time.
(c)The word "including" shall be construed as meaning "including, but not
limited to."
(d)The words "will" and "shall" shall each be construed as mandatory.
(e)The words "herein," "hereof," "hereunder", "hereinafter" and words of
similar import shall refer to the Redevelopment Contract as a whole rather than to any
particular paragraph, section or subsection, unless the context specifically refers thereto.
(f)Forms of words in the singular, plural, masculine, feminine or neuter shall be
construed to include the other forms as the context may require.
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(g)The captions to the sections of this Redevelopment Contract are for
convenience only and shall not be deemed part of the text of the respective sections and
shall not vary by implication or otherwise any of the provisions hereof.
ARTICLE II
FINDINGS AND REPRESENTATIONS
Section 2.01 Findings of Authority.
The Authority makes the following findings:
(a)The Authority is a duly organized and validly existing community
Redevelopment Authority under the Act.
(b)The Redevelopment Plan has been duly approved by the City and adopted by
the Authority pursuant to Sections 18-2109 through 18-2117 of the Act.
(c)The Authority deems it to be in the public interest and in furtherance of the
purposes of the Act to accept the proposal submitted by Redeveloper as specified herein.
(d)The Redevelopment Project is expected to achieve the public purposes of the
Act by among other things, increasing employment, improving public infrastructure,
increasing the tax base, and lessening blighted and substandard conditions in the
Redevelopment Project Area and other purposes set forth in the Act.
(e)(1) The Redevelopment Plan is feasible and in conformity with the general
plan for the development of the City as a whole and the Redevelopment Plan is in
conformity with the legislative declarations and determinations set forth in the Act, and
(2) Based on representations made by the Redeveloper and the financial
analysis of the Authority:
(i)the Project would not be economically feasible without the use of
tax-increment financing, and
(ii)the Project would not occur in the Redevelopment Project Area
without the use of tax-increment financing.
(f) The Authority has determined that the costs and benefits of the Project,
including costs and benefits to other affected political subdivisions, the economy of the
community, and the demand for public and private services have been analyzed by the
Authority and have been found to be in the long-term best interest of the community
impacted by the Project.
(g) The Authority has determined that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purpose of
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5 T & S Land Development, LLC - Contract
accomplishing, in conformance with the general plan, a coordinated, adjusted, and
harmonious development of the City and its environs which will, in accordance with
present and future needs, promote health, safety, morals, order, convenience, prosperity,
and the general welfare, as well as efficiency and economy in the process of development:
including, among other things, adequate provision for traffic, vehicular parking, the
promotion of safety from fire, panic, and other dangers, adequate provision for light and
air, the promotion of the healthful and convenient distribution of population, the provision
of adequate transportation, water, sewerage and other public utilities, schools, parks,
recreational and community facilities, and other public requirements, the promotion of
sound design and arrangement, the wise and efficient expenditure of public funds, and the
prevention of the recurrence of insanitary or unsafe dwelling accommodations, or
conditions of blight.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
(a)The Redeveloper is a Nebraska limited liability company, having the power
to enter into this Redevelopment Contract and perform all obligations contained herein
and by proper action has been duly authorized to execute and deliver this Redevelopment
Contract. Prior to the execution and delivery of this Redevelopment Contract, the
Redeveloper has delivered to the Authority a certificate of good standing, a certified copy
of the Redeveloper's by-laws and a certified copy of the resolution or resolutions
authorizing the execution and delivery of this Redevelopment Contract.
(b)The execution and delivery of this Redevelopment Contract and the
consummation of the transactions herein contemplated will not conflict with or constitute
a breach of or default under any debenture, note or other evidence of indebtedness or any
contract, loan agreement or lease to which Redeveloper is a party or by which it is bound,
or result in the creation or imposition of any lien, charge or encumbrance of any nature
upon any of the property or assets of the Redeveloper contrary to the terms of any
instrument or agreement.
(c)There is no litigation pending or to the best of its knowledge threatened
against Redeveloper affecting its ability to carry out the acquisition, construction,
equipping and furnishing of the Project or the carrying into effect of this Redevelopment
Contract or in any other matter materially affecting the ability to Redeveloper to perform
its obligations hereunder.
(d)The Project would not be economically feasible without the use of tax
increment financing.
(e)The Project would not occur in the Redevelopment Project Area without the
use of tax-increment financing.
ARTICLE III
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OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution, the
Authority hereby provides that any ad valorem tax on any Lot or Lots located in the
Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen
years after the effective date (the “Effective Date”), as described in Section 18-2147 (1) of the
Act, which Effective Date shall be the January 1, 2016. Said taxes shall be divided as follows:
(a)That portion of the ad valorem tax on the real estate located in the
Redevelopment Project Area which is produced by levy at the rate fixed each year by or
for each public body upon the "redevelopment project valuation" (as defined in the Act)
of the Redevelopment Project Area shall be paid into the funds of each such public body
in the same proportion as all other taxes collected by or for the bodies; and
(b)That portion of the ad valorem tax on real property in the Redevelopment
Project Area in excess of such amount (the "Incremental Ad Valorem Tax"), if any, shall
be allocated to, is pledged to, and, when collected, paid into a special fund of the
Authority (designated in the Resolution as the "Note Fund") to pay the principal of, the
interest on, and any premium due in connection with the Indebtedness. When such
Indebtedness, including interest and premium due have been paid, the Authority shall so
notify the County Assessor and County Treasurer and all ad valorem taxes upon real
property in such Phase shall be paid into the funds of the respective public bodies.
Section 3.02 Issuance of Indebtedness
The Authority shall authorize the issuance of the Indebtedness in the form and stated
principal amount and bearing interest and being subject to such terms and conditions as are
specified in the Resolution and this Redevelopment Contract; provided, at all times the
maximum amount of the Indebtedness shall be limited to the lesser of (i) the stated face amount
of the Indebtedness, or (ii) the sum of all Project Costs incurred by the Redeveloper as set forth
on Exhibit D. No Indebtedness will be issued until Redeveloper has acquired fee title to the
Redevelopment Project Property and become obligated for construction of the additions and
improvements forming a part of the Project as described in the Plan.
Prior to December 15, 2015, the Authority shall issue one Tax Increment Development
Revenue Note, in one taxable series, in a maximum principal amount of two hundred seventy
two thousand seven hundred eighty eight and no/100 Dollars ($272,788), in substantially the
form shown on the attached Exhibit C (“TIF Note”), for net funds available to be purchased by
Redeveloper (“TIF Note Purchaser”), in a written form acceptable to Authority’s attorney, and
receive Note proceeds from the TIF Note Purchaser in said amount. At the option of the
Authority, the Authority shall make a grant to Redeveloper in such amount, and such grant shall
offset TIF Note Purchaser’s obligation to purchase the TIF Note. Subject to the terms of this
Agreement and the Resolution, the Authority’s Treasurer on behalf of the Authority shall have
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7 T & S Land Development, LLC - Contract
the authority to determine the timing of issuing the Indebtedness and all the other necessary
details of the Indebtedness.
The Redeveloper agrees to purchase the Indebtedness at a price equal to the principal
amount thereof, in a private placement satisfactory to the Authority as to its terms and
participants (including any pledgee thereof). Neither the Authority nor the City shall have any
obligation to provide for the sale of the Indebtedness. It is the sole responsibility of the
Redeveloper to effect the sale of the Indebtedness by purchasing the Indebtedness in accordance
with the terms of this Redevelopment Contract and the Resolution. Redeveloper acknowledges
that it is its understanding and the Authority's understanding that interest on the Indebtedness
will be includable in gross income for federal income tax purposes and subject to Nebraska State
income taxation.
Section 3.03 Pledge of Revenues.
Under the terms of the Resolution, the Authority pledges 100% of the available annual
TIF Revenues derived from the Redevelopment Project Property as security for and to provide
payment of the Indebtedness as the same fall due (including payment of any mandatory
redemption amounts set for the Indebtedness in accordance with the terms of the Resolution).
Section 3.04 Purchase and Pledge of Indebtedness/Grant of Net Proceeds of Indebtedness.
The Redeveloper has agreed to purchase the Indebtedness from the Authority for a price
equal to the principal amount thereof, payable as provided in Section 3.02 and this Section 3.04.
The Redevelopment Plan provides for the Redeveloper to receive a grant under this
Redevelopment Contract. In accordance with the terms of the Redevelopment Plan the
Redeveloper is to receive a grant sufficient to pay the costs of site acquisition, demolition and
rehabilitation expenditures, all improvements related to Project public infrastructure costs, site
preparation costs, utility extensions and costs of the Authority for legal and plan preparation
including those items described on Exhibit D (the "Project Costs"), in the aggregate maximum
amount not to exceed $272,788. Notwithstanding the foregoing, the aggregate amount of the
Indebtedness and the grant shall not exceed the amount of Project Costs as certified pursuant to
Section 4.02 of this Redevelopment Contract. Such grant shall be made to the Redeveloper upon
certification of Project Costs as set forth herein and in the Resolution, and payment purchase of
the Indebtedness as provided in Section 3.02, unless Redeveloper elects to offset the payment of
the purchase of the Indebtedness with the grant proceeds as provided herein and in the
Resolution. The Authority shall have no obligation to provide grant funds from any source other
than as set forth in the Resolution and this Redevelopment Contract.
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Section 3.05 Creation of Funds.
In the Resolution, the Authority has provided for the creation of the following funds and
accounts which funds shall be held by the Authority separate and apart from all other funds and
moneys of the Authority and the City:
(a)a special trust fund called the “T&S Land Redevelopment Project Note Fund” (the “Note
Fund”). All of the TIF Revenues shall be deposited into the Note Fund. The TIF Revenues
accumulated in the Note Fund shall be used and applied on the Business Day prior to each Interest
Payment Date (i) to make any payments to the City or the Authority as may be required under the
Redevelopment Contract and (ii) to pay principal of or interest on the Note to the extent of any
money then remaining the Note Fund on such Interest Payment Date. Money in the Note Fund shall
be used solely for the purposes described herein and in the Resolution. All Revenues received
through and including December 31, 2030 shall be used solely for the payments required herein and
by the Resolution; and
(b)a special trust fund called the “T&S Land Redevelopment Project Fund” (the “Project
Fund”) The Authority shall disburse any money on deposit in the Project Fund from time to time to
pay or as reimbursement for payment made for the Project Costs in each case within 5 Business
Days after completion of the steps set forth herein and in the Resolution. If a sufficient amount to
pay a properly completed Disbursement Request (as defined in Section 4.02) is not in the Project
Fund at the time of the receipt by the Authority of such request, the Authority shall notify the owner
of the Note and such owner may deposit an amount sufficient to pay such request with the Authority
for such payment. As set forth in the Resolution, if the Redeveloper is the owner of the Note and
the Redeveloper so elects, the Authority shall make a grant to Redeveloper in the amount of an
approved Disbursement Request; in such event, the approved Disbursement Request amount shall
offset funding of the Note.
ARTICLE IV
OBLIGATIONS OF REDEVELOPER
Section 4.01 Construction of Project; Note; Insurance.
(a) Redeveloper will acquire the Project, demolish and rehabilitate structures on the site,
prepare the site for redevelopment, install all required utilities and improvements in the public
right-of-way in accordance with the plans and specifications provided to the Authority.
Redeveloper will coordinate with the City for the City’s design and construction required for the
installation of all public infrastructure improvements and right-of-way improvements. The
Redeveloper shall provide and pay for infrastructure installation.
Redeveloper shall pay for the costs of site acquisition, site preparation, demolition and
rehabilitation, utility extension, public infrastructure and costs of the Authority as set forth on
Exhibit D, from the grant provided in Section 3.04 hereof. Redeveloper shall be solely
responsible for obtaining all permits and approvals necessary to acquire, construct and equip the
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Project. Until construction of the Project has been completed, Redeveloper shall make reports in
such detail and at such times as may be reasonably requested by the Authority as to the actual
progress of Redeveloper with respect to construction of the Project. Such reports shall include
actual expenditures incurred as described on Exhibit D.
(b) Any general contractor chosen by the Redeveloper shall be required to obtain and keep
in force at all times until completion of construction, policies of insurance including coverage for
contractors' general liability and completed operations and a penal bond as required by the Act or
as is otherwise required by law. The City, the Authority and the Redeveloper shall be named as
additional insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as
owner, shall be required to purchase and maintain property insurance upon the Project to the full
insurable value thereof. This insurance shall insure against the perils of fire and extended
coverage and shall include 'All Risk" insurance for physical loss or damage. The contractor with
respect to any specific contract or the Redeveloper shall also carry insurance on all stored
materials. The contractor or the Redeveloper, as the case may be, shall furnish the Authority and
the City with a Certificate of Insurance evidencing policies as required above. Such certificates
shall state that the insurance companies shall give the Authority prior written notice in the event
of cancellation of or material change in any of any of the policies.
(c) Notwithstanding any provision herein to the contrary, in the event Redeveloper has
not acquired fee simple title to the Redevelopment Project Area on or before December 1, 2015,
this Redevelopment Contract shall be null and void and of no force or effect effective as of the
date of execution hereof, and neither party shall have any liability or obligation to the other party
with respect hereto.
(d) The Redeveloper shall provide a payment and performance bond from a bond company
doing business in the state of Nebraska in the total amount of all Redevelopment Project Costs or
such other amount as shall be approved by the Authority. The City and Authority shall be named
as beneficiaries under such bond.
Section 4.02 Cost Certification & Disbursement of Note Proceeds.
Proceeds of the Note may be advanced and disbursed in the manner set forth below:
(a)There shall be submitted to the Authority a grant disbursement request (the
“Disbursement Request”), executed by the Director of the City’s Planning Department and an
authorized representative of the Redeveloper, (i) certifying that a portion of the Project has been
substantially completed and (ii) certifying the actual costs incurred by the Redeveloper in the
completion of such portion of the Project.
(b)If the costs requested for reimbursement under the Disbursement Request are
currently reimbursable under Exhibit D of this Redevelopment Contract and the Community
Redevelopment Law, the Authority shall evidence such allocation in writing and inform the owner
of the Note of any amounts allocated to the Note.
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(c)Upon notification from the Authority as described in Section 4.02(b), deposits to the
accounts in the Project Fund may be made from time to time from funds received by the Authority
from the owner of the Note (if other than the Redeveloper) in the amounts necessary to pay amounts
requested in properly completed, signed and approved written Disbursement Requests as described
herein. Such amounts shall be proceeds of the Note and the Treasurer of the Authority shall inform
the Registrar (as defined in the Note Resolution) in writing of the date and amount of such deposits.
At the option of the Redeveloper, if the Redeveloper is the owner of the Note, the Authority shall
make a grant to Redeveloper in the amount of the approved Disbursement Request; in such event,
the approved Disbursement Request amount shall offset funding of the Note. The Registrar shall
keep and maintain a record of the amounts deposited into the Project Fund from Note proceeds
pursuant to the terms of this Resolution as “Principal Amount Advanced” and shall enter the
aggregate principal amount then Outstanding as the “Cumulative Outstanding Principal Amount” on
its records maintained for the Note. The aggregate amount deposited into the Project Fund from
proceeds of the Note shall not exceed $272,788.
Section 4.03 No Discrimination.
Redeveloper agrees and covenants for itself its successors and assigns that it will not
discriminate against any person or group of persons on account of race, sex, color, religion,
national origin, ancestry, disability, marital status or receipt of public assistance in connection
with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the
construction of the Project, Redeveloper will not discriminate against any employee or applicant
for employment because of race, religion, sex, color, national origin, ancestry, disability, marital
status or receipt of public assistance. Redeveloper will comply with all applicable federal, state
and local laws related to the Project.
Section 4.04 Assignment or Conveyance.
This Redevelopment Contract shall not be assigned by the Redeveloper without the
written consent of the Authority. Such consent shall not be unreasonably withheld. Redeveloper
agrees that it shall not convey any Lot or any portion thereof or any structures thereon to any
person or entity that would be exempt from payment of real estate taxes, and that it will not make
application for any structure, or any portion thereof, to be taxed separately from the underlying
land of any Lot.
Section 4.50 Payment of Authority Costs.
Redeveloper shall pay to the Authority the following sums upon execution hereof:
a. $5000.00 for legal expenses of Authority
b. $1000.00for City administrative accounting of incremental tax payments.
c $600.00 for Authority administrative fees.
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ARTICLE V
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 5.01 Financing
Redeveloper shall pay all costs related to the redevelopment of the Redevelopment Project
Area and the Redevelopment Project Property which are in excess of the amounts paid from the
proceeds of the grant provided from the proceeds of the Indebtedness and granted to
Redeveloper. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts
associated with the Project.
ARTICLE VI
DEFAULT, REMEDIES; INDEMNIFICATION
Section 6.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VI, in the event of any failure to perform
or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto
or any successor to such party, such party, or successor, shall, upon written notice from the other,
proceed immediately to commence such actions as may be reasonably designed to cure or
remedy such failure to perform or breach which cure or remedy shall be accomplished within a
reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or
diligently pursued, or the failure to perform or breach shall not be cured or remedied within a
reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may
institute such proceedings as may be necessary or desirable to enforce its rights under this
Redevelopment Contract, including, but not limited to, proceedings to compel specific
performance by the party failing to perform or in breach of its obligations. The Redeveloper
hereby acknowledges and agrees that the Authority shall have completed its required
performances and satisfied all of its obligations under this Redevelopment Contract upon the
issuance of the Indebtedness and the subsequent payment of grant amounts to the Redeveloper as
set forth in Article III hereof and by complying with the obligations of all Redevelopment
Contract Amendments.
Section 6.02 Additional Remedies of Authority
In the event that (each such event an "event of default"):
(a)the Redeveloper, or its successor in interest, shall fail to commence the
construction of the improvements included in the Project Costs on or before December 1,
2015, or shall abandon construction work related to the Project Costs, once commenced,
for any period of 180 days, excepting delays caused by inclement weather,
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(b)the Redeveloper, shall fail to pay real estate taxes or assessments on the
Redevelopment Project Property owned by the Redeveloper or any part thereof when due;
and
(c)there is a violation of any other provision of this Redevelopment Contract,
and such failure or action by the Redeveloper has not been cured within 90 days following
written notice from Authority, then the Redeveloper shall be in default of this
Redevelopment Contract.
In the event of such failure to perform, breach or default occurs and is not cured in the
period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages
that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this
Redevelopment Contract, less any reductions in the principal amount of the Indebtedness, plus
interest on such amounts as provided herein (the "Liquidated Damages Amount"). Upon the
occurrence of an event of default, the Liquidated Damages Amount shall be paid by Redeveloper
to Authority within 30 days of demand from Authority given to the Redeveloper.
Interest shall accrue on the Liquidated Damages Amount at the rate of three percent (3%)
per annum and interest shall commence from the date that the Authority gives notice to the
Redeveloper demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Redevelopment Project
Property and the Project.
Redeveloper, on or before contracting for work included within the Project Costs, shall
furnish to the Authority copies of labor and materials payment bonds and performance bonds for
each contract entered into by Redeveloper related to Project Costs. Each such bond shall show
the Authority and the City as well as the Redeveloper as beneficiary of any such bond, as and to
the extent commercially obtainable (as determined in the discretion of the Authority). In
addition, the Redeveloper shall provide a penal bond with good and sufficient surety to be
approved by the Authority, conditioned that the Redeveloper shall at all times promptly make
payments of all amounts lawfully due to all persons supplying or furnishing to any contractor or
his or her subcontractors (for each contract entered into by Redeveloper related to Project Costs)
with labor or materials performed or used in the prosecution of the work provided for in such
contract, and will indemnify and save harmless the Authority to the extent of any payments in
connection with the carrying out of such contracts which the Authority may be required to make
under the law.
Section 6.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this Redevelopment
Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall
be in default. In such an instance, the Authority may seek to enforce the terms of this
Redevelopment Contract or exercise any other remedies that may be provided in this
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Redevelopment Contract or by applicable law; provided, however, that any defaults covered by
this Section shall not give rise to a right or rescission on termination of this Redevelopment
Contract, and shall not be covered by the Liquidated Damages Amount.
Section 6.04 Forced Delay Beyond Party's Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither the
Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation
of the Redevelopment Area or any part thereof for redevelopment, or the beginning and
completion of construction of the Project, or progress in respect thereto, in the event of forced
delay in the performance of such obligations due to unforeseeable causes beyond its control and
without its fault or negligence, including, but not restricted to, acts of God, or of the public
enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors
due to such causes; it being the purpose and intent of this provision that in the event of the
occurrence of any such forced delay, the time or times for performance of the obligations of the
Authority or of the Redeveloper with respect to construction of the Project, as the case may be,
shall be extended for the period of the forced delay: Provided, that the party seeking the benefit
of the provisions of this section shall, within thirty (30) days after the beginning of any such
forced delay, have first notified the other party thereto in writing, and of the cause or causes
thereof and requested an extension for the period of the forced delay.
Section 6.05 Limitations of Liability; Indemnification.
Notwithstanding anything in this Article VI or this Redevelopment Contract to the
contrary, neither the City, the Authority, nor their respective elected officials, officers, directors,
appointed officials, employees, attorneys, agents nor their governing bodies shall have any
pecuniary obligation or monetary liability under this Redevelopment Contract. The sole
obligation of the Authority under this Redevelopment Contract shall be the issuance of the
Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, and full
compliance with the terms specifically set forth Article III hereof and payment of TIF Revenues
pledged pursuant to the Resolution. The Redeveloper releases the City and Authority from,
agrees that neither the City nor Authority shall be liable for, and agrees to indemnify and hold
the City and Authority harmless from any liability for any loss or damage to property or any
injury to or death of any person that may be occasioned by any cause whatsoever pertaining to
the Project.
The Redeveloper will indemnify and hold each of the City and Authority and their
respective elected officials, directors, officers, appointed officials, attorneys, agents, employees
and members of their governing bodies free and harmless from any loss, claim, damage, demand,
tax, penalty, liability, disbursement, expense, excluding litigation expenses, attorneys' fees and
expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever
kind or character, to property (including loss of use thereof) or persons, occurring or allegedly
occurring in, on or about that portion of the Project owned by the Redeveloper, during the term
of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, related to
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activities of the Redeveloper or its agents during the construction of the public infrastructure or
public right of ways in the Project.
ARTICLE VII
MISCELLANEOUS
Section 7.01 Notice Recording.
This Redevelopment Contract or a notice memorandum of this Redevelopment Contract
may be recorded in the office of the Register of Deeds of Hall County, Nebraska.
Section 7.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of Nebraska,
including but not limited to the Act.
Section 7.03 Binding Effect: Amendment, Assignment.
This Redevelopment Contract shall be binding on the parties hereto and their respective
successors and assigns. The Redevelopment Contract shall not be amended except by a writing
signed by the party to be bound. The Redeveloper may assign its rights and obligations to a
controlled entity which shall be bound by all the terms hereof.
Section 7.04 Effective Date and Implementation of Redevelopment Contract.
This Agreement is in full force and effect from and after the date of execution hereof by
both the Redeveloper and the Authority.
Section 7.05 Notices to Parties.
Notices to Parties shall be mailed by U. S. Mail to the following addresses:
Redeveloper:
T&S Land Development, LLC
P.O. Box 2122
Grand Island, NE 68802
Authority and City:
Director
Grand Island Community Redevelopment Authority
Hall County Regional Planning Department
100 E 1st Street
P.O. Box 1968
Grand Island, NE 68802
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Section 7.05 Disclosure of Conflict of Interest.
Susan D. Pirnie is a member of the Community Redevelopment Authority board and also
has an ownership interest T&S Land Development, LLC. Susan D. Pirnie will benefit
financially from the terms of this Redevelopment Contract. The Community Redevelopment
Authority and the Public is hereby notified of such conflict. It is the intent of this disclosure that
Susan D. Pirnie abstains from any discussion on the Redevelopment Plan, this Redevelopment
Contract or any action related to the same.
IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment Contract as
of the date and year first above written.
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST:GRAND ISLAND, NEBRASKA
____________________________ By:________________________
Secretary Chairman
STATE OF NEBRASKA )
) SS
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of 2015, by
________________ and ________________, Chairman and Secretary, respectively, of the
Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the
Authority.
____________________________
Notary Public
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16 T & S Land Development, LLC - Contract
T&S LAND DEVELOPMENT, LLC
By:______________________
Manager
STATE OF NEBRASKA )
) SS
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of _____, 2015, by
__________________________, manager of T&S Land Development, LLC, on behalf of the
limited liability company.
________________________
Notary Public
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EXHIBIT A
DESCRIPTION OF REDEVELOPMENT AREA
Lot 7, Block 57, Original Town of Grand Island, Hall County, Nebraska.
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EXHIBIT B
REDEVELOPMENT PLAN
[Attach copy of Redevelopment Plan Amendment]
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EXHIBIT C
(FORM OF NOTE)
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
COMMUNITY REDEVELOPMENT AUTHORITY
OF THE CITY OF GRAND ISLAND, NEBRASKA
TAX INCREMENT DEVELOPMENT REVENUE NOTE
(T&S LAND REDEVELOPMENT PROJECT), SERIES 2015
No. R-1 Up to $272,788
(Subject to reduction as described herein)
Date of Date of Rate of
Original Issue Maturity Interest
December 31, 2030 0.0%
REGISTERED OWNER: T&S Land Development, LLC
PRINCIPAL AMOUNT: SEE SCHEDULE 1 ATTACHED HERETO
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE
NOTE SET FORTH ON THE FOLLOWING PAGES, WHICH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH AT
THIS PLACE.
IN WITNESS WHEREOF, THE COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA has caused this Note to
be signed by the manual signature of the Chairman of the Authority, countersigned by the
manual signature of the Secretary of the Authority, and the City’s corporate seal imprinted
hereon.
COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND
ISLAND, NEBRASKA
[S E A L]
By:
Chairman
By:
Secretary
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The COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF
GRAND ISLAND, NEBRASKA (the “Authority”) acknowledges itself indebted to, and for
value received hereby promises to pay, but solely from certain specified tax revenues and other
funds hereinafter specified, to the Registered Owner named above, or registered assigns, on the
Date of Maturity stated above (or earlier as hereinafter referred to), the Principal Amount on
Schedule 1 attached hereto upon presentation and surrender hereof at the office of the registrar
and paying agent herefor, the Treasurer of the City of Grand Island, Nebraska (the “Registrar”),
and in like manner to pay interest on the Cumulative Outstanding Principal Amount reflected in
Schedule 1 at the Rate of Interest stated above, calculated on the basis of a 360-day year
consisting of twelve, 30-day months, from the Date of Original Issue stated above, or the most
recent interest payment date to which interest has been paid or duly provided for, as specified
below, to maturity or earlier redemption, payable semiannually on June 1 and December 1 of
each year until payment in full of such Principal Amount, beginning June 1, 2017, by check or
draft mailed to the Registered Owner hereof as shown on the Note registration books maintained
by the Registrar on the 15th day of the month preceding the month in which the applicable
interest payment date occurs, at such Owner’s address as it appears on such Note registration
books. The principal of this Note and the interest hereon are payable in any coin or currency
which on the respective dates of payment thereof is legal tender for the payment of debts due the
United States of America.
This Note is issued by the Authority under the authority of and in full compliance with the
Constitution and statutes of the State of Nebraska, including particularly Article VIII, Section 12 of
the Nebraska Constitution, Sections 18-2101 to 18-2153, inclusive, Reissue Revised Statutes of
Nebraska, as amended, and under and pursuant to Resolution No. ________ duly passed and
adopted by the Authority on __________2015, as from time to time amended and supplemented
(the “Resolution”).
THE PRINCIPAL AMOUNT OF THIS NOTE IS SET FORTH IN SCHEDULE 1
ATTACHED HERETO. THE MAXIMUM PRINCIPAL AMOUNT OF THIS NOTE IS
$272,788.
This Note is a special limited obligation of the Authority payable as to principal and
interest solely from and is secured solely by the Revenue (as defined in the Resolution) and certain
other money, funds and securities pledged under the Resolution, all on the terms and conditions set
forth in the Resolution. The Revenue represents that portion of ad valorem taxes levied by public
bodies of the State of Nebraska, including the City, on real property in the Project Area (as defined
in this Resolution) which is in excess of that portion of such ad valorem taxes produced by the levy
at the rate fixed each year by or for each such public body upon the valuation of the Project Area as
of a certain date and as has been certified by the County Assessor of Hall County, Nebraska to the
City in accordance with law.
Reference is hereby made to the Resolution for the provisions, among others, with respect
to the collection and disposition of certain tax and other revenues, the special funds charged with
and pledged to the payment of the principal of and interest on this Note, the nature and extent of
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21 T & S Land Development, LLC - Contract
the security thereby created, the terms and conditions under which this Note has been issued, the
rights and remedies of the Registered Owner of this Note, and the rights, duties, immunities and
obligations of the City and the Authority. By the acceptance of this Note, the Registered Owner
assents to all of the provisions of the Resolution.
The principal of and interest hereon shall not be payable from the general funds of the City
nor the Authority nor shall this Note constitute a legal or equitable pledge, charge, lien, security
interest or encumbrance upon any of the property or upon any of the income, receipts, or money
and securities of the City or the Authority or of any other party other than those specifically
pledged under the Resolution. This Note is not a debt of the City or the Authority within the
meaning of any constitutional, statutory or charter limitation upon the creation of general
obligation indebtedness of the City or the Authority, and does not impose any general liability
upon the City or the Authority and neither the City nor the Authority shall be liable for the
payment hereof out of any funds of the City or the Authority other than the Revenues and other
funds pledged under the Resolution, which Revenues and other funds have been and hereby are
pledged to the punctual payment of the principal of and interest on this Note in accordance with the
provisions of this Resolution.
The Registered Owner may from time to time enter the respective amounts advanced
pursuant to the terms of the Resolution under the column headed “Principal Amount Advanced” on
Schedule 1 hereto (the “Table”) and may enter the aggregate principal amount of this Note then
outstanding under the column headed “Cumulative Outstanding Principal Amount” on the Table.
On each date upon which a portion of the Cumulative Outstanding Principal Amount is paid to the
Registered Owner pursuant to the redemption provisions of the Resolution, the Registered Owner
may enter the principal amount paid on this Note under the column headed “Principal Amount
Redeemed” on the Table and may enter the then outstanding principal amount of this Note under
the column headed “Cumulative Outstanding Principal Amount” on the Table. Notwithstanding
the foregoing, the records maintained by the Trustee as to the principal amount issued and principal
amounts paid on this Note shall be the official records of the Cumulative Outstanding Principal
Amount of this Note for all purposes.
Reference is hereby made to the Resolution, a copy of which is on file in the office of the
City Clerk, and to all of the provisions of which each Owner of this Note by its acceptance hereof
hereby assents, for definitions of terms; the description of and the nature and extent of the security
for this Note; the Revenue and other money and securities pledged to the payment of the principal
of and interest on this Note; the nature and extent and manner of enforcement of the pledge; the
conditions upon which the Resolution may be amended or supplemented with or without the
consent of the Owner of this Note; the rights, duties and obligations of the Authority and the
Registrar thereunder; the terms and provisions upon which the liens, pledges, charges, trusts and
covenants made therein may be discharged at or prior to the maturity or redemption of this Note,
and this Note thereafter no longer be secured by the Resolution or be deemed to be outstanding
thereunder, if money or certain specified securities shall have been deposited with the Registrar
sufficient and held in trust solely for the payment hereof; and for the other terms and provisions
thereof.
This Note is subject to redemption prior to maturity, at the option of the Authority, in
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whole or in part at any time at a redemption price equal to 100% of the principal amount being
redeemed, plus accrued interest on such principal amount to the date fixed for redemption.
Reference is hereby made to the Resolution for a description of the redemption procedures and the
notice requirements pertaining thereto.
In the event this Note is called for prior redemption, notice of such redemption shall be
given by first-class mail to the Registered Owner hereof at its address as shown on the registration
books maintained by the Registrar not less than 10 days prior to the date fixed for redemption,
unless waived by the Registered Owner hereof. If this Note, or any portion thereof, shall have
been duly called for redemption and notice of such redemption duly given as provided, then upon
such redemption date the portion of this Note so redeemed shall become due and payable and if
money for the payment of the portion of the Note so redeemed and the accrued interest thereon to
the date fixed for redemption shall be held for the purpose of such payment by the Registrar,
interest shall cease to accrue and become payable hereon from and after the redemption date.
This Note is transferable by the Registered Owner hereof in person or by its attorney or
legal representative duly authorized in writing at the principal office of the Registrar, but only in
the manner, subject to the limitations and upon payment of the charges provided in the Resolution,
and upon surrender and cancellation of this Note. Upon such transfer, a new Note of the same
series and maturity and for the same principal amount will be issued to the transferee in exchange
therefor. The Authority and the Registrar may deem and treat the Registered Owner hereof as the
absolute owner hereof for the purpose of receiving payment of or on account of principal of and
interest due hereon and for all other purposes.
This Note is being issued as fully a registered Note without coupons. This Note is subject
to exchange as provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and things required to
have happened, to exist and to have been performed precedent to and in the issuance of this Note
have happened, do exist and have been performed in regular and due time, form and manner; that
this Note does not exceed any constitutional, statutory or charter limitation on indebtedness; and
that provision has been made for the payment of the principal of and interest on this Note as
provided in this Resolution.
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(FORM OF ASSIGNMENT)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
___________________________________________________________________________
Print or Type Name, Address and Social Security Number
or other Taxpayer Identification Number of Transferee
the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints
_______________ agent to transfer the within Note on the Note register kept by the Registrar for
the registration thereof, with full power of substitution in the premises.
Dated: ___________________________________________________
NOTICE: The signature to this Assignment
must correspond with the name of the
Registered Owner as it appears upon the
face of the within Note in every particular.
Signature Guaranteed By:
____________________________________
Name of Eligible Guarantor Institution as
defined by SEC Rule 17 Ad-15 (17 CFR
240.17 Ad-15)
By:________________________________
Title:_______________________________
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SCHEDULE 1
TABLE OF CUMULATIVE OUTSTANDING PRINCIPAL AMOUNT
COMMUNITY REDEVELOPMENT AUTHORITY OF
THE CITY OF GRAND ISLAND, NEBRASKA
T&S LAND REDEVELOPMENT PROJECT
TAX INCREMENT DEVELOPMENT REVENUE NOTE, SERIES 2015
Date
Principal
Amount
Advanced
Principal
Amount
Redeemed
Cumulative
Outstanding
Principal
Amount
Notation
Made
By
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25 T & S Land Development, LLC - Contract
Exhibit D
Project Costs
Redevelopment Project Costs
1. Rehabilitation expenditures $272,788.00
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City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-3
Public Hearing on Request to Rezone Property Located at 604 N.
Custer Avenue from R2 Low Density Residential to RO Residential
Office (Timothy Dunagan).
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Regional Planning Commission
Meeting:June 23, 2015
Subject:Rezone Properties from R2 Low Density Residential to
RO Residential Office Zone.
Item #’s:E-3 & F-2
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
A request to change zoning for property described as 604 N Custer Avenue (Lot 222 Part
of Lot 221 and Part of the Vacated 6th (Peterson) Street of Belmont Addition) in Grand
Island NE, from R2 Low Density Residential to RO Residential Office Zone.
An application has been made to rezone 0.15 acres west of Custer Avenue south of
Faidley Avenue and west of Custer Avenue, from R2 Low Density Residential to RO
Residential Office. Timothy Dunagan the owner of the chiropractic office immediately to
the north of this property has an interest in purchasing this property but wants to insure
that he can expand his business this direction should he need to.
Discussion
At the regular meeting of the Regional Planning Commission, held June 10, 2015 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained the rezone request and noted this was consistent
with the comprehensive plan.
O’Neill closed the Public Hearing.
A motion was made by Connick and was seconded by Heckman to
approve the Rezone from R2 – Low Density Residential to RO Residential
Office Zone.
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A roll call vote was taken and the motion passed with 9 members present and 9
voting in favor (Bredthauer, O’Neill, Ruge, Maurer, Connick, Heckman, Haskins,
Sears and Huismann) and no member abstaining.
The memo sent to the planning commission with staff recommendation is attached for
review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance and development plan as presented.
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Agenda Item #6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
May 6, 2015
SUBJECT:Zoning Change (C-14-2015GI)
PROPOSAL:An application has been made to rezone 0.15 acres west of Custer
Avenue south of Faidley Avenue and west of Custer Ave., from R2 Low Density
Residential to RO Residential Office. Timothy Dunagan the owner of the chiropractic
office immediately to the north of this property has an interest in purchasing this property
but wants to insure that he can expand his business this direction should he need to.
OVERVIEW:
Site Analysis
Current zoning designation:R2- Low Density Residential Zone
Permitted and conditional uses:R2: Agricultural uses, recreational uses,
churches, schools and residential uses at a
density of 7 units per acre
Comprehensive Plan Designation:Low to Medium Density Residential
Existing land uses.Single Family Home
Adjacent Properties Analysis
Current zoning designations:North and East: RO-Residential Office
South and North: R2-Low Density Residential
Permitted and conditional uses:RO- Agricultural uses, recreational uses, office and
prescription related retail and residential uses at
with no limit on density.
R2- Agricultural uses, recreational uses,
churches, schools and residential uses at a
density of 7 units per acre
Comprehensive Plan Designation:West: Parks and Recreation
East, South and North: Medium Density
Residential to Office use
Existing land uses:North: Chiropractors Office
East: Beauty Salon
South: Single Family
West: Park and Detention Cell
EVALUATION:
Positive Implications:
In general conformance with the City’s Comprehensive Land Use Plan: This
particular site is designated Medium Density Residential to Office uses within the
plan.
Grand Island Council Session - 6/23/2015 Page 83 / 267
Compatible with the adjacent development. This would allow expansion of the
chiropractors office located north of this site.
Negative Implications:
None Foreseen
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from R2-Low Density Residential Zone to RO-
Residential Office Zone.
___________________ Chad Nabity AICP, Planning Director
Grand Island Council Session - 6/23/2015 Page 84 / 267
Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan
Grand Island Council Session - 6/23/2015 Page 85 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-4
Public Hearing on Request to Rezone Property Located at 3344 W.
Wildwood Drive from B2 General Business and TA Transitional
Agriculture to B2 General Business (Robin Stauffer).
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 86 / 267
Council Agenda Memo
From:Regional Planning Commission
Meeting:June 23, 2015
Subject:Rezone Properties from B2 General Business Zone and
TA Transitional Agriculture to B2 General Business
Zone.
Item #’s:E-4 & F-3
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Rezone request for 3344 Wildwood Drive, Grand Island, a request to rezone property being
platted as Stauffer Subdivision an addition to the City of Grand Island and the adjoining
right of way, containing the east 902 feet and the south 400 feet of the E ½ of the SE ¼ of
Section 1, Township 10 N, Range 10 W of the 6th P.M. in Hall County Nebraska, located
at 3344 Wildwood Drive, from B2 General Business Zone and TA Transitional
Agriculture Zone to B2 General Business Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held June 10, 2015 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained the rezone request and noted this was consistent
with the comprehensive plan.
O’Neill closed the Public Hearing.
A motion was made by Haskins and seconded by Bredthauer to approve
the Rezone from B2 – General Business Zone and TA – Transitional
Agriculture Zone to B2 General Business Zone.
A roll call vote was taken and the motion passed with 9 members present and 9
voting in favor (Bredthauer, O’Neill, Ruge, Maurer, Sears, Connick, Heckman,
Haskins and Huismann) and no member abstaining.
Grand Island Council Session - 6/23/2015 Page 87 / 267
The memo sent to the planning commission with staff recommendation is attached for
review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance and development plan as presented.
Grand Island Council Session - 6/23/2015 Page 88 / 267
Grand Island Council Session - 6/23/2015 Page 89 / 267
Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
May 18, 2015
SUBJECT:Rezoning Request C-19-2015GI
PROPOSAL: To change the zoning for a tract of land in the SE ¼ of the SE
¼ of 29-11-09 from TA – Transitional Agriculture Zone to B2 - General
Business Zone. The subject property is located west U.S. Highway 281 and
north of Wildwood Road. A portion of this property already zoned to B2. All
of this property is within the Gateway Corridor Overlay Zone and no changes
are proposed to the overlay zone.
OVERVIEW:
Site Analysis
Current zoning designation:TA-Transitional Agriculture Zone
Permitted and conditional uses:TA: Small scale animal ag uses, field crop
and limited residential
Comprehensive Plan Designation: Manufacturing
Existing land uses:Irrigation Supply and Equipment Sales
Site constraints:none
Adjacent Properties Analysis
Current zoning designations:North and West: TA-Transitional Ag Zone
South and West: B2-General Business
Permitted and conditional uses:TA: Small Scale ag uses and limited
residential
B2: General Service, retail and wholesale
commercial uses including outdoor sales,
Billboards
Comprehensive Plan Designation: North: Manufacturing
South: Manufacturing
East: Manufacturing
West: Manufacturing
Existing land uses:North and West: Farm ground
East: 281 and Boys Town
South: Commercial Businesses
Grand Island Council Session - 6/23/2015 Page 90 / 267
Future Land Use Map 2004 Grand Island Comprehensive Plan
Grand Island Council Session - 6/23/2015 Page 91 / 267
EVALUATION:
The proposed rezoning is consistent with the comprehensive plan and the
surrounding land uses. This property is currently split between two zoning
districts the proposed change makes the zoning consistent across the
property
Positive Implications:
Consistent with intent of the City’s Comprehensive Plan: The City’s 2004
Comprehensive Plan has designated this site for manufacturing uses.
Compatible with adjacent land uses: The B2 zone is consistent with the
current zoning on surrounding properties.
Negative Implications:
No negative implications foreseen.
RECOMMENDATION:
That the Regional Planning Commission recommends that the Grand Island
City Council approve this request to amend the rezoning from TA Transitional
Agriculture to B2 General Business as presented.
___________________ Chad Nabity AICP, Planning Director
Grand Island Council Session - 6/23/2015 Page 92 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-5
Public Hearing on Acquisition of Utility Easement - 414 N. Eddy
Street - A & V Enterprise, LLC
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 93 / 267
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:June 23, 2015
Subject:Acquisition of Utility Easement – 414 N. Eddy – A & V
Enterprise, LLC
Item #’s:E-5 & G-5
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of A & V Enterprise, LLC, located through a part of Lot Two (2), Block Sixteen (16),
Rollins Addition (414 N. Eddy Street) to the City of Grand Island, Hall County, in order
to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers.
Discussion
This easement will be used for a pad-mounted transformer to provide additional power
for the strip mall at this location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Motion to approve acquisition of the Utility Easement.
Grand Island Council Session - 6/23/2015 Page 94 / 267
Grand Island Council Session - 6/23/2015 Page 95 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-6
Public Hearing on Acquisition of Utility Easement - 1002 N. Webb
Road - Raile Investments, LLC
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 96 / 267
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:June 23, 2015
Subject:Acquisition of Utility Easement – 1002 North Webb
Road - Raile Investments, LLC
Item #’s:E-6 & G-6
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Raile Investments, LLC, located through a part of Lot Eleven (11) Meadowlark West
Fourth Subdivision (1002 North Webb Road), in the City of Grand Island, Hall County,
in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers.
Discussion
This easement will be used to place a pad-mounted three phase transformer to provide
power to the new Feel Fit Fitness building.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Grand Island Council Session - 6/23/2015 Page 97 / 267
Grand Island Council Session - 6/23/2015 Page 98 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-7
Public Hearing on Acquisition of Utility Easement - 3004 Garland
Street - The Diamond Engineering Company
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 99 / 267
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:June 23, 2015
Subject:Acquisition of Utility Easement – 3004 Garland Street –
Diamond Engineering Company
Item #’s:E-7 & G-7
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of The Diamond Engineering Company, located north of Garland Street between Blaine
Street and the UPRR River Industrial Lead Right-of-Way (3004 Garland Street) in the
City of Grand Island, Hall County, in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used for a primary underground power line to feed a new Verizon
Cell Tower located at 3004 Garland Street.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Grand Island Council Session - 6/23/2015 Page 100 / 267
Grand Island Council Session - 6/23/2015 Page 101 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item E-8
Public Hearing on Acquisition of Utility Easement - 218 & 222 S.
Plum Street - Burtle Heating & Air Conditioning, Inc.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 102 / 267
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:June 23, 2015
Subject:Acquisition of Utility Easement – 218 & 222 S. Plum
Street – Burtle Heating & Air Conditioning
Item #’s:E-8 & G-8
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Burtle Heating & Air Conditioning, located through two tracts of land consisting of a
ten (10.0) foot wide Utility Easement and a three (3.0) foot wide Utility Easement located
in a part of Lot One (1) and Lot Two (2), of Burtle Subdivision (218 and 222 S. Plum
Street), in the City of Grand Island, Hall County, in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers.
Discussion
There is an overhead power line along the south side of the property adjacent to the alley,
but on private property. That line has been in place for over 50 years. There is another
line feeding toward the north that crosses this property to properties north of this. The
owner of the property wishes to have the proper paperwork in place so there are no
encumbrances on the title. The easements will be used to allow the Electric Utility to
continue the use without change or conflict.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Grand Island Council Session - 6/23/2015 Page 103 / 267
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
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Grand IslandCouncil Session - 6/23/2015Page 105 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item F-1
#9540 - Consideration of Creation of Water Main District 468 -
Lots Five (5) and Twelve (12) Garland Place (Stauss Road)
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 106 / 267
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:June 23, 2015
Subject:Consideration of Creation of Water Main District 468
Lots Five (5) and Twelve (12) Garland Place Subdivision
– Stauss Road – Ordinance #9540
Item #’s:F-1
Presenter(s):Timothy Luchsinger, Utilities Director
Background
A petition was received from the property owner of Lots Five (5) and Twelve (12)
Garland Place (at the west end of Stauss Road) requesting City water service. Please refer
to the attached drawing and area map for reference.
Discussion
The existing 8” diameter water main in Stauss Road ends on the east side of the area
requesting City service. The proposed extension of the water line will allow construction
of new residential housing. The remaining lots to the west of the proposed district are
currently being used as crop land.
Assessment districts are the Utility Department’s standard method for installing water
mains to areas requesting City service. Property owners within the district’s boundary are
notified that they have 30 days to submit an objection to the project. All eligible cost of
construction will be charged to the property owners within the respective district. The
assessments would be collected over a five year period, at 7% simple interest on the
unpaid balance.
Information was submitted to the Legal Department for preparation of the Ordinance to
define and create the water main district. The Ordinance and Map are attached.
Grand Island Council Session - 6/23/2015 Page 107 / 267
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 Ordinance #9540 creating
Water Main District #468 for Lots Five (5) and Twelve (12) in Garland Place at the end
of Stauss Road.
Sample Motion
Move to approve Ordinance #9540 creating Water Main District #468.
Grand Island Council Session - 6/23/2015 Page 108 / 267
UTILITIES DEPARTMENT
Grand Island Council Session - 6/23/2015 Page 109 / 267
Grand IslandCouncil Session - 6/23/2015Page 110 / 267
Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9540
An ordinance creating Water Main District No. 468 in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water
mains in said district; approving plans and specifications and securing bids; assessing the costs of
such improvements; providing for certification to the Register of Deeds; and providing the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 468 in the City of Grand Island, Hall County,
Nebraska, is hereby created for the laying of an eight (8) inch diameter water main with its
appurtenances along Stauss Road in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such water main district shall be more
particularly described as follows: all of Lot Five (5) and Lot Twelve (12) Garland Place a
subdivision in the City of Grand Island, Hall County, Nebraska being more particularly
described as: beginning at the northwest corner of said Lot Five (5); thence southerly to the
southwest corner of said Lot Twelve (12); thence easterly to the southeast corner of said Lot
This Space Reserved for Register of Deeds
Grand Island Council Session - 6/23/2015 Page 111 / 267
ORDINANCE NO. 9540 (Cont.)
-2-
Twelve (12); thence northerly to the northeast corner of said Lot Five (5); thence westerly to the
northwest corner of said Lot Five (5) being the said Point Of Beginning.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids
for the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. All improvements shall be made at public cost, but the cost thereof shall
be assessed upon the lots and lands in the district specially benefited thereby as provided by law.
SECTION 5. This ordinance shall be in force and take effect from and after its passage,
approval, and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of
the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, without the plat,
as provided by law.
Enacted: June 23, 2015.
___________________________________
Jeremy L. Jensen, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 112 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item F-2
#9541 - Consideration of Request to Rezone Property Located at
604 N. Custer Avenue from R2 Low Density Residential to RO
Residential Office (Timothy Dunagan)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 113 / 267
Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9541
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprised of: Lot
222 and Part of Lot 221 and Part of the Vacated 6th (Peterson) Street of Belmont Addition in
Grand Island, Hall County, Nebraska, from R2 Low Density Residential Zone to RO Residential
Office Zone; directing the such zoning change and classification be shown on the Official
Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on June 10, 2015, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on June 23, 2015, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from R2 Low Density Residential Zone to RO Residential Office Zone:
A tract of land comprised of Lot 222 and Part of Lot 221 and Part of the Vacated
6th (Peterson) Street of Belmont Addition in Grand Island, Hall County, Nebraska;
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
Grand Island Council Session - 6/23/2015 Page 114 / 267
ORDINANCE NO. 9541 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 23, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 115 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item F-3
#9542 - Consideration of Request to Rezone Property Located at
3344 W. Wildwood Drive from B2 General Business and TA
Transitional Agriculture to B2 General Business (Robin Stauffer)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 116 / 267
Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9542
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising a part of
the E ½ of the SE ¼ of Section 1 Township 10 north, Range 10 west of the 6th PM in Hall
County, Nebraska, from TA Transitional Agriculture Zone and B2 General Business to B2-
General Business; directing the such zoning change and classification be shown on the Official
Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on June 10, 2015, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on June 23, 2015, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from TA Transitional Agriculture Zone and B2 General Business Zone to B2 General
Business Zone:
A tract of land comprising a part of the East Half of the Southeast Quarter (E1/2SE1/4), of Section One (1), Township Ten (10) North, Range Ten
(10) West of the 6th. P.M., in Hall County, Nebraska, more particularly described as follows:
Beginning at the southeast corner of said East Half of the Southeast Quarter (E1/2SE1/4); thence running westerly on the south line of said East
Half of the Southeast Quarter (E1/2SE1/4), on an Assumed Bearing of S8753’32”W, a distance of Two Hundred Seventeen and Twenty Eight
Hundredths (217.28) feet, to a point on the westerly right of way line of U.S. Highway No. 281 and to the ACTUAL Point of Beginning; thence
continuing S8753’32”W, on the south line of said East Half of the Southeast Quarter (E1/2SE1/4), a distance of Six Hundred Eighty Five and
Ninety Eight Hundredths (685.98) feet; thence running N0056’57”E, a distance of Three Hundred Sixty and Six Hundredths (360.06) feet;
thence running N8753’32”E, a distance of Six Hundred Eighty Five and Ninety Seven Hundredths (685.97) feet, to a point on the westerly right
of way line of U.S. Highway No. 281: thence running S0056’54”W, on the westerly right of way line of U.S. Highway No. 281, a distance of
Three Hundred Sixty and Six Hundredths (360.06) feet, to the ACTUAL Point of Beginning and containing 5.662 acres more or less.
Grand Island Council Session - 6/23/2015 Page 117 / 267
ORDINANCE NO. 9542 (Cont.)
- 2 -
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 23, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 118 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item F-4
#9543 - Consideration of Assessments for Fence Removal from
Public Right of Way at 904 West Phoenix Avenue
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/23/2015 Page 119 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9543
An ordinance assessing and levying a special tax to pay the cost of fence removal
from the public right of way at 904 West Phoenix Avenue of the City of Grand Island, Nebraska;
providing for the collection of such special tax; repealing any provisions of the Grand Island City
Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and
the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of fence removal from
the public right of way at 904 West Phoenix Avenue, as adjudged by the Mayor and Council of
the City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
John J. & Shirley M. Pascoe Lot 1, Block 1, Glover’s Subdivision $500.00
City of Grand Island, Hall County, Nebraska
TOTAL $500.00
Grand Island Council Session - 6/23/2015 Page 120 / 267
ORDINANCE NO. 9543 (Cont.)
- 2 -
SECTION 2. The special tax shall become delinquent as follows: One-fifth of
the total amount shall become delinquent in ten days; one-fifth in one year; one-fifth in two
years; one-fifth in three years; one-fifth in four years respectively, after the date of such levy;
provided, however, the entire amount so assessed and levied against any lot, tract or parcel of
land may be paid within ten days from the date of this levy without interest, and the lien of
special tax thereby satisfied and released. Each of said installments, except the first, shall draw
interest at the rate of not exceeding seven percent (7.0%) per annum from the time of such levy
until they shall become delinquent. After the same become delinquent, interest at the rate of
three-fourths of one percent per month shall be paid thereon as in the case of other special taxes,
until the same is collected and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 23, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 121 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item F-5
#9544 - Consideration of Annexation of Property being Platted as
Stauffer Subdivision located at the Northwest Corner of Wildwood
Drive and U.S. Highway 281 (First Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 122 / 267
Council Agenda Memo
From:Regional Planning Commission
Meeting:June 23, 2015
Subject:An Ordinance to include Stauffer Subdivision as an
Addition to the City of Grand Island, Nebraska and the
Adjoining Right-of -Way
Item #’s:F-5
Presenter(s):Chad Nabity, AICP Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that any and all property subdivided adjacent to the Corporate Limit of the City of
Grand Island be annexed into the City at the time of subdivision approval.
The Mitchell H. Stauffer Revocable Trust as the owners of the property, submitted
Stuaffer Subdivision as an Addition to the City of Grand Island. The Hall County
Regional Planning Commission recommended approval of the subdivision at their
meeting on June 10, 2015.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117. Annexation ordinances must be read on three separate occasions. This is
the first reading of the ordinance. This ordinance includes exhibits showing the property
to be considered for annexation and the legal descriptions of that property.
Annexation of this property will not result in the extension of the Grand Island Zoning
Jurisdiction.
No new residences or businesses will be added to the City as a result of this annexation.
The existing business on the site was annexed by the City in 2002. This is an extension of
the annexation to include all of the property in Stauffer Subdivision.
Grand Island Council Session - 6/23/2015 Page 123 / 267
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on first reading.
Grand Island Council Session - 6/23/2015 Page 124 / 267
Grand Island Council Session - 6/23/2015 Page 125 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
ORDINANCE NO. 9544
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Stauffer
Subdivision and the adjoining Right-Of-Way for Wildwood Road in Hall County, Nebraska as
more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide
service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
WHEREAS, Mitchell H. Stauffer Revocable Trust, as owner of the property submitted a
plat of Stauffer Subdivision an Addition to the City of Grand Island for approval; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island requires that owners of property proposed for subdivision
adjacent to the Corporate Limits submit such subdivisions as additions to the City; and
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 6/23/2015 Page 126 / 267
ORDINANCE NO. 9544 (Cont.)
- 2 -
WHEREAS, a portion of this property was annexed by Grand Island City Council
in 2002 and this annexation conforms to the new property lines created as a result of this
subdivision; and
WHEREAS, on June 23, 2015 the City Council of the City of Grand Island
considered such additional annexation:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
Grand Island Council Session - 6/23/2015 Page 127 / 267
ORDINANCE NO. 9544 (Cont.)
- 3 -
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Grand Island Council Session - 6/23/2015 Page 128 / 267
ORDINANCE NO. 9544 (Cont.)
- 4 -
Enacted: June 23, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 129 / 267
ORDINANCE NO. 9544 (Cont.)
- 5 -
Grand Island Council Session - 6/23/2015 Page 130 / 267
ORDINANCE NO. 9544 (Cont.)
- 6 -
Exhibit “A”
A tract of land comprising a part of the East Half of the Southeast Quarter
(E1/2SE1/4), of Section One (1), Township Ten (10) North, Range Ten (10) West
of the 6th. P.M., in Hall County, Nebraska, more particularly described as follows:
Beginning at the southeast corner of said East Half of the Southeast Quarter
(E1/2SE1/4); thence running westerly on the south line of said East Half of the
Southeast Quarter (E1/2SE1/4), on an Assumed Bearing of S8753’32”W, a
distance of Two Hundred Seventeen and Twenty Eight Hundredths (217.28) feet,
to a point on the westerly right of way line of U.S. Highway No. 281 and to the
ACTUAL Point of Beginning; thence continuing S8753’32”W, on the south line of
said East Half of the Southeast Quarter (E1/2SE1/4), a distance of Six Hundred
Eighty Five and Ninety Eight Hundredths (685.98) feet; thence running
N0056’57”E, a distance of Three Hundred Sixty and Six Hundredths (360.06)
feet; thence running N8753’32”E, a distance of Six Hundred Eighty Five and
Ninety Seven Hundredths (685.97) feet, to a point on the westerly right of way line
of U.S. Highway No. 281: thence running S0056’54”W, on the westerly right of
way line of U.S. Highway No. 281, a distance of Three Hundred Sixty and Six
Hundredths (360.06) feet, to the ACTUAL Point of Beginning and containing 5.662
acres more or less.
Grand Island Council Session - 6/23/2015 Page 131 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-1
Receipt of Official Document – Tort Claim filed by Michael C.
Brewer
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/23/2015 Page 132 / 267
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 24, 2015
Subject:Receipt of Official Document – Tort Claim filed by
Michael C. Brewer
Item #’s:G-1
Presenter(s):RaNae Edwards, City Clerk
Background
The City of Grand Island has received a Notice of Tort Claim from Michael C. Brewer
alleging certain claims in connection with an incident at 1508 N. Lafayette Avenue
involving the City Utility Department which occurred on October 23, 2014.
Without getting into issues concerning the City’s and other parties’ liability, and whether
the claim of Michael C. Brewer is fair and reasonable, we are simply providing a copy of
this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act.
For a person to assert a tort claim against the City of Grand Island, a written notice of the
claim must be filed with the City Clerk, Secretary or other official responsible for
keeping official records. The claim must be filed within one year of the accrual of the
claim, and the Council has six months to act on the claim. No suit can be filed until after
the Council acts on the claim, or the six months has run.
Historically, the City of Grand Island has simply let the six months run. Not all claims
result in a suit being filed, so it makes good sense to not act affirmatively in many
instances. In any event, if you wish to look further into this claim, please contact the City
Attorney's office, and we will provide you with the information which we have in
connection with the claim. Our recommendation is to continue to take no affirmative
action on tort claims. It must be emphasized that by providing copies of alleged claims to
you, we are not making an admission or representation that a claim has been properly
filed in any respect. We also recommend that no comments concerning a particular claim
be made during Council meetings, unless you decide to bring the matter on for formal
consideration. Even then, we ask that comments be carefully considered so that the legal
rights of all parties are preserved.
Grand Island Council Session - 6/23/2015 Page 133 / 267
Discussion
This is not an item for council action other than to simply acknowledge that the claim has
been received.
Recommendation
City Administration recommends that the Council take no action other than acknowledge
receipt of the claim.
Sample Motion
Move to approve acknowledgement of the Tort Claim filed by Michael C. Brewer.
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City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-2
Approving Minutes of June 9, 2015 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/23/2015 Page 137 / 267
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 9, 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 June 9, 2015. Notice of the meeting was given in The Grand Island Independent on
June 3, 2015.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council
members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke,
Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. 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 Rene Lopez, Iglesia de Dios, 2325 West State Street
followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARING:
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). Regional
Planning Director Chad Nabity reported that Chief Industries, Inc. had commissioned a Blighted
and Substandard Study for approximately 116 acres referred to as Husker Highway
Redevelopment Area 17. This property is located at the southwest corner of U.S. Highway 281
and Husker Highway in southwest Grand Island. Staff recommended approval.
The following people spoke in support:
Cindy Johnson, Chamber of Commerce
Jay Vavricek, 2729 Brentwood Blvd.
Brad Mellema, Convention & Visitors Bureau
Pat O’Neill, 1516 South Gunbarrel Road
Dave Taylor, Economic Development Corporation
Tom Huston, Lincoln, NE, Attorney for Chief Industries
Lewis Kent, 624 Meves Avenue
No further public testimony was heard.
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:
Grand Island Council Session - 6/23/2015 Page 138 / 267
Page 2, City Council Regular Meeting, June 9, 2015
#9539 – Consideration of Amending Chapter 22 of the Grand Island City Code Relative
to Window Stickers
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.
City Attorney Bob Sivick reported that current City Code 22-25(3) does not allow any stickers,
signs, or any other material other than that required by law in the windows of motor vehicles. It
was recommended that City Code 22-25(3) be changed to reflect state statute language.
The following people spoke in support:
Mark Porto, 123 No. Locust Street
Robert Alexander, 661 Faidley Court
Paul Wicht, 1708 Jerry Drive
Debra Gregory, 4159 W. Faidley Avenue
Lewis Kent, 624 Meves Avenue spoke in opposition.
Comments were made regarding the number of sticker’s currently on vehicle windows and that
people did not know they were illegal. Also mentioned was the inconsistency of state statutes
with reference to the Grand Island City Code.
Motion by Steele, second by Hehnke to approve Ordinance #9539.
City Clerk: Ordinance #9539 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9539 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, all voted
aye. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9539 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-6 (Resolution #2015-143) was removed for
further discussion. Motion by Paulick, second by Jones to approve the Consent Agenda. Upon
roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 26, 2015 City Council Regular Meeting.
Approving Appointment of Jackie Bowen to the Downtown Business Improvement District 2013
Board.
Grand Island Council Session - 6/23/2015 Page 139 / 267
Page 3, City Council Regular Meeting, June 9, 2015
Approving Request for Liquor Manager Designation for Tyra Love, 211 South Sycamore Street
with Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue, Suite L.
Approving Request for Liquor Manager Designation for Jack Bailey, 3100 West 2nd Street with
Smoker Friendly/T & D Liquors, 802 West 2nd Street.
#2015-142 - Approving Contract Renewal with Environmental Systems Research Institute
(ESRI) for Geographic Information System (GIS) in an Amount of $105,000 to be paid in three
annual installments.
#2015-143 - Approving Power Purchase Agreement with Invenergy for the Prairie Breeze III
Project. Utilities Director Tim Luchsinger reported that 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 had 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.
Mentioned was the time sensitive nature of this item.
Motion by Haase, second by Nickerson to approve Resolution #2015-143. Upon roll call vote,
Councilmembers Paulick, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and
Nickerson voted aye. Councilmember Steele voted no. Motion adopted.
#2015-144 - Approving Agreement Supplemental No. 1 for Construction Engineering Services
for Capital Avenue Widening – Webb Road to Broadwell Avenue with Olsson Associates of
Grand Island, NE for a Fixed-Fee-For-Profit of $69,440.92 and up to a Maximum Amount of
$533,401.18.
#2015-145 - Approving Time Extension to the Contract for Sanitary Sewer District No. 528 and
No. 530T with Van Kirk Brothers Contracting of Sutton, NE to June 10, 2015.
#2015-146 - Approving Bid Award for the 2015 Asphalt Resurfacing Project No. 2015-AC-1
with J.I.L. Asphalt Paving Co. of Grand Island, NE in an Amount of $955,830.76.
#2015-147 - Approving Agreement with Nebraska Department of Roads for Asphalt Resurfacing
Project No. 2015-AC-1.
#2015-148 - Approving Revision to One Year Street Improvement Plan.
Grand Island Council Session - 6/23/2015 Page 140 / 267
Page 4, City Council Regular Meeting, June 9, 2015
#2015-149 - Approving Agreement with NDOR for the Grand Island Area Metropolitan
Planning Organization (GIAMPO) for the 2016 Fiscal Year’s Transportation Planning Program
with Local Funds not to exceed $99,403.25.
RESOLUTIONS:
#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. Discussion
was held regarding the Tax Increment Financing (TIF) funding for this property and revenue this
developed area would bring into the City in the future. Comments were made concerning the
development along Highway 281 to the interstate. Mentioned was that this property meets the
requirements for a Blighted and Substandard designation and that Chief Industries was a local
company. Reviewed were the definitions of substandard and blighted with relation to this 116
acres.
Motion by Nickerson, second by Donaldson to approve Resolution #2015-150. Upon roll call
vote, all voted aye. Motion adopted.
#2015-151 - Consideration of FTE Amendment for the Wastewater Division of the Public Works
Department. Public Works Director John Collins reported that with the current updates taking
place at the Wastewater Division he was recommending the deletion of (1) FTE Maintenance
Mechanic II and the addition of (1) FTE Laboratory Technician. Council complimented the
Wastewater Division regarding the operations and changes made.
Motion by Donaldson, second by Haase to approve Resolution #2015-151. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Fitzke, second by Hehnke to approve the Claims for the period of May 27, 2015
through June 9, 2015, for a total amount of $3,424,324.98. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:51 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/23/2015 Page 141 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-3
Approving Preliminary Plat for Starlite Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 142 / 267
Council Agenda Memo
From: Regional Planning Commission
Meeting: June 23, 2015
Subject: Starlite Subdivision - Preliminary Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located south of State Street and north of 13th Street, in the City of Grand
Island, in Hall County, Nebraska consisting of 69.346 acres (2 Lots).
Discussion
The Preliminary plat for Starlite Subdivision was considered by the Regional Planning Commission at the June 10, 2015 meeting.
A motion was made by Ruge and seconded by Bredthauer to approve the plat as
presented.
A roll call vote was taken and the motion passed with 9 members present and voting in favor (O’Neill, Ruge, Connick, Sears, Maurer, Huismann, Heckman, Haskins and
Bredthauer) and no members abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may: 1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Grand Island Council Session - 6/23/2015 Page 143 / 267
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Grand Island Council Session - 6/23/2015 Page 145 / 267
Rick Johnson Developer/Owners
Rick Johnson PO Box 1664
Grand Island NE 68802
To create 2 lots located south of State Street and north of 13th Street and determine the
location of proposed street for future development in the City of Grand Island, in Hall County, Nebraska. Size: 69.346 acres
Zoning: R4 – High Density Residential Zone
Road Access: City roads will be available Water Public: City water is available Sewer Public: City sewer is available.
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Grand Island Council Session - 6/23/2015 Page 147 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-4
#2015-152 - Approving Final Plat and Subdivision Agreement for
Landell Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 148 / 267
Council Agenda Memo
From: Regional Planning Commission
Meeting: June 23, 2015
Subject: Landell Subdivision – Final Plat
Item #’s: G-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Capital Avenue and west of Gunbarrel Road in the 2
mile extra territorial jurisdiction of the City of Grand Island, in Hall County, Nebraska
consisting of (1 Lot) and 3.002 acres.
Discussion
The plat for Landell Subdivision was considered by the Regional Planning Commission at the June 10, 2015 meeting.
A motion was made by Ruge and seconded by Bredthauer to approve the plat as
presented. A roll call vote was taken and the motion passed with 9 members present and voting in
favor (O’Neill, Ruge, Connick, Sears, Maurer, Huismann, Heckman, Haskins and
Bredthauer) and no members abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date 4. Take no action on the issue
Grand Island Council Session - 6/23/2015 Page 149 / 267
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Grand Island Council Session - 6/23/2015 Page 151 / 267
Richard Landell Developer/Owner
Richard Landell 12079 S McGuire Rd
Shelton NE 68876
To create 1 lot located north of Capital Avenue and west of Gunbarrel Road, in the 2 mile
extra territorial jurisdiction of the City of Grand Island, in Hall County, Nebraska.
Size: 3.002 acres
Zoning: M1 – Light Manufacturing Road Access: City Roads Water Public: City water is available.
Sewer Public: City sewer is not available.
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Grand Island Council Session - 6/23/2015 Page 153 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-152
WHEREAS, Richard Landell and Kim Landell, husband and wife, being the said
owners of the land described in the legal description hereon, have filed an application for
approval of the final plat of Landell Subdivision, a tract of land comprising a part of the South
Half of the Southeast Quarter (S1/2 SE1/4) Section One (1), Township Eleven (1) North Range
Nine (9), West of the 6th P.M. in Hall County, Nebraska, and has caused a plat thereof to be
acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of LANDELL SUBDIVISION,
as made out, acknowledged, and certified, is hereby approved by the City Council of the City of
Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 154 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-5
#2015-153 - Approving Acquisition of Utility Easement - 414 N.
Eddy Street - A & V Enterprise, LLC
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 155 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-153
WHEREAS, a public utility easement is required by the City of Grand Island
from A & V Enterprise, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on June 23, 2015 for the purpose of
discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand
Island, Hall County, Nebraska; and more particularly described as follows:
The southerly twenty (20.0) feet of the westerly twenty (20.0) feet of Lot Two (2),
Block Sixteen (16), Rollins Addition to the City of Grand Island, Hall County,
Nebraska.
The above-described easement and right-of-way containing 400 square feet, more or
less, as shown on the plat dated 6/3/2015, marked Exhibit “A” attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from A & V Enterprise, LLC, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska June 23, 2015.
_____________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 156 / 267
Grand Island Council Session - 6/23/2015 Page 157 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-6
#2015-154 - Approving Acquisition of Utility Easement - 1002 N.
Webb Road - Raile Investments, Inc.
This item relates to the aforementioned Public Hearing item E-6.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 158 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-154
WHEREAS, a public utility easement is required by the City of Grand Island
from Raile Investments, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on June 23, 2015 for the purpose of
discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand
Island, Hall County, Nebraska; and more particularly described as follows:
The northerly twelve (12.0) feet of the westerly sixteen (16.0) feet of Lot Eleven
(11), Meadowlark West Fourth Subdivision, in the City of Grand Island, Hall
County, Nebraska.
The above-described easement and right-of-way containing a total of 192 square
feet, more or less, as shown on the plat dated 5/28/2015, marked Exhibit "A",
attached hereto and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from Raile Investments, LLC, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska June 23, 2015.
_________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 159 / 267
Grand Island Council Session - 6/23/2015 Page 160 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-7
#2015-155 - Approving Acquisition of Utility Easement - 3004
Garland Street - The Diamond Engineering Company
This item relates to the aforementioned Public Hearing item E-7.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 161 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-155
WHEREAS, a public utility easement is required by the City of Grand Island
from The Diamond Engineering Company, to survey, construct, inspect, maintain, repair,
replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances,
including lines and transformers; and;
WHEREAS, a public hearing was held on June 23, 2015 for the purpose of
discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand
Island, Hall County, Nebraska; and more particularly described as follows:
TRACT 1
The centerline of a twenty (20.0) foot wide utility easement and right-a-way tract
being more particularly described as follows: Commencing at the southwest corner
of Lot Four (4), Aqualand Subdivision in the City of Grand Island, Hall County,
Nebraska; thence southerly, along the easterly right-of-way line of the Union Pacific
Rail Road River Industrial Lead, a distance of one hundred seventy and two
hundredths (170.02) feet; thence easterly and one hundred seventy (170.0) feet
southerly and parallel with the southerly line of said Lot Four (4) and its easterly
extension, a distance of one thousand two hundred seventeen and four tenths
(1,217.4) feet more or less, to a point of termination on the westerly right-or-way line
of Blaine Street.
TRACT 2
The westerly seven (7.0) feet of the northerly one hundred sixty (160.0) feet of Lot
Eleven (11), Riverside Farm Subdivision, in the City of Grand Island, Hall County,
Nebraska.
The above-described easement and right-of-way tracts containing a combined total
of 0.58 acres, more or less, as shown on the plat dated 6/9/2015, marked Exhibit "A",
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from The Diamond Engineering
Company, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska June 23, 2015.
_________________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 162 / 267
Grand Island Council Session - 6/23/2015 Page 163 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-8
#2015-156 - Approving Acquisition of Utility Easement - 218 and
222 S. Plum Street - Burtle Heating & Air Conditioning, Inc.
This item relates to the aforementioned Public Hearing item E-8.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 164 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-156
WHEREAS, a public utility easement is required by the City of Grand Island
from Burtle Heating & Air Conditioning, Inc., to survey, construct, inspect, maintain, repair,
replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances,
including lines and transformers; and;
WHEREAS, a public hearing was held on June 23, 2015 for the purpose of
discussing the proposed acquisition of a Ten (10.0) foot wide and a Three (3.0) foot wide utility
easement located in the City of Grand Island, Hall County, Nebraska; and more particularly
described as follows:
Ten (10.0) foot wide Utility Easement:
Beginning at the southwest corner of said Lot Two (2); thence running northerly on an
Assumed Bearing of N00o05’10”W, a distance of Three (3.00) feet, to the ACTUAL
Point of Beginning; thence continuing N00o05’10”W a distance of Seventy Five (75.00)
feet to a point on the northwesterly line of said Lot One (1) and to the Point of
Termination, said tract containing 0.017 Acres (749.84 sq. ft.) more or less.
Three (3.0) foot wide Utility Easement:
A tract of land comprising the southerly Three (3.00) feet of Lots One (1) and Two (2),
Burtle Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract
containing 0.019 Acres (837.50 sq. ft.) , more or less.
The above-described easements and rights-of-way containing a combined total of .036
acres, more or less, as shown on the plat dated 6/9/2015, marked Exhibit “A” attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement on two tracts of land from Burtle
Heating & Air Conditioning, Inc., on the above-described tracts.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska June 23, 2015.
___________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 165 / 267
Grand IslandCouncil Session - 6/23/2015Page 166 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-9
#2015-157 - Approving Change Order #4 (Contract Language
Only) with AMEC for the Air Quality Control System
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/23/2015 Page 167 / 267
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:June 23, 2015
Subject:Air Quality Control System at Platte Generating Station –
Contract Language Change AMEC – Change Order #4
Item #’s:G-9
Presenter(s):Timothy Luchsinger, Utilities Director
Background
On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS),
requiring the maximum achievable control technology for mercury and other hazardous
pollutants from electric generating units, with a compliance date of March 2015, although
an additional one year for compliance may be granted by individual states. The City of
Grand Island hired Kiewit Engineering to study the best options available to meet the
MATS requirements. Kiewit developed a specification for an Engineering Procurement
Contract (EPC) and it was publicly bid.
On January 8, 2013, Council approved and the City of Grand Island entered in to an
Engineering Procurement Contract with AMEC of Tucker, Georgia, to install a scrubber,
baghouse, and mercury removal system at the Platte Generating Station for
$41,189,331.00. Replacing the switchgear cabinets and breakers, adding structural steel,
and adding the water treatment system brought the total modified Contract to
$43,010,551.37.
Discussion
During the commissioning of the Air Quality Control System details of the coal specified
to do the test, and operational procedures used while conducting the test were not specific
in the original Exhibits B & C of the contract. The contractor requested that these details
be added to the Exhibits of the contract with a no cost change order.
To avoid having to purchase a special coal to run the performance test, the current coal
that has been purchased with a lower Sulfur Dioxide content will be used to run the test.
To use this coal, the calculations used to determine the amount of lime and water used to
remove Sulfur Dioxide needed to be adjusted.
Grand Island Council Session - 6/23/2015 Page 168 / 267
The lower amount of lime when the unit is operated at low loads has a potential for the
lime particles to fall out of the solution, so a minimum flow rate for the lime slurry was
recommend during low loads.
These changes were reviewed by Kiewit Engineering, and verified not to affect the
operational guarantees of the original contract. The total for this change order is $0.00 for
a total contract to remain at $43,010,551.37.
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 authorizing Change Order #4 to the Air Quality Control
System at Platte Generating Station modifying Exhibits B and C for a no cost change to
the contract.
Sample Motion
Move to approve Change Order #4 with AMEC in the amount of $0.00 for the Air
Quality Control System at Platte Generating Station.
Grand Island Council Session - 6/23/2015 Page 169 / 267
TO:AMEC Kamtech, Inc.
1979 Lakeside Parkway, Suite 400
Tucker, GA 30084
770-688-2500
PROJECT:AQCS-Equipment Purchase and Construction
You are hereby directed to make the following change in your contract:
1 Additional payment per the attached spreadsheet.
ADD:
The original Contract Sum $41,189,331.00
Previous Change Order Amounts 1,821,220.37$
The Contract Sum is increased by this Change Order -$
The Contract Sum is decreased by this Change Order $
The total modified Contract Sum to date 43,010,551.37$
Approval and acceptance of this Change Order acknowledges understanding and agreement that the
cost and time adjustments included represent the complete values arising out of and/or incidental to the
work described therein.
APPROVED:CITY OF GRAND ISLAND
By:_________________________________Date ________________________
Attest: ___________________________________________________________
Approved as to Form, City Attorney
ACCEPTED:AMEC Kamtech, Inc.
By: _________________________________Date _________________________
$0.00
Change Order #4
June 11, 2015
Grand Island Council Session - 6/23/2015 Page 170 / 267
City of Grand Island
Utilities Department
General Work Contract - Change Order
June 11, 2015Change Order #4
TO:AMEC Kamtech, Inc.
1979 Lakeside Parkway, Suite 400
Tucker, GA 30084
770-688-2500
PROJECT:AQCS-Equipment Purchase and Construction
Contract:$43,010,551.37
Change Description Amount
001 Added details to Exhibit B & C to provide specific details of the $0.00
002 coal for testing during commissioning of the AQCS and operational
003 procedures used.
004 Contractor requested addition - no additional cost to contract
005
006
007
008
009
010
011
012
013
014
015
TOTAL CHANGE ORDER $0.00
Grand Island Council Session - 6/23/2015 Page 171 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-157
WHEREAS, AMEC of Tucker, Georgia, was awarded the contract for Air Quality
Control System (AQCS) at Platte Generating Station, at the January 8, 2013 City Council
meeting; and
WHEAREAS, during the commissioning of the Air Quality Control System,
details of the coal specified to do the test and operational procedures used while conducting the
test were not specific in the original Exhibits B & C of the contract; and
WHEREAS, the contractor requested that these details be added to the Exhibits of
the contract with a no cost change order; and
WHEREAS, these changes were reviewed by Kiewit Engineering, and verified
not to affect the operational guarantees of the original contract, so the total change order is $0.00
for a total contract to remain at $43,010,551.37.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #4 with AMEC of
Tucker, Georgia, resulting in no additional cost, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 172 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-10
#2015-158 - Approving Quality Control Testing for the 2015
Asphalt Resurfacing Project No. 2015-AC-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/23/2015 Page 173 / 267
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 23, 2015
Subject:Approving Quality Control Testing for the 2015 Asphalt
Resurfacing Project No. 2015-AC-1
Item #’s:G-10
Presenter(s):John Collins PW, Public Works Director
Background
On June 9, 2015, by Resolution No. 2015-146, City Council approved the bid award of
the 2015 Asphalt Resurfacing Project No. 2015-AC-1 to J.I.L. Asphalt Paving Co. of
Grand Island, Nebraska in the amount of $955,730.76. 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 - 6/23/2015 Page 174 / 267
Discussion
In order to ensure the City is getting the best result on this annual project quality control
testing is consistently performed. In the past quotes have been obtained from area firms
that perform the necessary testing and up to this point those quotes have been below the
$20,000 council approval threshold. This year’s quotes are shown below.
Firm Total Quote
GSI Engineering of Grand Island, NE $27,438.00
Alfred Benesh and Co. of Lincoln, NE $29,950.00
Mid-State Engineering & Testing, Inc. of Kearney, NE No longer perform testing
Olsson Associates of Grand Island, NE Declined
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 the 2015-AC-1
Asphalt Resurfacing Project Quality Control Testing to GSI Engineering of Grand Island,
Nebraska in the amount of $27,438.00.
Sample Motion
Move to approve the award.
Grand Island Council Session - 6/23/2015 Page 175 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-158
WHEREAS, the City of Grand Island sought informal quotes from four (4) firms
for Asphalt Resurfacing Project No. 2015-AC-1 Quality Control Testing; and
WHEREAS, two (2) firms responded by providing quotes and two (2) declined;
and
WHEREAS, GSI Engineering of Grand Island, Nebraska submitted a quote in
accordance with the terms of the bids and plans and specifications and all other statutory
requirements contained therein, such quote being in the amount of $27,438.00; and
WHEREAS, funds are available in the Fiscal Year 2014/2015 budget for such
testing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of GSI Engineering of
Grand Island, Nebraska in the amount of $27,438.00 for Asphalt Resurfacing Project No. 2015-
AC-1 Quality Control Testing is hereby approved as the lowest responsible quote.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 176 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-11
#2015-159 - Approving Agreement Amendment No. 2 with Olsson
Associates for Professional Services Related to the Extension of
Sanitary Sewer System in Wildwood Subdivision (District No. 528)
and from Wildwood Subdivision to Interstate 80 (District No.
530T)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/23/2015 Page 177 / 267
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 23, 2015
Subject:Approving Agreement Amendment No. 1 with Olsson
Associates for Professional Services Related to the
Extension of Sanitary Sewer System in Wildwood
Subdivision (District No. 528) and from Wildwood
Subdivision to Interstate 80 (District No. 530T)
Item #’s:G-11
Presenter(s):John Collins PE, Public Works Director
Background
On August 14, 2012, by Resolution No. 2012-206, City Council approved an agreement
in the amount of $235,150.00 with Olsson Associates of Grand Island, Nebraska for
engineering consulting services for the extension of Grand Island’s public sanitary sewer
system in Wildwood Subdivision (District No. 528) and from Wildwood Subdivision to
Interstate 80 (District No. 530T).
On February 11, 2014, by Resolution No. 2014-24, City Council approved Agreement
Amendment No. 1 in the amount of $267,035.00 with Olsson Associates for engineering
consulting services related the Sewer Improvement District (SID) on both the north and
south side of Interstate 80.
The scope of this agreement entails coordination with the Nebraska Department of
Environmental Quality (NDEQ) regarding the State Revolving Funds (SRF), easement
acquisition, geotechnical investigation, sanitary sewer design, project permitting, bid
phase services, construction observation, construction administration services, and
project close-out for the sanitary sewer extension.
Discussion
Several factors have delayed completion of the project; including inclement weather,
problems with dewatering, unforeseen obstructions and subcontractor construction
problems that have hindered the contractor’s ability to reach the contract deadline.
Grand Island Council Session - 6/23/2015 Page 178 / 267
On February 10, 2015, by Resolution No. 2015-38, City Council approved a contract
completion extension for Van Kirk Brothers Contracting from June 15, 2015 to July 27,
2015 for Sanitary Sewer District No. 528. Completion of Sanitary Sewer District No.
530T was extended from March 15, 2015 to April 24, 2015 with this same council action.
On June 9, 2015, by Resolution No. 2015-145, City Council approved an additional
contract completion extension for Sanitary Sewer District No. 530T from April 24, 2015
to June 10, 2015.
The contract completion extensions on both sanitary sewer districts have resulted in
additional work for Olsson Associates, thus resulting in Amendment No. 2 to the original
agreement, in the amount of $40,000.00 for a revised agreement amount of $542,185.00.
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 Agreement Amendment No. 2
with Olsson Associates of Grand Island, Nebraska and pass a Resolution authorizing the
Mayor to sign the agreement, for a total amount of $40,000.00.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/23/2015 Page 179 / 267
Grand Island Council Session - 6/23/2015 Page 180 / 267
Grand Island Council Session - 6/23/2015 Page 181 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-159
WHEREAS, on August 14, 2012, by Resolution No. 2012-206 Grand Island City
Council approved engineering consulting services with Olsson Associates of Grand Island,
Nebraska for the extension of Grand Island’s public sanitary sewer system in Wildwood
Subdivision (District No. 528) and from Wildwood Subdivision to Interstate 80 (District No.
530T) in the amount of $235,150.00; and
WHEREAS, on February 11, 2014, by Resolution No. 2014-24 Grand Island City
Council approved Agreement Amendment No. 1 in the amount of $267,035.00, to the original
agreement with Olsson Associates to include further coordination with NDEQ for the SRF
funding, as well as easement acquisition, geotechnical investigation, demolition of two existing
private wastewater package plants and lift stations, design of two City of Grand Island standard
lift stations, sanitary sewer force main design, project permitting, bid phase services,
construction administration services, construction observation, and project closeout for the SID
force main portion of the sanitary sewer extension to Interstate 80; and
WHEREAS, it is necessary to compensate Olsson Associates for their work in
connection with the contract completion extensions on both Sanitary Sewer District No. 528 and
Sanitary Sewer District No. 530T; and
WHEREAS, the cost of such additional work is $40,000.00, resulting in a revised
agreement of $542,185.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement Amendment No. 2
between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for
engineering consulting services for the extension of Grand Island’s public sanitary sewer system
in Wildwood Subdivision (District No. 528) and from Wildwood Subdivision to Interstate 80
(District No. 530T) is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 182 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-12
#2015-160 - Approving Change Order No. 3 for North Interceptor
Phase II; Project No. 2013-S-4
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/23/2015 Page 183 / 267
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 23, 2015
Subject:Approving Change Order No. 3 for North Interceptor Phase II;
Project No. 2013-S-4
Item #’s:G-12
Presenter(s):John Collins PE, Public Works Director
Background
Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City,
Missouri have jointly developed multi-year replacement planning stages for the City of Grand
Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor,
entitled the “North Interceptor” will replace aged force main sanitary sewer, reduce or eliminate
current sewer pumping station(s), provide additional capacity for existing, and enable new services
to areas in and around Grand Island.
The new North Interceptor gravity sewer interceptor route was developed to incorporate and
partner with other utilities for the Capital Avenue Widening Project and the new Headworks
Pumping Station Project at the Wastewater Treatment Plant.
A phased approach of constructing the North Interceptor was developed as follows:
Phase I - Wastewater Treatment Plant to 7th Street / Skypark Road (nearing final
closeout)
Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue
Phase II (Part B) - Broadwell Avenue to Webb Road
Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19)
Phase II Part B reached substantial completion on April 15, 2015. Phase II (Part A) is underway,
and a large portion of Phase II (Part C) has been completed. The lift station abandonments (Bid
Sections D, E, G, H and I) will follow the completion of Phase II.
On September 9, 2014, Resolution No. 2014-284, City Council awarded, Project 2013-S-4,
North Interceptor Phase II to S.J. Louis Construction, Inc. of Rockville, Minnesota, in the
amount of $21,479,537.50.
Grand Island Council Session - 6/23/2015 Page 184 / 267
City Council approved Resolution No. 2015-39 on February 10, 2015, which established new
unit prices for installed storm and sanitary sewers which are embedded with native sand material
in lieu of the imported granular embedment specified in the contract documents. The potential
savings is anticipated to be around $300,000 where native sand is thought to be suitable and may
be used for up to 20,795 feet of pipe.
On March 23, 2015, by Resolution No. 2015-74, City Council approved Change Order No. 2
which changed the methodology of the trenchless crossing from micro tunneling to a direct
jacked tunnel using a tunnel boring machine, resulting in a decreased unit price. Two (2)
locations were suggested for this change; Broadwell Avenue at Capital Avenue and Webb
Road/Northwest Crossings property at Capital Avenue. An overall contract deduction of
$210,003.48 was achieved, resulting in a revised contract amount of $21,269,534.02.
Discussion
Public Works Administration is requesting Change Order No. 3 for North Interceptor Phase II;
Project No. 2013-S-4. First, Part 1 of Change Order No. 3 allows for compensation due to
unknown and unplanned restraint at the existing 18” waterline that crosses Capital Avenue just
east of Webb Road. Next, Part 2 of Change Order No. 3 would approve additional storm sewer
work near St. Paul Road as needed to fill in a portion of the utility ditch and provide access to the
new manhole. Finally, Part 3 of Change Order No. 3 finalizes the As-Built quantities for Phase
II (Part B).
Even with this change, we are still $153,462.60 below the original contract amount. Parts 1,2,
and 3 of this change order result in a an increase of $56,540.88, which results in an adjusted
contract amount of $21,326,074.90.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 3 with S.J. Louis
Construction, Inc. of Rockville, Minnesota, for North Interceptor Phase II, Project 2013-S-4.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 6/23/2015 Page 185 / 267
6/12/2015 CO3-1
CITY OF GRAND ISLAND, NEBRASKA
NORTH INTERCEPTOR – PHASE 2
_______________
CITY PROJECT 2013-S-4
BLACK & VEATCH PROJECT NO. 175144
OLSSON ASSOCIATES PROJECT NO. 011-2347
_______________
CHANGE ORDER NO. 3
Change Order No. 3 covers items CO3-1 through CO3-4. This change order covers the costs for
restraining an existing 18” water main in Capital Avenue (Bid Section B), additional storm sewer
work near St. Paul Avenue (Bid Section A), and rectifies the final installed quantities for Bid
Section B.
Item CO3-1. Restrain Existing 18” Waterline in Capital Avenue (Bid Section B)
Initiated by: Contractor
While exposing an existing 18" watermain at STA 256+40 in Bid Section B, SJ Louis found it to
be lower and closer to Capital Avenue than originally shown on the plans. This resulted in the 45
degree bend, which was unrestrained, being exposed by the sanitary sewer trench. After
contacting the City Utility Department, it was decided that no more excavation could occur until
the line was properly restrained. This change covers the time and materials cost for restraining
this existing waterline. Attachment 1 includes a detailed breakdown of these costs.
Item CO3-2. Additional Storm Sewer Work Near St. Paul Road (Bid Section A)
Initiated by: Owner
This change involves installing approximately 350 feet of new 84-inch diameter CMP storm
sewer in the drainage ditch west of St. Paul Road, and filling the drainage ditch with fill material.
The storm sewer work also includes an area inlet, a concrete collar to connect to the existing 84-
inch sewer on the east end, and a new concrete head wall on the west end. This change was
made to provide the City access to the new sanitary sewer manhole MH-14A.
Attachment 2 includes a figure of these changes and a cost breakdown.
Grand Island Council Session - 6/23/2015 Page 186 / 267
6/12/2015 CO3-2
Item CO3-3. Adjust MH Quantities to Accommodate Storm Sewer Work Near St. Paul Road
(Bid Section A)
Initiated by: Owner
Item CO3-2 also involves changing manhole MH-14A from a cast-in-place concrete manhole to
a 72-inch diameter fiberglass manhole. Table CO3-1 indicates these quantity changes to the Bid
Section A Bid Form utilizing a strikethrough for deletion of the original quantity followed by the
new quantity in bold font.
Table CO3-2 includes the cost differentials associated with these quantity changes.
Item CO3-4. Finalize As-Built Quantities in Bid Section B
Initiated by: Not Applicable – Agreed upon installed quantities between Owner, Engineer, and
Contractor
This change involves modifying the bid form for ‘as constructed’ quantities as calculated at
Bid Section B completion and in accordance with what will be submitted on the final pay
application. This change also extends the dates for both substantial and final completion of Bid
Section B to April 15, 2015.
Table CO3-3 indicates these changes utilizing a strikethrough for deletion of the original
quantity followed by the installed quantity in bold font. Only changed quantities are given in
Table CO3-3. Table CO3-4 located in Attachment 3 to this change order includes the cost
differentials associated with these quantity changes.
Item Description Quantity Unit Unit Cost Total Cost
4 Manholes and Structures
4.4 72-Inch Diameter Outside Drop Manhole (Sanitary Sewer, FRP)1
2 Each
4.10 Additional Depth, 72-Inch Diameter Standard Manhole (Sanitary Sewer, FRP); Standard
and Drop
41.71
47.52 Each
4.25 Cast-in-Place Concrete Manholes
5
4 Each
TABLE CO3-1
MODIFICATIONS TO UNIT PRICE SCHEDULE FOR BID SECTION A
Item Description - BID SECTION A Bid
Quantity New Quantity Unit Unit Cost
Total Bid
Cost
Total Constructed
Cost Differential
4 Manholes and Structures
4.4 72-Inch Diameter Outside Drop Manhole (Sanitary Sewer, FRP) 1 2 Each $19,000.00 $19,000.00 $38,000.00 $19,000.00
4.10 Additional Depth, 72-Inch Diameter Manhole (Sanitary Sewer, FRP); Standard and Drop 41.71 47.52 VF $950.00 $39,624.50 $45,144.00 $5,519.50
4.25 Cast in Place Concrete Manholes 5 4 Each $80,000.00 $400,000.00 $320,000.00 -$80,000.00
-$55,480.50Total Differential for New Quantities on Bid Section A
TABLE CO3-2
COST DIFFERENTIALS FOR CHANGES TO BID SECTION A BID FROM
Grand Island Council Session - 6/23/2015 Page 187 / 267
6/12/2015 CO3-3
Item Description Quantity Unit Unit Cost Total Cost
2 Sanitary Sewer Pipe
2.3 6-inch Sanitary Sewer
40
0 LF
2.3_CO1 6-inch Sanitary Sewer Native Bedding
0
57 LF
2.6 12-inch Sanitary Sewer
60
0 LF
2.6_CO1 12-inch Sanitary Sewer Native Bedding
0
60 LF
2.7 15-inch Sanitary Sewer
20
0 LF
2.7_CO1 15-inch Sanitary Sewer Native Bedding
0
20 LF
2.8 18-inch Sanitary Sewer
20
0 LF
2.8_CO1 18-inch Sanitary Sewer Native Bedding
0
20 LF
2.9 21-inch Sanitary Sewer
20
0 LF
2.9_CO1 21-inch Sanitary Sewer Native Bedding
0
20 LF
2.15 48-inch Sanitary Sewer
5080
2974 LF
2.15_CO1 48-inch Sanitary Sewer Native Bedding
0
2106 LF
3 Storm Sewer Pipe and Open Drainage Channels
3.2 Remove 15-inch Reinforced Concrete Storm Sewer
30
28 LF
3.8 Remove 48-inch Reinforced Concrete Storm Sewer
30
0 LF
3.11 15-Inch Reinforced Concrete Storm Sewer
30
0 LF
3.11_CO1 15-Inch Reinforced Concrete Storm Sewer Native Bedding 0
28 LF
3.17 48-Inch Reinforced Concrete Storm Sewer
30
0 LF
4 Manholes and Structures
4.2 92-Inch Diameter Standard Manhole (Sanitary Sewer, FRP)3
2 Each
6 Roadway, Concrete Drive and Sidewalk Construction
6.6 Remove 8-Inch Asphalt Pavement
164
255 SY
6.8 Place 4-Inch Concrete Sidewalk
19
0 SY
6.11 Place 6-Inch Concrete Pavement
617
0 SY
6.13 Place 6-Inch Asphalt Pavement
5
255 SY
6.14 Place 8-Inch Asphalt Pavement
164
0 SY
7 Property Rehabilitation and Landscape
7.3 Lawn Sod Application
0.18
0 Acre
7.4 Lawn Seed and Mulch Application
11.2
0.18 Acre
TABLE CO3-3
MODIFICATIONS TO UNIT PRICE SCHEDULE FOR BID SECTION B
Grand Island Council Session - 6/23/2015 Page 188 / 267
6/12/2015 CO3-4
CITY OF GRAND ISLAND, NEBRASKA
NORTH INTERCEPTOR – PHASE 2
_______________
CITY PROJECT 2013-S-4
BLACK & VEATCH PROJECT NO. 175144
OLSSON ASSOCIATES PROJECT NO. 011-2347
_______________
SUMMARY
CHANGE ORDER NO. 3
The Contract Price shall be modified as follows as a result of the changes described by this
modification request. Additions to the Contract Price are indicated by a “+” in front of the
amount, deductions by a “-“.
Effect on Contract Price
Item Description
Increase/Decrease
In Contract
Price
(+/-)
CO3-1 Restrain Existing 18” Waterline in Capital Avenue +$9,935.88
CO3-2 Additional Storm Sewer Work Near St. Paul Road +$219,800.00
CO3-3 Adjust MH Quantities to Accommodate Storm Sewer Work
Near St. Paul
-$55,480.50
CO3-4 Finalize As-Built Quantities in Bid Section B -$117,714.50
NET CHANGE IN CONTRACT PRICE +$56,540.88
BID AMOUNT OF ORIGINAL CONTRACT $21,479,537.50
PREVIOUS CHANGE ORDER ADJUSTMENTS -$210,003.48
CURRENT CONTRACT AMOUNT $21,269,534.02
CHANGE ORDER NO. 3 +$56,540.88
ADJUSTED CONTRACT AMOUNT
$21,326,074.90
Grand Island Council Session - 6/23/2015 Page 189 / 267
6/12/2015 CO3-5
Effect on Contract Time
-- Substantial Completion for Original Contract (Bid
Section B) March 1, 2015
-- Final Completion for Original Contract (Bid Section B) March 31, 2015
-- Substantial Completion for Original Contract (Bid
Sections A-C) June 1, 2016
-- Final Completion for Original Contract (Bid Sections A-
C) June 30, 2016
-- Substantial Completion for Original Contract (Bid
Sections D-I) June 1, 2017
-- Final Completion for Original Contract (Bid Sections D-
I) June 30, 2017
CO3-1 No additional time given for Contract
CO3-2 No additional time given for Contract
CO3-3 No additional time given for Contract
CO3-4 Contract Time Extension for Substantial Completion for
Bid Section B, Calendar Days (Date) 45 (April 15, 2015)
CO3-4 Contract Time Extension for Final Completion for Bid
Section B, Calendar Days (Date) 15 (April 15, 2015)
No additional claims shall be made for changes in Contract Time arising from these work items.
This change order includes all costs, direct, indirect, and consequential, and all changes in
Contract Time arising from the work included in the items for Change Order No.3. No
additional claims shall be made for changes in Contract Price or Contract Time arising from
these work items.
All other provisions of the contract remain unchanged.
Agreed to this _______ day of _______________, 2015
Recommended: Approved:
Black & Veatch Corporation City of Grand Island
By:_______________________________ By:_____________________________
Date:_____________________________ Date:____________________________
Approved:
S.J. Louis Construction, Inc.
By:_______________________________
Date:____________________________
Approved as to Form
June , 2015 City Attorney
Grand Island Council Session - 6/23/2015 Page 190 / 267
Approved as to Form ¤ ___________
September 10, 2013 ¤ City Attorney
R E S O L U T I O N 2015-160
WHEREAS, On September 9, 2014, by Resolution No. 2014-284, City Council
awarded, Project 2013-S-4, North Interceptor Phase II to S.J. Louis Construction, Inc. of
Rockville, Minnesota, in the amount of $21,479,537.50; and
WHEREAS, on February 10, 2015, by Resolution No. 2015-39, City Council
approved Change Order No. 1, which established new unit prices for installed storm and sanitary
sewers which are embedded with native sand material in lieu of the imported granular
embedment specified in the contract documents; and
WHEREAS, on March 24, 2015, by Resolution No. 2015-74, City Council
approved Change Order No. 2, which changed the methodology of the trenchless crossing from
micro tunneling to a direct jacked tunnel using a tunnel boring machine at both Broadwell
Avenue/Capital Avenue and Webb Road/Northwest Crossings property at Capital Avenue and
resulted in a deduction of $210,003.48, for a revised contract amount of $21,269,534.02; and
WHEREAS, Change Order No. 3 allows for payment in order to restrain the
existing 18” waterline as part of Phase II (Section B), additional storm sewer and utility ditch
work near St. Paul Road, and finalization of As-Built quantities in Phase II (Section B).
WHEREAS, an overall net change of the contract amount will be an increase of
$56,540.88, which results in an adjusted contract amount of $21,326,074.90.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with Change
Order No. 3 with S.J. Louis Construction, Inc. of Rockville, Minnesota is hereby approved; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such Change Order No. 3, North Interceptor Phase II, Project 2013-S-4 on behalf of
the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 191 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item G-13
#2015-161 - Approving Interlocal Cooperation Agreement for the
City/County Geographic Information System
Staff Contact: Robert Sivick
Grand Island Council Session - 6/23/2015 Page 192 / 267
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:June 23, 2015
Subject:Consideration of Approving Interlocal Cooperation
Agreement for City/County GIS System
Item #’s:G-13
Presenter(s): Robert J. Sivick, City Attorney
Background
On December 16, 1996 the Grand Island City Council approved Resolution 1996-349
which made the City of Grand Island a party to an Interlocal Cooperation Agreement
with Hall County for a joint City/County Geographic Information System (GIS). This
City/County partnership has been successful.
Discussion
The Resolution before you for consideration this evening extends the term of the
aforementioned Interlocal Agreement for an additional ten (10) years. The terms of the
Agreement remain largely the same with the City and County equally sharing the cost of
the GIS and allowing either party to terminate the Agreement by providing ninety (90)
days written notice.
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.
3.Postpone the issue to future date.
4.Take no action on the issue.
Grand Island Council Session - 6/23/2015 Page 193 / 267
Recommendation
The City Administration recommends approval of Resolution 2015-161.
Sample Motion
Move to approve.
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Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-161
WHEREAS, on December 10, 1996 the Grand Island City Council approved
Resolution 1996-349 which made the City of Grand Island a party with Hall County to an
Interlocal Cooperation Agreement for a joint City/County Geographic Information System
(GIS); and
WHEREAS, the City’s partnership with the County for a joint GIS has been a
success and should continue for at least another ten years,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is authorized to execute on
behalf of the City an Interlocal Cooperation Agreement with Hall County extending the present
joint City/County GIS for a period of ten years.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
ATTEST:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 199 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item H-1
Consideration of Forwarding Blighted and Substandard Area #18
– Middleton Electric to the Hall County Regional Planning
Commission
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 200 / 267
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:June 23, 2015
Subject:Proposed Blighted and Substandard Area #18
Item #’s:H-1
Presenter(s):Chad Nabity, Director Grand Island CRA
Background
Enclosed you will find a copy of a Substandard and Blight Study as prepared for
Middleton Electric by Marvin Planning Consultants. This study is for approximately
114.65 acres of property in west central Grand Island located between Webb Road on the
west, Blaine Street and Custer Avenue on the east, U.S. Highway 30 on the north and 2nd
Street on the south The study as prepared and submitted indicates that this property could
be considered substandard and blighted. The full study is attached for your review and
consideration.
Middleton Electric has submitted this study for the review and consideration of the Grand
Island City Council as permitted by Nebraska law. Middleton Electric owns property in
this area and would proceed with further development of the property if the area can be
declared blighted and substandard. The decision on whether to declare an area
substandard and blighted is entirely within the jurisdiction of the City Council with a
recommendation from the Planning Commission.
The question before Council will be whether to send the Study to the Planning
Commission for their review and feedback. If the item is not sent to the Planning
Commission the Council cannot declare the area substandard and blighted. Planning
Commission will meet on July 1 and would have a recommendation ready following that
meeting.
Once an area has been declared substandard and blighted the CRA can accept
redevelopment proposals for the area that might or might not include an application for
Tax Increment Financing. Should this be approved you can anticipate that Middleton
Electric and others will submit an application for TIF to assist with the costs associated
with fully developing this property.
Grand Island Council Session - 6/23/2015 Page 201 / 267
Discussion
The action item tonight relate to the Study for proposed CRA Area No. 18 in west central
Grand Island as shown below. The study was prepared for 114.65 acres, all of which are
in the Grand Island City Limits
Robert Sivick, City Attorney has reviewed the Nebraska Statutes and case law pertaining
to the declaration of property as blighted and substandard. His comments on this
application are as follows:
The statutory procedures for accomplishing blight relief include
the following steps: (1) the identification of a community
redevelopment area consisting of portions of a city declared to be
substandard or blighted in accordance with statutory definitions
and in need of redevelopment, (2) the formulation of a
redevelopment plan for such area or a redevelopment project
within such area, and (3) the implementation of the redevelopment
plan through various means including acquisition, sale, leasing,
and contracting for redevelopment. Nebraska Revised State
Statutes (NRSS) 18-2103, 18-2107, and 18-2109.
Under this statutory scheme, the governing body shall afford
maximum opportunity consistent with the sound needs of the city
Grand Island Council Session - 6/23/2015 Page 202 / 267
as a whole to the rehabilitation or redevelopment of the community
redevelopment area by private enterprise. A private development
project would be eligible for tax increment financing only if it is
included within an area which has previously been declared
blighted or substandard and is in furtherance of an existing
redevelopment plan for that area. The declaration of property as
blighted or substandard is not simply a formality which must be
met in order to assist a private developer with tax increment
financing; it is the recognition of a specific public purpose which
justifies the expenditure of public funds for redevelopment. See
Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33,
277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998)
At this point, Council is only considering point 1 of Mr. Sivick’s opinion. According to
NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to
review the Blight Study prior to Council declaring the property substandard and blighted.
If Council wishes to consider a declaration of substandard and blight, State Statute
requires that the question of whether an area is substandard and blighted is submitted to
the Planning Commission for its review and recommendation.
The Planning Commission recommendation should be done at the first available
opportunity, as the Planning Commission has 30 days to respond to Council’s request for
a recommendation.
Blighted Area of the Community
The city of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of June 15, 2015,
19.18% of the City has been declared blighted and substandard. Area 18 would add
another 0.60% bringing the total area declared to 19.78%. The CRA commissioned a
study of the Veteran’s Home property (Proposed Area 16) that covered 530 acres and
would if approved add 2.77% to the total declared blighted and substandard. If both areas
were to be approved and there are no changes in the city limits or areas declared blighted
and substandard 22.55% of the city would be declared blighted and substandard.
It does not appear that the declaration of Area 18 would significantly impact the City’s
ability to declare other areas substandard and blighted.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to forward the Study to the Planning Commission for their
recommendation.
Grand Island Council Session - 6/23/2015 Page 203 / 267
2.Move to not forward the Study to the Planning Commission for their
recommendation
3.Refer the issue to a Committee
4.Postpone the issue to future date
5.Take no action on the issue
Recommendation
City Administration recommends that the Council Move to forward the Study to the
Planning Commission if Council wishes to consider the use of Tax Increment
Financing as a redevelopment tool for this property.
Sample Motion
Move to approve forwarding the Study to the Planning Commission for their review
and recommendation.
Grand Island Council Session - 6/23/2015 Page 204 / 267
Grand Island, Nebraska
Blight and Substandard Study - Area 18
Completed on behalf of: Middleton Electric
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Grand Island Council Session - 6/23/2015 Page 206 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within a specific part of Grand Island. This study has been commissioned by the Middleton
Electric in order to analyze the possibility of declaring the area as blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking
at those issues and definitions provided for in the Nebraska Community Redevelopment Law as
found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum
opportunity, consistent with sound needs of the city as a whole, to the rehabilitation
or redevelopment of the community redevelopment area by private enterprises. The
governing body of a city shall give consideration to this objective in exercising its
powers under sections 18-2101 to 18-2144, including the formulation of a workable
program, the approval of community redevelopment plans consistent with the
general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and
occupancy of buildings and improvements, the disposition of any property acquired,
and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas,
or to undertake such of the aforesaid activities or other feasible municipal activities
as may be suitably employed to achieve the objectives of such workable program.
Such workable program may include, without limitation, provision for the prevention
of the spread of blight into areas of the municipality which are free from blight
through diligent enforcement of housing, zoning, and occupancy controls and
standards; the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion, providing parks, playgrounds,
and other public improvements by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or deteriorating structures;
and the clearance and redevelopment of substandard and blighted areas or
portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility,
or usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
improper subdivision or obsolete platting, or the existence of conditions which
Grand Island Council Session - 6/23/2015 Page 207 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 2
endanger life or property by fire and other causes, or any combination of such
factors, substantially impairs or arrests the sound growth of the community, retards
the provision of housing accommodations, or constitutes an economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present
condition and use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
state or national average; (ii) the average age of the residential or commercial units
in the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the
area is lower than the average per capita income of the city or 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 shall not designate an area larger than one
hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community
Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City
Council the basis for identifying and declaring Blighted and Substandard conditions existing
within the City’s jurisdiction. Through this process, the City and property owners will be
attempting to address economic and/or social liabilities which are harmful to the well-being of
the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this
report will contain, in accordance with the law, definite local objectives regarding appropriate
land uses, improved traffic, public transportation, public utilities and other public improvements,
and the proposed land uses and building requirements in the redevelopment area and shall
include:
The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this area include industrial,
commercial, and public uses. The portion of the study containing the public uses contains the
Hall County Highway Department Shop. This area represents an older industrial area within
Grand Island.
Through the redevelopment process the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF US HIGHWAY 30 AND S WEBB
ROAD; THENCE EASTERLY ALONG SAID CENTERLINE OF US HIGHWAY 30 TO THE INTERSECTION WITH
THE CENTERLINE OF N BLAINE STREET AND BEING THE COMMON POINT OF THE ELEVATED POINT ON
US HIGHWAY 30; THENCE SOUTHERLY ALONG SAID CENTERLINE OF BLAINE STREET TO THE
INTERESECTION WITH THE CENTERLINE OF W 2ND STREET; THENCE WESTERLY ALONG SAID
CENTERLINE OF W 2ND STREET TO THE INTERSECTION WITH THE CENTERLINE OF S WEBB ROAD;
THENCE NORTHERLY TO THE POINT OF BEGINNING.
Figure 1
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 3
Study Area Map
Source: Marvin Planning Consultants 2015
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community, and
produce a number of impacts either benefitting or detracting from the community. Because of
this, the short and long-term success and sustainability of the community is directly contingent
upon available resources utilized in the best manner given the constraints the City faces during
the course of the planning period. Existing patterns of land use are often fixed in older
communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas compared
to the total developed land; and finally, the third set of data compare the all land uses to the
total area within the Study Area.
The Study Area is predominately industrial and commercial. Industrial ground makes up 41.3% of
the developed area and 40.7% of the total study area. Commercial land made up 19.6% of the
total study area. Transportation related uses are 33.0% of the developed area and 32.5% of the
total study area; a large portion of the transportation land use is the Union Pacific Main Line.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2015
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 4
Type of Use Acres Percent of
Developed land
within the Study
Area
Percent of
Study Area
Residential 0 0.0%0.0%
Single-family 0 0.0%0.0%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 22.46 19.9%19.6%
Industrial 46.64 41.3%40.7%
Quasi-Public/Public 6.69 5.9%5.8%
Parks/Recreation 0 0.0%0.0%
Transportation 37.25 33.0%32.5%
Total Developed Land 113.04 100.0%
Vacant/Agriculture 1.61 1.4%
Total Area 114.65 100.0% Source: 2015 Grand Island Blight Study Area 18, Marvin Planning Consultants
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants, 2015
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 5
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the study examines the conditions found in the study area. The Findings Section
will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There were a number of conditions examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the
statutory conditions are not present.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of 51 primary structures. After researching the structural age
on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
28 (54.9%) units were determined to be 40 years of age or older
23 (45.1%) units were determined to be less than 40 years in age
The age of the structures would be a direct contributing factor.
Figure 3
Unit Age Map
Source: Marvin Planning Consultants, 2015
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 6
Structural Conditions
Structural conditions were evaluated, structures were either rated as: Very Good, Good,
Average, or badly worn. The data and rating system comes from the Hall County Assessor’s
database and is the same database used to value properties in the area. The buildings located
on railroad right-of-way and the Hall County Yard were evaluated by the planning team.
Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
5 ( 7.8% ) structures rated as very good
15 (23.4%) structures rated as good
32 (50.0%) structures rated as average
12 (18.75%) structure rated as badly worn
Based upon these data, an assumption has been made that average condition and less would
constitute less than desirable conditions due to age and conditions. It is common that the older
a structure gets the more maintenance and upkeep are required in order to maintain a good or
higher condition. Even an average structure will show some signs of deteriorating which in turn
can become a dilapidated structure in the future if it is not addressed over time.
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structure is a contributing factor.
Figure 4
Structural Conditions
Source: Marvin Planning Consultants, 2015
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 7
Deterioration of Site or Other Improvements
Sidewalk Conditions
Sidewalks, regardless of the area and uses within a community, should provide a safe means of
movement for pedestrians. Sidewalks become increasingly more important along transportation
routes considered to be arterials and highways. A sidewalk allows for pedestrian movement
while keeping people off of heavily traveled streets.
The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four
categories; adequate, deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 19,950 lineal feet of area where sidewalk could or
should be located. After reviewing the conditions in the field, the following is how the sidewalk
conditions breakdown within the study area:
180 (0.9%) lineal feet of adequate sidewalk
0 (0.0%) lineal feet of deteriorating sidewalk
19,750 (99.1%) lineal feet of no sidewalk.
There are almost no sidewalks present within the study area accessible to pedestrian traffic.
Considering the uses along Webb Road, Old Highway 30, Blaine Street and 2nd Street there
should be sidewalk in place. The only place sidewalk exists is in front of the car wash along the
service road along US Highway 30.
In addition to the missing sidewalk indicated in Figure 5, there are other locations where sidewalk
is missing, specifically along US Highways 30. These areas are included in the totals, but city and
state policies are not to encourage walking and biking along major highways.
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary
functions is to be a barrier to collect and direct water to be drained away. On a secondary
level, they can help define where the streets start and stop, and they act as a physical barrier
between pedestrian and vehicular traffic.
Curb and gutter for the Study Area were examined similarily to sidewalks. The curb and gutter
were graded as either adequate, deteriorating, dilapidated, or missing.
Within the study area there is approximately 19,950 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, the following is how the curb and gutter conditions
breakdown within the corporate limits:
0 (0.0%) lineal feet of adequate curb and gutter
8,375 (42.0%) lineal feet of deteriorating curb and gutter
11,575 (58.0%) lineal feet of no curb and gutter or rural section.
There was no curb and gutter deemed to be dilapidated.
In total, 100% of the curb and gutters are in either a deteriorating state or are missing. See Figure
6 for the locations of these curb and gutter. The area is designed for surface drainage as
opposed to underground stormwater piping.
Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter
conditions would be a direct contributing factor.
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 8
Figure 5
Sidewalk Conditions
Source: Marvin Planning Consultants, 2014
Figure 6
Curb and Gutter Conditions
Grand Island Council Session - 6/23/2015 Page 214 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 9
Standing water within one of the primary drainage routes
Standing water at property entrance
along S. Webb Road
Drainage Conditions
Grand Island has a long history of drainage issues due to the
extreme flatness of the area, as well as the high water table.
Topography and soils can have a major impact on how a given
portion of the city drains. The area designated in this Study Area
is nearly flat or has an extremely small slope.
The field survey examined the entire area for potential drainage
problems. One field survey was completed during and a day
after a rain event. During both field visits there was standing
water throughout the entire area. Water was standing in large
potholes, in drainage ditches, along key drainage ways.
Another item of note deals with the actual number of stormwater
inlets in the study area. There are a minimal number of
stormwater inlets within the entire study area. All of the water,
south of US Highway 30 has to surface drain or be absorbed into
the soils. Within the study area there is a small stormwater
catchment. In addition, along the southern edge of the study
area there is a larger stormwater catchment. However, runoff in
the study area must find a path along very flat topography to
get to the catchments.
The primary way for stormwater runoff to reach the catchment is
through a series of ditches along S. Webb Road, US Highway 30,
2nd Street and Old US Highway 30. This type of stormwater
infrastructure typically works only when there is some
topographic drop-off and the ditches remained mowed. In case
of the ditches in the study area, the grass appeared to be longer
than it should be to allow for water movement.
Figure 7 is an existing topographic map from the City of Grand
Island’s website. The map confirms the flatness of the area
between US Highway 30 on the north and 2nd Street on the south.
The most common contour identified on the map is the 1875
contour. There are actually only two other contours in this study
area, one is 1880 along the centerline of S. Webb Road and the
1870 contour at the bottom of the small stormwater catchment.
Standing water from poor drainage can be a catalyst for health
issues like West Nile due to the potential mosquito breeding
during the summer months.
Drainage also can be tied directly to the, curb and gutter
conditions.
Figure 7
Standing water during a recent rain event
Standing water during a recent rain
event
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 10
Topographic Map of Study Area
Source: City of Grand Island (topographic map) and Marvin Planning Consultants
Site Improvements Conditions
The different properties throughout the study area have less than average site improvements. A
large portion of the properties have gravel/dirt drives and parking lots and in some cases they
may have been concreted or asphalted in the past but it is difficult to determine due to the
level of deterioration. Some properties have paved/improved parking areas and drives were
found to be in a state of deterioration.
Figure 8 identifies the different properties in the study area that have deteriorating parking areas
and drives, as well as those properties that have been hard surfaced and are showing signs of
deteriorating and in need of repair/rehabilitation. Even though most of the land uses in this area
are heavier commercial to industrial uses, the lack of hard surfacing or the deterioration of the
existing hard surfacing has a major impact on the perception of the area as well as the value of
the area.
Based upon the field analysis, there are sufficient elements present to meet the definition of
deterioration of site and other improvements in the Study Area.
Figure 8
Denotes standing water
identified after a rain event
Contours in this
configuration indicate very
flat areas
Grand Island Council Session - 6/23/2015 Page 216 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 11
Figure 9: Small Lot Sizes
Source: Marvin Planning Consultants
Site Improvement Conditions
Source: Marvin Planning Consultants 2015
Faulty Lot Layout
Faulty lot layout can lead to a number of issues including size of a lot, adequacy of the lot for the
use, accessibility to the lot and/or the usefulness of the lot. There are a number of factors to
examine within this particular study area.
Size of Lot
Throughout the study area there are lots that are too
small for the use and buildings located on the site.
These sites are spread around the Union Pacific
Railroad corridor.
Figure 9 to the right identifies the lots in the study
area deemed to be either too narrow, too shallow, or
both (resulting in an overall small lot). Considering the
current land use plan and zoning for this area, these
lots have the potential to be undesirable or
overcrowded with building in the future; in some
cases these lots are already overcrowded.
Surface materials
deteriorating
Surface material is
gravel / dirt /
unimproved
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 12
Figure 10: Accessibility
Source: Marvin Planning Consultants
Figure 11: Improper Subdivision
Source: Marvin Planning Consultants
Damaged fence at stormwater catchment
Source: Marvin Planning Consultants
Adequacy of the Lots
Based upon the discussion regarding lot size and
shape above, the lots in Figure 9 are not adequate
for the type of land use and zoning designated for
this area. Parking and deliveries opportunities are
somewhat limited on these lots.
Some of the other lots appear to have fit their
different structures onto the site with a shoe horn;
movement on these sites are very tight considering
larger pick-ups and semi-trailers are arriving and
departing from the site.
Accessibility of the Lots
Accessibility of some lots in the study area currently
does not appear to be an issue. However, there
could be two very different issues arise in the future.
Several of the lots are currently tied to a business
with direct access to major thoroughfares. However,
if these lots were ever sold off, it would create a
condition of land locked lots. Figure 10 above
indicates those landlocked lots.
Improper Subdivision or obsolete platting
Improper subdivision or obsolete platting is another
blighting condition found in the study area. Figure
11 identifies a number of irregularlly shaped lots
throughout the area. If this area were to be platted
under the current process, it is likely these lot
configurations would not occur or be approved.
In addition, Figure 11 indicates and area along the
south side of the Union Pacific Railroad corridor. This area is one large lot with multiple uses
leasing ground from the railroad. Each of these uses should be contained on their own individual
lots. Finally, this same condition occurs along the northside of the corridor where the Aurora
COOP facility is located.
Insanitary or Unsafe Conditions
There are a number of factors tending to fall under this category. The study area was found to
have several factors falling into insanitary and unsafe. The following will outline the conditions
found.
Stormwater Catchment
The topography found in Grand Island creates the need for unique
engineering solutions to catch, store, and release stormwater. Within
the center of the study there is a stormwater catchment facility. This
catchment could be considered an unsafe condition contributing to
the potential blighted and substandard conditions of the area. This
catchment is deep and is designed to handle a massive amount of
water; however, the security measures have been compromised due
to a damaged fence along Industrial Lane.
In addition, there is one additional stormwater catchment on the south side of W. 2nd Street. This
catchment area is not in the study area but is adjacent to the area and is considered a
contributing factor. The catchment along W. 2nd Street is much larger in size than the one within
the study area.
Grand Island Council Session - 6/23/2015 Page 218 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 13
Unsecured materials Source: Google Earth August 2013 aerial
Photograph from Old US Highway 30
Source: Marvin Planning Consultants
Second unsecured property
Source: Google Earth August 2013 aerial
Unsecured Areas
The field investigation of this study area identified two
major areas where materials are stored and are not
secure. One is the area to the west and north of Love
Signs. Love Signs has several older signs and parts stored
in an open area without any security fencing.
Considering the sheet metal and other materials used for
their product, these materials can be dangerous if
someone were to wander into this area unauthorized.
The second area is north and east of the Love Signs
location, an area according to the Hall County Assessors
site, operated as the Storage Warehouse. The facility has
a considerable amount of materials stored outside.
Portions of this area are protected by fencing materials
but the entry to the site along Industrial Lane is open to
the public through an uncontrolled access point. This
provides access to the area and could create a
dangerous condition.
Standing Water
As discussed in detail in the drainage section of this
report, standing water can be an insanitary and unsafe
condition due to the potential for this to be a breeding
ground for mosquitoes and their ability to spread the
West Nile virus.
Vacant Property
During the field analysis, an interesting observation was
made. Along S. Webb Road, there are two newer strip
style buildings, both of which appear to be
predominately vacant. In addition the property (parking)
around the facilities is in a stated of considerable
disrepair. This is an interesting situation which is having an
overall negative impact on the west edge of the study
area.
Diversity of Ownership
After reviewing the information on the Hall County Assessor’s website, the study area was found
to have 18 different property owners. In order for future redevelopment to occur it may require
some of these tracts to get into common ownership.
Based upon the fact that 26 different individuals, corporations, etc. own property in this area, it is
determined that the high diversity of property ownership could easily be a barrier to
redevelopment.
Existence of Conditions endangering life or property due to fire or other causes
Located within the study area there are factors present that are a danger to life or property due
to fire or other causes. A number of these factors have been previously discussed in this report.
These factors include:
Unsecured materials
The proximity of the unsecured stormwater catchment
The Union Pacific Railroad corridor is unsecured and enables someone to walk along the
tracks of one of busiest railroad corridors in the Unites States
Standing water
The existence of two grain facilities located in the heart of Grand Island’s industrial
corridor and in close proximity to the busiest commercial area in the community.
Unsecured entry point
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 14
Based upon the field analysis, there are sufficient elements present to meet the definition of
dangerous conditions within the Study Area.
Combination of factors which are impairing and/or arresting sound growth
Within this small study area there are a number of factors that are impairing or arresting sound
growth. A couple of these include:
Even though the existence of US Highway 30 as well as Webb Road and Old US Highway 30
are traffic generators in what is considered a commercial and industrial corridor, these
thoroughfares have a tendency to impair and arrest sound growth practices.
The Union Pacific Railroad mainline lies directly in the middle of the study area and also
impairs sound growth practices.
Based upon the review of the area, there are sufficient elements present to meet the definition
of combination of factors which are impairing and/or arresting sound growth within the Study
Area.
Stable or decreasing population based on the last two decennial censuses
Over the past 20 years the population within the study area has been stable. The population
within the Study Area has been 0 residents for the past two decennial censuses. Therefore, it
meets the criteria for a stable or decreasing population.
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
Average age of structures is over 40 years of age
o Within the Study Area 54.9% of the structures meet the criteria of 40 years of age or older.
Substantial number of deteriorating structures
o Within the study are 68.75% of the structures were deemed to be in a deteriorated state
or worse.
Deterioration of site or other improvements
o There are no sidewalks located along the public streets in the area.
o The area is considerably flat and standing water is a concern.
o Within the study area, curb and gutter existing on 100% of the right-of-way and it has
been determined to be in a deteriorating state.
o In addition to a small percentage of curb and gutter, the remaining 58% has no curb and
gutter to control stormwater runoff or to define the driving surface from other portions of
the right-of-way.
o Several properties within the study area have deteriorated or substandard site
improvements including parking lots, fencing, etc.
Faulty Lot Layout
o Size of certain lots is an issue
o Adequacy of some lots is a concern
o Accessibility to some lots could be a problem since these lots could become land locked
in the future
Insanitary or Unsafe Conditions
o Lack of sidewalk in the Study Area
o Stormwater catchment west of study area is a contributing factor
o Unsecured materials storage
o Standing water
o Vacant property
Improper Subdivision or obsolete platting
o The layout of lots in the study area are not conducive to directing quality development
layouts as can be seen throughout the study area.
Diversity of Ownership
o Within the Study Area, 44 properties lots are owned by 26 different property owners.
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 15
Dangerous conditions to life or property due to fire or other causes
o The proximity of the stormwater catchment
o Unsecured materials
o Lack of sidewalk within the Study Area
o Existence of two grain facilities
Combination of factors which are impairing and/or arresting sound growth
o US Highway 30
o Old US Highway 30 and Webb Road
o Union Pacific Railroad
Stable or decreasing population based on the last two decennial censuses
o The population of the Study Area has remained stable over the past 22 years.
The other criteria for Blight were not present in the area, these included:
Defective/Inadequate street layouts,
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Unemployment in the designated area is at least 120% of the state or national average.
One-half of unimproved property is over 40 years old.
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.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
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Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 16
Substandard Conditions
Average age of the residential or commercial units in the area is at least 40
years
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition. Note the age of structure was determined from
the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of 51 structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
28 (54.9%) units were determined to be more than 40 years of age
23 (45.1%) units were determined to be less than 40 years of age
There is a predominance of units 40 years of age or older.
Existence of Conditions endangering life or property due to fire or other causes
Located within the study area there are factors present that are a danger to life or property due
to fire or other causes. A number of these factors have been previously discussed in this report.
These factors include:
The proximity of the stormwater catchment
Unsecured materials
Lack of sidewalk within the Study Area
Existence of two grain facilities
Based upon the field analysis, there are sufficient elements present to meet the definition of
dangerous conditions within the Study Area.
Substandard Summary
Nebraska State Statute requires that “…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;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised
Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #18
Blight Study Area #18 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Average age of structures is over 40 years of age
Substantial number of deteriorated or deteriorating structures
Deterioration of site or other improvements
Faulty Lot Layout
Insanitary and Unsafe Conditions
Improper Subdivision or Obsolete Platting
Diversity of Ownership
Combination of factors which are impairing and/or arresting sound growth
Stable or decreasing population based on the last two decennial censuses
Grand Island Council Session - 6/23/2015 Page 222 / 267
Blight and Substandard Study
City of Grand Island, Nebraska • June 2015 Page 17
Substandard Conditions
Average age of the structures in the area is at least forty years
Dangerous conditions to life or property due to fire or other causes
Grand Island Council Session - 6/23/2015 Page 223 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item H-2
Consideration of Approving Request for Liquor Manager
Designation for Leela Castillo, 2323 Bellwood Drive #212 with
Fiesta Latina/Klub Lavish, 2815 South Locust Street
Staff Contact: RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 224 / 267
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 23, 2015
Subject:Request from Leela Castillo, 2323 Bellwood Drive #212 for
Liquor Manager Designation with Fiesta Latina/Klub Lavish,
2815 South Locust Street
Item #’s:H-2
Presenter(s):RaNae Edwards, City Clerk
Background
Leela Castillo, 2323 Bellwood Drive #212 has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with Fiesta Latina/Klub Lavish, 2815
South Locust 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.) Ms. Castillo has completed a state approved alcohol
server/seller training program.
After reviewing the Police Department report (see attached) it is recommended that the City
Council deny this request based on not qualifying under Nebraska State Statute 53-125 Parts (5),
(10), and (11) and Nebraska Liquor Control Commission Nebraska Rules and Regulations,
Chapter 2 010.01, Falsification of Application.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Approve the requests.
Grand Island Council Session - 6/23/2015 Page 225 / 267
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor License
Manager, City Administration recommends that the Council deny this application.
Sample Motion
Move to deny the request from Leela Castillo, 2323 Bellwood Drive #212 for Liquor Manager
Designation in conjunction with the Class “C-34765” Liquor License for Fiesta Latina/Klub
Lavish, 2815 South Locust Street based upon the Police Department report.
Grand Island Council Session - 6/23/2015 Page 226 / 267
06/18/15 Grand Island Police Department 450
12:38 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 11:00:00 06/17/2015
Date disposition declared : **/**/****
Incident number : L15061571
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 2815 Locust St S
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
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 :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
LW L15041533 06/17/15 Information Related
NM 11781 06/18/15 Harwell, Leela Ann Prior Name
NM 91325 06/18/15 Castillo-Harwell, Leela A Additional Name
NM 91326 06/17/15 Castillo, Leela Proposed Manager
NM 200291 06/17/15 Klub Lavish, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I received a copy of a liquor manager application from Leela Castillo for
Fiesta Latina/The Club/Klub Lavish.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
Grand Island Council Session - 6/23/2015 Page 227 / 267
-- ---- ------------------------------ ----------
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 13:20:55 06/17/2015
Grand Island Police Department
Supplemental Report
Date, Time: Wed Jun 17 13:21:05 CDT 2015
Reporting Officer: Vitera
Unit- CID
I received a copy of a liquor manager application from Leela Castillo for
Fiesta Latina/The Club/Klub Lavish. According to the application, Leela has
lived in either Grand Island or Omaha since at least 1990. Leela stated that
she is married to a man named Jose Castillo who doesn't have a driver's
license, no Social Security number, was born in Mexico, and currently lives in
Omaha. Jose signed a Spousal Affidavit of Non-Participation form, but he didn't
sign the Personal Oath and Consent of Investigation form.
On the part of the application which asks for convictions, Leela disclosed a
traffic-related conviction in November of 2002 for speeding, no proof of
ownership, no proof of insurance, and a child restraint violation. She also
disclosed a 3rd degree assault conviction in July of 2004 and a 3rd degree
assault conviction in August of 2004. Leela attached a Nebraska State Patrol
(NSP) criminal history record, but one page was missing. The NSP report (minus
the missing page) only includes the traffic convictions from November 2002 that
she disclosed. Jose didn't disclose any convictions, but I was unable to do any
kind of accurate check on him since he doesn't have a driver's license or
Social Security number.
A check of Spillman reveals that Leela has contacts under three different
names. Under Leela Harwell, Leela has been contacted on a gunshots call, theft
calls, disturbing the peace, assaults, child abuse, criminal mischief, threats,
and traffic. I didn't see where she was a victim on any of these calls. She was
either referred, cited, arrested, or contacted as being present or a witness.
Under Leela Castillo, she only has contacts regarding Klub Lavish. Under Leela
Castillo Harwell, she was contacted as a victim of a theft, mentioned in a
vehicle theft and a child abuse report.
The Nebraska Criminal Justice Information System (NCJIS) shows the following
convictions under the name of Leela Harwell (date used is the date the case was
Grand Island Council Session - 6/23/2015 Page 228 / 267
closed): 1) 3rd degree assault on 11-6-98 2) 3rd degree assault 12-18-98 3)
Disturbing the peace which was pled down from 3rd degree assault on 1-21-99 4)
Driving during suspension (DDS) on 1-21-99 5) DDS on 7-29-99 6) No license on
person on 9-3-99 7) License a vehicle without liability insurance on 9-7-00 8)
Obstruction of the administration of law, no operator's license, speeding on 9-
7-00 (disorderly conduct, resisting arrest, false information, no seat belt,
and no proof of insurance were dropped or dismissed) 9) No operator's license
on 12-11-00 10) No proof of insurance on 3-22-01 11) No valid registration and
child restraint violation on 4-14-03 12) 3rd degree assault on 8-19-04 13)
Negligent minor care on 5-24-07. NCJIS shows additional convictions under the
name of Leela Castillo: 14) Speeding, no proof of ownership, licensing a
vehicle without liability insurance, and a child restraint violation on 11-21-
02 15) speeding on 6-11-03 16) speeding 8-7-07 17) speeding on 10-26-11. NCJIS
shows one more conviction under the name of Leela Castillo Harwell: 18) 3rd
degree assault on 1-20-05.
Even with the failure to disclose all of her convictions (false application),
it doesn't appear that Leela should be eligible to be a liquor manager.
According to Nebraska State Statute 53-125 (Classes of persons to whom no
license issued), "No license of any kind shall be issued to ...(5) "a person
who has been convicted of or has pleaded guilty to any Class I misdemeanor
pursuant to Chapter 28, article 3, 4, 7, 8, 10, 11, or 12, or any similar
offense under a prior criminal statute or in another state..." It goes on to
say, "(10) a corporation..., if a manager of a corporate licensee would be
ineligible to receive a license under this section for any reason... (11) a
person whose place of business is conducted by a manager or agent unless such
manager or agent possesses the same qualifications required of the licensee..."
Leela's 3rd degree assault convictions are under Nebraska State Statute 28-310
which is included in part (5) of 53-125. If Klub Lavish were getting a new
liquor license, they would be ineligible because of part (10) and part (11)
from 53-125. I realize that Klub Lavish already has a liquor license and this
statute isn't necessarily retroactive, however, I would think the same
rationale on the approval of the manager should apply. A complete copy of
Nebraska State Statute has been attached to this report.
Based upon Leela's failure to disclose all of her convictions, (false
application/false information according to the Nebraska Liquor Control
Commission Nebraska Rules and Regulations, Chapter 2 010.01 and 011.01), her
3rd degree assault convictions and how they relate to Nebraska State Statute
53-125 part 5, 10, and 11, the Grand Island Police Department recommends that
the council denies this application.
Grand Island Council Session - 6/23/2015 Page 229 / 267
Nebraska Revised Statute 53-125
Revised Statutes » Chapter 53 » 53-125
53-124.15
|
53-126
Print Friendly
53-125. Classes of persons to whom no license issued.
No license of any kind shall be issued to (1) a person who is not a resident of Nebraska,
except in case of railroad, airline, or boat licenses, (2) a person who is not of good character and
reputation in the community in which he or she resides, (3) a person who is not a citizen of the
United States, (4) a person who has been convicted of or has pleaded guilty to a felony under the
laws of this state, any other state, or the United States, (5) a person who has been convicted of or
has pleaded guilty to any Class I misdemeanor pursuant to Chapter 28, article 3, 4, 7, 8, 10, 11,
or 12, or any similar offense under a prior criminal statute or in another state, except that any
additional requirements imposed by this subdivision on May 18, 1983, shall not prevent any
person holding a license on such date from retaining or renewing such license if the conviction or
plea occurred prior to May 18, 1983, (6) a person whose license issued under the Nebraska
Liquor Control Act has been revoked for cause, (7) a person who at the time of application for
renewal of any license issued under the act would not be eligible for such license upon initial
application, (8) a partnership, unless one of the partners is a resident of Nebraska and unless all
the members of such partnership are otherwise qualified to obtain a license, (9) a limited liability
company, if any officer or director of the limited liability company or any member having an
ownership interest in the aggregate of more than twenty-five percent of such company would be
ineligible to receive a license under this section for any reason other than the reasons stated in
subdivisions (1) and (3) of this section, or if a manager of a limited liability company licensee
would be ineligible to receive a license under this section for any reason, (10) a corporation, if
any officer or director of the corporation or any stockholder owning in the aggregate more than
twenty-five percent of the stock of such corporation would be ineligible to receive a license
under this section for any reason other than the reasons stated in subdivisions (1) and (3) of this
section, or if a manager of a corporate licensee would be ineligible to receive a license under this
section for any reason. This subdivision shall not apply to railroad licenses, (11) a person whose
place of business is conducted by a manager or agent unless such manager or agent possesses the
same qualifications required of the licensee, (12) a person who does not own the premises for
which a license is sought or does not have a lease or combination of leases on such premises for
the full period for which the license is to be issued, (13) except as provided in this subdivision,
an applicant whose spouse is ineligible under this section to receive and hold a liquor license.
Such applicant shall become eligible for a liquor license only if the commission finds from the
evidence that the public interest will not be infringed upon if such license is granted. It shall be
prima facie evidence that when a spouse is ineligible to receive a liquor license the applicant is
also ineligible to receive a liquor license. Such prima facie evidence shall be overcome if it is
shown to the satisfaction of the commission (a) that the licensed business will be the sole
property of the applicant and (b) that such licensed premises will be properly operated, (14) a
person seeking a license for premises which do not meet standards for fire safety as established
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by the State Fire Marshal, (15) a law enforcement officer, except that this subdivision shall not
prohibit a law enforcement officer from holding membership in any nonprofit organization
holding a liquor license or from participating in any manner in the management or administration
of a nonprofit organization, or (16) a person less than twenty-one years of age.
When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with
the requirements of this section, but nothing in this section shall prohibit any such beneficiary
from being a minor or a person who is mentally incompetent.
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FALSIFICATION OF APPLICATION
010.01 No applicant for a liquor license, or partner, principal, agent or employee of any applicant
for a liquor license shall provide false or misleading information to the Nebraska Liquor Control
Commission, its executive director, or employees. Any violation of this provision may result in
denial of application for a liquor license or, in the event that a license has already been issued,
suspension, cancellation or revocation of such license.
FALSIFICATION OF INFORMATION
011.01 No licensee or partner, principal, agent or employee of any licensee shall provide false or
misleading information to the Nebraska Liquor Control Commission, its executive director or
employees. Any violation of this provision may result in suspension, cancellation or revocation of
such license.
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City of Grand Island
Tuesday, June 23, 2015
Council Session
Item I-1
#2015-162 - Consideration of Approving Request from Ornelas,
Inc. dba La Cocina Mexican Restaurant, 2418 North Webb Road,
Suite A for Class “I” Liquor License and Liquor Manager
Designation for Javier Erives, 504 No. Walnut Street, Apt. 3
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/23/2015 Page 233 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-162
WHEREAS, an application was filed by Ornelas, Inc. doing business as La
Cocina Mexican Restaurant, 2418 North Webb Road, Suite A for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on June 6, 2015; such publication cost being $16.27; and
WHEREAS, a public hearing was held on June 23, 2015 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Javier Erives,
504 North Walnut Street, Apt. 3 as liquor manager of such business
contingent upon completing a state approved alcohol server/seller
program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 234 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item I-2
#2015-163 - Consideration of Approving Economic Development
Incentive Agreement with GIX Logistics, 308 West 3rd Street
Staff Contact: Marlan Ferguson
Grand Island Council Session - 6/23/2015 Page 235 / 267
Council Agenda Memo
From:Marlan Ferguson, City Administrator
Meeting:June 23, 2015
Subject:Approving Economic Development Incentive Agreement
with GIX Logistics
Item #’s:I-2
Presenter(s):Marlan Ferguson, City Administrator
Background
At the November 6, 2012 General Election, the voters of the City of Grand Island
approved LB840 funding to enable the City to extend economic development incentives
through the Grand Island Area Economic Development Corporation (GIAEDC). The
Economic Development Corporation has received an application from GIX Logistics,
308 West 3rd Street for building expansion and additional employees. On May 14, 2015,
the Executive Board of the GIEDC approved submission of the attached Economic
Development Agreement to the Citizens Advisory Review Committee (CARC) for
consideration and recommendation. The CARC met on June 4, 2015 and approved the
request and Agreement for recommendation to the City Council for final action and
approval.
Discussion
GIX Logistics has submitted the required LB-840 application (see attached) for a
forgivable loan in the amount of $202,800.00. Proposed is the creation of 26 additional
full-time equivalent (FTE) employees with 10 FTE’s being hired for Freight Managers
with an average hourly wage of $16.83 and 16 FTE’s hired for Inside Sales
Representatives with an average hourly wage of $18.03. Requested is $3,300.00 per new
employee for job training totaling $85,800.00 to be paid within 60 days of the approval of
the agreement and $4,500.00 per new employee for job creation totaling $117,000.00 to
be paid over three years.
GIX Logistics currently has 32 employees. This company, located at 308 West 3rd Street,
is an existing business of transportation, logistics, and distribution of goods across the
country. GIX transports refrigerated goods, dry goods, and/or raw goods.
Grand Island Council Session - 6/23/2015 Page 236 / 267
The company is expanding their existing facility and plans to recruit, hire, coach and
retain the best possible candidates. The use of LB-840 funds would allow GIX to
continue to hire high caliber employees to add new customers to their fast-pace business
model, handle the increase in business, and contribute to the overall well-being of the
community.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Economic Development Agreement with GIX Logistics.
2.Do not approve the Economic Development Agreement with GIX Logistics.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with GIX Logistics.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with GIX Logistics.
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ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (this “Agreement”) is made and
entered into effective as of the ___ day of June, 2015 (the “Effective Date”)[NOTE: THIS DATE
WILL BE THE DATE THAT THE PARTIES EXECUTE THE AGREEMENT AFTER IT IS
APPROVED BY THE CITY AND SIGNED BY THE MAYOR. THE EDC AND GIX ARE BOTH
PREPARED TO SIGN THE SAME DAY THAT THE MAYOR SIGNS ON BEHALF OF THE
CITY], by and among the City of Grand Island, Nebraska (the “City”), the Grand Island
Economic Development Corporation (“GIAEDC”) and GIX Logistics, Inc., a Nebraska
corporation (“Company”) (City, GIAEDC and Company, each a “Party” and collectively, the
“Parties”).
W I T N E S S E T H:
WHEREAS, on May 1, 2015, Company filed an Application for Economic Development
Incentives (the “Application”) with City and GIAEDC;
WHEREAS, Company plans to expand its operations in Grand Island and intends to
create twenty-six (26) additional full-time equivalent employees in Grand Island, with ten (10) of
such full-time equivalent employees being hired as Freight Mangers and sixteen (16) of such
full-time equivalent employees by hired as Inside Sales Representatives;
WHEREAS, City and GIAEDC find Company to be a qualifying business under the City’s
Economic Development Program, that the Company’s project qualifies for economic
development incentives under the Program, that the Company’s project will be of substantial
economic benefit to the people of Grand Island and the surrounding area, and the economic
development incentive plan set forth in this Agreement constitutes a fulfillment of the major
objectives of the City’s Economic Development Plan;
WHEREAS, City and GIAEDC are willing to provide Company with $85,800 in job
training assistance and up to $117,000 in job creation incentives at the times and upon the
fulfillment of the conditions set forth in this Agreement; and
WHEREAS, in furtherance of the foregoing recitals, the Parties desire to enter into this
Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Agreement, the Parties agree as follows:
1.Definitions. As used in this Agreement, the following terms shall have the
respective meanings ascribed to them in this Section 1:
(a)“Additional Full Time Equivalents (“AFTEs”)” shall mean the persons hired
by the Company after the date of the Application as part of its expansion of operations in
Grand Island as detailed in the recitals to this Agreement. The total number of AFTE’s
shall be determined by dividing the total number of hours the AFTE’s worked at
Company’s facilities in Grand Island by two thousand and eighty (2,080).
(b)“Employment Certificate” shall mean a certificate for a defined period
containing the sworn statement of a duly authorized representative of Company
specifically setting forth compliance with the terms of this Agreement. The Employment
Certificate shall contain the following information and adhere to the following terms: (i)
Grand Island Council Session - 6/23/2015 Page 248 / 267
2
the total number of hours which AFTE’s worked and received compensation at
Company’s facilities in Grand Island; and (ii) the hourly rate for all AFTE’s which shall
meet or exceed the Minimum Hourly Rate. Company agrees that upon receipt of written
notice pursuant to the terms of this Agreement, Company shall allow the City
Administrator or his designee to personally inspect Company’s employment records as
confirmation of the statements contained in the Employment Certificate.
(c)“Full-Time Equivalents” or “FTE’s” shall mean persons employed by
Company and working at its facilities in Grand Island as of the date of the date of the
Application. The total number of FTE’s shall be determined by dividing the total number
of hours Company employees worked at its facilities located in Grand Island by two
thousand eighty (2,080).
(d)“Minimum Hourly Rate” shall mean a minimum of $17.50 per hour of each
AFTE employed as part of Company’s expansion of its operations in Grand Island. The
hourly rate shall be determined by dividing the total wages and salaries paid to AFTE’s
by two thousand eighty (2,080).
2.Employment Requirements. Company shall meet each of the following
employment requirements:
(a)Company shall have a minimum of thirty-two (32) FTE’s at its facilities in
Grand Island as of the date of the Application;
(b)Company shall have a minimum of seven (7) AFTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the first (1st)
anniversary of the Effective Date;
(c)Company shall have a minimum of fifteen (15) AFTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the second (2nd)
anniversary of the Effective Date; and
(d)Company shall have a minimum of twenty-six (26) AFTE’s at its facilities
in Grand Island being compensated at the Minimum Hourly Rate as of the third (3rd)
anniversary of the Effective Date.
3.Disbursement of LB 840 Funds for Job Training. Disbursement of the economic
incentive funds as a forgivable economic development loan for job training shall be paid to
Company by City in accordance with the following schedule:
(a)A disbursement for training AFTE’s in the amount of Eighty-Five
Thousand Eight Hundred and No/100 Dollars ($85,800.00) representing Three
Thousand Three Hundred and No/100 Dollars ($3,300.00) for each AFTE shall be paid
by City to Company within sixty (60) days of the approval this Agreement by the City
Council;
(b)The maximum amount the City shall disburse to Company for job training
shall be Eighty-Five Thousand Eight Hundred and No/100 Dollars ($85,800.00); and
(c)Company agrees to provide City and GIAEDC evidence of expenditures
of the training disbursement for training purposes on or before the first (1st) anniversary
of the Effective Date.
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3
4.Disbursement of LB 804 Funds for Job Creation. Company shall be eligible for
disbursements of up to Four Thousand Five Hundred and No/100 Dollars ($4,500.00) per AFTE
for twenty-six (26) AFTE’s for a total disbursement of One Hundred Seventeen Thousand and
No/100 Dollars ($117,000.00). Disbursement of the economic incentive funds as a forgivable
economic development loan for job creation shall be paid to Company by City in accordance
with the following schedule:
(a)A disbursement of Thirty-One Thousand Five Hundred and No/100
Dollars ($31,500.00) shall be paid by City to Company within thirty (30) days of the first
(1st) anniversary of the Effective Date provided that Company has delivered an
Employment Certificate to City and GIAEDC evidencing that Company has at least
seven (7) AFTE’s at its facilities in Grand Island being compensated at the Minimum
Hourly Rate.
(b)A disbursement of Thirty-Six Thousand and No/100 Dollars ($36,000.00)
shall be paid by City to Company within thirty (30) days of the second (2nd) anniversary
of the Effective Date provided that Company has delivered an Employment Certificate to
City and GIAEDC evidencing that Company has at least fifteen (15) AFTE’s at its
facilities in Grand Island being compensated at the Minimum Hourly Rate.
(c)A disbursement of Forty-Nine Thousand Five Hundred and No/100
Dollars ($49,500) shall be paid by City to Company within thirty (30) days of the third
(3rd) anniversary of the Effective Date provided that Company has delivered an
Employment Certificate to City and GIAEDC evidencing that Company has at least
twenty-six (26) AFTE’s at its facilities in Grand Island being compensated at the
Minimum Hourly Rate.
(d)The maximum amount City shall disburse to Company for job creation
shall be One Hundred Seventeen Thousand and No/100 Dollars ($117,000.00).
5.Total Disbursements. The maximum total amount City shall disburse to
Company pursuant to this Agreement shall be Two Hundred Eight Thousand Eight Hundred and
No/100 Dollars ($208,800.00).
6.Company’s Representations and Warranties. Company represents and warrants
to City and GIAEDC as follows:
(a)Organization, Standing and Power. Company is a corporation duly
incorporated, validly existing and in good standing under the laws of the State of Nebraska and
has the legal power to carry on its business as it is now being conducted.
(b)Authority. The execution, delivery and performance of this Agreement by
Company has been duly and validly authorized and approved by all necessary legal action on
the part of Company.
(c)Binding Agreement. This Agreement, when executed and delivered, will
constitute the legal, valid and legally binding agreement of Company, enforceable against
Company in accordance with its terms.
(d)No Conflict with Other Instruments or Agreements. The execution,
delivery and performance of this Agreement by Company will not result in a breach or violation
of, or constitute a default under any agreement to which Company is bound, and will not be in
violation of any statute, judgment, order, rule or regulation of any court, or any federal, state or
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4
other regulatory authority or governmental body having jurisdiction over Company in effect as of
the Effective Date.
(e)No Brokers. Company has not retained or agreed to compensate any
broker or finder in connection with the transactions contemplated by this Agreement.
(f)Operations. During the term of this Agreement, (i) Company shall
maintain operations in Grand Island, Nebraska, and (ii) shall employ at least (A) thirty-two (32)
FTE’s as of the date of the Application, (B) thirty-nine (39) FTE’s as of the first (1st) anniversary
of the Effective Date, (C) forty-seven (47) FTE’s as of the second (2nd) anniversary of the
Effective Date, and (D) fifty-eight (58) FTE’s as of the third (3rd) anniversary of the Effective
Date.
In the event that Company breaches any of the foregoing representations and warranties, all
amounts distributed by City to Company pursuant to this Agreement shall immediately become
due and owing by Company to City and if unpaid shall accrue interest at the rate of eight
percent (8%) per annum until such amounts are repaid in full.
7.Company’s Obligation to Repay Funds. The Parties acknowledge and agree that
the funds to be provided by City to Company pursuant to this Agreement are being provided in
the form of an economic development loan and are subject to repayment in accordance with the
terms and conditions of this Agreement if Company fails to perform its obligations under this
Agreement. The Parties further acknowledge and agree that City shall forgive the entire
economic development loan disbursed to Company representing a total of Two Hundred Two
Thousand Eight Hundred and No/100 Dollars ($202,800.00) upon Company meeting the
following conditions:
(a)Company shall have complied with the terms and provisions of Sections
2-6 of this Agreement in all respects; and
(b)If Company remains in compliance with the terms and provisions of
Sections 2-6 of this Agreement in all respects, the economic development loan will be
forgiven pursuant to the following schedule:
(i)On the third (3rd) anniversary of the Effective Date, one-half (1/2)
or One Hundred One Thousand Four Hundred and No/100 Dollars
($101,400.00) of the economic development loan shall be forgiven; and
(ii) On the fourth (4th) anniversary of the Effective Date, one-half
(1/2) or One Hundred One Thousand Four Hundred and No/100 Dollars
($101,400.00) of the economic development loan shall be forgiven.
8.Default. In the event that Company fails to comply with any of the terms of this
Agreement, City or GIAEDC may declare Company to be in breach. Any such declaration shall
be in writing and delivered to Company at its last known address. In the event that City or
GIAEDC declare Company to be in breach, all amounts distributed by City to Company
pursuant to this Agreement shall immediately become due and owing by Company to City and if
unpaid shall accrue interest at the rate of eight percent (8%) per annum until such amounts are
repaid in full.
9.Actions after Effective Date. From time to time after the Effective Date, without
further consideration, each of the Parties will execute and deliver such documents and
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5
instruments as any other Party shall reasonably request to give full effect to the transactions
contemplated by this Agreement.
10.Term. This Agreement (and all representations, covenants, agreements,
obligations and warranties of Company, City and the GIAEDC contained in this Agreement),
shall remain in full force and effect until the earlier of the date that (a) the entire economic
development loan has been forgiven pursuant to Section 7, or (b) Company has repaid all
amounts provided to Company pursuant to this Agreement (in the event Company breaches its
obligations under this Agreement) (such date, the “Termination Date”). From and after the
Termination Date, this Agreement shall be of no further force or effect and no Party shall have
any further obligations pursuant to this Agreement.
11.Amendment. No amendment or modification of this Agreement shall be binding
on any Party unless the same shall be in writing and signed by all Parties.
12.Communication. Company agrees to inform City and GIAEDC of any changes in
Company’s address, telephone number, email address or leadership within three (3) business
days of such changes. Company also agrees to fully respond within fifteen (15) calendar days
to any request for information from City and/or GIAEDC related to Company’s compliance with
the terms of this Agreement All responses to inquiries shall be in writing and provided to City
and GIAEDC at the following addresses:
Grand Island City Administrator
100 East First Street
P.O. Box 1968
Grand Island, NE 68802-1968
Cityadministrator@grand-island.com
Grand Island Area Economic Development Corporation
123 North Locust Street, Suite 201B
P.O. Box 1151
Grand Island, NE 68802
mberlie@grandisland.org
13.Indemnification. Company agrees to indemnify, defend and hold City, GIADEC
and their employees, officers, directors, agents, attorneys, affiliates and their respective
successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any
and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense
(including interest, penalties, attorneys’ fees and amounts paid in settlement) to which the
Indemnified Parties may become subject arising out of or based upon a breach or default by
Company of this Agreement.
14.Expenses. The Parties shall all pay their respective expenses incident to the
preparation, execution and consummation of this Agreement.
15.Binding Effect. This Agreement shall be binding upon, and shall inure to the
benefit of, the Parties and their respective successors and assigns (including, without limitation,
any purchaser of, or successor to, Company whether by stock purchase, asset purchase,
merger, consolidation, reorganization, liquidation or any other type of transaction).
16.Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be
Grand Island Council Session - 6/23/2015 Page 252 / 267
6
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
17.Non-Waiver. Waiver of or acquiescence by City and/or GIAEDC in any default
by Company, or any failure of City and/or GIAEDC to insist upon strict performance by
Company of any warranties, agreements or other obligations contained in this Agreement shall
not constitute a waiver of any subsequent or other default, failure or waiver of strict
performance, whether similar or dissimilar.
18.Relationship of Parties. The Parties have entered into this Agreement solely for
the purposes set forth in this Agreement. Nothing contained in this Agreement shall be
construed to create or imply any (a) partnership or joint venture by or among of the Parties, or
(b) any principal and agency relationship by or among the Parties.
19.Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Nebraska, without giving effect to its conflict of laws
principles.
20.Entire Agreement. This Agreement and the documents referred to in this
Agreement constitute the entire agreement of the Parties respecting the subject matter
contained in this Agreement and supersede any prior offers, understandings, agreements or
representations by and between the Parties, written or oral, which may have related to the
subject matter of this Agreement in any way.
21.Counterparts. This Agreement may be executed simultaneously in counterparts,
each of which shall be deemed an original, but which together shall constitute the same
instrument.
[The Remainder of This Page Intentionally Left Blank; Signature Page to Follow.]
Grand Island Council Session - 6/23/2015 Page 253 / 267
GIX Logistics
Economic Development Agreement
Signature Page
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first
above written.
GIX Logistics, Inc., a Nebraska corporation
By:______________________________________
Its:______________________________________
City of Grand Island, Nebraska
By:______________________________________
Its:______________________________________
Grand Island Area Economic Development
Corporation
By:______________________________________
Its:______________________________________
Grand Island Council Session - 6/23/2015 Page 254 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-163
WHEREAS, on November 6, 2012, the City of Grand Island adopted an
Economic Development Program and a Citizens Advisory Review Committee to oversee the
process of approving applications for economic development incentives; and
WHEREAS, GIX Logistics has applied for a forgivable loan for job creation and
training in the amount of $202,800.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of
the Economic Development Corporation on May 14, 2015 and was approved on June 4, 2015 by
the Citizens Advisory Review Committee; and
WHEREAS, GIX Logistics will be required to meet or exceed employment
numbers and employee salary levels as outlined in the Economic Development Agreement to
retain all of the economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic
development funding to GIX Logistics as provided by the Grand Island Economic Development
Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development
Agreement by and between the City, the Grand Island Area Economic Development Corporation
and GIX Logistics, to provide $202,800.00 in economic assistance to GIX Logistics to be used
for expanding its business in Grand Island, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 255 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item I-3
#2015-164 - Consideration of Approving Amendment to
Redevelopment Plan Area 1 located at 308-312 West 3rd Street
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/23/2015 Page 256 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-164
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to
be substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island,
Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of
the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan
pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114
of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the
Planning Commission, the recommendations of the Planning Commission to the City, and
following the public hearing with respect to the Redevelopment Plan, the City approved the Plan;
and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment
Plan, such project to be as follows: property acquisition, site preparation, planning activities
utilities extensions, landscaping, and fees associated with the redevelopment project. All
redevelopment activities will occur in Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
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- 2 -
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city
of Grand Island, Hall County, Nebraska, including the Redevelopment Project described
above, is hereby determined to be feasible and in conformity with the general plan for the
development of the City of Grand Island as a whole and the Redevelopment Plan,
including the Redevelopment Project identified above, is in conformity with the
legislative declarations and determinations set forth in the Act; and it is hereby found and
determined that (a) the redevelopment project in the plan would not be economically
feasible without the use of tax-increment financing, (b) the redevelopment project would
not occur in the community redevelopment area without the use of tax-increment
financing, and (c) the costs and benefits of the redevelopment project, including costs and
benefits to other affected political subdivisions, the economy of the community, and the
demand for public and private services have been analyzed by the City and have been
found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into
the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission with respect to the
Redevelopment Contract.
2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by
this Resolution, and the Authority is hereby directed to implement the Redevelopment
Plan in accordance with the Act.
3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall
be divided, for a period not to exceed 15 years after the effective date of this provision,
which effective date shall be January 1, 2016 as follows:
a.That proportion of the ad valorem tax which is produced by levy at the rate fixed
each year by or for each public body upon the Redevelopment Project Valuation
(as defined in the Act) shall be paid into the funds of each such public body in the
same proportion as all other taxes collected by or for the bodies; and
b.That proportion of the ad valorem tax on real property in the Redevelopment
Project in excess of such amount, if any, shall be allocated to, is pledged to, and,
when collected, paid into a special fund of the Authority to pay the principal of,
the interest on, and any premiums due in connection with the bonds, loans, notes
or advances of money to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such Authority for financing or refinancing, in whole or in
part, such Redevelopment Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad
valorem taxes upon real property in such Redevelopment Project shall be paid
into the funds of the respective public bodies.
c.The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and
Notice of Pledge of Taxes with respect to each Redevelopment Project.
Grand Island Council Session - 6/23/2015 Page 258 / 267
- 3 -
4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 259 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item I-4
#2015-165 - Consideration of Approving Architectural Services for
the Utilities Customer Service Building
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 6/23/2015 Page 260 / 267
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
William Clingman, Interim Finance Director
Craig Lewis, Building Department Director
Stacy Nonhof, Assistant City Attorney
Meeting:June 23, 2015
Subject:Architectural Services for Utilities Customer Service
Building
Item #’s:I-4
Presenter(s):Timothy Luchsinger, Utilities Director
William Clingman, Interim Finance Director
Background
In support of its financial operation requirements, the Utilities Department provides the
majority of funding for the Finance Department. Included in these financial operations
are customer services such as receiving billing payments, account starts, stops, and
transfers, and answering other account questions from customers.
While the billing system with these functions was recently replaced and allows
significant improvements for customers to perform these transactions electronically or by
phone, many customers still choose to conduct their business in person. The customer
service area currently in City Hall, including the parking area, does not provide
appropriate traffic patterns to adequately serve the walk-in demand during peak capacity
periods. Ingress and egress to the two customer service windows are at the narrowest
point of the entry hallway and waiting lines often extend back into the entrance doors.
The parking area is not large enough to provide sufficient parking and often customers
double park along the parking lot curbs, further impacting the traffic flow. Both of these
issues impact visitors to City Hall that are trying to conduct business with other City
Departments.
The Finance Department recently addressed staffing improvements with Council to
improve customer service, and included were discussions regarding the construction of a
new Utilities Customer Service Building. This building is proposed to be located at the
southeast corner of First and Sycamore Streets on property currently owned by the City.
Grand Island Council Session - 6/23/2015 Page 261 / 267
The costs of the building are proposed to be paid by Utilities Enterprise Funds in support
of its customer service operations.
Discussion
A Request for Proposal for Architectural Services for a new customer service building
was developed by City staff and issued in accordance with City purchasing requirements.
The services were to be provided in three phases, a conceptual design phase, a detailed
design phase to produce specifications and plans for construction bids, and a construction
management phase. Proposals were received by two firms and reviewed by Finance,
Building, and Utilities Department representatives based on factors of company and
personnel experience, proposal responsiveness, pricing, and commercial terms. The
review team consensus is that the proposal from Davis Design of Lincoln, Nebraska
provided the best combination of these factors for the architectural services required for
the new customer service building. It is the recommendation of the review team that the
Letter Form of Agreement with Davis Design be accepted for the Architectural Services
Project 2015-AS-2 and that they be authorized to proceed in Phase 1 of the project for a
not-to-exceed fee of $7,875.00. The proposed fees of $23,862.00 for Phase 2 and 1.5%
of construction costs for Phase 3 would be subject to Council approval at later dates.
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 award of Architectural
Services Project 2015-AS-2 to Davis Design of Lincoln, Nebraska and authorization to
proceed on Phase 1 of the project for a not-to-exceed fee of $7,875.00.
Sample Motion
Move to approve the award of Architectural Services Project 2015-AS-2 to Davis Design
of Lincoln, Nebraska and authorization to proceed on Phase 1 of the project for a not-to-
exceed fee of $7,875.00.
Grand Island Council Session - 6/23/2015 Page 262 / 267
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ARCHITECTURAL SERVICES PROJECT 2015-AS-2
RFP DUE DATE:June 16, 2015 at 4:00pm
DEPARTMENT:Utilities Department
PUBLICATION DATE:May 21, 2015
NO. POTENTIAL BIDDERS:5
SUMMARY OF PROPOSALS RECEIVED
Professional Associates Ltd.Davis Design
Omaha, NE Lincoln, NE
cc:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
P1819
Grand Island Council Session - 6/23/2015 Page 263 / 267
June 19, 2015
Mr. Tim Luchsinger
Utilities Director
City of Grand Island
100 E. 1st Street
Grand Island, Nebraska 68801
RE: Utilities Service Center
Agreement for Professional Fees
Phase 1 – Programming and Schematic Design
Dear Mr. Luchsinger:
This letter will serve as our Form of Agreement between the Owner (The City of
Grand Island, Nebraska) and the Architect (Davis Design) regarding the above
referenced project.
The Architect agrees to provide the following professional services to the Owner:
Compensation shall be on the basis of an hourly rate for those persons directly
involved with the project up to a top limit of $7,785.00 which will not be altered
without the express consent of the Owner.
Approximate hourly rates for services are as follows:
Principal ..................................................................................... $175.00
Project Manager ........................................................................ $150.00
Project Architect ......................................................................... $125.00
Architect ..................................................................................... $115.00
Architectural Designer ................................................................ $ 85.00
Structural Engineer ..................................................................... $150.00
Structural Designer ..................................................................... $ 85.00
Mechanical Engineer .................................................................. $130.00
Mechanical Designer .................................................................. $115.00
Electrical Engineer ..................................................................... $125.00
Electrical Designer ..................................................................... $ 95.00
CAD Technician ......................................................................... $ 80.00
Interior Designer ......................................................................... $ 80.00
Construction Administrator ........................................................ $ 95.00
Administrative ............................................................................ $ 60.00
Architecture
Engineering
Interior Design
Principals:
Jon P. Dalton, PE
Michael D. Marsh, AIA
Matthew C. Metcalf, AIA
Wade W. Stange, AIA
Michael A. Wachal, PE
Senior Associates:
J. Edward Bukacek, AIA
Dan L. Hemsath
Bryce G. Johnson, MS PE
James K. Luedke, PE
Renee M. Sheil
Brandon M. Sire, PE
Gregory T. Smith, AIA
Darin D. Sperling, PE
Leroy Svatora, AIA
Lincoln:
1221 N Street, Ste. 600
Lincoln, Nebraska 68508
Phone: (402) 476-9700
FAX: (402) 476-9722
Other Locations:
Vermillion, South Dakota
www.davisdesign.com
Architecture
Engineering
Interior Design
Principals:
Jon P. Dalton, PE
Michael D. Marsh, AIA
Matthew C. Metcalf, AIA
Wade W. Stange, AIA
Michael A. Wachal, PE
Senior Associates:
J. Edward Bukacek, AIA
Dan L. Hemsath
Bryce G. Johnson, MS PE
James K. Luedke, PE
Renee M. Sheil
Brandon M. Sire, PE
Gregory T. Smith, AIA
Darin D. Sperling, PE
Leroy Svatora, AIA
Lincoln:
1221 N Street, Ste. 600
Lincoln, Nebraska 68508
Phone: (402) 476-9700
FAX: (402) 476-9722
Other Locations:
Vermillion, South Dakota
www.davisdesign.com
Grand Island Council Session - 6/23/2015 Page 264 / 267
Page 2
Mr. Tim Luchsinger
June 19, 2015
Normal and customary reimbursable expenses limited to travel, printing, meals and communication
are included in the Architect’s compensation.
This agreement represents the entire agreement between the Owner and the Architect and supersedes
all prior negotiations or representations. The Owner and the Architect bind themselves and their
successors to this agreement.
Nothing contained in this agreement shall create a contractual relationship with or a cause of action in
favor of a third party against the Owner or Davis Design.
This Agreement shall commence on the date it has been Approved and Accepted by Owner and
Architect. Either party may terminate this agreement after not less than seven days notice. In the
event of terminations not the fault of the Architect, the Architect shall be compensated for the
services performed prior to the termination.
All documents produced by Davis Design under this agreement shall remain the property of Davis
Design and may not be used for any other endeavors without the consent of Davis Design.
If the scope of the project or of the Architect’s services is changed materially, the amounts of
compensation shall be adjusted.
If the terms and conditions of this Agreement is acceptable to you, please indicate your approval
where indicated below.
Thank you for the opportunity to be of service to you and The City of Grand Island.
Sincerely,
DAVIS DESIGN, INC.
Michael D. Marsh, AIA, LEED AP
Architect / Principal
APPROVED AND ACCEPTED:
OWNER: ARCHITECT:
Name of Client Davis Design, Inc.
Date Date
06/19/2015
Grand Island Council Session - 6/23/2015 Page 265 / 267
Approved as to Form ¤ ___________
June 19, 2015 ¤ City Attorney
R E S O L U T I O N 2015-165
WHEREAS, in support of its financial operation requirements, the Utilities
Department provides the majority of funding for the Finance Department; and
WHEREAS, the customer service area currently in City Hall, including the
parking area, does not provide appropriate traffic patterns to adequately serve the walk-in
demand during peak capacity periods; and
WHEREAS, the Finance Department recently addressed staffing improvements
with Council to improve customer service, and included were discussions regarding the
construction of a new Utilities Customer Service Building, and
WHEREAS, a Request for Proposal for architectural services for a new customer
service building was developed by City staff and issued in accordance with City purchasing
requirements, and
WHEREAS, Proposals were received by two firms and reviewed by Finance,
Building, and Utilities Department representatives based on factors of company and personnel
experience, proposal responsiveness, pricing, and commercial terms, and the review team
consensus is that the proposal from Davis Design of Lincoln, Nebraska provided the best
combination of these factors for the architectural services required for the new customer service
building.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Council accepts the Letter Form of
Agreement between Davis Design of Lincoln, Nebraska and the City of Grand Island for the
Architectural Services Project 2015-AS-2 and that Davis Design is authorized to proceed to
Phase 1 of the project for a not-to-exceed fee of $7,875.00.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/23/2015 Page 266 / 267
City of Grand Island
Tuesday, June 23, 2015
Council Session
Item J-1
Approving Payment of Claims for the Period of June 10, 2015
through June 23, 2015
The Claims for the period of June 10, 2015 through June 23, 2015 for a total amount of $8,311,019.77.
A MOTION is in order.
Staff Contact: William Clingman
Grand Island Council Session - 6/23/2015 Page 267 / 267