03-22-2016 City Council Regular Meeting Packet
City of Grand Island
Tuesday, March 22, 2016
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
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City of Grand Island Tuesday, March 22, 2016
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 Mark Oberbeck, Northridge Assembly of God, 3025
Independence Avenue
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-1
Public Hearing on Amendment to the Redevelopment Plan for
CRA Area 1 for a Site Specific Redevelopment Plan located at 110
East 3rd Street (Wing Properties)
Council action will take place under Resolutions item I-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 3 / 313
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:March 22, 2016
Subject:Amendment to Redevelopment Plan for CRA Area #1
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.
Wing Properties, the owner of the Williamsons Furniture Building has submitted a
proposed amendment to the redevelopment plan that would provide for renovation and
redevelopment of this property for commercial residential uses at 110 E 3rd Street in
Grand Island, Nebraska.
The CRA reviewed the proposed development plan on February 10, 2016 and forwarded
it to the Hall County Regional Planning Commission for recommendation at their
meeting on March 2, 2016. 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 March 2, 2016. The Planning Commission approved
Resolution 2016-03 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
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proposed project) and to enter into the record a copy of the plan amendment that would
authorize a redevelopment 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 is $566,000 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 $110,485
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Redevelopment Plan Amendment
Grand Island CRA Area 1
February 2016
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 BUILDING LOCATED AT 110 E. 3RD STREET
(WEST 1/3 OF WILLIAMSON’S FURNITURE STORE) FOR RETAIL USES ON THE
FIRST FLOOR AND A RESIDENTIAL APARTMENT ON THE SECOND FLOOR
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 west 1/3 of the Williamson’s Furniture Building located at 110 E
3rd Street into first floor retail space and a second floor apartment. The use of Tax
Increment Financing is an integral part of the development plan and necessary to make
this project affordable. The project will result in renovating 4,084 square feet of
commercial space and an additional upper story residential unit (2,714 square feet) and is
consistent with the downtown redevelopment plan and priorities to add 50 residential
units downtown by 2019. This project would not be possible without the use of TIF.
Wing Properties is the owner of the property. They purchased this property in 2015. The
purchase price is not included as an eligible TIF activity. 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”)
110 E 3rd Street in Grand Island Nebraska Kaufman Building
Legal Descriptions: West 22 feet of Lot 7, Block 54, Original Town of Grand Island,
Hall County, Nebraska.
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Existing Land Use and Subject Property
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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 space and upper story
residential 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 determined with the
approved redevelopment contract and be no later than January 1, 2018.
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.
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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)]
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City of Grand Island Future Land Use Map
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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, is vacant and has been vacant for more than 1 year; 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] No members of the
authority or staff of the CRA have any interest in this property.
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 $551,227.
Planning related expenses for Architectural and Engineering services of $10,000 and are
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included as a TIF eligible expense. Legal, Developer and Audit Fees including a
reimbursement to the City and the CRA of $5,000 are included as TIF eligible expense.
The total of eligible expenses for this project is $566,227.
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 $110,485 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.
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.
8. Time Frame for Development
Development of this project is anticipated to be completed between April 2016 and
December of 2017. Excess valuation should be available for this project for 15 years
beginning with the 2017 tax year.
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9. Justification of Project
This is an historic building in downtown Grand Island that will be preserved with this
project. The addition of a new upper story residential unit is consistent with goals to
build 50 new residential units in downtown Grand Island by 2019 and with the goals of
the 2014 Grand Island housing study and Grow Grand Island. The renovated commercial
space will provide opportunities for more businesses to locate downtown.
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
Redevelopment Project, including:
Project Sources and Uses. Approximately $110,485 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This property has received façade improvement funding
of $111,344 and is eligible for a life/safety grant of $20,000. This investment by the
Authority will leverage $414,398 in private sector financing; a private investment of
$1.71 for every TIF and grant dollar investment.1
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $90,000 $90,000
Site preparation $24,174 $24,174
Legal and Plan*$15,000 $15,000
Building Costs
Renovation $95,485 $431,568 $527,053
Personal Property
Soft Costs
TOTALS $110,485 $545,742 $656,227
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2016,
valuation of approximately $49,021. Based on the 2015 levy this would result in a real
property tax of approximately $1,083. It is anticipated that the assessed value will
increase by $333,245 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $7,364 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for a period of 15 years, or such shorter time as may be
1 This does not include any investment in personal property at this time.
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required to amortize the TIF bond, but would be used for eligible private redevelopment
costs to enable this project to be realized.
Estimated 2016 assessed value:$ 49,021
Estimated value after completion $ 382,266
Increment value $ 333,245
Annual TIF generated (estimated)$ 7,364
TIF bond issue $ 110,485
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $49,021. The
proposed redevelopment will create additional valuation of $333,245. 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;
This will provide additional housing options in the downtown area and will provide
commercial space for new or expanded commercial uses in the downtown.
(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.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
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This project is consistent the goals of the Council, the Downtown BID, the CRA, and
Grow Grand Island to create additional housing units in downtown Grand Island.
Time Frame for Development
Development of this project is anticipated to be completed during between April of
2016 and December 31 of 2017. 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 $110,485 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 $566,000 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: Wing Properties
Address: 120 East 3rd
Telephone No.: 308-398-2500
Fax No.: _
Contact: Dean Pegg
Brief Description of Applicant’s Business:
Owner of 120 East 3rd, home of The Chicken Coop.
Present Ownership Proposed Project Site: Wing Properties
Proposed Project: Building square footage, size of property, description of buildings – materials, etc.
Please attach site plan, if available.
4,048 s.f. main floor 2,714 s.f. second floor, wood framed two story mixed use building, formerly
part of Williamsons Interior
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If Property is to be Subdivided, Show Division Planned:
VI.Estimated Project Costs:
Acquisition Costs:
A. Land $ 0
B. Building $ 0
Construction Costs:
A. Renovation or Building Costs:$527,053
B. On-Site Improvements:$24,174
re-platting, demo, asbestos removal, tree removal, etc.
Soft Costs:
A. Architectural & Engineering Fees:$10,000
B. Financing Fees: $
Closing costs, filing fees
C. Legal/Developer/Audit Fees:$
D. Contingency Reserves:$
E. Other (Please Specify)
TIF fees $5,000
TOTAL $566,227
Total Estimated Market Value at Completion:$382,266
Source of Financing:
A. Developer Equity: $90,000
B. Commercial Bank Loan:$419,883
Tax Credits:
1. N.I.F.A.$
2. Historic Tax Credits $
Grand Island Council Session - 3/22/2016 Page 17 / 313
D. Industrial Revenue Bonds:$
E. Tax Increment Assistance:$110,485
F. Other
Life Safety Grant $20,000
Façade Grant $111,344
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
General Contractor: Amos Anson, Empire Development, PO Box 1665 Grand Island NE 68802 308-390-455 Structural Engineer: Mike
Spilinek, Olsson Associates 201 E. Second Street Grand Island, NE 68801 308-384-8750
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
See attached
Project Construction Schedule:
Construction Start Date: 2016
Construction Completion Date: 2017
If Phased Project:
2016 Year 50 % Complete
2017______________ Year 50% Complete
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:
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Wing Properties is asking for $110,485 in TIF. The reason for the request is to offset the cost of the
future taxes in order to have 15 years to pay off the construction loan before the taxes are
“increased”. This will allow the project to cash flow and therefore be a success.
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed
Project: Without TIF assistance the project will not cash flow and therefore will not be a successful
business venture. See attached pro forma.
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:
NA
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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Construction costs:
Commercial Residential Totals
Ins.,Int. & Permits $ 6,000.00 $ 2,000.00 $ 8,000.00
Demo $ 6,174.00 $ 18,000.00 $ 24,174.00
Carpentry Labor $ 7,203.00 $ 8,662.00 $ 15,865.00
Materials $ 7,096.99 $ 29,347.00 $ 36,443.99
Roofing labor $ 20,000.00 $ - $ 20,000.00
Plumbing $ 16,000.00 $ 18,000.00 $ 34,000.00
HVAC $ 26,000.00 $ 15,125.00 $ 41,125.00
Electric $ 16,000.00 $ 17,759.00 $ 33,759.00
Insulation $ 4,116.00 $ 5,700.00 $ 9,816.00
Drywall Hang $ 4,980.36 $ 5,700.00 $ 10,680.36
Drywall Finish $ 4,980.36 $ 5,700.00 $ 10,680.36
Paint $ 8,300.60 $ 7,500.00 $ 15,800.60
Trim Labor $ 4,116.00 $ 6,000.00 $ 10,116.00
Cabinets $ - $ 13,000.00 $ 13,000.00
Countertops $ - $ 6,000.00 $ 6,000.00
Flooring Allowance $ 21,688.80 $ 18,000.00 $ 39,688.80
Lighting Allowance $ 12,840.00 $ 3,000.00 $ 15,840.00
Electronics $ 12,000.00 $ - $ 12,000.00
Fire Sprinklers $ - $ 19,214.00 $ 19,214.00
Appliances $ - $ 5,000.00 $ 5,000.00
Architect $ - $ 10,000.00 $ 10,000.00
Elevator $ - $ - $ -
Sub Total $ 177,496.11 $ 213,707.00 $ 391,203.11
O&P $ 26,624.42 $ 32,056.05 $ 58,680.47
Total $ 204,120.53 $ 245,763.05 $ 449,883.58
Façade (2/3 of amount awarded) $ 111,344.00 $ 561,227.58
Cost:
Build out $561,227
Building Purchase $90,000
Total Investment $651,227
Without grants & TIF
Net Operating Income $35,869
Investment $651,227
CAP Rate 5.5%
With grants & TIF
Net Operating Income $42,025
Investment $509,883
CAP Rate 8.24%
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-2
Public Hearing on Amendment to the Redevelopment Plan for
CRA Area 15 for a Site Specific Redevelopment Plan located at 106
South Webb Road (Pump and Pantry, Inc.)
Council action will take place under Resolutions item I-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 24 / 313
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:March 22, 2016
Subject:Amendment to Redevelopment Plan for CRA Area #15
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2014, the Grand Island City Council declared property referred to as CRA Area #15 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.
Pump and Pantry Inc. has made an offer on and intended to purchase has submitted an
application for Tax Increment Financing to aid in the construction of a new Pump and
Pantry Store at 106 S. Webb Road (Lot 1 of Antonson’s Second Subdivision) at the
southwest corner of Webb Road and Old Potash Highway. Staff has prepared a
redevelopment plan for this property consistent with the TIF application.
The CRA reviewed the proposed development plan on February 10, 2016 and forwarded
it to the Hall County Regional Planning Commission for recommendation at their
meeting on March 2, 2016. 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 March 2, 2016. The Planning Commission approved
Resolution 2016-03 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
Grand Island Council Session - 3/22/2016 Page 25 / 313
proposed project) and to enter into the record a copy of the plan amendment that would
authorize a redevelopment 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 #15 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 acquisition of this property for uses as a Pump and Pantry
convenience store. 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 a minimum of
$992,000 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 $748,688
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Redevelopment Plan Amendment
Grand Island CRA Area 15
February 2016
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 15 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific project in Area 15.
Executive Summary:
Project Description
THE REDEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF WEBB ROAD AND OLD POTASH HIGHWAY (LOT 1 OF
ANTONSON SECOND SUBDIVISION) FOR USE AS A LATEST GENERATION
BOSSELMAN PUMP AND PANTRY STORE INCLUDING ACQUISTION OF
PROPERERTY AND NECESSARY INFRASTRUCTURE AND GRADING
IMPROVEMENTS.
The use of Tax Increment Financing to aid in rehabilitation expenses associated with
acquisition of property and necessary infrastructure and grading improvements to
redevelop 106 S. Webb Road (Lot 1 of Antonson Second Subdivision in the City of
Grand Island). The use of Tax Increment Financing is an integral part of the
development plan and necessary to make this project affordable. The project will result
in the construction of a newest generation Pump and Pantry store and carwash on a piece
of property that has been vacant for a number of years. The developers feel this project,
at this location would not be possible without the use of TIF.
Pump and Pantry Inc. made an offer to purchase this property for $900,000 contingent on
their ability to secure TIF for the project to offset a portion of the acquisition cost.
Acquisition of property is an eligible TIF activity. The property is currently vacant the
buildings that were on this property were removed by the current property owner in
preparation for redevelopment.. 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”)
106 S Webb Road in Grand Island Nebraska
Legal Descriptions: Lot 1 of Antonson Second Subdivision in Grand Island, Hall
County, Nebraska.
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Existing Land Use and Subject Property
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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 the construction of a
convenience store at this location as permitted in the M2 Heavy Manufacturing
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 January 14, 2014.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
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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:
This Redevelopment Plan for Area #15 provides and anticipates real property acquisition
by the developer. 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. All structures on the property were removed by
the current property owner.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The area
immediately to the north and east of this property is planned for commercial or highway
commercial development. The Nebraska Department of Roads has the property to the
south and the property to the west is used for commercial purposes. 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)]
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City of Grand Island Future Land Use Map
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d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned M2 Heavy Manufacturing 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 proposing to build on the site within the constraints allowed by the
current zoning district. [§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.
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 has been
vacant with no structures for several years, 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] No members of the
authority or staff of the CRA have any interest in this property.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer has a contract to purchase this property contingent on approval of the Tax
Increment Financing. The cost this property is $900,000 and would be a TIF eligible
expense. Grading, storm water management, utility connections and extensions,
landscaping and similar site improvements are estimated at $600,000 a portion of which
would be eligible for TIF. Planning related expenses for Architectural and Engineering
services of $85,000 and are included as a TIF eligible expense. Legal, Developer and
Audit Fees including a reimbursement to the City and the CRA of $7,000 are included as
Grand Island Council Session - 3/22/2016 Page 32 / 313
TIF eligible expense. The total of eligible expenses for this project is $992,000 at a
minimum and potentially as much at $1,592,000.
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 $748,688 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 blighted conditions
including vacant and underutilized building sites.
8. Time Frame for Development
Development of this project is anticipated to be completed between April 2016 and
December of 2017. Excess valuation should be available for this project for 15 years
beginning with the 2017 tax year.
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9. Justification of Project
This space has been vacant for a number of years and has not sold or redeveloped even
with aggressive marketing by the owner. The proximity of and appearance of the
Nebraska Department of Roads equipment yards adjacent to the site may have an
influence on the perceived value of the site. The proposed use and plan would provide
screening of the NDOR site from the north. Screening from the south will not be
possible without cooperation from NDOR.
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
Redevelopment Project, including:
Project Sources and Uses. Approximately $748,688 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
$2,993,312 in private sector financing; a private investment of $3.99 for every TIF and
grant dollar investment.1
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $748,688 $151,312 $90,000
Site preparation $600,000 $24,174
Legal and Plan*$920,00 $15,000
Building Costs $2,000,000 $2,000,000
Renovation $527,053
Personal Property
Soft Costs $150,000 $150,000
TOTALS $748,688 $2,993,312 $3,741,820
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2016,
valuation of approximately $393,355. Based on the 2015 levy this would result in a real
property tax of approximately $8,692. It is anticipated that the assessed value will
increase by $2,258,730 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $49,913 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for a period of 15 years, or such shorter time as may be
1 This does not include any investment in personal property at this time.
Grand Island Council Session - 3/22/2016 Page 34 / 313
required to amortize the TIF bond, but would be used for eligible private redevelopment
costs to enable this project to be realized.
Estimated 2016 assessed value:$ 393,355
Estimated value after completion $ 2,652,085
Increment value $ 2,258,730
Annual TIF generated (estimated)$ 49,913
TIF bond issue $ 748,688
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $393,355.
The proposed redevelopment will create additional valuation of $2,258,730. 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.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This will have minimal impact on employers or employees within the redevelopment
project area. It will create a need for additional employees within Bosselman Inc.
(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.
(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 produce sales tax from items sold and property taxes on the personal
property located within the store and carwash.
Grand Island Council Session - 3/22/2016 Page 35 / 313
Time Frame for Development
Development of this project is anticipated to be completed during between April of
2016 and December 31 of 2017. 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 $748,688 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 between $992,000 and $1,592,000 on TIF eligible activities.
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-3
Public Hearing on Request to Rezone Property located at the South
End of Hillside Drive from TA – Transitional Agriculture to LLR –
Large Lot Residential (Paul Mader)
Council action will take place under Ordinance item F-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 43 / 313
Council Agenda Memo
From:Regional Planning Commission
Meeting:March 22, 2016
Subject:Rezone from TA – Transitional Agriculture Zone to LLR
– Large Lot Residential Zone
Item #’s:
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
An application has been made to rezone property proposed for platting as Maderville
Subdivision located at the south end of Hillside Drive, east of Engleman Road, in the W
½ of Section 35, Township 11 North, Range 10, West of the 6th P.M. in Hall County,
Nebraska from TA – Transitional Agriculture Zone to LLR – Large Lot Residential Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held March 2, 2016 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained an application has been made to rezone 4 acres at the south end
of Hillside Drive east of Engleman Road from TA Transitional Agriculture to
LLR Large Lot Residential Zone.
O’Neill closed the Public Hearing.
A motion was made by Hoggatt and seconded by Ruge to approve the
Rezone request as presented.
The motion carried with 11 members present and all voting in favor
(O’Neill, Huismann, Ruge, Apfel, Maurer, Kjar, Connick, Rainforth,
Hoggatt, Sears and Monter) and no member abstaining.
The memo sent to the planning commission with staff recommendation is
attached for review by Council.
Alternatives
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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 as presented.
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Agenda Item #8
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
February 22, 2016
SUBJECT: Zoning Change (C-14-2016GI)
PROPOSAL:An application has been made to rezone 4 acres at the south end of
Hillside Drive east of Engleman Road from TA Transitional Agriculture to LLR Large Lot
Residential Zone.
OVERVIEW:
Site Analysis
Current zoning designation:TA- Residential Development
Permitted and conditional uses:TA- Agricultural uses, recreational uses and
residential uses at a density of 1 unit per 20 acres
with limited exceptions including one ½ acre lot per
80 acre parcel or splitting an existing farmstead (10
year old) from a parcel of 20 acres.
Comprehensive Plan Designation:Low to Medium Density Residential
Existing land uses.Vacant Ground-Trees
Adjacent Properties Analysis
Current zoning designations:North: LLR- Large Lot Residential
East, South, and West: TA Transitional Agriculture
Permitted and conditional uses:LLR- Agricultural uses, recreational uses and
residential uses at a density of 2 dwelling units per
acre TA- Agricultural uses, recreational uses and
residential uses at a density of 1 unit per 20 acres
with limited exceptions including one ½ acre lot per
80 acre parcel or splitting an existing farmstead (10
year old) from a parcel of 20 acres.
Comprehensive Plan Designation:East West, North and South: Low to Medium
Density Residential
Existing land uses:North: Houses in Large Lot Residential Zone
East: Existing home on large lot
West and South: Farm Ground
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EVALUATION:
Positive Implications:
In general conformance with the City’s Comprehensive Land Use Plan: This
particular site is designated Low to Medium Density Residential within the plan.
Monetary Benefit to Applicant: As always this change has the potential to benefit the
applicant monetarily.
Consistent with the zoning to the north and the use to the east. The houses on the
north are all zoned LLR.
Negative Implications:
None foreseen
Other
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Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan
Grand Island Council Session - 3/22/2016 Page 49 / 313
RECOMMENDATION:
That the Regional Planning Commission recommends that the Grand Island City
Council change the zoning on this site from TA – Transitional Agriculture Zone to
LLR Large Lot Residential Zone.
___________________ Chad Nabity
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-4
Public Hearing on Section 5311 Operating Assistance Application
Regarding Transit Services
Council action will take place under Request and Referrals item H-3.
Staff Contact: Chad Nabity, Regional Planning Director
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Council Agenda Memo
From:John Collins PE, Public Works Director
Meeting:March 22, 2016
Subject:Public Hearing on Section 5311 Operating Assistance
Application Regarding Transit Services
Presenter(s):Chad Nabity, Regional Planning Director
Background
Since the mid-1970s, Hall County, using Section 5311 Rural Transit Funding, has
provided elderly and para-transit services through Senior Citizens Industries, Inc. Over
the years, this service has evolved into a full-scale, portal-to-portal transit service,
providing transportation to all residents of Hall County through a combination of buses
and discounted cab vouchers.
In March of 2012, the City of Grand Island Census Defined Urbanized Area reached a
population of greater than 50,000 people and Grand Island was classified as a
metropolitan statistical area. This designation changes the funding streams and
responsibilities for a number of programs, including those used to provide Transportation
Services within the City of Grand Island. With this new designation, Section 5307 Urban
Transit Funds became available to the City of Grand Island. On September 25, 2012 the
Grand Island City Council authorized the Mayor to send a letter requesting the City of
Grand Island be named the recipient of these transit funds. The Governor then approved
the request.
On August 26, 2014 City Council approved Resolution No. 2014-259 which allowed for
the City to fund transit services within the City through the existing contract between
Hall County and Senior Citizen Industries, Inc., until such time the City is ready to
authorize a separate contract for the provision of transit services within the City.
Discussion
It is now time for the City to prepare for management of the transit service through
Section 5307 funding. This will allow the City to be the direct recipient of such funding,
which is approved through the Metropolitan Planning Organization (MPO), from the
Federal Government.
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The City is to assume management of the transit service on July 1, 2016; therefore a
Request for Proposals is currently being developed to solicit vendors for providing transit
services.
The chosen transit service vendor will be presented to City Council for contract approval.
This public hearing is being held to notify the public and take comments on the change of
funding streams for transit programs within the urbanized area of the City of Grand
Island.
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-5
Public Hearing on Development of 2017-2019 Consolidated Plan
Including Fiscal Year 2017 Action Plan for CDBG Activities
Council action will take place under Request and Referrals item H-4.
Staff Contact: Charley Falmlen
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Council Agenda Memo
From:Charley Falmlen, Community Development
Meeting:March 22, 2016
Subject:Public Hearing on Development of 2017-2019
Consolidated Plan Including Fiscal Year 2017 Action
Plan for CDBG Activities
Presenter(s):Charley Falmlen, Community Development
Background
Grand Island began the process of becoming an Entitlement Community in September
2015. A large part of the planning process for this Community Development Block Grant
(CDBG) model is the creation of the 3, 4 or 5-year Consolidated Plan, which also
includes the Annual Action Plan. The City has chosen to complete a 3-year Consolidated
Plan. The Annual Action Plan for Fiscal Year 2017 is included in the Consolidated Plan
for 2017-2019. A separate Annual Action Plan is prepared for each Fiscal Year, in which
a Consolidated Plan is not created.
The Consolidated Plan represents the City’s goals for CDBG funding in broad scope, it
identifies the areas and focus of CDBG priorities. The Annual Action Plan breaks down
the priorities and lists specific dollar amounts and which projects will be funded in the
following fiscal year.
Discussion
To gain perspective on the City’s goals for funding priorities over the next 3 years and to
meet the consultation requirements of the Consolidated Plan, the City created and
distributed a “Community Needs Assessment” to the organizations and groups that HUD
identified in the consultation requirements. The survey asked respondents to rank
priorities that were identified by merging Grow Grand Island goals with CDBG National
Objectives the 5 Priorities are as follows:
•Increase Quality & Affordable Housing Options
•Improve Public Facilities
•Create Re-Investment Opportunities in Downtown
•Cultivate Small and Emerging Businesses
•Support Public Services for Neighborhoods and Vulnerable Populations
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These priorities and their ranking are elaborated on in the Power Point
presentation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Accept the report on the Development of 2017-2019 Consolidated Plan
Including Fiscal Year 2017 Action Plan for CDBG Activities
2.Do not accept the Development of 2017-2019 Consolidated Plan Including
Fiscal Year 2017 Action Plan for CDBG Activities
Recommendation
City Administration recommends that the Council accept the Development of 2017-2019
Consolidated Plan Including Fiscal Year 2017 Action Plan for CDBG Activities
Sample Motion
Move to accept the Development of 2017-2019 Consolidated Plan Including Fiscal Year
2017 Action Plan for CDBG Activities.
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Development of 2017-2019
Consolidated Plan Including Fiscal Year
2017 Action Plan for CDBG Activities
March 22, 2016
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Objective
To inform the public of the priorities identified by the
Community Needs Assessment and the planned
priorities for CDBG funding through the 2017-2019
Consolidated Plan and Fiscal Year 2017 Annual Action
Plan.
HUD requires the Community Development Division to
hold one public hearing during the planning process,
and another once the plan is complete and ready for
submission.
COMMUNITY
DEVELOPMENT
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The Funding Priorities
To gain perspective on the City’s goals for funding priorities over the next 3
years and to meet the consultation requirements of the Consolidated Plan, the
City created and distributed a “Community Needs Assessment” to the
organizations and groups that HUD identified in the consultation requirements.
The survey asked respondents to rank priorities that were identified by
merging Grow Grand Island goals with CDBG National Objectives the 5
Priorities are as follows :
Increase Quality & Affordable Housing Options
Improve Public Facilities
Create Re-Investment Opportunities in Downtown
Cultivate Small and Emerging Businesses
Support Public Services for Neighborhoods and Vulnerable Populations
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 59 / 313
Methodology
Survey respondents were asked to rank each priority on
a scale of 1 to 5. Each ranking was awarded a point
value, for example if a priority was ranked #1, it
received 1 point. If it was ranked #2, it received 2
points and so on for each priority on each survey.
Therefore, the priority that received the lowest score,
was considered the highest priority.
COMMUNITY
DEVELOPMENT
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#1 Increase Quality & Affordable Housing
Options ( 83 Points)
GranderVision: #3, #4, #8
GGI: 5.9
CDBG National Objectives: Acquisition of Real Property, Rehabilitation, Construction of Housing, Code Enforcement,
Homeownership Assistance
Annual Action Plan Possibilities:
Housing Development Corporation ( Purchase, Rehab, Resell and Down Payment Assistance)
Downtown Upper Story Grant Support
Incentives for CROWN Developments
Rental Housing Assistance Program for Veterans
COMMUNITY
DEVELOPMENT
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#2 Cultivate Small and Emerging Business
(136 Points)
GranderVision: #16
GGI: 1.1, 2.2
CDBG National Objectives: Code Enforcement, Special Economic Development Activities, Microenterprise Assistance
Annual Action Plan Possibilities:
Small Business Rent Assistance
Parking Lot Improvements (4 th Street & Downtown)
Develop 3 rd Street CRA Lot
Planning Grant for Downtown BID
COMMUNITY
DEVELOPMENT
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#3 Support Public Services for
Neighborhoods & Vulnerable Populations
( 143 Points)
GranderVision: #14, #15, #18
GGI: 5.14, 5.15
CDBG National Objectives: Public Facilities and Improvements, Public Services, Code Enforcement
Annual Action Plan Possibilities:
Support for Homeless Shelters/Crisis Centers
Fund a study/research plan for citywide Homelessness Strategy
Development of Neighborhood Associations including training and workshops
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 63 / 313
#4 Improve Public Facilities
( 147 Points)
GranderVision: #12, #18
GGI: 3.3
CDBG National Objectives: Public Facilities and Improvements, Rehabilitation, Code Enforcement, Special Economic
Development Activities
Annual Action Plan Possibilities:
Parking Lot Improvements (4 th Street & Downtown)
Develop 3 rd Street CRA Lot
Planning Grant for Downtown BID
Development of Neighborhood Associations including training and workshops
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 64 / 313
#5 Create Re-Investment Opportunities in
Downtown ( 164 Points)
Grander Vision: #7
GGI: 5.1
CDBG National Objectives: Rehabilitation, Special Economic Development Activities, Microenterprise Assistance
Annual Action Plan Possibilities:
Parking Lot Improvements (4 th Street & Downtown)
Develop 3 rd Street CRA Lot
Planning Grant for Downtown BID
Downtown Upper Story Grant Support
Small Business Rent Assistance (would not be limited to downtown, but would further downtown
development)
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 65 / 313
Overview
The next step in the Consolidated Plan and Annual Action Plan process is for City staff
to identify which Annual Action Plan Possibilities are most feasible and assign a dollar
amount to them based on funding availability.
HUD recently announced that the City of Grand Island will receive $ $348,927 in
CDBG Funds for fiscal year 2017. Community Development Administration fees will
come out of the sum, and the remainder will go to eligible projects.
Community Development has also created a Stakeholders group to serve as a
consultation body during the process of deciding on CDBG funding amounts.
The next public hearing which will review the exact dollar amounts for each project
will be held in late June or early July.
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 66 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item E-6
Public Hearing on Progress of Current CDBG Activities
Council action will take place under Request and Referrals item H-5.
Staff Contact: Charley Falmlen
Grand Island Council Session - 3/22/2016 Page 67 / 313
Council Agenda Memo
From:Charley Falmlen, Community Development
Meeting:March 22, 2016
Subject:Public Hearing on Progress of Current CDBG Activities
Presenter(s):Charley Falmlen, Community Development
Background
The City of Grand Island currently has five active Community Development Block
Grants (CDBG.) As part of the City’s Citizen Participation Plan for State CDBG
Activities, the City is required to present a 2nd Public Hearing, in addition to the initial
Public Hearing requesting approval for application.
The currently active CDBG grants are:
10-ED-010 – Economic Development of Platte Valley Industrial Park East
12-DTR-104 – Downtown Revitalization Phase II
13-CR-002 – Comprehensive Revitalization Phase I
13-CR-102 - Comprehensive Revitalization – Phase I Supplemental
14-CR-002 – Comprehensive Revitalization – Phase II
Discussion
An overview of all active CDBG projects will be elaborated on in the slide show presentation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Accept the report on the Progress of Current CDBG Activities.
2.Do not accept the report of the Progress of Current CDBG Activities.
Recommendation
City Administration recommends that the Council accept the report on Progress of
Current CDBG Activities.
Sample Motion
Move to accept the report of the Progress of Current CDBG Activities.
Grand Island Council Session - 3/22/2016 Page 68 / 313
Progress of CDBG Activities
March 22, 2016
Grand Island Council Session - 3/22/2016 Page 69 / 313
Objective
To inform the public of the current status of CDBG
activities and projects in the City of Grand Island.
The State requires the City to hold one public hearing
during the progress of CDBG projects as a matter of due
diligence to the public in regard to the use of these
Federal funds.
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 70 / 313
ACTIVE CDBG GRANTS
COMMUNITY
DEVELOPMENT
GRANT AMOUNT USE CLOSEOUT
10-ED-010 $935,000 PVIP - EAST 3-25-2017
12-DTR-104 $370,000 KC PLAZA &
DOWNTOWN
REVITALIZATION
FUND GRANT
(TCB)
4-12-2016
13-CR-002 &
SUPPLEMENTAL
$530,000 4TH STREET &
LION’S CLUB PARK
9-29-2016
14-CR-002 $220,000 4TH STREET &
LION’S CLUB PARK
9-29-2016
Grand Island Council Session - 3/22/2016 Page 71 / 313
10-ED-010
This grant provided funds to develop infrastructure at Platte Valley Industrial Park -
East
Conditional Grant which requires the creation of 37 jobs made available to
Low-Moderate Income individuals
Hendrix – ISA secured as business January 2016
Community Development Division currently working with EDC to ensure
proper documentation of job creation
Extension will be required – as jobs must be documented in place for one full
year
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 72 / 313
12-DTR-104
This grant provided funding for development of Downtown Initiatives
KC Plaza (primarily CDBG Funds) completed in October 2015
The Chocolate Bar Awarded Downtown Revitalization Grant in November
2015
The Chocolate Bar finished construction on March 16, 2016
Project closeout to happen within next 20 days.
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 73 / 313
13-CR-002, 13-CR-102 & 14-CR-002
Originally granted to do Owner Occupied Rehab (OOR) and Storm Sewers
along 4th & 5th Street
Project has changed greatly in scope, little interest in OOR
Project directed towards ADA ramps and sidewalks along 4 th & 5th Street
Project currently being re-designed in house to include Lion’s Club Park
updates
Construction to begin Spring 2016
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 74 / 313
Overview
With the exception of documenting job creation for 10-ED-010, the
Community Development Division intends to have all CDBG projects with the
State closed out before the transition to the Entitlement model becomes active
on October 1, 2016.
Despite having a closed status, the Community Development Division will
have onsite and desktop monitoring visits from the State past the point of grant
closeout.
COMMUNITY
DEVELOPMENT
Grand Island Council Session - 3/22/2016 Page 75 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item F-1
#9579 – Consideration of Request to Rezone Property located at
the South End of Hillside Drive from TA – Transitional
Agriculture to LLR – Large Lot Residential (Paul Mader)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 76 / 313
Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9579
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 located in a part of
the W ½ of Section 35 Township 11 North, Range 10 West of the 6th PM in Hall County,
Nebraska, from TA Transitional Agriculture Zone and LLR Large Lot Residential; 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 March 2, 2016, 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 March 22, 2016, 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 to LLR Large Lot Residential Zone:
A tract of land commencing at the southwest corner of Lot 16, Westroads Estates
Fourth Subdivision; thence on and assumed bearing of N89°28’40”E, along the
south line of Lots 16, 17, and 29, Westroads Estates Fourth Subdivision, a
distance of 566.16 feet to the northwest corner of Lot 1, Westroads Estates Fifth
Subdivision; Thence S00°27’38”E, along the west line of said Lot 1 Westroads
Estates Fifth Subdivision, a distance of 341.08 feet to the southwest corner of said
Lot 1, Westroads Estates Fifth Subdivision; thence S89°28’11”W a distance of
566.56 feet; thence N00°23’36”W a distance of 341.17 feet to the Point of
beginning, all located in the W ½ of Section 35 Township 11 North, Range 10
West of the 6th PM in Hall County, Nebraska
Grand Island Council Session - 3/22/2016 Page 77 / 313
ORDINANCE NO. 9579 (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: March 22, 2016
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 78 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-1
Approving Minutes of March 8, 2016 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/22/2016 Page 79 / 313
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 8, 2016
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on March 8, 2016. Notice of the meeting was given in The Grand Island Independent on
March 2, 2016.
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, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
Julie Hehnke was absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry
Janulewicz, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Sarah Sugita and board member
Erin Blauhorn.
INVOCATION was given by Pastor Caroline Price-Gibson, First Presbyterian Church, 2103
West Anna Street followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EQUALIZATION: Motion by Minton, second by Donaldson to adjourn to the
Board of Equalization. Motion adopted.
#2016-BE-2 - Consideration of Determining Benefits for 2015 Weed/Nuisance Abatement
Program. Assistant City Attorney Stacy Nonhof reported that City Code allowed for abating
nuisances on properties. The City Council was asked to determine the benefits for nuisance
abatement and the weed abatement program for 2015. Staff recommended approval. Discussion
was held regarding the process and repeat offenders.
Motion by Donaldson, second by Stelk to approve Resolution #2016-BE-2. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Fitzke, second by Stelk to return to Regular
Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearing on Request from Heritage Hospitality, LLC dba Mainstay Suites, 3051 South
Locust Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an
application for a Class “I” Liquor License had been received from Heritage Hospitality, LLC dba
Mainstay Suites, 3051 South Locust Street. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
February 20, 2016; notice to the general public of date, time, and place of hearing published on
February 27, 2016; notice to the applicant of date, time, and place of hearing mailed on February
11, 2016; along with Chapter 4 of the City Code. Staff recommended approval contingent upon
final inspections and completion of a state approved alcohol server/seller training program. Staff
Grand Island Council Session - 3/22/2016 Page 80 / 313
Page 2, City Council Regular Meeting, March 8, 2016
recommended approval. Ralph Bradley, 132 Ponderosa Drive, attorney for the applicant spoke in
support. No further public testimony was heard.
Public Hearing on Request from Viaero Wireless for a Conditional Use Permit for a Wireless
Telecommunication Tower located at 1801 Santa Anita Drive. Building Department Director
Craig Lewis reported that Viaero Wireless had submitted an application for a Conditional Use
Permit for a 75’ monopole telecommunication tower located at 1801 Santa Anita Drive. Staff
recommended approval. Chris Riha, 3560 Hillside Drive representing Viaero spoke in support.
No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement at 2304 Memorial Park Road (Joan
Kirkpatrick). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2304 Memorial Park Road was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The Utilities
Department had an existing overhead power line along the southerly side of the Kirkpatrick
property. The line was originally built in approximately 1951. At the time of its initial
installation, no easement was acquired as it only severed the grantor’s property. The power line
needs to be rebuilt, upgraded and brought up to current design configuration. The easement
would clear up the gap in access for operation and maintenance of the electrical infrastructure.
Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement at 3763 West Capital Avenue (TS12 Phase II,
LLC). Public Works Director John Collins reported that an additional public utility easement was
needed to accommodate public utilities for redevelopment of the property at 3763 West Capital
Avenue. The easement would allow for the construction, operation, maintenance, extension,
repair, replacement, and removal of public utilities within the easement. Staff recommended
approval. No public testimony was heard.
ORDINANCES:
Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinances numbered:
#9577 - Consideration of Determining Benefits for 2015 Weed/Nuisance Abatement
Program
#9578 - Consideration of Amendments to Chapter 15 of the Grand Island City Code
Relative to Electricity
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Stelk seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
#9577 - Consideration of Determining Benefits for 2015 Weed/Nuisance Abatement
Program
Motion by Stelk, second by Haase to approve Ordinance #9577.
Grand Island Council Session - 3/22/2016 Page 81 / 313
Page 3, City Council Regular Meeting, March 8, 2016
City Clerk: Ordinance #9577 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 #9577 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 second and final
readings, Ordinance #9577 is declared to be lawfully adopted upon publication as required by
law.
#9578 - Consideration of Amendments to Chapter 15 of the Grand Island City Code
Relative to Electricity
Utilities Director Tim Luchsinger reported that in review of Chapter 15, Electricity, of the City
Code for recent required revisions, City staff came across inaccuracies due to changes over time
and opted to conduct substantial edits that reflect current terminologies and organizational
structure currently in place in the City. Also included was an addition of actual cost of air
emission control reagents used by power plants to the calculation for the Power Cost Adjustment
resulting in a rate increase of 1½ to 2%.
Discussion was held regarding fuel additives, air emissions, and fuel cost adjustments.
Motion by Haase, second by Paulick to approve Ordinance #9578.
City Clerk: Ordinance #9578 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 #9578 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 second and final
readings, Ordinance #9578 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda item G-5 (Resolution #2016-42) was pulled for further
discussion. Motion by Minton, second by Jones to approve the Consent Agenda excluding item
G-5. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of February 23, 2016 City Council Regular Meeting.
#2016-39 - Approving Bid Award for Unit # 1686 - Truck Chassis with Service Crane Body &
Tip Mounted Hydraulic Capstan - Underground Division with Dillon Ford of Ceresco, NE in an
Amount of $101,528.00.
#2016-40 - Approving Bid Award for Water Main Project 2015-W-10 - Citation Way & Gulf
Stream Drive with The Diamond Engineering Company of Grand Island, NE in an Amount of
$221,965.04.
Grand Island Council Session - 3/22/2016 Page 82 / 313
Page 4, City Council Regular Meeting, March 8, 2016
#2016-41 - Approving Bid Award for Transmission Line Work - Line 1093 with Watts Electric
Company of Waverly, NE in an Amount of $1,493,900.79.
#2016-42 - Approving Bid Award for Paving Project 2015-P-6 - Jefferson Street from 3rd Street
to South Front Street with The Diamond Engineering Company of Grand Island, NE in an
Amount of $218,749.16. Comments were made regarding the positive work the Utilities
Department was doing with this project.
Motion by Nickerson, second by Minton to approve Resolution #2016-42. Upon roll call vote, all
voted aye.
#2016-43 - Approving Bid Award for Precipitator, Bottom Ash and Boiler Industrial Cleaning -
Spring 2016 with Meylan Enterprises of Omaha, NE in an Amount of $164,981.80.
#2016-44 - Approving Purchase of a One (1) Ton Truck with Utility Body (Unit #1679) for the
Utilities Department, Underground Division from the State Contract #14330 OC with Sid Dillon
of Ceresco, NE in an Amount of $50,961.00.
#2016-45 - Approving Acquisition of Utility Easement - 2304 Memorial Park Road (Joan
Kirkpatrick).
#2016-46 - Approving Purchase of 2017 Truck with 55 Foot Articulating Overcenter Aerial
Device (Unit #1555) - Electric Overhead Division with Altec Industries, Inc. in an Amount of
$272,507.00.
#2016-47 - Approving Acquisition of Utility Easement at 3763 West Capital Avenue (TS12
Phase II, LLC).
#2016-48 - Approving Change Order No. 4 to the Contract with Van Kirk Brothers Contracting
of Sutton, NE for Sanitary Sewer District No. 528 and No. 530T for an Increase of $40,351.55
and a Revised Contract Amount of $3,450,814.22.
#2016-49 - Approving Request from the YMCA for Permission to Use City Streets and State
Highway for the 2016 June Jamboree Race.
#2016-50 - Approving Amendment No. 2 to Agreement for Engineering Consulting Services for
Step 7 Detailed Site Assessment at the Former Grand Island Disposal Area with G.N. Kuhn
Engineering, LLC of Omaha, NE for an Increase of a Maximum Amount of $23,193.00 and a
Revised Agreement Amount of $114,593.00.
#2016-51 - Approving Purchase of a New Heated Rubberized Asphalt Crack Sealing Machine
for the Street Division from Logan Contractors Supply of Omaha, NE in an Amount of
$35,677.00.
#2016-52 - Approving Change Order No. 6 for North Interceptor Phase II; Project No. 2013-S-4
with S.J. Louis Construction, Inc. of Rockville, MN for a Net Zero Cost Change.
Grand Island Council Session - 3/22/2016 Page 83 / 313
Page 5, City Council Regular Meeting, March 8, 2016
#2016-53 - Approving Certificate of Final Completion and Scheduling the Board of Equalization
for Sanitary Sewer District No. 535T, Ext of Sanitary Sewer to Serve Part Lot 1; Voss
Subdivision, Lots 1 & 2 Windolph’s Subdivision, and Part NW ¼ of Section 14, Township 11 N,
Range 9 W with Merryman Excavation, Inc. of Woodstock, IL.
#2016-54 - Approving Certificate of Final Completion and Scheduling the Board of Equalization
for Sanitary Sewer District No. 537T, Ext of Sanitary Sewer to Serve Lot One (1) and Lot Two
(2), TLST Spiehs Subdivision and Part of the N Ten (10) Acres of the W Half of the NW
Quarter(W1/2NW1/4) with S.J. Louis Construction, Inc. of Rockville, MN.
#2016-55 - Approving Request from Heritage Hospitality, LLC dba Mainstay Suites, 3051 South
Locust Street for a Class “I” Liquor License and Liquor Manager Designation for Crystal Carr-
Sherman, PO Box 266, Alda, NE.
#2016-56 - Approving Change Order #2 for The Chocolate Bar - Banquet Hall with Fox
Construction of Grand Island, NE for no Increase in the Contract Amount.
REQUESTS AND REFERRALS:
Consideration of Approving Request from Viaero Wireless for a Conditional Use Permit for a
Wireless Telecommunication Tower located at 1801 Santa Anita Drive. This item was related to
the aforementioned Public Hearing. Discussion was held regarding the abandonment of
telecommunication poles. Mr. Lewis stated it was addressed in City Code.
Motion by Haase, second by Stelk to approve the request from Viaero Wireless for a Conditional
Use Permit for a Wireless Telecommunication Tower located at 1801 Santa Anita Drive. Upon
roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Minton to approve the Claims for the period of February 24,
2016 through March 8, 2016 for a total amount of $4,962,052.36. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:46 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/22/2016 Page 84 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-2
Approving Minutes of March 15, 2016 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/22/2016 Page 85 / 313
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
March 15, 2016
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
March 15, 2016. Notice of the meeting was given in the Grand Island Independent on March 10,
2016.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Linna Dee Donaldson, Michelle
Fitzke, Vaughn Minton, and Roger Steele. Councilmembers Mike Paulick, Julie Hehnke, and
Jeremy Jones were absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry
Janulewicz, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Sarah Sugita.
INVOCATION was given by Community Youth Council member Sara Sugita followed by the
PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
Discussion Regarding Creating a Tree Board. Parks and Recreation Director Todd McCoy
reported that a Tree Board was a group of people responsible for overseeing management of the
community trees; also known as the urban forest. This board was usually created by ordinance. It
would be made up of municipal staff, local citizens and/or tree care professionals. Grand Island
had a Tree Board over 30 years ago.
The Tree Board would assess the community urban forest situation using some type of inventory
to determine short-and long-range program goals and objectives. They would develop and
review annually a comprehensive community forestry plan and would advise the Mayor, City
Council, and various departments on matters concerning trees and related resources.
Recommendations from the Tree Board may include policy changes and specific urban forestry
projects.
The Tree Board would also educate residents on matters concerning the betterment of trees and
related resources along with coordinate or conduct special projects for the betterment of the
urban forest. Such projects should be included in annual plans. They also would keep abreast of
current trends and issues in urban forestry through appropriate training and development.
Mr. McCoy stated issues facing Grand Island with regard to urban forestry was the need for
planning and education regarding looming diseases and threats to trees in Grand Island. The
Emerald Ash Borer, Pine Wilt, Oak Wilt, and other diseases had or soon would have a dramatic
impact to our community’s urban forest. The City was not heavily involved in promoting or
Grand Island Council Session - 3/22/2016 Page 86 / 313
Page 2, City Council Study Session, March 15, 2016
managing street trees which the Tree Board could help with. The City did not have a recently
updated tree inventory which could be a responsibility of the Tree Board. It was important to
start increasing species diversity with regards to street and park trees in Grand Island.
Justin Everton representing the Nebraska Forest Service and Nebraska State Arboretum
encouraged the City to create a Tree Board. Kelly Markham, 115 Lakeview Drive #118 asked
what the terms of the board would be. Mr. McCoy stated the details would be worked out when
the Council approve the board by ordinance.
Discussion was held concerning the boards scope of work and that they would submit
recommendations to the Council. Planning for the Emerald Ash Borer was mentioned. Mr.
McCoy stated this would be a volunteer board and there was no funding at this time for the Tree
Board but they could apply for grants. Mr. McCoy stated there were several people interested in
serving on the Tree Board. Comments were made concerning replacement of trees, preventive
measures, and inventory of the trees in Grand Island.
Grand Island Electric Generation Update. Utilities Director Tim Luchsinger gave a background
on the Utilities Department’s current and planned electric generation plans. The EPA Clean
Power Plan was one of the primary drivers of electric generation strategy in the United States.
The purpose of this regulation was to reduce carbon dioxide emissions by about 30 percent by
2030.
The Clean Air Act Section 111(d) Clean Power Plan rule was published in August, 2015 which
established greenhouse gas emission goals by state, 40% reduction was proposed for Nebraska.
The state’s plan was to be submitted to EPA by September, 2016 for achieving emission targets
for 2020-2029 and 2030+. This rule was currently stayed by the Supreme Court.
The Clean Power Plan was to reduce greenhouse gas emissions through the following “building
blocks”:
Improve existing coal power plant efficiencies
Increase natural gas combined cycle generation
Increase use of renewable energy sources (Renewable Energy Credits)
Implementation of demand-side energy reduction programs originally proposed but not in
final rule
Currently the Grand Island Utilities Department (GIUD) had wind participation with NPPD
Power Purchase Agreements with Ainsworth, Elkhorn Ridge, Laredo Ridge, Broken Bow, and
Springview. Future participation planned was with Prairie Breeze III for March of 2016 and
Antelope County proposed for the end of 2016. The Power Purchase Agreements were for a term
of 25 years with commercial operation by the 4th quarter of 2016. These had a firm energy cost
with annual escalation and the cost was paid on energy produced with no upfront cost. The
Power Purchase Agreements were executed by GIUD and Invenergy.
Grand Island Council Session - 3/22/2016 Page 87 / 313
Page 3, City Council Study Session, March 15, 2016
Mr. Luchsinger reviewed the following capacity additions:
Year Capacity Cost
Platte Generating Station 1982 100 MW $80M
Burdick Gas Turbines 2 & 3 2003 68MW $50M
Nebraska City Unit 2 2009 35MW $40M
Whelan Energy Center Unit 2 2011 15MW $40M
Mr. Luchsinger stated in the future they would like to have 1/3 renewables and 2/3 fossil fuels to
comply with regulations. Discussion was held concerning development in the future. Currently
we were over capacity and Platte Generating Station (PGS) was being used less due to the lower
operating costs in natural gas. Discussed were the comparison costs of coal, gas, and wind.
Mentioned was that in the future PGS may be taken off line a few months out of the year. PGS
had a possible life through 2030.
ADJOURNMENT: The meeting was adjourned at 8:16 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/22/2016 Page 88 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-3
Approving Appointment of Krae Dutoit to the Community
Redevelopment Authority (CRA) Board
Mayor Jensen has submitted the appointment of Krae Dutoit to the Community Redevelopment
Authority (CRA) board to replace Barry Sandstrom who retired. The appointment would become
effective immediately upon approval by the City Council and would expire on September 30, 2017.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 3/22/2016 Page 89 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-4
Approving Liquor Manager Designations for Rob Reif, 930 Twin
Ridge Road, Lincoln, NE for Hy-Vee Gas, 118 Wilmar Avenue and
Hy-Vee Food Store, 115 Wilmar Avenue
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/22/2016 Page 90 / 313
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:March 22, 2016
Subject:Request from Rob Reif, 930 Twin Ridge Road, Lincoln,
NE for Liquor Manager Designations with Hy-Vee Gas,
118 Wilmar Avenue and Hy-Vee Food Store, 115
Wilmar Avenue
Presenter(s):RaNae Edwards, City Clerk
Background
Rob Reif, 930 Twin Ridge Road, Lincoln, NE has submitted applications with the City
Clerk’s Office for Liquor Manager Designations in conjunction with Hy-Vee Gas, 118
Wilmar Avenue and Hy-Vee Food Store, 115 Wilmar Avenue.
These applications have been reviewed by the Police Department and City Clerk’s
Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report. Mr. Reif has completed a
state approved alcohol server/seller training program.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 3/22/2016 Page 91 / 313
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Rob Reif, 930 Twin Ridge Road, Lincoln, NE for
Liquor Manager Designation in conjunction with the Class “D-79661” Liquor License for
Hy-Vee Gas, 118 Wilmar Avenue and Class “CK-79662” Liquor License for Hy-Vee
Food Store, 115 Wilmar Avenue.
Grand Island Council Session - 3/22/2016 Page 92 / 313
03/16/16 Grand Island Police Department 450
10:45 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 13:20:00 03/11/2016
Date disposition declared : **/**/****
Incident number : L16031507
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 118 Wilmar Ave
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition :
Misc. number :
Geobase address ID :
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 208260 03/16/16 Reif, Robert A Liquor Manager
NM 131753 03/15/16 Hy-Vee, Business
NM 131754 03/15/16 Hy-Vee Gas, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT12 LT12 Grocery/Supermarket
LAW INCIDENT NARRATIVE:
**---------------------------------------- (lwmain09102603152016)**
Hy-Vee Gas and the Hy-Vee grocery store are changing their liquor
manager. Rob
Reif is applying for the position.
~~---------------------------------------- (lwmain09102603152016)~~
Grand Island Council Session - 3/22/2016 Page 93 / 313
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 09:45:57 03/16/2016
318
Grand Island Police Department
Supplemental Report
Date, Time: Wed Mar 16 09:46:12 CDT 2016
Reporting Officer: Vitera
Unit- CID
Robert "Rob" Reif is applying to be the liquor manager at Hy-Vee Gas and
the Hy-Vee grocery store. According to his application, Rob is married to
Jennifer Reif, and they have lived in Lincoln for the last seven years.
The prior three years they lived in Columbia, Missouri. Jennifer signed a
Spousal Affidavit of Non-Participation form. Rob has worked for Hy-Vee
since 1992. Rob did not disclose any convictions on his application. He
supplied copies of documents required to be a manager which includes a
birth certificate and voter registration information.
I checked Rob through Spillman and NCJIS. Rob did not have an entry in
Spillman. He has one undisclosed speeding conviction in NCJIS. Rob
attached a Nebraska State Patrol Criminal History report which says he
has no criminal record in Nebraska. I don't believe that check covers all
minor traffic convictions. A Nebraska DMV report would have to be
utilized for that.
I also checked Rob through a paid law-enforcement only database and
didn't find anything out of the ordinary. I did a general Internet search
and found a lot of Rob and Robert Reif's most of whom are from Germany.
Without doing an exhaustive search, I didn't pinpoint anything for the
Rob Reif in this application. I ran Rob's name through NCIC and found
that he doesn't have any outstanding warrants for his arrest. He also has
a valid driver's license.
On paper, it appears that Rob Reif is a fit candidate to be a liquor
manager. The Grand Island Police Department has no objection to his
application.
Grand Island Council Session - 3/22/2016 Page 94 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-5
#2016-57 - Approving Final Plat and Subdivision Agreement for
Hayman’s Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 95 / 313
Council Agenda Memo
From:Regional Planning Commission
Meeting:March 22, 2016
Subject:Hayman’s Second Subdivision – Final Plat
Presenter(s):Chad Nabity, Regional Planning Director
Background
This property is located east of North Road and south of Stolley Park Road, in the City of
Grand Island, in Hall County, consisting of 2 lots and 4.75 acres.
Discussion
The plat for Hayman’s Second Subdivision was considered by the Regional Planning
Commission at the March 2, 2016 meeting.
A motion was made by Connick and seconded by Rainforth to approve and recommend
that City Council approve the final plat of Hayman’s Second Subdivision.
A roll call vote was taken and the motion passed with 11 members present (Huismann,
Connick, Sears, O’Neill, Ruge, Maurer, Apfel, Monter, Rainforth, Hoggatt and Kjar)
voting in favor and no members present abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Grand Island Council Session - 3/22/2016 Page 96 / 313
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/22/2016 Page 97 / 313
Grand Island Council Session - 3/22/2016 Page 98 / 313
Handlers Land LLC
2419 S North Rd
Grand Island NE 68803
Developers/Owners
To create 2 lots on a tract of east of North Road and south of Stolley Park Road, in the
City of Grand Island, in Hall County.
Size: 4.75 Acres.
Zoning: M1 – Light Manufacturing.
Road Access: City roads.
Water Public: City water.
Sewer Public: City sewer.
Grand Island Council Session - 3/22/2016 Page 99 / 313
February 17, 2016
Dear Members of the Board:
RE: Final Plat – Hayman’s 2nd Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Hayman’s 2nd Subdivision, located in Grand Island,
in Hall County, Nebraska.
This final plat proposes to create 2 lots, a Replat of all of Lot 12, Hayman’s
Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract
containing 4.75 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on March 2, 2016 in the
Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Utilities
City Building Director
Manager of Postal Operations
Olsson & Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/22/2016 Page 100 / 313
Grand Island Council Session - 3/22/2016 Page 101 / 313
Grand Island Council Session - 3/22/2016 Page 102 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-57
WHEREAS, Handlers Land, LLC, being the owner of the land described hereon,
has caused same to be surveyed, subdivided, platted and designated as “HAYMAN’S SECOND
SUBDIVISION”, a replat of all of Lot 12, Hayman’s Subdivision, in the City of Grand Island,
Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; 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 HAYMAN’S SECOND
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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 103 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-6
#2016-58 - Approving Final Plat and Subdivision Agreement for
Maderville Estates Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 104 / 313
Council Agenda Memo
From:Regional Planning Commission
Meeting:March 22, 2016
Subject:Maderville Estates – Final Plat
Presenter(s):Chad Nabity, Regional Planning Director
Background
This property is located east of Engleman Road and south of Husker Highway, in the two
mile extra territorial jurisdiction of the City of the City of Grand Island, in Hall County,
consisting of 2 lots and 4.44 acres.
Discussion
The plat for Maderville Estates was considered by the Regional Planning Commission at
the March 2, 2016 meeting.
A motion was made by Connick and seconded by Rainforth to approve and recommend
that City Council approve the final plat of Maderville Estates Subdivision.
A roll call vote was taken and the motion passed with 11 members present (Huismann,
Connick, Sears, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar)
voting in favor and no members present abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Grand Island Council Session - 3/22/2016 Page 105 / 313
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/22/2016 Page 106 / 313
Grand Island Council Session - 3/22/2016 Page 107 / 313
Paul Mader
2044 Kent Avenue
Grand Island NE 68803
Developers/Owners
To create 2 lots on a tract of land east of Engleman Road and south of Husker Highway
in the two mile jurisdiction of the City Of Grand Island, Hall County, Nebraska.
Size: 4.44 acres.
Zoning: LLR – Large Lot Residential.
Road Access: Public streets are available.
Water Public: Water is not available.
Sewer Public: Sewer is not available.
Grand Island Council Session - 3/22/2016 Page 108 / 313
February 17, 2016
Dear Members of the Board:
RE: Final Plat – Maderville Estates Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Maderville Estates Subdivision, located in Grand
Island, in Hall County, Nebraska.
This final plat proposes to create 2 lots, on a tract of land located in part of the
Northwest Quarter (NW1/4) of Section Thirty Five (35), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M. located in the City of Grand Island, Hall
County, Nebraska, said tract containing 4.444 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on March 2, 2016 in the
Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: County Clerk
County Attorney
County Zoning
County Public Works
City Clerk
City Attorney
City Public Works
City Utilities
City Building Director
Manager of Postal Operations
Olsson Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/22/2016 Page 109 / 313
Grand Island Council Session - 3/22/2016 Page 110 / 313
LOT 1LOT 2FAX 308.384.8752TEL 308.384.8750Grand Island, NE 68802-1072P.O. Box 1072201 East 2nd StreetGrand IslandCouncil Session - 3/22/2016Page 111 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-58
WHEREAS, Paul H. Mader and Jaycee N. Mader Husband and Wife, being the
owners of the land described hereon, has caused same to be surveyed, subdivided, platted and
designated as “MADERVILLE ESTATES”, a tract of land located in Part of the Northwest
Quarter (NW ¼) of Section Thirty Five (35), Township Eleven (11) North, Range Ten (10) West
of the 6th P.M., Hall County, Nebraska, and has caused a plat thereof to be acknowledged by
them; 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 MADERVILLE ESTATES
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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 112 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-7
#2016-59 - Approving Final Plat and Subdivision Agreement for
Thomas Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 113 / 313
Council Agenda Memo
From:Regional Planning Commission
Meeting:March 22, 2016
Subject:Thomas 2nd Subdivision – Final Plat
Presenter(s):Chad Nabity, Regional Planning Director
Background
This property is located west of Sky Park Road and south of Capital Ave., in the City of
Grand Island, in Hall County, consisting of 2 lots and 2.751 acres.
Discussion
The plat for Thomas 2nd Subdivision was considered by the Regional Planning
Commission at the March 2, 2016 meeting.
A motion was made by Connick and seconded by Rainforth to approve and recommend
that City Council approve the final plat of Thomas 2nd Subdivision.
A roll call vote was taken and the motion passed with 11 members present (Huismann,
Apfel, Sears, O’Neill, Ruge, Maurer, Connick, Monter, Rainforth, Hoggatt and Kjar)
voting in favor and no members present abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Grand Island Council Session - 3/22/2016 Page 114 / 313
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/22/2016 Page 115 / 313
Grand Island Council Session - 3/22/2016 Page 116 / 313
Tommy Ummel Sr.
567 S Shady Bend Road
Grand Island NE 68801
Developers/Owners
To create 2 lots on a tract of west of Sky Park Road and south of Capital Avenue in the
City Of Grand Island, Hall County, Nebraska.
Size: 2.751 Acres.
Zoning: M2 – Heavy Manufacturing Zone.
Road Access: City streets.
Water Public: City water available.
Sewer Public: City Sewer available.
Grand Island Council Session - 3/22/2016 Page 117 / 313
February 17, 2016
Dear Members of the Board:
RE: Final Plat – Thomas 2nd Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Thomas 2nd Subdivision, located in Grand Island,
in Hall County, Nebraska.
This final plat proposes to create 2 lots, on a tract of land comprising all of Lot One
(1), Thomas Subdivision located in the City of Grand Island, Hall County, Nebraska,
said tract containing 2.751 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on March 2, 2016 in the
Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Utilities
City Building Director
Manager of Postal Operations
Rockwell & Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/22/2016 Page 118 / 313
Grand Island Council Session - 3/22/2016 Page 119 / 313
Grand Island Council Session - 3/22/2016 Page 120 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-59
WHEREAS, Tommy L, Ummel, SR., a single person, Tommy L. Ummel, JR.,
and Cary Ummel, Husband and wife, being the owners of the land described hereon, has caused
same to be surveyed, subdivided, platted and designated as “THOMAS 2nd SUBDIVISION”, a
tract of land comprising all of Lot One (1), Thomas Subdivisions located in the City of Grand
Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; 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 THOMAS 2nd
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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 121 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-8
#2016-60 - Approving Purchase of Dell Tablets for Police Fleet
Computers
Staff Contact: Steve Lamken
Grand Island Council Session - 3/22/2016 Page 122 / 313
Council Agenda Memo
From:Steven Lamken, Police Department
Meeting:March 22, 2016
Subject:Approval of Purchase of Dell Tablets for Police Fleet
Computers
Presenter(s):Steven Lamken, Police Chief
Background
The Police Department needs to begin replacing the current tablets being used for in-car
computers in the patrol fleet due to the age of the equipment. The Police Department is
requesting to purchase ten tablets to replace ten of our older ones. We are requesting to
purchase 10, Dell, Latitude 12 Rugged Extreme tablets at $3,022.13 each and 10 docking
stations at $451.81 each from state contract #14252 OC for a total cost of $34,739.40.
Discussion
The Police Department currently uses Dell tablets for the in-car computers in the patrol
fleet. The tablets currently in use in the fleet are no longer made by Dell and several of
the tablets are over four years old and failing or reaching the end of being useful. The
older tablets are out of warranty and cannot be repaired.
The Department has researched several options and tested different computers and tablets
over the past year to identify the most viable and cost effective option for replacing the
tablets in the patrol fleet. We determined, after field testing a unit, the best option is the
Dell Latitude 12 Rugged Extreme tablet. The Police Department is requesting to purchase
10, Dell, Latitude 12 Rugged Extreme tablets at $3,022.13 each and 10 docking stations
at $451.81 each from state contract #14252 OC for a total cost of $34,739.40. This will
replace one third of the patrol fleet’s in-car computers.
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
Grand Island Council Session - 3/22/2016 Page 123 / 313
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Police Department
purchase of ten, 10, Dell Latitude 12 Rugged Extreme tablets at $3,022.13 each and 10
docking stations at $451.81 each from state contract #14252 OC for a total cost of
$34,739.40.
Sample Motion
Move to approve the Police Department purchase of ten, 10, Dell Latitude 12 Rugged
Extreme tablets at $3,022.13 each and 10 docking stations at $451.81 each from state
contract #14252 OC for a total cost of $34,739.40.
Grand Island Council Session - 3/22/2016 Page 124 / 313
Dell Quote: 101893 2380.1 - CtTy OF GRAND TSLAND Soles Person: Andrew Bullard
Quote 1019930442390.1
ND ISLAND
Quote DetaitsSatesperson Bitting Detaits
Salesperson Name
Andrew Bu[[ard
Salesperson Email
Andrew_Buttard@Dett. com
Salesperson Phone
1 8009993355
Salesperson Extension
51 38239
Price Summary
Description
Quote Date
02/08/2016
Quote Validity
04/08/2016
Solution lD
Quantity
Company Name
CITY OF GRAND ISLAND
Customer Number
57684
Phone Number
1 (308) 38s5469
Address
PO BOX 1968
GRAND ISLAND
NE
68802-1 968
US
Unit Price Subtotal Price
Latitude 12 Rugged Extreme
DEVMT, DOCKST, DELL, LATl 2.
14,5P,
1
1
s3,022.13
5451.81
53,022.13
s451 .81
Subtotal
Tax
Shipping and Handting
EnvironmentaI Fee
Total
$3,473.94
$0.00
$0.00
$0.00
$3,473.94
Grand Island Council Session - 3/22/2016 Page 125 / 313
Delt Quote: t1tB93U423BO.t - CtTy OF GRAND TSLAND Sales Person: Andrew Bullard
Dear Customer,
Your quote is detaited betow; please review the quote for product and information accuracy.lf you find errors or desire changes, please contact me as soon as possibte.
Regards,
Andrew Buttard
this quote easily ontine through your Premier oaqe, or if you do not have premier, using euote to
Product Detaits by Shipment
Shipping Group 1
Shipping Contact:
Shipping Phone No:
Shipping via:
Shipping Address:
1 (308) 38ss440
Standard Ground
3013 E SWIFT RD
GRAND ISLAND
NE 68801
US
Subtotat
Tax
Shipping and Handting
Environmental Fee
TotaI
$3,473.94
$0.00
$0.00
$0.00
$3,473.94
Description Quantity Unit Price Subtotat price
Latitude 12 Rugged Extreme
Estimated Detivery Date:
Contract Code:
Customer Agreement No:
53,022.13 53,022.13
03/04/2016
WN2OAGW
MNWNC-108 /14252
21o-ACPH
338-BHHV
61g-AHKN
658-BCSB
370-MER
4OO-ADGM
490-BBTM
453-BBBV
319-BBBK
5s5-BBRS
492-BBEM
391 -BCCX
Latitude 12 Rugged Extreme (7204)
Intel Core i7-4650U (Dua[ Core, 1.70GH2,4M cache,1sw)
Win 10 Pro 64 Engtish, French, Spanish
Microsoft Office 30 Day Triat
8GB_(1x8GB) 1600MHz DDR3L Memory
256cB Mobitity Solid State Drivelntel lntegrated HD Graphics 44OO (i3 and i5processors) / 5000 (i7 processors)
4-cett (58Wh) Lithium ton battery with
ExpressCharge
No Camera Software
Intel Dua[ Band Wireless-AC 7260 902.11 ac/a/b/g/n2x2 + $[Llslsoth 4.0 LE Hatf Mini Card
65W AC Adapter, 3-pin
1 1.6" HD (1366x768) Outdoor-Readabte ResistiveTouchscreen, Webcam with privacy Shutter and Mic
1
1
1
1
1
1
1
1
1
1
1
1
a 2il4 Dell lnc. u.S. only.
Grand Island Council Session - 3/22/2016 Page 126 / 313
DeltQuote: 101893 380.1 - ctTy oF GRAND TSLAND
Description Quantity Unit price Subtotat price
DEVMT, DOCKST, DELL, LAT1 2.1 4,5P,1 5451.81 5451.81
Estimated Detivery Date:
Contract Code:
Customer Agreement No:
03/09t2016
WN2OAGW
MNWNC-I08 /14252
A8007905 DEVMT,DOCKST,DELL,t-AT12_14,5p,
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Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-60
WHEREAS, the use of mobile computing in the Police Department patrol fleet is
essential for productivity; and
WHEREAS, several of the patrol fleet computers need to be replace; and
WHEREAS, the Police Department has reviewed and researched multiple
replacement options; and
WHEREAS, the Police Department identified the Dell Latitude 12, Rugged
Extreme tablet as the most cost effective replacement option.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Police Department purchase
of ten, 10, Dell Latitude 12 Rugged Extreme tablets at $3,022.13 each and 10 docking stations at
$451.81 each from state contract #14252 OC for a total cost of $34,739.40
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 155 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-9
#2016-61 - Approving Bid Award for One (1) 2017 Wastewater
Belt Trailer for the Wastewater Division of the Public Works
Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 3/22/2016 Page 156 / 313
Council Agenda Memo
From:Marvin Strong PE, Wastewater Treatment Plant Engineer
Meeting:March 22, 2016
Subject:Approving Bid Award for One (1) 2017 Wastewater Belt
Trailer for the Wastewater Division of the Public Works
Department
Presenter(s):John Collins PE, Public Works Director
Background
On February 25, 2016 the Wastewater Division of the Public Works Department
advertised for bid for one (1) 2017 Wastewater Belt Trailer. The solicitation was sent to
eleven (11) potential bidders.
Discussion
Two (2) bids were received and opened on March 10, 2016. The Wastewater Division of
the Public Works Department and the Purchasing Division of the Attorney’s office
reviewed the bids that were received. The belt trailer bid by GI Trailer of Grand Island,
Nebraska meets all of the specifications. This belt trailer will be a front-line piece of
equipment utilized on a daily basis for hauling sludge from the Wastewater Treatment
Plant to the Landfill for disposal.
This new trailer will replace the current method of using a dump truck and a pup (a
smaller trailer that can be used in combination with another trailer for over the road) to
haul sludge to the Landfill. Presently the equipment operator has to jack-knife the
current truck/trailer combination to unload the sludge, often times causing damage to the
tongue on the pup trailer. The new trailer has a belt system, allowing the sludge to be
forced out of the back of the trailer and eliminates the dump truck lifting vertically to
dispose of the sludge on unstable ground at the Landfill. A seal is also part of this new
trailer, which will not allow liquid to leak out while being transported.
Grand Island Council Session - 3/22/2016 Page 157 / 313
BIDDER BASE PRICE NET COST
GI Trailer of Grand Island, NE $78,623.00 $78,623.00
Wilson Trailer Company $81,000.00 $81,000.00
Funds were budgeted for Fiscal Year 2015/2016 and are available in Account No.
53030054-85625.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of one (1) 2017
Wastewater Belt Trailer from GI Trailer of Grand Island, Nebraska in the amount of
$78,623.00.
Sample Motion
Motion to approve the resolution.
Grand Island Council Session - 3/22/2016 Page 158 / 313
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 10, 2016 at 2:00 p.m.
FOR:(1) 2017 Wastewater Belt Trailer
DEPARTMENT:Public Works
ESTIMATE:$90,000.00
FUND/ACCOUNT:53030054-85625
PUBLICATION DATE:February 25, 2016
NO. POTENTIAL BIDDERS:11
SUMMARY
Bidder:GI Trailer Wilson Trailer Company
Grand Island, NE Grand Island, NE
Bid Security:Cashier’s Check Old Republic Surety Co.
Exceptions:Noted None
Base Price:$78,623.00 $81,000.00
Warranty: N/A___ N/A___
Total Bid:$78,623.00 $81,000.00
Delivery Date:90 days 90 days
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator Renae Griffiths, Finance Director
Stacy Nonhof, Purchasing Agent Marvin Strong, WWTP Supt.
P1872
Grand Island Council Session - 3/22/2016 Page 159 / 313
Approved as to Form ¤ ___________
March 18, 20162 ¤ City Attorney
R E S O L U T I O N 2016-61
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2017
Wastewater Belt Trailer for the Wastewater Division of the Public Works Department, according
to specifications on file with the Public Works Department; and
WHEREAS, on March 10, 2016 bids were received, opened and reviewed; and
WHEREAS, GI Trailer of Grand Island, Nebraska submitted a bid in accordance
with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the net amount of $78,623.00; and
WHEREAS, GI Trailer’s bid is fair and reasonable for such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GI Trailer of Grand Island,
Nebraska in the amount of $78,623.00 for one (1) 2017 Wastewater Belt Trailer is hereby
approved as the lowest responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 160 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-10
#2016-62 - Approving Bid Award for One (1) 2017 Model 94,500
GVW Conventional Truck-Tractor for the Wastewater Division of
the Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 3/22/2016 Page 161 / 313
Council Agenda Memo
From:Marvin Strong PE, Wastewater Treatment Plant Engineer
Meeting:March 22, 2016
Subject:Approving Bid Award for One (1) 2017 Model 94,500
GVW Conventional Truck-Tractor for the Wastewater
Division of the Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
On February 25, 2016 the Wastewater Division of the Public Works Department
advertised for one (1) 2017 Model 94,500 GVW conventional truck-tractor. The
solicitation was sent to five (5) potential bidders.
Discussion
Four (4) bids were received and opened on March 10, 2016. The Wastewater Division of
the Public Works Department and the Purchasing Division reviewed the bids received.
Bidder Bid Price Trade-In Net Purchase
Price
Hansen International Truck, Inc. of Grand
Island, NE
$126,938.00 $13,000.00 $113,938.00
Nebraska Peterbilt of Grand Island, NE $131,882.00 $15,500.00 $116,382.00
Nebraska Truck Center of Grand Island, NE $128,622.00 $7,000.00 $121,622.00
Volvo Truck of Omaha, NE $128,500.00 $3,500.00 $125,000.00
Funds were budgeted for Fiscal Year 2015/2016 and are available in Account No.
53030054-85625.
This truck-tractor is a front-line piece of equipment and will replace the current truck,
which is utilized on a daily basis for hauling sludge from the Wastewater Treatment Plant
to the Landfill for disposal. A picture of the current piece of equipment is shown below.
Grand Island Council Session - 3/22/2016 Page 162 / 313
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the truck-
tractor from Hansen International Truck of Grand Island, Nebraska in the net amount of
$113,938.00.
Sample Motion
Move to approve the purchase of the truck-tractor from Hansen International Truck of
Grand Island, Nebraska.
Grand Island Council Session - 3/22/2016 Page 163 / 313
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 10, 2016 at 2:15 p.m.
FOR:(1) 2017 Model 94,500 GVW Conventional Truck-Tractor
DEPARTMENT:Public Works
ESTIMATE:$130,000.00
FUND/ACCOUNT:53030054-85625
PUBLICATION DATE:February 25, 2016
NO. POTENTIAL BIDDERS:5
SUMMARY
Bidder:Volvo Truck of Omaha, Inc.Nebraska Truck Center, Inc.
Omaha, NE Grand Island, NE
Bid Security:Cashier’s Check Cashier’s Check
Exceptions:Noted Noted
Base Price:$128,500.00 $128,622.00
Trade-In:$ 3,500.00 $ 7,000.00
Total Bid:$125,000.00 $121,622.00
Delivery Date:July 2016 60 – 90 days
Bidder:Hansen International Truck, Inc.Nebraska Peterbilt
Grand Island, NE Grand Island, NE
Bid Security:Cashier’s Check Cashier’s Check
Exceptions:Noted None
Base Price:$126,938.00 $131,882.00
Trade-In:$ 13,000.00 $ 15,500.00
Total Bid:$113,938.00 $116,382.00
Delivery Date:75-90 days 60 days
Grand Island Council Session - 3/22/2016 Page 164 / 313
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator Renae Griffiths, Finance Director
Stacy Nonhof, Purchasing Agent Marvin Strong, WWTP Supt.
P1873
Grand Island Council Session - 3/22/2016 Page 165 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-62
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2017 Model
94,500 GVW Conventional Truck-Tractor for the Wastewater Division of the Public Works
Department, according to specifications on file with the Public Works Department; and
WHEREAS, on March 10, 2016 bids were received, opened and reviewed; and
WHEREAS, Hansen International Truck of Grand Island, Nebraska submitted a
bid in accordance with the terms of the advertisement of bids and specifications and all other
statutory requirements contained therein, such bid being in the amount of $126,938.00; and
WHEREAS, the current truck will be traded in for this new piece of equipment
for a price $13,000.00, resulting in a net purchase price of $113,938.00; and
WHEREAS, Hansen International Truck’s bid is fair and reasonable for such
item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hansen International Truck
of Grand Island, Nebraska in the net amount of $113,938.00 for one (1) 2017 Model 94,500
GVW Conventional Truck-Tractor is hereby approved as the lowest responsive and responsible
bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 166 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-11
#2016-63 - Approving Request from the YMCA for Permission to
Use City Streets, Hike/Bike Trail, and State Highway for the 2016
State Fair Marathons
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 3/22/2016 Page 167 / 313
Council Agenda Memo
From:John Collins PE, Public Works Director
Meeting:March 22, 2016
Subject:Consideration of Approving Request from the YMCA for
Permission to Use City Streets, Hike/Bike Trail, and
State Highway for the 2016 State Fair Marathons
Presenter(s):John Collins PE, Public Works Director
Background
The YMCA in cooperation with the State Fair has expanded the Bill Seymour one half
marathon into several marathons. The YMCA is seeking Council approval and notice to
the Nebraska Department of Roads for the routes.
Discussion
The Marathons will be held the morning of Saturday, August 27, 2016. The Marathon
routes will require the use of City streets and bike trails, as well as crossing US Highway
34 and running in one lane of US Highway 30. Please see the attached maps for the
various routes.
State Statute 39-1359 requires the City Council to approve the route and for the City to
then inform the Nebraska Department of Roads that the route has approval if it closes or
blocks any part of a State highway. This is a requirement for any race, parade or march
that would create some closure of the highway. This action then makes the City
responsible for the liability of using a State highway for the event.
The Marathon planners from the YMCA and State Fair have met with public safety,
public works and the county highway department and other affected departments in
planning for the event. The routes being presented to the Council for approval have been
agreed upon as the best identified and have previously been used for such event.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 3/22/2016 Page 168 / 313
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 YMCA’s presented routes
for the 2016 State Fair Marathons and direct that the Nebraska Department of Roads be
notified of this action.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 3/22/2016 Page 169 / 313
Grand Island Council Session - 3/22/2016 Page 170 / 313
Grand Island Council Session - 3/22/2016 Page 171 / 313
Grand Island Council Session - 3/22/2016 Page 172 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-63
WHEREAS, the YMCA and State Fair have expanded the Bill Seymour half
marathon into several marathons; and
WHEREAS, the YMCA has worked with City and County departments in
planning the marathon race routes and developed acceptable routes; and
WHEREAS, specific wording is required by the Nebraska Department of Roads
(NDOR) pursuant to Neb. Rev. Stat §39-1359, and
WHEREAS, the City accepts the duties set out in neb. Rev. Stat. §39-1359, and
that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the
State from all claims, demands, actions, damages, and liability, including reasonable attorney’s
fees, that may arise as a result of the special event, more specifically defined as the 2015 State
Fair Marathons to be held on August 27, 2016; and
WHEREAS, the route for the special event necessitates the usage of US Highway
34; Wortman Drive to US Highway 281, and US Highway 30; Gunbarrel Road to 1st Street,
Grand Island, Nebraska; and
WHEREAS, the special event will be held on August 27, 2016, with the control
of US Highway 34 and US Highway 30 being assumed by the City at 6:30 am on August 27,
2016 and ending at 12:30 pm on August 27, 2016, at which time control of US Highway 34;
Wortman Drive to US Highway 281, and US Highway 30; Gunbarrel Road to 1st Street, shall
revert to the State.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Notice of Use of City Streets and
State Highways to accommodate the 2016 State Fair Marathons to be held on August 27, 2016 is
hereby approved.
BE IT FURTHER RESOLVED, that the Nebraska Department of Roads shall be
notified of the approved route and this Notice.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 173 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-12
#2016-64 - Approving Designating Portions of the East Side of
Lincoln Avenue, Adjacent to Goodwill Industries at 1804 South
Eddy Street as No Parking
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 3/22/2016 Page 174 / 313
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:March 22, 2016
Subject:Approving Designating Portions of the East Side of
Lincoln Avenue, Adjacent to Goodwill Industries at 1804
South Eddy Street as No Parking
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required to designate No Parking on any public street.
A request was submitted by Good Industries to eliminate a portion of parking on the east
side of Lincoln Avenue, adjacent to Goodwill Industries at 1804 South Eddy Street. The
request is to mark twenty (20) feet on both the north and south side of the Goodwill
Industries driveway as no parking.
Discussion
The Public Works Department reviewed the request for this area and recommends twenty
(20) feet on both the north and south side of the Goodwill Industries driveway be
designated no parking, as noted on the attached sketch. Removing such parking will
eliminate the current sight obstruction caused by cars parking in this area and provide for
a safer exit from the Goodwill Industries parking lot.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 3/22/2016 Page 175 / 313
Recommendation
City Administration recommends that the Council approve the resolution designating a
portion of the east side of Lincoln Avenue, adjacent to Goodwill Industries at 1804 South
Eddy Street as No Parking.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 3/22/2016 Page 176 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-64
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, due to safety issues, the Public Works Department is requesting No
Parking be allowed along the east side of Lincoln Avenue adjacent to 1804 South Eddy Street
twenty (20) feet north and south of the driveway at this location; and
WHEREAS, it is recommended that such restricted parking request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.A No Parking Zone is hereby designated along the east side of Lincoln Avenue
adjacent to 1804 South Eddy Street twenty (20) feet north and south of the driveway at this
location.
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs and pavement markings as necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 177 / 313
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Grand Island Council Session - 3/22/2016 Page 178 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-13
#2016-65 - Approving Lease Purchase of a New Motor Grader for
the Streets Division of the Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 3/22/2016 Page 179 / 313
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:March 22, 2016
Subject:Approving Lease Purchase of a New Motor Grader for
the Streets Division of the Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
On January 15, 2016 a Request for Proposals (RFP) for a New Motor Grader with lease
purchase financing for the Streets Division of the Public Works Department was
advertised in the Grand Island Independent and sent to eight (8) potential proposers.
The Streets Division currently owns and uses four (4) motor graders that are used to
grade gravel streets and alleys, grading detention cells, and snow removal. Offered as a
trade-in is a 1975 CAT 120G Motor Grader (Unit 234) with approximately 12,000 hours
and a repair cost to purchase price ratio of 1.20.
Discussion
Two (2) proposals were opened on February 24, 2016 and thoroughly reviewed by a
committee comprised of five (5) staff from the Streets Division and Fleet Services
Division. The proposals were evaluated on the following criteria:
CRITERIA POINTS
Quality of product / services and ability to furnish the products and services
required by the City 40
Warranty Offered 20
Ability to provide initial training and long-term training for City personnel 15
Costs associated with products and services 15
Value offered for Trade-In Equipment 10
TOTAL POINTS 100
Murphy Tractor of Grand Island, NE received the highest ranking by the committee
based on the established criteria with their proposal of a 2016 John Deere 672G Motor
Grader (brochure attached).
Grand Island Council Session - 3/22/2016 Page 180 / 313
Equipment options and lease terms were negotiated for the purchase of the equipment.
John Deere Finance was asked to give two amortization schedules, one using the FY 15-
16 budgeted amount of $25,000 for a down payment and one with no down payment
(Attachment 2).
A total savings using the budgeted $25,000 down payment is only $1,756.90; therefore
Public Works is recommending a zero down payment (see below) and using the $25,000
budgeted funds to assist with the overage in the snow removal budget from the February
2016 blizzard.
Purchase Price:$233,600
Offered Trade-In Amount $20,000
Net Price:$213,600
Finance Company:John Deere Finance
No. of Annual Payments 5 (60 month term)
Interest Rate 2.75
Down Payment:$0
Annual Payment $45,723.02 (1st payment due November 10, 2017)
Interest $15,011.10
Total Repayment Amount $228,611.20
Annual payments will be budgeted each year for Council approval.
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 lease purchase of a New
Motor Grader from Murphy Tractor of Grand Island, NE with a zero down payment
financing provided by John Deere Finance.
Sample Motion
Move to approve the lease purchase of a New Motor Grader from Murphy Tractor of
Grand Island, NE with a zero down payment financing provided by John Deere Finance.
Grand Island Council Session - 3/22/2016 Page 181 / 313
G/GP-SERIES GRADERS
164–211 kW (220–283 hp)
Grand Island Council Session - 3/22/2016 Page 182 / 313
Choose the operating system that works for you — Ɵngertip
armrest or low-effort mechanical controls. Either way, levers
are arranged in the familiar industry-standard pattern, and
deliver smooth, predictable response.
Your choice of EPA Tier 2, 3, or Interim Tier 4 (EU Stage
II, IIIA, and IIIB) fuel-efƟcient John Deere diesels deliver
generous displacement, power, and lugging ability.
(Tier 2/Stage II not available in the U.S. and Canada.)
Production-boosting GP features such as automated cross-
slope control and push-button-activated return-to-straight
make the most of a seasoned operator’s skills. And help
improve an inexperienced operator’s game.
Long-term durability is bolstered by larger-than-usual
articulation joint roller bearings, big-displacement wet-
sleeve diesel engines, and heavy-duty transmissions, to
list just a few.
Only our graders are available with John Deere WorkSight™.
This easy-to-use comprehensive suite of technology increases
uptime and productivity while lowering operating costs.
JDLink™ machine monitoring provides real-time machine
utilization and health data, plus location information. Fleet
Care proactively suggests maintenance to correct problems
early before they create costly downtime. Service ADVISOR™
Remote enables your dealer to read diagnostic codes, record
performance data, and even update software without a trip
to the jobsite. And grade-control options make it easy to add
your preferred system.
Key speciƟcations 670G/GP 672G/GP 770G/GP 772G/GP 870G/GP 872G/GP
Net power
(IT4/Stage IIIB)164 kW (220 hp)175 kW (235 hp)183 kW (245 hp)198 kW (265 hp)198 kW (265 hp)211 kW (283 hp)
Net peak torque 1101 Nm
(812 lb.-ft.)
1173 Nm
(865 lb.-ft.)
1235 Nm
(911 lb.-ft.)
1319 Nm
(973 lb.-ft.)
1300 Nm
(959 lb.-ft.)
1375 Nm
(1,014 lb.-ft.)
Net torque rise 68%62%57%50%53%51%
Typical operating
weight
19 205 kg
(42,340 lb.)
19 976 kg
(44,040 lb.)
19 396 kg
(42,760 lb.)
20 217 kg
(44,570 lb.)
20 303 kg
(44,760 lb.)
21 187 kg
(46,710 lb.)
Blade pull 12 800 kg
(28,220 lb.)
17 587 kg
(38,773 lb.)
13 150 kg
(28,990 lb.)
17 913 kg
(39,491 lb.)
13 299 kg
(29,320 lb.)
18 082 kg
(39,864 lb.)
Grand Island Council Session - 3/22/2016 Page 183 / 313
1 32
Seeing is believing.
It’s easy to see why these graders are destined to become industry
favorites. Visibility is clearly unsurpassed, with a large expanse of
Ơoor-to-ceiling tinted glass, narrow front console, and streamlined
saddle arms giving way to a commanding view of the work at hand.
What’s more, the spacious walk-through cab’s many amenities provide
all of the fatigue-beating comfort and quiet an operator could ever
want. So you can count on the kind of productivity you need.
Which grader’s visibility is truly
best-in-class? Depends on where
you’re looking. On ours, you have an
unobstructed view of the things you
need to see. Like the heel and toe, and
back side of the blade. Even the area
beneath the front axle is clearly visible,
so you can see oncoming obstacles.
Storage is generous with numerous
overhead compartments, plus a place
for a beverage, cooler, cell phone, and
other carryons.
Standard 15-amp converter (30-amp
available) and two 12-volt outlets
provide convenient power for cell
phones and other electronic devices.
Narrow center console and stream-
lined saddle bring the blade and
front tires within focus. On GP
models (shown), control linkages
have been eliminated and front
windows lowered 114 mm (41⁄2 in.)
to further enhance blade visibility.
Highly efƟcient HVAC system employs
13 directional vents for superior all-
season comfort. Sliding side glass
and available swing-out lower front
windows add ventilation.
Push-button-activated cruise control
helps reduce operator fatigue. Simply
depress the brake or throttle pedals
to return to manual operation.
Tinted glass, adjustable front and
rear shades, and extended rooƠine
help reduce glare. Standard front
and rear intermittent wipers and
rear window defogger also help
keep the view clear.
We’ve got your back with large
adjustable mirrors that give a clear
view of the tandems and ripper.
Heated mirrors are also available.
If you need to see more, an optional
camera displays the action behind
you on the color LCD monitor in
front of you.
4
5
Grand Island Council Session - 3/22/2016 Page 184 / 313
1. Multi-language LCD monitor gives
push-button access to a wealth of
machine info including vital and general
operating conditions, diagnostic codes,
and even the activity behind you (when
equipped with camera). On IT4 Stage IIIB-
equipped graders, exhaust Ɵlter operation
and maintenance status are indicated
with on-screen displays.
2. Sealed-switch module provides
push-button control of 25 machine
functions including keyless start.
When enabled, keyless start requires
a numeric pass code that helps prevent
unauthorized machine operation.
3. Yet another example of doing things
your way — an alternate mounting
position on the right-side ROPS post
makes it easy to relocate the monitor,
giving way to a grade-control display.
Grand Island Council Session - 3/22/2016 Page 185 / 313
For unsurpassed productivity with
a grade-control system, opt for a
GP model. Eight armrest-mounted
Ɵngertip-actuated controls, including
steering lever, are arranged in the
industry-standard pattern on each
side of the steering wheel. Unlike
the joysticks used in other graders,
your operator won’t have to relearn
the controls. Or be concerned about
unintentionally actuating hydraulic
functions when turning, backing up,
working on a slope, or V-ditching.
No extra levers required for grade
control. Instead, knob-integrated
push buttons provide convenient,
Ɵngertip activation.
Beyond their predictable operator-
friendly controls, GP models come
equipped with cross-slope, return-
to-straight, and IGC ready. These
and numerous other value-added
advantages quickly pay for themselves
in increased productivity.
The genius behind
our grader controls.
Armed with input from the people who run them, we set out to
design the ideal operating system for our next-generation graders.
You talked, we listened, and that’s why we offer a choice.
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Grand Island Council Session - 3/22/2016 Page 186 / 313
1. With high/wide-back and heated
lower cushion, the GP grader’s
air-suspension seat provides
exceptional daylong comfort.
2. Automated cross-slope simpliƟes
holding a consistent slope by
reducing operation to a single
lever. An operator simply selects
the desired slope and the side
of the blade that will be manually
controlled. Once set, the system
automatically adjusts the opposite
blade-lift cylinder to maintain the
slope. It’s a Grade Pro exclusive
that helps veteran operators be
their best and inexperienced
operators get up-to-speed
more quickly.
3. Cross-slope monitor can also be
used as a slope meter. Colored
bars on the LCD screen indicate
the blade position in relation to
the desired slope — to help stay
on grade.
4. At the touch of a button,
return-to-straight automatically
straightens an articulated frame.
For quicker work cycles.
5. Only John Deere offers you a
choice of controls. Our G-Series
models come standard equipped
with conventional mechanical
levers positioned in the industry-
accepted pattern and deliver
precise, predictable low-effort
control.
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Grand Island Council Session - 3/22/2016 Page 187 / 313
Levels everything
but the playing Ɵeld.
The G-Series’ taller mainframe lets these highly productive graders shoulder larger loads
and navigate more easily over obstacles. Provides plenty of clearance for a mid-mount
scariƟer, and simpliƟes blade setup and operation, too. You won’t Ɵnd easier-running
graders, either. Our exclusive Event-Based Shifting (EBS) transmission delivers smooth-
as-silk gear and direction changes, for exceptional control and grading precision without
extra effort. There’s nothing else like them.
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Grand Island Council Session - 3/22/2016 Page 188 / 313
Best-in-class lever efforts are combined
with Pressure-Compensated Load-Sensing
(PCLS) hydraulics to ensure consistent,
predictable, and precise response.
Automatic differential lock stays engaged
when travelling straight, disengages
in turns exceeding 10 degrees, and re-
engages when returning to straight.
When engine-stall prevention senses an
overload, the system automatically shifts
the transmission to neutral and issues a
visual alert. This John Deere exclusive
helps prolong uptime and engine life.
With Ɵve true working speeds below
16 km/h (10 mph) and a top speed of
45 km/h (28 mph), it’s easy to match
ground speed to the work. Autoshift
option automatically shifts gears four
through eight, for even easier operation.
Optimized moldboard curvature and
generous circle torque help keep blades
heaped and loads rolling.
Choose from front scariƟer, mid-mount
scariƟer, or rear scariƟer/ripper. There’s
also a front-lift option that simpliƟes
adding a bulldozer blade or V-plow.
Our “open-architecture” design lets you
employ your favorite brand of grade-control
system. GP models come factory equipped
with bulkhead connectors, sensor mounts,
electrical wiring harnesses, integrated
controls, and exclusive universal moldboard
mast mounts. So adding Topcon, Trimble,
Leica or other grade-control systems is neat,
quick, and noninvasive. For the most seamless
solution, choose the optional Topcon 3D-MC2
grade-control system that’s ready to go when
you take delivery of your GP Motor Grader.
1. Generous throat clearance between the
top of the blade and bottom of the circle
provides smooth material Ơow across the
blade. Plenty of blade clearance makes it
easy to navigate over obstacles, too.
2. Jackscrew-adjusted side-shift wear
inserts keep the moldboard tight and
precise. Takes only minutes to return
tolerances to factory spec.
3. Exclusive ball-and-socket draft-frame
pivot and seven-position saddle provide
best-in-class blade setup and improved
ditch cutting, ditch cleaning, and reach
outside the tires.
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1
Grand Island Council Session - 3/22/2016 Page 189 / 313
1 32
Nothing runs like
a Deere, because
nothing is built
like one.
Downtime is lost time. Which is why we loaded-up these graders
with durability-enhancing advantages that promise to deliver years
of trouble-free service. Large-displacement heavy-duty wet-sleeve
diesel engines. Larger-than-usual axle shafts, differential locks,
hydraulic cylinders, and front axles. Biggest-in-class articulation
joint roller bearings. And solid-state electronics and sealed-switch
modules, to list just a few. When you know how they’re built, you’ll
run a John Deere.
Variable-speed hydraulic reversing
fan cycles to eject debris from the
radiator and cooler cores only as
needed, reducing fuel consumption
while lowering sound levels and
daily operating costs. Or choose
your preferred cleaning cycles
through the in-cab monitor.
Exclusive auto-shutdown turns
off the engine after an operator-
determined time of idling. Saves
fuel and reduces wear on engine,
transmission, and hydraulic
components.
Self-adjusting wet-disc brakes
are mounted inboard, where they
run cool, clean, and unexposed to
corrosive materials.
Purpose-built PowerShift™ trans-
mission employs durable heavy-duty
clutches and bearings, for reliable
performance, shift after shift.
Separate transmission, hydraulic,
and axle Ɵltration and cooling systems
prevent cross-contamination for
longer component life.
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Grand Island Council Session - 3/22/2016 Page 190 / 313
1. Sealed-switch module (SSM) and electrical
center employ circuit-board technology
that reduces connections from 25 to one,
and wires from 100 to four. Solid-state
seals and switches keep out moisture
and debris, and are proven reliable for
more than two million cycles.
2. Exclusive heavy-duty twin-drive circle
gearbox delivers signiƟcantly increased
durability in heavy-loaded applications.
Standard on 870G/GP and 872G/GP, it’s
optional on others.
3. Our IT4 Stage IIIB technology is simple,
fuel efƟcient, fully integrated, and fully
supported. It employs Ɵeld-proven
cooled exhaust gas recirculation (EGR)
for reducing NOX, and a diesel particulate
Ɵlter (DPF) and diesel oxidation catalyst
(DOC) to reduce particulate matter.
Periodic active and passive regeneration
automatically cleans the Ɵlter without
impacting machine productivity.
4. High-strength circle and draft frame
withstand high-impact loads. Available
blade-impact system further protects
structural components from damage
caused by run-ins with obstructions.
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3. Power is nothing without control.
On our six-wheel-drive graders, the
front wheels engage smoothly and in
sync with the rear tandems — making
them highly adept at Ɵnishing.
2. If traction and speed are what you
need, you get it with a John Deere.
All three models deliver six-wheel drive
through 7th gear and 32 km/h (20 mph).
1. Steering system automatically
adjusts the speed of the outside
front tire while increasing pull
to provide full-power turns.
1 2 3
From blue-topping to heavy dirt
work, six-wheel-drive G-Series
Motor Graders are more productive
in all kinds of applications.
Exclusive power-management
system balances the demand
between the front and rear
wheels, delivering smooth
six-wheel power.
Six-wheel drive enables these
graders to work across steep
slopes, carry big loads through
corners, and direct the front
wheels while ditching without
spinning out.
Grand Island Council Session - 3/22/2016 Page 192 / 313
1. Maintenance personnel will
appreciate the unique easy-
access hydraulic, transmission,
and differential Ɵlter bank.
2. Available quick Ơuid-service
ports help speed servicing to
increase uptime. 500-hour
engine oil/Ɵlter; 2,000-hour
transmission, hydraulic, and
axle Ɵlters; and 4,000-hour
transmission, hydraulic, and
axle oil-service intervals
minimize maintenance.
3. Ground-level fueling and a
fast-Ɵll option get you back
into the rat race more quickly.
4. Two-hour replaceable super-
tough nylon or bronze draft
frame and circle wear inserts
minimize maintenance labor.
5. Should a problem arise, easy-
to-navigate LCD monitor provides
diagnostic info and even offers
possible troubleshooting solutions
to decrease downtime.
6. IT4 Stage IIIB diesel particulate
Ɵlter is easily removed through the
top of the engine compartment.
Minimum service interval is 5,000
hours, and must be done by a
John Deere dealer or other
qualiƟed service provider.
Open wide
and be awed.
Unlatch the large side panels and you’ll discover the many
ways these graders minimize maintenance. And help keep daily
operating costs low. Our exclusive slide-out coolers and hinged
fan provide wide-open access to both sides of the cores for
simpliƟed clean-out. Grouped same-side service points make
quick work of the daily routine. Easy-to-check sight gauges
and Ơuid reservoirs. Quick-change Ɵlters. Convenient Ơuid-
sample ports and advanced self-diagnostics — the G-Series are
loaded with time- and money-saving features that help keep
maintenance manageable.
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Compare the total cost of Ơuids, Ɵlters,
parts, and labor for recommended
maintenance and you’ll discover the
John Deere savings is substantial.
Large service doors open wide, and same-
side daily checkpoints are conveniently
grouped for easy ground-level access.
Standard service compartment lights
illuminate the way.
NeverGrease™ is the word for signiƟcant
savings in operating costs. These no-
maintenance pin joints eliminate numerous
zerks and the attention they demand.
Most zerks are grouped in banks for quick
and easy greasing. Conveniently displayed
periodic lube and maintenance chart helps
ensure that nothing’s overlooked.
Exclusive cooling package eliminates
stacked coolers. Together with the hinged
swing-out fan, access to the cores is quick
and cleaning is easy.
Hydraulically driven cool-on-demand
fan runs only as needed, reducing fuel
consumption and wear-causing debris
Ơow through the cores.
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ATTACHMENT 2Grand IslandCouncil Session - 3/22/2016Page 195 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-65
WHEREAS, the City of Grand Island invited proposals for a New Motor Grader,
according to Request for Proposals on file with the Public Works Department; and
WHEREAS, on February 24, 2016 proposals were received, reviewed, and
evaluated in accordance with established criteria; and
WHEREAS, Murphy Tractor of Grand Island, Nebraska submitted a proposal in
accordance with the terms of the Request for Proposals and received the highest ranking based
on the established criteria; and
WHEREAS, the options and lease purchase terms were negotiated for a net
purchase price of $213,600; and
WHEREAS, such amount will be financed by John Deere Finance for five (5)
annual payments of $45,723.02 with the first payment due on November 10, 2017; and
WHEREAS, the total repayment amount will be $228,611.20.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the lease purchase of a New Motor
Grader from Murphy Tractor of Grand Island, NE is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 196 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-14
#2016-66 - Approving Interlocal Agreement with the Hall County
Airport Authority for On-Site Security
Staff Contact: Jerry Janulewicz
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Council Agenda Memo
From: Jerom Janulewicz, City Attorney
Meeting:March 22, 2016
Subject:Approving of Security Interlocal Agreement with Hall
County Airport Authority
Presenter(s):Jerom Janulewicz, City Attorney
Background
The Hall County Airport Authority (“Airport”) is required by federal regulations and as
conditions to its federal funding to provide on-site uniformed, sworn and certified police
officer support to the Transportation Security Administration (“TSA”) passenger
screening checkpoints during checkpoint operating hours. The Airport is proposing to
provide officers through an Interlocal Agreement with the City of Grand Island.
Discussion
The Hall County Airport Authority (“Airport”) is required by federal regulations and as
conditions to its federal funding to provide on-site uniformed, sworn and certified police
officer support to the Transportation Security Administration (“TSA”) passenger
screening checkpoints during checkpoint operating hours. The Airport is proposing to
provide officers through an Interlocal Agreement with the City of Grand Island. The
Airport proposes to reimburse the City at the rate of $30.00 per hour for each officer
assigned to and performing duties pursuant to the proposed Interlocal Agreement.
Alternatives
The Council has the following alternatives concerning the issue at hand. The Council
may:
1.Move to approve
2.Postpone the issue to future date
3.Take no action on the issue
Grand Island Council Session - 3/22/2016 Page 198 / 313
Recommendation
City Administration recommends that the Council approve the Interlocal Agreement
between the City and the Hall County Airport Authority for law enforcement services and
authorize the Mayor sign the Interlocal Agreement.
Sample Motion
Move to approve the 2016 Interlocal Agreement between the City and the Hall County
Airport Authority for law enforcement services.
Grand Island Council Session - 3/22/2016 Page 199 / 313
1
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE HALL COUNTY AIRPORT AUTHORITY
AND
THE CITY OF GRAND ISLAND
THIS INTERLOCAL COOPERATION AGREEMENT is entered into this ______ day
of ____________, 2016, by and between the HALL COUNTY AIRPORT AUTHORITY, a
Political Subdivision (“Airport Authority”) and the CITY OF GRAND ISLAND, NEBRASKA,
a Municipal Corporation (“City”).
1.STATEMENT OF PURPOSE. The purpose of this Agreement is to establish an
interlocal agreement by which the City will provide to the Airport Authority uniformed, sworn
and certified police officers to carry out the operational terms and conditions of the LAW
ENFORCEMENT PERSONNEL REIMBURSEMENT PROGRAM (“Program”) as set forth in
the Law Enforcement Officer Program Statement of Joint Objectives applicable to
Transportation Security Administration (“TSA”) and Airport Authority and in accordance with
49 C.F.R Part 1542.
2.CITY'S RESPONSIBILITIES AND DUTIES. The City's responsibilities and
duties shall include:
a.The City will assign police officers (“LEOs”) on-site at the Central
Nebraska Regional Airport (“Airport”) during TSA Screening checkpoint
operating hours, and to provide law enforcement support to the passenger-
screening checkpoints in keeping with requirements provided by TSA in
accordance with the current Security Directive SD 1542-01-07 (series),
regulations, and other authorities regarding law enforcement services, subject to
Grand Island Council Session - 3/22/2016 Page 200 / 313
2
modification in how the checkpoints are stationed as necessary based on changes
in threat levels, surges, seasonality and/or other circumstances as determined by
the TSA Federal Security Director (“FSD”) in consultation with Authority. At a
minimum, LEOs will: (i) support TSA’s screening operations, including dealing
with attempts to bring prohibited items through the checkpoint, disorderly persons
and similar tasks, (ii) follow an established law enforcement response standard
which is mutually acceptable to the FSD, Authority and City. In addition the FSD,
Authority and City will determine, where appropriate, the level of participation in
TSA’s Layered Security Programs, such as Playbook, Table Top Exercises,
Breach Drills and Joint Vulnerability Assessments. The City will promptly
provide incident reports, police reports and other information when requested by
TSA as part of a regulatory investigation and will fully cooperate with regulatory
investigations.
b.The City shall have sole and exclusive discretion to assign, supervise and
evaluate its LEOs assigned pursuant to the preceding paragraph. The parties agree
that the LEOs provided by the City in furtherance of the Program shall continue
as employees of the City and are not employees of the Airport Authority or TSA.
c.All LEOs assigned to the Airport shall be trained, qualified, certified, sworn,
uniformed and competent to carry out the operational duties of the Program.
Credentials of LEOs and verification will be provided upon request to the Airport
Authority and FSD. The Airport Authority shall provide TSA/FAA training
materials to the City at no cost. Each LEO shall possess all of the qualifications of
Grand Island Council Session - 3/22/2016 Page 201 / 313
3
a LEO set forth in 49 C.F.R. Sec. 1542.217 (as may be amended from time to
time).
d.The City shall provide to the Airport Authority such reports, records,
information and documents as are necessary for the Airport Authority to carry out
its responsibilities and duties pursuant to the Program and to obtain
reimbursement as provided in the Agreement.
e.As mandated by the TSA in the Program, TSA shall have the right to
examine or audit relevant financial records for a period of three (3) years after
expiration of the terms of this Agreement as follows:
(i) As used in this clause, the term “records” includes books, documents,
accounting procedures and practices, and other data, regardless of type and
regardless of whether such items are in written form, in the form of computer data,
or in any other form.
(ii) The City shall maintain and authorized Federal officials shall have the right
to examine and audit all records and other evidence sufficient to reflect properly
all hours claimed to have been incurred in performance of this Agreement. This
right of examination shall include inspection at all reasonable times of the City’s
offices, or parts of them, engaged in performing services pursuant to this
Agreement. The City, upon request shall provide notice to TSA of the location and
custodian of supporting documentation to include Time Sheets, Payroll Report or
Other Documentation that substantiates the hours worked under this Agreement
and will make them available for review during normal working hours when
requested by an authorized Federal official.
(iii) The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the City's
directly pertinent records involving transactions related to this Agreement. This
Article may not be construed to require the City to create or maintain any record
that it does not maintain in the ordinary course of business or pursuant to a
provision of law.
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4
(iv)The City shall make available at its office at all reasonable times the
records, materials and other evidence described in preceding sections (i), (ii) and
(iii) of this article, for examination, audit, or reproduction, until three (3) years
after final payment under this Agreement, or for any longer period required by
statute or by other clauses of the RA. In addition:
(1)If this Agreement is completely or partially terminated, the records
relating to the work terminated shall be made available for three (3) years
after any resulting final termination settlement; and
(2)Records relating to appeals under the "Contract Disputes" clause or to
litigation or the settlement of contract disputes arising under or relating to
the Program shall be made available until such appeals, litigation, or
contract disputes are finally resolved.
f.RECORDS AND RELEASE OF INFORMATION. In the course of service
under this Agreement, The LEOs may have access to certain information called
"Sensitive Security Information" or “SSI”, which is protected by Federal statute and
regulation. The City shall take appropriate measures to protect proprietary, privileged or
otherwise confidential information that may come into the LEOs possession as a result of
services provided pursuant to this Agreement.
3.AIRPORT AUTHORITY RESPONSIBILITIES AND DUTIES. The Airport
Authority responsibilities and duties shall include:
a.The Airport Authority shall reimburse the City for providing LEOs for the Airport
as provided herein at the rate of $30.00 per hour regardless of the actual cost to
the City for each LEO at the time of service. Billing for reimbursement in excess
of 1.0 hours shall be rounded as follows: 15 minutes or less shall be rounded
down to the nearest hour; 16 minutes or more shall be rounded up to the nearest
Grand Island Council Session - 3/22/2016 Page 203 / 313
5
hour with a minimum billing period of not less than 1.0 hours. The foregoing
amount shall be payable by Authority to the City within 30 days of receipt of
periodic statements to be sent by the City to the Airport Authority.
b.The Airport Authority shall advise the City of any operational deficiencies the
Authority finds or receives notice of in the performance of this Agreement by the
LEOs.
c.The Airport authority shall provide premises at the Airport for the LEOs
assigned to the Airport which are suitable for performance of the duties required
by the Program located as set forth on attached Exhibit “A”. The City will provide
furnishings, telephone, and other amenities in its discretion.
d.The Airport Authority shall consult regularly with the City concerning the
Program to request any modifications to this Agreement which are deemed
reasonable, appropriate and prudent and in conformity with the Program and
associated documents.
4.DURATION. This Agreement shall be effective April 1, 2016 thru December 31,
2018, unless earlier terminated by the Airport Authority or the City. If the Program is further
extended by the TSA, the hourly payment from the Airport Authority to the City shall be
renegotiated with the City. Notwithstanding the foregoing, this Agreement may be terminated
earlier by either the Airport Authority or the City providing thirty (30) days written notice to the
other.
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6
5.ACQUISITION, OWNERSHIP AND DISPOSAL OF PERSONAL PROPERTY.
All personal property and fixtures acquired and used in furtherance of the Program shall be
owned by the entity which pays for said personal property or fixture. In the event the Program is
terminated or is not superseded by another Interlocal Cooperation Agreement, the parties shall
take possession of their respective personal property and fixtures or said property may be left in
place at the Airport, whichever is mutually agreeable to the parties. The parties acknowledge
and agree that all computer software and licenses shall remain the property of the City.
6.SEPARATE ENTITY. The parties agree that no separate entity is created by this
Agreement.
7.CHOICE OF LAWS. This Agreement shall be construed in accordance with the
laws of the State of Nebraska, including, but not limited to, the Interlocal Cooperation Act, Neb.
Rev. Stat., §13-801 et seq., as amended.
8.ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
between the City and Airport Authority relating to the Program and may be amended only in
writing, duly approved, adopted and executed by the respective parties.
9.NOTICES. All notice envisioned under the terms and conditions of this
Agreement shall be sent to the other party by first class, United States mail, postage prepaid and
addressed as follows:
City of Grand Island Hall County Airport Authority
Attn: Mayor Attn: Executive Director
PO Box 1968 3855 Sky Park Road
Grand Island, NE 68802 Grand Island, NE 68801
Grand Island Council Session - 3/22/2016 Page 205 / 313
7
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal corporation,
Dated: __________________BY_________________________________
Mayor
Attest: ______________________________
City Clerk
HALL COUNTY AIRPORT AUTHORITY,
A Political Subdivision
Dated: ___________________BY_________________________________
Executive Director
Attest: ______________________________
Administrative Assistant
Grand Island Council Session - 3/22/2016 Page 206 / 313
UP110BAGGAGESCREENING107AIRLINETICKETOFFICE106AIRLINETICKETOFFICE104TICKETCOUNTER112INFORMATION114PUBLICWAITING145CAR RENTALOFFICE144CAR RENTALOFFICE116TSASECURITYCHECKPOINT130KITCHEN129CAFE127RESTAURANT143CAR RENTALOFFICE128EXITING124PASSENGERHOLDROOM136BAGGAGECLAIM119MECHANICAL /ELECTRICAL111OUTBOUNDBAGGAGE121WOMEN'S120MEN'S137INBOUNDBAGGAGE138PASSAGE113LOBBY /CIRCULATION122JANITOR80 SFCARRENTALCOUNTERS142126VESTIBULE125VESTIBULE101VESTIBULE103TICKETQUEUING149VESTIBULE117TSA TELCOM118MAIN TELCOM148ELECTRICAL102TICKETLOBBY105PASSAGE108OFFICE109OFFICE146SPRINKLER147EM. ELEC.123FAMILY132MEN'S133WOMEN'S135FAMILY134JANITOR115TSA QUEUING139CAR RENTALQUEUING140CAR RENTALCOUNTERS141CAR RENTALCOUNTERSGrand IslandCouncil Session - 3/22/2016Page 207 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-66
WHEREAS, The Hall County Airport Authority (“Airport”) is required by federal
regulations and as conditions to its federal grant agreements to provide on-site uniformed, sworn
and certified police officers support to the Transportation Security Administration (“TSA”)
passenger screening checkpoints during checkpoint operating hours, and
WHEREAS, the Airport is requesting that the City of Grand Island provide such
law enforcement officers at the Airport during such screening operating hours, and
WHEREAS, the Hall County Airport Authority will reimburse the City at the rate
of $30.00 per hour per officer for providing law enforcement services to the Airport under an
Interlocal Agreement.
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 enter into the Agreement with the Hall County Airport Authority.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute the 2016 Interlocal Agreement between the Hall County Airport Authority and the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
____________________________________
Jeremy Jensen, Mayor
Attest:
______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 208 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-15
#2016-67 - Approving Pipeline Crossing Agreement with the
Nebraska Central Railroad Company to cross an Industrial Spur
line at the north end of the Central NE Regional Airport
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 3/22/2016 Page 209 / 313
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:March 22, 2016
Subject:Pipeline Crossing Agreement at the Nebraska Central
Railroad Company Crossing for Water Main Project
2015-W-10 at the North end of the Central Nebraska
Regional Airport
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Over the past several years, the Utilities Department has carried out a program to replace
the water mains that go under Railroad tracks throughout the town and tie the water
distribution system together.
A sketch of the crossing area is attached for reference.
Discussion
In order to proceed with this project, a crossing agreement with the Nebraska Central
Railroad Company will be required. Nebraska Central Railroad has a number of
requirements regarding utility pipeline crossing their right-of-way, and the Department
has submitted application for the construction of the new crossing for the railroad’s
review. Attached is a copy of their proposed agreement for the project. The industrial
Spur: 3.67 at the northerly end of the Central Nebraska Regional Airport crossing
agreement Engineering Station 30+67, includes a one-time fee of $1,000.00.
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
Grand Island Council Session - 3/22/2016 Page 210 / 313
Recommendation
It is recommended that Council authorize the execution of the Pipeline Crossing
Agreement with the Nebraska Central Railroad Company for Water Main Project 2015-
W-10, and approve the one-time fee of $1,000.00.
Sample Motion
Move to authorize the execution of the Pipeline Crossing Agreement with the Nebraska
Central Railroad Company for Water Main Project 2015-W-10.
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Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-67
WHEREAS, the construction of Water Main Project 2016-W-10 will require a
crossing under an industrial spur line at the north end of the Central Nebraska Regional Airport;
and
WHEREAS, the Nebraska Central Railroad Company requires a Pipeline
Crossing Agreement to be entered in to for persons crossing its property for such purposes with a
one-time fee payment of $1,000.00 for the crossing under the industrial spur line at the north end
of the Central Nebraska Regional Airport; and
WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline
Crossing Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by
and between the City and the Nebraska Central Railroad Company, for the construction and
maintenance of Water Main Project 2015-W-10 at the north end of the Central Nebraska
Regional Airport, is hereby approved; and the Mayor is hereby authorized to sign such
agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
____________________________
Jeremy L. Jensen, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 230 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-16
#2016-68 - Approving Continuing Disclosure Agreement and
Certificate of Participant Agreement with Omaha Public Power
District for 2016 Series A Bonds
Staff Contact: Tim Luchsinger, Jerry Janulewicz
Grand Island Council Session - 3/22/2016 Page 231 / 313
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Timothy Luchsinger, Utilities Director
Meeting:March 22, 2016
Subject:Nebraska City Unit #2 – Separate System Bonds
Continuing Disclosure Agreement and Certificate of
Participant
Presenter(s):Tim Luchsinger, Utilities Director
Background
The City of Grand Island is a participant in a coal fired power plant along with the
Omaha Public Power District (OPPD). The unit is the second on that site and is generally
referred to as NC#2. The methods of project funding are included in the Power
Participation Agreement (PPA) between the City and OPPD.
This is a 664 MW power plant with OPPD having 300 MW committed to their system
and 332 MW dedicated to seven Project Participants; public power utilities in Nebraska,
Missouri and Minnesota. Grand Island’s Participation Share is 34 MW. The financing of
the project is structured such that OPPD will issue their bonds for their share and will
also issue the bonds for the Participants’ share. The Participants’ costs to service that debt
are to be billed monthly over the 40 year life of the plant. Participants were obligated
under the PPA to begin Capital Cost payments at the time the unit went into commercial
operation in 2009. The bond issue for the Participants’ Share of the Capital Costs is
referred to as the Separate System Bonds.
Discussion
Continuing Disclosure Agreement
Once the long term financing was in place for the Participants’ share of the project capital
costs, the administration of the bond issue requires each of the Participants to provide
annual financial information to OPPD who will act as the Dissemination Agent. OPPD
will then compile the annual information from each Participant for dissemination to the
bond holders and Underwriters in accordance with the bond covenants.
Attached is the Continuing Disclosure Agreement. By execution of this agreement, the
City certifies that it will provide the required financial and operating information
Grand Island Council Session - 3/22/2016 Page 232 / 313
annually to OPPD over the term of the bond issue. The City also agrees that it will notify
OPPD of circumstances that might occur during the term of the bonds that would have a
material affect on the financial status of the Electric Utility. The information provided
under this agreement would normally be provided by the City in support of Electric
Revenue bonds issued directly by the City, but in the case of the NC#2 Project, each
Participant makes submittal to OPPD, the Dissemination Agent, who compiles the data
for dissemination in accordance with the Bond Covenants.
All participants in the Separate System Bonds issuance are required to execute the
Continuing Disclosure Agreement.
Certificate of Participant
The NC#2 Separate System Bond issue requires the compilation of financial and
operating data from each of the project Participants in order to prepare the Official
Statement and other documents necessary to proceed with the issuance of the bonds to
finance the Participants’ share of the construction project. Each Participant must provide
the required information and certify that this information is correct.
Attached is the Certificate of Participant. By execution of this document the City
certifies that the information provided for preparation of the Separate System Bonds issue
is correct and that there are not material legal matters pending which would affect the
Participants’ ability to meet its obligation to the project at the date of bond issuance.
All participants in the Separate System Bonds issuance are required to execute a
Certificate of Participant.
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 Continuing Disclosure Agreement and the
Certificate of Participant be approved by Council for execution by the Mayor.
Sample Motion
Move to approve the Continuing Disclosure Agreement and the Certificate of Participant
and to authorize the Mayor to execute the documents.
Grand Island Council Session - 3/22/2016 Page 233 / 313
4848-8185-9375.1
KUTAK ROCK LLP
DRAFT 03/09/16
$103,685,000
OMAHA PUBLIC POWER DISTRICT (NEBRASKA)
SEPARATE ELECTRIC SYSTEM REVENUE BONDS (NEBRASKA CITY 2)
2016 SERIES A
THIS CONTINUING DISCLOSURE AGREEMENT, dated as of April 13, 2016 (this
“Disclosure Agreement”), is executed and delivered by the undersigned (the “Participant”) and
Omaha Public Power District, in its capacity as Dissemination Agent hereunder (the
“Dissemination Agent”) and in its capacity as Issuer (the “Issuer”) of the above-captioned bonds
(the “Bonds”) issued pursuant to the Issuer’s Resolution No. 6019 adopted November 13, 2014
(as supplemented by Resolution No. 6090 adopted December 17, 2015, collectively, the
“Resolution”). The Participant and the Issuer covenant and agree as follows:
Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Participant, the Dissemination Agent and the Issuer for the benefit
of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating
Underwriters in complying with, and constitutes the written undertaking of the Participant for the
benefit of the Bondholders required by, Section (b)(5)(i) of Securities and Exchange
Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (17 C.F.R.
§ 240.15c2-12) (the “Rule”).
The Participant, as an “obligated person” within the meaning of the Rule, undertakes to
provide the following information as provided in this Disclosure Agreement:
(1)Annual Financial Information; and
(2)Audited Financial Statements, if any.
Section 2. Definitions. In addition to the definitions set forth in the Resolution, which
apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this
Section, the following capitalized terms shall have the following meanings:
“Annual Financial Information” means, in the case of the Participant, the financial
information or operating data, provided at least annually, of the type included in the Participant’s
section of Appendix A of the final official statement with respect to the Bonds as more
specifically set forth in Exhibit A hereto, which Annual Financial Information may, but is not
required to, include Audited Financial Statements. Annual Financial Information which consists
of financial information derived from financial statements of the Participant (and not operating
data) shall be prepared in accordance with generally accepted accounting principles as
promulgated to apply to governmental entities from time to time by the Governmental
Accounting Standards Board.
“Audited Financial Statements” means, in the case of the Participant, the annual audited
financial statements of the Participant, if any. Audited Financial Statements shall be prepared in
accordance with generally accepted accounting principles as promulgated to apply to
governmental entities from time to time by the Governmental Accounting Standards Board.
Grand Island Council Session - 3/22/2016 Page 234 / 313
2
4848-8185-9375.1
“Beneficial Owners” means any person who has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding
Bonds through nominees or depositories.
“Dissemination Agent” means initially, Omaha Public Power District, acting in its
capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in
writing by the Issuer.
“Holders” means either the registered owners of the Bonds, or, if the Bonds are registered
in the name of The Depository Trust Participant or another recognized depository, any applicable
participant in its depository system.
“MSRB” means the Municipal Securities Rulemaking Board.
“Participant Report Date” has the meaning set forth in Section 3(a) hereof.
“Participating Underwriters” means the original underwriters of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
“Participation Agreement” means the Participation Power Agreements dated January 15,
2004, between the District and each Participant and any replacements thereof, as the same may
be amended from time to time, which contain commitments by the Participants to finance and
pay for the construction and operation of the Separate System.
Section 3. Provision of Annual Reports.
(a)While any Bonds are outstanding, the Participant shall, or upon written
direction shall cause the Dissemination Agent to, provide the Annual Financial
Information on or before the 210th day after the end of each fiscal year (the “Participant
Report Date”), beginning on or after the date hereof, to the MSRB. If the Dissemination
Agent is to provide the Annual Financial Information, not later than 15 Business Days (as
defined in the Resolution) prior to said date, the Participant shall provide the Annual
Financial Information to the Dissemination Agent. The Participant shall include with
each such submission of Annual Financial Information to the Dissemination Agent a
written representation addressed to the Dissemination Agent, upon which the
Dissemination Agent may conclusively rely, to the effect that the Annual Financial
Information is the Annual Financial Information required to be provided by it pursuant to
this Disclosure Agreement and that it complies with the applicable requirements of this
Disclosure Agreement. In each case, the Annual Financial Information may be submitted
as a single document or as a set of documents, and all or any part of such Annual
Financial Information may be provided by specific cross-reference to other documents
available to the public on the MSRB’s internet website, or filed with the Securities and
Exchange Commission. The Audited Financial Statements, if any, may, but are not
required to be, provided as a part of the Annual Financial Information.
If not provided as part of the Annual Financial Information, the Participant shall,
or, upon furnishing such Audited Financial Statements to the Dissemination Agent shall
Grand Island Council Session - 3/22/2016 Page 235 / 313
3
4848-8185-9375.1
cause the Dissemination Agent to, provide Audited Financial Statements when and if
available while any Bonds are Outstanding to the MSRB.
If by 15 Business Days prior to a Participant Report Date the Dissemination
Agent has not received a copy of the Annual Financial Information, the Dissemination
Agent shall contact the Participant to give notice that the Dissemination Agent has not
received the Annual Financial Information and that such information must be provided to
the MSRB, by the applicable Participant Report Date.
The Dissemination Agent shall, to the extent the Participant has provided the
Annual Financial Information to the Dissemination Agent and required such information
be sent to the MSRB, file a report with the Participant certifying that the Annual
Financial Information has been provided by the Dissemination Agent to the MSRB
pursuant to this Disclosure Agreement, stating the date it was provided.
If the Dissemination Agent does not receive the Annual Financial Information
from the Participant required by clause (a) of this Section by the applicable Participant
Report Date, the Dissemination Agent shall, without further direction or instruction from
the Participant, provide to the MSRB, notice of any such failure to provide to the
Dissemination Agent Annual Financial Information by the applicable Participant Report
Date. For the purposes of determining whether information received from the Participant
is Annual Financial Information, the Dissemination Agent shall be entitled conclusively
to rely on the written representation made by the Participant pursuant to this Section.
All information provided by a Participant to the MSRB or to the Dissemination
Agent pursuant hereto shall be provided in an electronic format as prescribed by the
MSRB.
Section 4. Termination of Reporting Obligation. The Participant’s, and the
Dissemination Agent’s and the Issuer’s obligations under this Disclosure Agreement shall
automatically terminate once the Bonds are no longer Outstanding.
Section 5. Dissemination Agent. The Issuer may, from time to time, with written notice
to the Participant, appoint or engage a third-party Dissemination Agent to assist it in carrying out
its obligations under this Disclosure Agreement, and may discharge any such Dissemination
Agent, with or without appointing a successor Dissemination Agent, upon notice to the
Dissemination Agent. The initial Dissemination Agent shall be the Issuer. To the extent any
Dissemination Agent engaged by the Issuer requires payment of a fee, or the Issuer incurs any
expenses in discharging its obligations hereunder, the Participant shall promptly reimburse the
Issuer for its pro rata portion of such fees (determined in such manner as pro rata payments are
determined under the Participation Agreement).
Section 6. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the Participant, the Dissemination Agent and the Issuer may amend this
Disclosure Agreement and any provision of this Disclosure Agreement may be waived by the
parties hereto, if such amendment or waiver is supported by an opinion of counsel expert in
federal securities laws, acceptable to the Participant and the Issuer, to the effect that such
Grand Island Council Session - 3/22/2016 Page 236 / 313
4
4848-8185-9375.1
amendment or waiver would not, in and of itself, cause the undertakings herein to violate the
Rule if such amendment or waiver had been effective on the date hereof but taking into account
any subsequent change in or official interpretation of the Rule, provided that the Participant shall
have provided notice of such delivery and of the amendment to the MSRB, provided that neither
the Issuer nor the Dissemination Agent shall be obligated to agree to any amendment that
modifies the duties or liabilities of the Dissemination Agent or the Issuer without their respective
consent thereto. Any such amendment shall satisfy, unless otherwise permitted by the Rule, the
following conditions:
(i)The amendment may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law or change in
the identity, nature or status of the obligated person or type of business conducted;
(ii)This Disclosure Agreement, as amended, would have complied with the
requirements of the Rule at the time of the primary offering, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and
(iii)The amendment does not materially impair the interests of Beneficial
Owners and Holders of any of the Bonds, as determined either by parties unaffiliated
with the Participant (such as counsel expert in federal securities laws), or by approving
vote of Bondholders pursuant to the terms of the Resolution at the time of the
amendment. The initial Annual Financial Information after the amendment shall explain,
in narrative form, the reasons for the amendment and the effect of the change, if any, in
the type of operating data or financial information being provided.
Section 7. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Participant from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Financial Information or other disclosure, in
addition to that which is required by this Disclosure Agreement. If the Participant chooses to
include any information in any Annual Financial Information or other disclosure in addition to
that which is specifically required by this Disclosure Agreement, the Participant shall have no
obligation under this Disclosure Agreement to update such information or include it in any future
Annual Financial Information.
Section 8. Default. In the event of a failure of the Participant, the Dissemination Agent
or the Issuer to comply with any provision of this Disclosure Agreement, the Issuer, may, on its
own behalf, or at the written direction of a Participating Underwriter, or the Holders of at least
25% in aggregate principal amount of Outstanding Bonds, shall, but only to the extent the Issuer
receives indemnification to its satisfaction, or any Beneficial Owner or Holder of any of the
Bonds may, seek mandate or specific performance by court order, to cause the Participant, the
Dissemination Agent or the Issuer, as the case may be, to comply with its obligations under this
Disclosure Agreement; provided that neither the Participant, the Dissemination Agent nor the
Issuer shall be liable for monetary damages or any other monetary penalty or payment for breach
of any of its obligations under this Section or unless, in the case of the Participant, such breach
shall have been willful or reckless. A default under this Disclosure Agreement shall not be
deemed an Event of Default under the Resolution or Participation Agreement, and the rights and
Grand Island Council Session - 3/22/2016 Page 237 / 313
5
4848-8185-9375.1
remedies provided by the Resolution or Participation Agreement upon the occurrence of an
“Event of Default” shall not apply to any such failure. The sole remedy under this Disclosure
Agreement in the event of any failure of the Participant, the Dissemination Agent or the Issuer to
comply with this Disclosure Agreement shall be an action to compel performance.
Section 9. Duties, Immunities and Liabilities of Issuer and Dissemination Agent.
The Dissemination Agent (if other than the Issuer or the Issuer in its capacity as Dissemination
Agent) and the Issuer shall have only such duties as are specifically set forth in this Disclosure
Agreement. The Dissemination Agent and Issuer shall be paid compensation by the Participant
for its services provided hereunder and all expenses, legal fees and advances made or incurred by
the Dissemination Agent hereunder. Neither the Dissemination Agent nor the Issuer shall have
any duty or obligation to review any information provided to it by the Participant hereunder or
shall be deemed to be acting in a fiduciary capacity for the Participant, the Holders or Beneficial
Owners of the Bonds or any other party. The obligations of the Participant under this Section
shall survive resignation or removal of the Dissemination Agent or Issuer.
Section 10. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Participant, the Issuer, the Participating Underwriters and the Beneficial Owners and
Holders of any Bonds and shall create no rights in any other person or entity.
Section 11. Interpretation. It being the intention of the Participant and the Issuer that
there be full and complete compliance with the Rule, this Disclosure Agreement shall be
construed in accordance with the written guidance and no-action letters published from time to
time by the MSRB and the Securities and Exchange Commission and its staff with respect to the
Rule.
Section 12. Governing Law. This Disclosure Agreement shall be governed by the laws
of the State of Nebraska.
Section 13. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
[Remainder of Page Left Blank Intentionally]
Grand Island Council Session - 3/22/2016 Page 238 / 313
6
4848-8185-9375.1
CITY OF GRAND ISLAND, NEBRASKA
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
[Signature Page to City of Grand Island, Nebraska
Continuing Disclosure Agreement]
Grand Island Council Session - 3/22/2016 Page 239 / 313
7
4848-8185-9375.1
OMAHA PUBLIC POWER DISTRICT
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
[Signature Page to City of Grand Island, Nebraska
Continuing Disclosure Agreement]
Grand Island Council Session - 3/22/2016 Page 240 / 313
4848-8185-9375.1
EXHIBIT A
“Energy Sales and Customer Information”; “Condensed Statement of Operations”; “Net
Revenues Available for Debt Service”; “Selected Balance Sheet Information”
Grand Island Council Session - 3/22/2016 Page 241 / 313
4843-4964-1519.1
KUTAK ROCK LLP
DRAFT 03/09/16
CERTIFICATE OF PARTICIPANT
$103,685,000
OMAHA PUBLIC POWER DISTRICT (NEBRASKA)
SEPARATE ELECTRIC SYSTEM REVENUE BONDS (NEBRASKA CITY 2)
2016 SERIES A
The undersigned (the “Participant”) hereby certifies as follows:
1.As of the date hereof, there is no action, suit, proceeding, inquiry or investigation,
at law or in equity, before or by any court, government agency, public board or body, pending
against the Participant or, to the best knowledge of the Participant, threatened against the
Participant, affecting the corporate existence of the Participant or the titles of its officers and
directors to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the
performance of the Participant of its obligations under the Participation Power Agreement dated
as of January 15, 2004, as amended to the date hereof (the “Participation Agreement”), between
the Participant and the Omaha Public Power District (the “District”) or the Transmission
Facilities Cost Agreement effective as of September 7, 2006 and entered into by the Participant
in connection with the Participation Agreement (the “Transmission Agreement”), or contesting
or affecting as to the Participant the validity or enforceability of the Participation Agreement or
Transmission Agreement, or contesting powers of the Participant or the execution and delivery
by the Participant of the Participation Agreement or Transmission Agreement, nor, to the best
knowledge of the Participant, is there any basis for any such action, suit, proceeding, inquiry or
investigation, wherein an unfavorable decision, ruling or finding would materially adversely
affect the corporate existence or authority of the Participant or the authorization, execution,
delivery or performance by the Participant under the Participation Agreement or the
Transmission Agreement.
2.As of the date hereof, there exists no default under the Participation Agreement or
Transmission Agreement nor has any event occurred which, with the passage of time or the
giving of notice or both, would become a default under the Participation Agreement or
Transmission Agreement.
3.The Participant has all necessary right, power and authority to execute and deliver
the Continuing Disclosure Agreement dated as of March 11, 2015 by and between the Participant
and the District. The Participant is not currently in default of its obligations under any other
continuing disclosure agreements, including, without limitation, the Continuing Disclosure
Agreements with the District dated December 1, 2005, September 28, 2006, December 2, 2008
and March 11, 2015.
4.The Participant acknowledges and agrees that the Participation Agreement has
become effective in accordance with the requirements set forth in Section 23.10 and 23.11 of the
Participation Agreement, and that the Participation Agreement and the Transmission Agreement
constitute the legal, valid and binding obligations of Participant, enforceable in accordance with
their terms. Without limiting the foregoing, the Participant agrees and acknowledges that LB
969 was passed by the 2004 Nebraska Legislature and that the Participant therefor represents and
Grand Island Council Session - 3/22/2016 Page 242 / 313
2
4843-4964-1519.1
warrants in accordance with Sections 2.2.4 and 23.12 that the step-up provisions contained in
Section 17.3 of the Participation Agreement are the legal, valid and binding obligation of the
Participant, enforceable in accordance with their terms.
5.With respect to the Preliminary Official Statement dated February 23, 2016 (the
“Preliminary Official Statement”) and the Official Statement dated March 2, 2016 (the “Official
Statement”) issued in connection with the above referenced bonds (the “Bonds”), the information
contained in Exhibit A thereof pertaining to the Participant did not as of its date, and does not as
of the date hereof, contain any untrue statement of a material fact relating to the Participant or
omit to state a material fact necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading.
The following certification applies only if the Participant is not Nebraska Public Power District
(“NPPD”):
6.The Participant, in accordance with Section 2.2.6 of the Participation Agreement,
hereby represents and warrants that all payments for Operation and Maintenance Costs (as
defined in the Participation Agreement) made by the Participant under the Participation
Agreement will at all times be deemed ordinary and necessary operational costs of Participant,
which will be paid on an equal basis with other ordinary and necessary operational costs of the
Participant and prior to the payment of any financed debt of the Participant.
The following certification applies only if the Participant is NPPD:
7.The Participant, in accordance with Section 2.2.6 of the Participation Agreement,
hereby covenants to provide the District with a surety covering its share of the ongoing
Operation and Maintenance Costs in accordance with Section 16.2 of the Participation
Agreement.
[Remainder of Page Intentionally Left Blank]
Grand Island Council Session - 3/22/2016 Page 243 / 313
3
4843-4964-1519.1
DATED: April 13, 2016 CITY OF GRAND ISLAND, NEBRASKA
By:
Name:
Title:
Grand Island Council Session - 3/22/2016 Page 244 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-68
WHEREAS, the City of Grand Island entered into a Participation Power
Agreement with the Omaha Public Power District (OPPD) on January 15, 2004 to acquire 5% or
approximately 30 megawatts of the capacity of OPPD’s Nebraska City Power Plant addition
referred to as NC2; and
WHEREAS, the City of Grand Island determined that the City’s best option for
financing the City’s portion of OPPD NC2 Power Plant was through the issuance by OPPD of
Separate Electric System Revenue Bonds (OPPD Bonds); and
WHEREAS, as a part of the process of arranging financing for the OPPD Bonds,
OPPD has requested that the City execute a Continuing Disclosure Agreement and a Certificate
of Participant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The Mayor and Council hereby find and determine that the City has entered into a
Participation Power Agreement (the “Agreement”) with Omaha Public Power District
(“OPPD”) with respect to the purchase of power from a coal fueled generating unit that
has been constructed at OPPD’s Nebraska City, Nebraska plant location; that for purposed
of carrying out its obligations under the Agreement, OPPD is currently issuing its
Separate Electric System Revenue Bonds (Nebraska City), 2016 Series A, (the “OPPD
Bonds”) and has requested that the City execute and deliver a Continuing Disclosure
Agreement for purposes of assisting OPPD and its underwriters in carrying out their
obligations under Rule 15c2-12 of the Securities and Exchange Commission and for the
City to deliver certain certifications to OPPD in connection with its issuance of the OPPD
Bonds; and that documents for approval by the Mayor and Council have been prepared
and presented as follows:
(a)Continuing Disclosure Agreement between the City and OPPD (in the
separate capacity of Dissemination Agent) to be dated as of April 13, 2016;
and
(b)Certificate of Participant, to be dated the date of issuance of the OPPD Bonds
(the documents described in (a) and (b) are referred to as the “City Closing
Documents”);
and that the City Closing Documents are in acceptable form and should be approved and their
execution and delivery authorized.
2.The Agreement is hereby ratified and confirmed in all respects and the Mayor (or
in his absence, the President of the Council) is hereby authorized to execute and deliver
the Closing Documents on behalf of the City.
Grand Island Council Session - 3/22/2016 Page 245 / 313
- 2 -
3.This resolution is hereby determined to be a measure necessary to carry out the
obligations of the City under the Agreement and shall be in force and effect immediately
upon its passage and approval.
---
PASSED AND APPROVED by the City Council of the City of Grand Island,
Nebraska, March 22, 2016.
__________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 246 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-17
#2016-69 - Approving Execution of Prairie Breeze Power Purchase
Agreement Estoppel
Staff Contact: Tim Luchsinger, Jerry Janulewicz
Grand Island Council Session - 3/22/2016 Page 247 / 313
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Jerry Janulewicz, City Attorney
Meeting:March 22, 2016
Subject:Execution of Prairie Breeze Power Purchase Agreement
Estoppel
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Utilities Department has made efforts to be involved in developing technologies
regarding renewable energy. Presently, the most cost effective form of renewable energy
is wind energy. Since 1998, the City’s Utilities Department has participated in a number
of Wind Turbine projects. Currently, the Utilities Department is participating in
Ainsworth Wind Farm, Elkhorn Ridge Wind Farm, Laredo Ridge Wind Farm, Broken
Bow Wind Farm, and the Prairie Breeze 3 Wind Project. The use of fossil fuels for
electricity production is coming under increasing scrutiny at the national level and more
restrictions and regulations are likely to be placed upon fossil fuels, particularly coal.
With the City’s primary energy supply being produced from coal, the overall rate impact
from environmental regulations could be significant.
On May 8, 2012, City Council directed the Utilities Department to evaluate additional
renewable resource energy opportunities as they arise. The Utilities Department has been
approached by Invenergy regarding a possible wind farm in North Central Nebraska. On
June 9, 2015, Council approved the Power Purchase Agreement with Invenergy for the
Prairie Breeze III Wind Energy Project Complex in Nebraska.
Discussion
Invenergy is currently in the process of transferring a significant portion of its equity
position in Prairie Breeze III to another investor. One of the items necessary to complete
the transaction is an executed Estoppel Certificate which attests that there are no defaults
or unsatisfied contractual issues by Invenergy under the Power Purchase Agreement with
the City. This Estoppel has been reviewed by Utilities and Legal staff and its execution is
recommended.
Grand Island Council Session - 3/22/2016 Page 248 / 313
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 execution of the Prairie
Breeze Power Purchase Agreement Estoppel.
Sample Motion
Move to approve the execution of the Prairie Breeze Power Purchase Agreement
Estoppel.
Grand Island Council Session - 3/22/2016 Page 249 / 313
ESTOPPEL CERTIFICATE
POWER PURCHASE AGREEMENT
This ESTOPPEL CERTIFICATE (this “Estoppel Certificate”), dated as of
[________________], 201[_], is executed by The City of Grand Island, Nebraska, doing
business as City of Grand Island, a municipal corporation and City of the First Class
organized and existing pursuant to Neb. Rev. Stat. §§ 16-101 et. seq., and under the laws
of the State of Nebraska (the “Undersigned”).
A.BAL Investment & Advisory, Inc. (the “Investor”) shall, if certain
conditions precedent are satisfied, make certain equity capital contributions to the direct
parent of Prairie Breeze Wind Energy III LLC, a Delaware limited liability company (the
“Company”);
B.The Undersigned and the Company are parties to that certain Power
Purchase Agreement, dated as of June 9, 2015, between the Company and the
Undersigned, together with the schedules, annexes and exhibits attached thereto, as
amended by that certain First Amendment to Power Purchase Agreement, dated as of
September 8, 2015, between the Company and the Undersigned (as further amended,
restated, supplemented or otherwise modified, the “Agreement”); and
C.The Company has advised the Undersigned that Prairie Breeze Expansion
Holdings LLC, a Delaware limited liability company and the direct parent of the
Company (“Holdings”), Prairie Breeze Expansion Class B Holdings LLC, a Delaware
limited liability company and the direct parent of Holdings and the Investor have entered
into a certain Equity Capital Contribution Agreement, dated as of August 7, 2015 and that
this Estoppel Certificate is being delivered in connection therewith.
The Undersigned hereby confirms to the Investor as of the date first written above
that:
1.To the actual knowledge of the Undersigned, no defaults exist under the
Agreement, and no default, breach, unsatisfied condition or other event has occurred or
circumstances exist that constitute or that, with the giving of notice or the passage of time
(including the passage of time during which a default has occurred and has not yet been
cured during any applicable grace period) or both, would constitute such a default under
the Agreement.
2.As of the date hereof, (i) the Agreement represents the entire agreement
between the Undersigned and the Company, the Agreement is in full force and effect and
has not been amended, supplemented or modified since the date of execution thereof
(other than as described above), (ii) to the actual knowledge of the Undersigned, there are
no disputes or proceedings between the Undersigned on the one hand and the Company
on the other, (iii) the Undersigned is not aware of any event, act, circumstance or
condition constituting an event of force majeure (as defined in the Agreement), (iv) each
of the Undersigned and the Company does not owe any indemnity payments under the
CHI:2941932.6
Grand Island Council Session - 3/22/2016 Page 250 / 313
2
Agreement and (v) the Undersigned has confirmed in writing to the Company that the
Conditions to Commercial Operation have been achieved as contemplated by Section 3.2
of the Agreement.
3.To the actual knowledge of the Undersigned, all payments, costs and
expenses required to be made or paid under the Agreement as of the date hereof have
been made or paid by or on behalf of the Company. All representations made by the
Undersigned under the Agreement are true and correct as of the date hereof.
4.Undersigned hereby agrees to deliver to the Investor, at the address
provided on Attachment 1 hereto, a copy of any notice required to be delivered to a
“Seller Lender” (as defined in the Agreement) under Section 20.11.4 of the Agreement.
5.Undersigned hereby agrees that the Investor shall have the right, but not
the obligation, to pay all sums due under the Agreement by the Company and to perform
any other act, duty or obligation required of the Company thereunder at any time, and any
such payment or performance shall be effective to prevent any event or condition that
would, either immediately or with the passage of time or giving of notice, or both, entitle
Undersigned to terminate or suspend its obligations under the Agreement (a “Termination
Event”).
6.Undersigned therefore agrees that no Termination Event will become
effective under the Agreement unless it provided written notice to the Investor, as a
“Seller Lender” (as defined in the Agreement), in accordance with the notice
requirements set forth in Section 20.11.4 of the Agreement. If the Undersigned becomes
entitled to terminate or suspend the Agreement due to an uncured Termination Event by
the Company, the Undersigned shall not terminate, or suspend its obligations under, the
Agreement unless the Investor has not cured such Termination Event within the
applicable cure period afforded to the Company under the Agreement.
7.Any curing of or attempt to cure any Termination Event shall not be
construed as an assumption by the Investor of any covenants, agreements or obligations
of the Company under or in respect of the Agreement.
8.The execution, delivery and performance by the Undersigned of the
Agreement and this Estoppel Certificate have been duly authorized by all necessary
corporate action and do not and will not violate any provision of any law, regulation,
order, judgment, injunction or similar matters or breach any agreement presently in effect
with respect to or binding on the Undersigned.
9.To the actual knowledge of the Undersigned, all government approvals
necessary for the execution, delivery and performance by the Undersigned of its
obligations under the Agreement have been obtained and are in full force and effect.
Grand Island Council Session - 3/22/2016 Page 251 / 313
3
10.The Undersigned has no present actual knowledge of any facts entitling
the Undersigned to any claim, counterclaim, offset or defense against the Company in
respect of the Agreement.
11.The Undersigned has not received notice of any assignment
of the right, title and interest of the Company in, to and under the Agreement, other than
the collateral assignment made to The Bank of New York Mellon, as collateral agent for
the financing parties (“Collateral Agent”) pursuant to that certain Consent and
Agreement, dated as of October ___, 2015, between Undersigned, the Company and
Collateral Agent, nor has the Undersigned assigned any of its right, title and interest or
liabilities and obligations in, to and under the Agreement.
12.There are no proceedings pending or, to the Undersigned’s
present actual knowledge, threatened against or affecting the Undersigned in any court or
by or before any governmental authority or arbitration board or tribunal that could
reasonably be expected to have a material adverse effect on the condition (financial or
otherwise), business or operations of the Undersigned, or on the ability of the
Undersigned to perform its obligations under, or that purport to affect the legality,
validity or enforceability of, the Agreement.
12.The Agreement has not been terminated by the
Undersigned or the Company pursuant to Section 13.3 thereof.
14.This Estoppel Certificate shall be governed by the laws of the
State of Nebraska, without regard to principles of conflicts of law.
Grand Island Council Session - 3/22/2016 Page 252 / 313
Executed this ____ day of __________________, 2016.
THE CITY OF GRAND ISLAND,
NEBRASKA DOING BUSINESS AS CITY
OF GRAND ISLAND,
a municipal corporation and City of the First
Class
By_____________________________
Name:
Title:
Grand Island Council Session - 3/22/2016 Page 253 / 313
Attachment 1
BAL Investment & Advisory, Inc.
555 California Street, 4th Floor,
CA5-705-04-01
San Francisco, CA 94104
Attention: Contracts Administration
Phone: (415) 765-7391
Fax: (404) 532-3461
Email: BALCNotices@baml.com
with a copy to:
BAL Investment & Advisory, Inc.
One Financial Plaza, 2nd Floor
RI1-537-02-02
Providence, RI 02903
Attention: BAL Renewable Energy Finance Portfolio Manager
Phone:(401) 278-8475
Fax: (617) 341-5754
Email:william.h.clement@baml.com
Grand Island Council Session - 3/22/2016 Page 254 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-69
WHEREAS, the Utilities Department has made efforts to be involved in
developing technologies regarding renewable energy; and
WHEREAS, on June 9, 2015 a Power Purchase Agreement for the Prairie Breeze
III Wind Energy Project was approved by Council; and
WHEREAS, Invenergy is currently transferring equity positions in the Prairie
Breeze III project to another investor; and
WHEREAS, the Estoppel Certificate – Power Purchase Agreement has been
reviewed by Utilities and Legal staff for this project and its execution is recommended for
approval by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Estoppel Certificate – Power
Purchase Agreement for a Wind Generation Project Complex in Nebraska is hereby approved,
and the Mayor is hereby authorized to sign the letter on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
______________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 255 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-18
#2016-70 - Approving Municipal Advisory Services Agreement
with Municipal Capital Advisors LLC
Staff Contact: Renae Griffiths
Grand Island Council Session - 3/22/2016 Page 256 / 313
Council Agenda Memo
From:Renae Griffiths, Finance Director
Meeting:March 22, 2016
Subject:Approving Municipal Advisory Services Agreement with
Municipal Capital Advisors LLC
Presenter(s):Renae Griffiths, Finance Director
Background
In recent years the SEC has begun to look more closely at bond issuances for
Municipalities. They have also limited the ability of bond underwriters to act in an
advisory capacity while also underwriting bonds for a municipality. This is primarily
because bond underwriters do not have a fiduciary duty to the City, as they are required
to state in their disclosure statements before underwriting a bond. However, Municipal
Advisors do have a fiduciary duty to the municipality they work for and are able to assist
with many bond related tasks. The Municipal Advisor role is more widely used in other
States, but is beginning to be used within Nebraska.
Discussion
The agreement with Municipal Capital Advisors LLC will designate them as the
Municipal Advisor for the City of Grand Island. They would then have a fiduciary duty,
or responsibility to act in the best interest of the City, to the City of Grand Island when
working as a Municipal Advisor. One of their routine services would be to evaluate
existing bonds for re-bonding opportunities that would result in an overall savings to the
City. They would also work with the City’s bond attorney to ensure timely and accurate
reporting for all current bond issuances. Finally, they would be available to answer
questions related to debt issuances in general.
This agreement replaces the one that was approved back in September 2015 due to Smith
Hayes being acquired by D.A. Davidson & Co. and they have given notice they will no
longer service as the City’s Municipal Advisor. The fee noted in that agreement has been
pro-rated as some services were provided prior to termination. The new agreement takes
that into account and will be pro-rated from 3-22-16 to 9-30-16.
The agreement provides an annual payment of $5,000 for the above services. If the City
decides to pursue an actual debt issuance an additional fee would be paid to Municipal
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Capital Advisors LLC, which is dependent upon the amount of debt issued. When the
City issues debt Municipal Capital Advisors LLC would draft and put out for bid an RFP
related to that specific issuance. This would be done each time debt is issued in order to
ensure the best rates are obtained. The City Attorney’s office has reviewed and approved
the agreement as presented.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the agreement with Municipal Capital Advisors LLC
2.Disapprove or deny agreement
3.Refer to a committee
Recommendation
City Administration recommends that the Council approve the agreement with Municipal
Capital Advisors LLC.
Sample Motion
Move to approve the agreement with Municipal Capital Advisors LLC.
Grand Island Council Session - 3/22/2016 Page 258 / 313
March 15, 2016
City of Grand Island, Nebraska
Re: Municipal Advisory Services Agreement
Dear Mayor Jensen:
On behalf of Municipal Capital Advisors LLC (“we” or “MCA”), we thank you for the
opportunity to serve as exclusive independent municipal financial advisor to the City of Grand
Island, Nebraska (“you” or the “City”). This agreement (Agreement) will establish the terms and
conditions under which MCA will provide municipal financial advisory services to the City in
connection with the organization, financing and development of the public finance market.
1. Financial Advisory Services to be provided by MCA. The City hereby engages
MCA to serve as its independent municipal financial advisor and in such capacity MCA agrees
to provide financial advisory services and related consultant services, which may include but are
not limited to, the services described on Exhibit A in accordance with industry practices and in
the best interest of the City.
Under MSRB Rule G-23, MCA will not be able to serve as underwriter or placement
agent for any notes, bonds or other securities to be issued and sold as part of the Financing. As
financial advisor, MCA’s role is to provide financial advisory and consultant services with
respect to the issuance(s) of securities as set forth on Exhibit A. As financial advisor, MCA
acknowledges it has a fiduciary duty under federal securities law to act in the best interests of the
issuer without regard to its own financial or other interests. MCA’s fiduciary duties include the
duty of care and the duty of loyalty. MCA is registered as a municipal advisor with the
Securities Exchange Commission and Municipal Securities Rulemaking Board.
2. Fees and Expenses. For its financial advisory services, MCA shall be entitled to
certain fees (the “Financial Advisory Fee”) to be paid by the City as described on Exhibit B. In
addition, the City shall reimburse MCA for all out-of-pocket costs and expenses it reasonably
incurs in connection with the services it provides hereunder; provided, however, that such costs
and expenses shall not exceed $1,000 per annum without the City’s prior written consent.
3. Term and Termination. This Agreement shall be for an initial term beginning on
the date this agreement is executed (the “Effective Date”) and ending on September 30, 2019,
subject to earlier termination pursuant to the provisions of Paragraphs 7 and 10 hereof. Effective
at the end of each fiscal year, beginning October 1, 2019, the term of this Agreement shall be
automatically extended for an additional year beyond the then end of the term, unless one party
gives the other party notice, not less than ninety (90) days prior to the end of a fiscal year, that
such party does not agree to such extension of the term. Notwithstanding the forgoing, either
party may terminate MCA’s engagement at any time without liability or penalty upon at least 90
days’ prior written notice to the other party. If MCA’s engagement is terminated by the City, the
City agrees to compensate MCA for the services provided and to reimburse MCA for its out-of-
pocket expenses incurred through the date of termination and if within 12 months following such
Grand Island Council Session - 3/22/2016 Page 259 / 313
termination the City completes a financing which MCA provided any financial advisory services
on, the City shall pay MCA Transaction Related Fees described on Exhibit B, Section 2.
4. Indemnification: Limitation of Liability. The City agrees that neither MCA nor
its employees, officers, agents or affiliates shall have any liability to the City for the services
provided hereunder except to the extent it is judicially determined that MCA engaged in gross
negligence, willful misconduct, knowing violation of law or a breach of its fiduciary duty. In
addition, to the extent permitted by applicable law, the City shall indemnify, defend and hold
MCA and its employees, officers, agents and affiliates harmless from and against any losses,
claims, damages and liabilities that arise from or otherwise relate to the City’s acts or omissions
taken or omitted in connection herewith, or the transactions and other matters contemplated
hereby, except to the extent such losses, claims, damages or liabilities are judicially determined
to be the result of MCA’s gross negligence, or willful misconduct, knowing violation of law or
breach of fiduciary duty. To the extent permitted by applicable law, MCA shall indemnify,
defend and hold the City and its employees, officers, agents and affiliates harmless from and
against any losses, claims, damages and liabilities that arise from or otherwise relate to MCA’s
acts or omissions taken or omitted in connection herewith, or the transactions and other matters
contemplated hereby, to the extent such losses, claims, damages or liabilities are judicially
determined to be the result of MCA’s gross negligence, or willful misconduct, knowing violation
of law or breach of fiduciary duty.
5. Records and Accounts. MCA shall maintain all records and accounts in
connection with the financial advisor services performed pursuant to this Agreement in the
manner and for at least the length of time prescribed by federal and state laws, rules and
regulations governing financial advisors.
6. Ownership of Documents. All studies, reports, documents, estimates, summaries
and any other written materials produced, created or accumulated in performing this Agreement
and delivered to the City are and shall remain the property of the City and may be reproduced,
distributed and published in whole or part without permission or any additional payments or fees
to MCA.
7. Termination for Default. Either party may terminate this Agreement for failure of
the other party to fulfill or promptly fulfill its covenants or obligations under this Agreement.
(a) Upon a breach by one party of any covenant or obligation under this
Agreement, the non-breaching party shall send written notice of such breach to the other
party. If the party in breach does not cure or remedy such breach within 30 business days
of receiving such written notice, the nonbreaching party may terminate this Agreement
immediately.
(b) lf this Agreement is terminated by reason of a default of the Financial
Advisor prior to the completion of Financial Advisor Services under this Agreement, the
Financial Advisor shall immediately assign to the City, at the City’s discretion, any
contracts and/or agreements relative to this Agreement entered into between the Financial
Advisor and its subcontractors and consultants. MCA also shall (i) immediately
Grand Island Council Session - 3/22/2016 Page 260 / 313
discontinue all work and services affected (unless the notice directs otherwise), and (ii)
upon payment for work performed, promptly deliver to the City all studies, reports,
documents, specifications, calculations, plans, estimates, summaries and other
information and materials accumulated in performing this Agreement.
8. Notices. All notices given pursuant to this Agreement shall be in writing,
delivered or mailed by United States mail, postage prepaid or e-mailed (with hard-copy follow-
up by mail or delivery) and addressed as follows:
To the City: City of Grand Island
100 E First Street
Grand Island, Nebraska 68801
Attention: City Treasurer
E-mail: finance@grand-island.com
To the Financial Advisor: Municipal Capital Advisors LLC
9719 Giles Road, Suite A
La Vista, Nebraska 68128
Attention: Blaine Spady
E-mail: Municipal Capital Advisors LLC
9. Nonwaiver. Failure by either party to insist upon strict performance of any of the
terms and conditions hereof, or failure or delay to exercise any rights or remedies provided
herein or by law, or failure by either party to notify the other party properly in the event of
default, or the acceptance of or payment for service or review or approval of any document shall
not release either party from any of the obligations of this Agreement and shall not be deemed a
waiver of any right of either party to insist upon strict performance hereof or any of its rights or
remedies to a prior or subsequent default hereunder.
10. Regulatory Change. In the event of a change of law, rule or regulation that affects
or imposes additional duties or costs upon the advisory services provided under this Agreement
(a “Change”), you agree to negotiate in a commercially reasonable manner such modifications to
this Agreement as we may reasonably request in order to (i) enable us to comply with such
Change, (ii) allocate any new or additional costs between the parties or (iii) otherwise address the
effect of such Change upon the advisory services provided under this Agreement. If the parties
are unable to agree promptly on the requested modifications to this Agreement, we may
terminate this Agreement upon notice to you.
11. Severability. In the event that any provision, clause, portion or section of this
Agreement is unenforceable or invalid for any reason, such unenforceability or invalidity may
not affect the enforceability or validity of any other paragraph or the remainder of this
Agreement.
12. Entire Agreement. This Agreement, including its Exhibits and any other
documents or certificates incorporated herein by reference, expresses the entire understanding of
the City and MCA concerning this Agreement. Neither the City nor MCA has made or shall be
Grand Island Council Session - 3/22/2016 Page 261 / 313
bound by any agreement or any representation to the other concerning this Agreement, which is
not expressly set forth or incorporated by reference herein.
13. Miscellaneous. This Agreement shall be governed and construed in accordance
with the laws of the State of Nebraska. This Agreement may not be amended or modified except
by means of a written instrument executed by both parties hereto. This Agreement may be
assigned by MCA with at least 10 days prior written notice as part of a transaction involving a
merger of or sale of substantially all of the assets of MCA to another person or company that is
itself registered or is affiliated with and controlled by another company registered as a municipal
advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking
Board and which (i) is in good standing with the SEC and MSRB, (ii) is a going concern and (iii)
whose principals have comparable or greater experience in municipal finance as the principals
of MCA.
14. Authority of the Parties. Each of the parties to this Agreement, and each person
signing this Agreement on behalf of such party, represents and warrants to the other party to this
Agreement as follows: (a) that such party has full power and authority to execute, deliver and
carry out the terms and provisions of this Agreement; (b) that such party has taken all necessary
action to authorize the execution, delivery and performance of this Agreement; (c) that the
individual(s) and/or entities executing this Agreement on such party’s behalf have the authority
to bind it to the terms and conditions of this Agreement; and (d) that this Agreement has been
duly executed and delivered by such party.
15. Parties Bound. This Agreement shall be binding upon and inure to the benefit of
all parties. This Agreement is solely for the benefit of the parties and their successors in interest,
and none of the provisions hereof are intended to benefit third parties.
16. Execution in Counterparts. This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
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If there is any aspect of this Agreement that you believe requires further clarification, please do
not hesitate to contact us. If the foregoing is consistent with your understanding of our
engagement, please sign and return the enclosed copy of this letter.
Again, we thank you for the opportunity to assist you with the Financing and the
confidence you have placed in us.
Very truly yours,
Municipal Capital Advisors, LLC
By:
Title: Chief Executive Officer
Accepted this 22nd day of March, 2016
City of Grand Island
By:
Title:
Grand Island Council Session - 3/22/2016 Page 263 / 313
EXHIBIT A
SCOPE OF SERVICES
FINANCIAL ADVISOR
MCA will provide Municipal Financial Advisor Services, which may include, but are not
limited to:
A. Strategic Services
1. Project feasibility
(a) Evaluate assumptions for feasibility provided by the City and provide
analysis of feasibility of debt structure. Coordinate with Bond Counsel to
determine City’s authority, restrictions and requirements to issue debt for
the project.
(b) On request, meet with planning officials to assist with planning issues.
(c) On request, participate and make recommendations regarding build-out
plan and scope, cost and timing of projects.
(d) Participate and conduct cash flow analysis from proposed cost of
improvements and current market conditions.
(e) Estimate the aggregate principal amount and timing of issuance of debt
based on project plan.
(f) Advise City as to optimal financing structure.
2. Based on current market conditions evaluate funding options.
3. Provide the City with an impact analysis on cost changes to cash flow, debt
issuance, budget and Bond and General Fund levies.
4. Conduct periodic analysis of the outstanding debt of the City.
(a) Meet with the City to establish timing parameters for a particular financing
and identify financing needs and issues.
(b) Attend meetings of the City as requested and respond to the City’s general
or specific inquiries regarding its debt.
Grand Island Council Session - 3/22/2016 Page 264 / 313
B. Post-Issuance Services
1. Assist City in preparing and submitting continuing disclosures as they relate to
updated financial information, including compiling updated data and assisting
Dissemination Agent with ongoing disclosure obligations of the City pursuant to
SEC Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, as
applicable. Such information shall include annual operating data, annual audit
and material event filings.
2. Research and advise the City concerning aspects of tax exemption and arbitrage
on existing debt in cooperation with Bond Counsel, City Accountant and City
Attorney, including helping coordinate post issuance compliance obligations of
the City.
3. Annual budget analysis and recommendations.
(a) Provide information for annual budget cash flow analysis for debt service
as requested.
(b) Make recommendations for DSRF cash management, and adjust structure
to best suit current market conditions as needed.
4. Track outstanding bond debt and Notify the City of potential refunding
opportunities, identifying specific full or partial issues that may qualify to be
refunded based on current or forecasted market conditions.
C. Transaction-Related Services
1. Provide independent financial advice and serve solely in the interest of the City.
2. Analyze and provide comments on various financing structures. The analysis will
cover such issues as advantages and disadvantages of each financing alternative,
risk analyses, legal constraints, and other aspects of financings where appropriate.
3. Assist in the preparation of necessary reports and documents to support the
issuance of debt obligations, including, but not limited to: cash-flow-analysis
statements, debt-service projections and models, verification of revenue estimates,
and projections of market feasibility.
4. To the extent directed to do so by the City, advise on and manage a competitive
bid process or a negotiated request for proposal process for investment banking
and underwriting services, bond attorneys, financial printers, auditors, accountants
paying agents/registrars, trustees, and other consultants, and provide advice
regarding which providers offer the greatest value (service relative to cost) to the
City.
Grand Island Council Session - 3/22/2016 Page 265 / 313
5. Participate in drafting and reviewing relevant bond documents, including but not
limited to: preliminary and final official statements, bond resolution and
indentures, and leases and contracts.
6. Participate, if requested, in informational, due-diligence or other financing-related
meetings.
7. Assist in the development of comprehensive marketing plan, including
identification of potential investors and market conditions for alternative products
in order to achieve the lowest cost of borrowing.
8 Determine the benefits of and assist in the negotiation to obtain bids for bond
insurance, letters of credit, or any other type of credit enhancement that is cost-
effective for the transaction at-hand.
9. Work with the City to establish credit rating targets for proposed financing and
devise an appropriate plan of action. Assist in preparing for and participate in
meetings with rating agencies, credit enhancers, investors, or stockholders related
to financing.
10. Prepare and discuss marketing conditions (including “comparables”) and
preliminary pricing scales, syndicate rules, syndicate price views, and marketing
compensations for the transaction at-hand.
11. Participate in discussions with City staff upon the occurrence of unexpected
events regarding the effect on the City’s proposed debt issuance, and assist City
staff in developing response strategies.
12. Work cooperatively with other financing team participants, including investment
banks and other professional firms engaged by the City.
13. MCA will follow the procurement procedures as outlined in Chapter 27 of the
Grand Island City Code.
Grand Island Council Session - 3/22/2016 Page 266 / 313
EXHIBIT B
FEES
FINANCIAL ADVISOR AGREEMENT
Under the terms of this Agreement, the Financial Advisor agrees to perform the Financial
Advisor Services described in this Agreement. The City agrees, in accordance with the
limitations and conditions set forth in the Agreement, to compensate the Financial Advisor as
follows:
1. Exhibit A, Section A and B. (Strategic Services and Post-Issuance Services). For
providing Strategic Services and Post-Issuance Services, the Financial Advisor shall receive a
fixed annual fee equal to:
(a) Flat fee of $5,000 per annum. Such fee shall be payable on the Effective
date pro-rated to September 30, 2016 and annually thereafter on October 1st for the term
of this Agreement.
2. Exhibit A, Section C (Transaction-Related Services). For providing Transaction-
Related Services related to the issuance, refinancing or restructuring of any bonds, notes, loans,
warrants or other obligations of the City, there will be a staggered fee for structuring the
financing based on the size of the transaction:
PAR Amount Fee
$0 to $1,000,000 $5,000
On the next $1,000,001 to $5,000,000 0.500%
On the next $5,000,001 to $10,000,000 0.400%
On the next $10,000,001 to $20,000,000 0.350%
On the next $20,000,001 to $30,000,000 0.300%
Over $30,000,001 and up Negotiated
Grand Island Council Session - 3/22/2016 Page 267 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-70
WHEREAS, the City of Grand Island wants to hire a Municipal Advisor; and
WHEREAS, the City has discussed the potential service with Municipal Capital
Advisors LLC; and
WHEREAS, Municipal Capital Advisors LLC will charge the City $5,000 on an
annual basis for these services; and
WHEREAS, Municipal Capital Advisors LLC will charge the City a defined fee
for debt issuances they formulate.
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 enter into the Agreement with Municipal Capital Advisors LLC.
BE IT FURTHER RESOLVED, that they 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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 268 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-19
#2016-71 - Approving Agreements with Union Bank & Trust
Company for Fire Pension Plan
Staff Contact: Renae Griffiths
Grand Island Council Session - 3/22/2016 Page 269 / 313
Council Agenda Memo
From:William Clingman, Assistant Finance Director
Meeting:March 22, 2016
Subject:Approving Agreements with Union Bank & Trust
Company for Fire Pension Plan
Presenter(s):Renae Griffiths, Finance Director
Background
On January 12, 2016 the City Council approved resolution 2016-14 which approved the
contract with Union Bank and Trust to provide administrative services for the Fire
Pension Plan.
Discussion
A “qualified plan,” under IRS guidelines, is required to address mandatory distributions if
the participant's vested benefit is $5,000 or less, whether amounts more than $1,000 but
less than or equal to $5,000 are automatically rolled over to an IRA and any possible
forfeitures of plan benefits. The agreements were left out of the original contract
approved by City Council on January 12, 2016. We are now requesting approval of the
Lost Participant Policy and Automatic Rollover IRA Provider Agreement with Union
Bank and Trust to maintain the plan as a “qualified plan” as defined by the IRS.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the Resolution as presented.
2.Take no action.
Recommendation
City Administration recommends that the Council approve the additional agreements
with Union Bank & Trust Company.
Sample Motion
Move to approve the agreements with Union Bank & Trust Company.
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Grand Island Council Session - 3/22/2016 Page 275 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-71
WHEREAS, the City of Grand Island approved a contract for Administrative
Service for Retirement Plans for the Police and Fire Plans with Union Bank and Trust Company;
and
WHEREAS, the plan under IRS guidelines is a “qualified plan”; and
WHEREAS, to maintain the plan as “qualified” certain polices need to be in
place; and
WHEREAS, the Lost Participant Policy and Automatic Rollover IRA Provider
Agreement with Union Bank and Trust Company will put these policies in place.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Lost Participant Policy and
Automatic Rollover IRA provider Agreement with Union Bank and Trust Company for the Fire
Pension Plan
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 276 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item G-20
#2016-72 - Approving Agreements with Union Bank & Trust
Company for Police Pension Plan
Staff Contact: Renae Griffiths
Grand Island Council Session - 3/22/2016 Page 277 / 313
Council Agenda Memo
From:William Clingman, Assistant Finance Director
Meeting:March 22, 2016
Subject:Approving Agreements with Union Bank & Trust
Company for Police Pension Plan
Presenter(s):Renae Griffiths, Finance Director
Background
On January 12, 2016 the City Council approved resolution 2016-13 which approved the
contract with Union Bank and Trust to provide administrative services for the Police
Pension Plan.
Discussion
A “qualified plan,” under IRS guidelines, is required to address mandatory distributions if
the participant's vested benefit is $5,000 or less, whether amounts more than $1,000 but
less than or equal to $5,000 are automatically rolled over to an IRA and any possible
forfeitures of plan benefits. The agreements were left out of the original contract
approved by City Council on January 12, 2016. We are now requesting approval of the
Lost Participant Policy and Automatic Rollover IRA Provider Agreement with Union
Bank and Trust to maintain the plan as a “qualified plan” as defined by the IRS.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the Resolution as presented.
2.Take no action.
Recommendation
City Administration recommends that the Council approve the additional agreements
with Union Bank & Trust Company.
Sample Motion
Move to approve the agreements with Union Bank & Trust Company.
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Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-72
WHEREAS, the City of Grand Island approved a contract for Administrative
Service for Retirement Plans for the Police and Fire Plans with Union Bank and Trust Company;
and
WHEREAS, the plan under IRS guidelines is a “qualified plan”; and
WHEREAS, to maintain the plan as “qualified” certain polices need to be in
place; and
WHEREAS, the Lost Participant Policy and Automatic Rollover IRA Provider
Agreement with Union Bank and Trust Company will put these policies in place.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Lost Participant Policy and
Automatic Rollover IRA provider Agreement with Union Bank and Trust Company for the
Police Pension Plan
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 284 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item H-1
Consideration of Review of Conditions for Hooker Bros. Sand &
Gravel, Inc. Operating a Sand and Gravel Pumping Facility at 501
South Gunbarrel Road
Staff Contact: Craig Lewis
Grand Island Council Session - 3/22/2016 Page 285 / 313
Council Agenda Memo
From :Craig A. Lewis, Building Department Director
Meeting:March 22, 2016
Subject: Review of Conditions for Hooker Bros. Sand & Gravel
Inc. Operating a Sand and Gravel Pumping Facility at
501 South Gunbarrel Road. N1/2 of the SW1/4 and
NW1/4 of the SE1/4 of Section 18-11-8 Merrick County.
Presenter:Craig Lewis, Building Department Director
Background
The council approved the continued operation of the sand and gravel facility at the above
referenced location on October 27, 2015 with a request to review the established
conditions and bring back modifications as necessary.
Staff met with representatives from Hooker Brothers and Randy Stueven to discuss
additional items presented in a letter signed by several neighboring property owners.
The following discussion identifies the items and the discussion held.
Discussion
City administration has developed the following restrictions, or conditions which appear
appropriate to impose upon sand and gravel operations.
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and
retail. Retail sale may also include the sale of black dirt, river rock, and similar
landscaping materials. The storage, recycling, or processing of other aggregate materials,
such as asphalt or concrete is not allowable unless specifically listed, nor are the
operation of concrete or asphalt batch plants.
2). CLOSURE: A drawing of the proposed development of the property after the closing
of the sand and gravel operation has been provided along with the initial application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to
exceed 10 years with the possibility of renewal for an additional time at the end of the 10
year period.
Grand Island Council Session - 3/22/2016 Page 286 / 313
(b). Pumping of product shall not be allowed within 150 feet of any public road right of
way and protected by a 6 foot earthen berm during pumping. The finished width of
developable property adjacent to the public right of way shall be 300 feet at the time of
termination of the operation. A setback of 100 feet from any adjacent property line shall
be maintained between the pumping operations.
(c). Pumping and other activities (including lighting) at the site shall be limited to
daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays
through Saturdays. No pumping or other processing activities shall be permitted on
Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Two
exceptions to this condition shall be in the months of March, April, October, and
November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter
condition. The second exception shall be that trucking of the product shall be allowed on
Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or
the regulated floodway as determined by the Federal Emergency Management Agency or
its successor and the entity with jurisdiction and authority to enforce floodplain
regulations. No product, material or equipment shall be stored within any easement or in
such a manor that it would violate any safety provisions of the National Electric Safety
Code.
Pumped material stored in piles shall be limited to a setback from the property line equal
to the height of the product pile. The setback distance shell be measured from the base of
the material pile to the adjacent property line.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon
as practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any
nature whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an
unreasonable hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the
real property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over
and across any public highway or road unless said sand and gravel is complete dry and
free from water or is hauled in trucks which are designed and equipped so as to prevent
water from leaking onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping
operations shall be retained upon the premises and shall not flow upon or encroach upon
any adjacent land. Only surface waters that have historically flowed from the premises
shall be permitted to leave the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the
issuance of this permit or if the applicant fail to begin operations within the 18 months
the permit shall be considered null and void and subject to reapplication and rehearing.
Additionally if at anytime during the life of the permit issued the operation shall cease for
a period of a continuous 18 months the permit shall become void and a renewal shall be
obtained before becoming once again operational.
Grand Island Council Session - 3/22/2016 Page 287 / 313
The one additional item included is underlined, it relates to the height of stored product
and provides for a prescribed setback.
Additional items discussed that may be included in future conditional use permit request
were; 1. A bond, certificate of deposit or other financial surety to guarantee faithful
performance of the owner or developer to adequately close the operation and prepare the
land for future development.
2. Performance standards for phases and operation.
3. Environmentally sensitive area review, including core samples at site.
4. Annual Inspections of the operations and conditions.
These last items were not determined to be feasible for existing operations but may be
worthy of consideration in future request.
ALTERNATIVES
It appears the Council has the following alternatives concerning the issue.
1. Approve the proposed conditions, finding that the proposed
application is and will continue to be in conformance with the purpose of the zoning
regulations.
2. Deny the proposal, finding that the proposed conditions do not
conform to the purpose of the zoning regulations.
3. Approve the proposal with additional or revised conditions and
findings of fact.
4. Refer the matter to a special committee for a determination of a
finding of fact.
RECOMMENDATION
Approve the proposal if all conditions continue to be applicable as presented by City
Administration and if the City Council finds that the proposed conditions continue to
promote the health, safety, and general welfare of the community, protects property
against blight and depreciation, and is generally harmonious with the surrounding
neighborhood.
SAMPLE MOTION
Move to approve the conditions identified by the City Administration, published in the
Council packet and presented at the Council meeting and finding that the application
conforms with the purpose of the zoning regulations.
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item H-2
Consideration of Request to Modify Conditions for Fonner-State
Fair RV Park at 915 E. Fonner Park Road
Staff Contact: Craig Lewis
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Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:March 22, 2016
Subject:Request of Staff to Modify Conditions for RV Park at
915 E. Fonner Park Road, Hall County Livestock
Improvement Association and Nebraska State Fair.
(These modifications are to allow for the continued use
of the recreational vehicle park for the foreseeable
future.)
Presenter(s):Craig Lewis, Building Department Director
Background
This is a request to modify the conditions established for the RV Park in the original
conditional use permit approved on June 8, 2010. Additional revisions were requested
and approved in 2011, 2012, and 2013.
The most recent revisions approved on February 23, 2016 allowed for overflow parking
bringing the Park in full compliance with provision for parking pads and allow the ability
to increase the numbers as demand increases.
Fonner Park has in the past maintained a Mobile Home Park in the southeast part of the
site to facilitate horse racing personal. This past year that park has been abandon and race
personal are now occupying the Fonner-State Fair RV Park, requiring some modifications
to the conditions to accommodate both independent events.
Discussion
The City code provides for campgrounds with the following conditions specified in the
code; 36-69 (B) 2.
(a) Developer shall submit a diagram of the proposed camp ground including a
plot plan of the pads, landscaping plan, utility plan and interior street plan with the
application for a conditional use permit.
(b) A minimum of one toilet and one lavatory for each sex shall be provided for
each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be
provided for each additional 25 sites or fraction thereof not provided with sewer
connections.
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(c) All RV pads shall be provided with a landscape buffer yard as identified in the
landscaping section of this code.
(d) Pads shall not be accessible from any public way.
Additionally section 36-6 Definitions require; Recreational Vehicle Pads: a space for
parking a recreational vehicle within a campground or other allowed place consisting of
no less than 800 square feet with a minimum width of 12 feet. Improvements included
within the pad space include 1 hard surfaced improved parking space of not less than 180
square feet (20x9 or 18x10) and 2 hard surfaced improved parallel tire pads of not less
than 2.5 feet by 24 feet.
Recreational Vehicle (RV) Park shall mean a tract of land upon which two or more
recreational vehicle sites are located, established, or maintained for occupancy by
recreational vehicles of the general public as temporary living quarters for recreational or
vacation purposes by campers, vacationers, or travelers. A Recreational Vehicle Park on
a tract of land in excess of 20 acres used for seasonal events of not more than 14
consecutive days in duration may provide overflow pads not to exceed 25% of the
recreational vehicle pads provided in compliance with the required improvements.
Overflow pads shall be allowed without the required improvements.
Additional conditions placed on this Recreational Vehicle Camper Park were;
1) All interior roads and streets shall be improved to the design standards as
identified in section 36-96(G), permanent, dust-free like asphalt, concrete or paving
brick.
2) Annual inspection shall be conducted by the Building Department to check
compliance with City Codes; conditions imposed, and adopted building, plumbing,
electrical, and fire codes.
3) A 90 day time limit on the maximum allowable stay shall be imposed on all
recreational vehicles and campers in the campground. No RV shall be allowed to remain
longer than a 90 day consecutive period.
4) The size of any propane tank or other fuel container shall be limited to original
equipment supplied by the manufacture; no additional or external tanks shall be
permitted.
5) No skirting of any kind shall be allowed to be utilized with any recreational
vehicle or camper within the camp grounds.
As the Park has developed into a site available to accommodate both Fonner racing and
the State Fair three modifications are needed;
3) The 90 day time limit is inadequate to facilitate Fonner Park needs and it is
recommended to extend the length of time to 180 days.
4) External LP gas tanks shall be limited to 150 gallons maximum horizontal
tanks and be located in conformance with the International Fire Code adopted by the
City.
5) Because of the season for Fonner racing skirting of the camper trailers is
desired, any skirting provided shall be noncombustible.
Grand Island Council Session - 3/22/2016 Page 291 / 313
As this recreational vehicle park has transformed into a multifunctional facility the
modifications appear necessary to continue to allow the park to function at optimum.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request and amend the conditions, finding that the proposed Park
is and will continue to be in conformance with the purpose of the zoning
regulations.
2.Disapprove or /Deny the request, finding that the proposed conditions do not
conform to the purpose of the zoning regulations.
3.Approve the request with additional or revised conditions and a finding of
fact.
4.Refer the matter to a special committee for a determination of a finding of
fact.
Recommendation
Approve the request to modify the conditions as outlined above and presented finding
that the proposed conditions, use, and application promotes the health, safety, and general
welfare of the community, protect property against blight and depreciation, and is
generally harmonious with the surrounding neighborhood.
Sample Motion
Move to approve the request to modify the conditions identified in the staff memorandum
and presented at the City Council meeting and finding that the application conforms to
the purpose of the zoning regulations.
Grand Island Council Session - 3/22/2016 Page 292 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item H-3
Consideration of Review of Section 5311 Operating Assistance
Application Regarding Transit Services
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item H-4
Consideration of Review of Development of 2017-2019
Consolidated Plan Including Fiscal Year 2017 Action Plan for
CDBG Activities
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: Charley Falmlen
Grand Island Council Session - 3/22/2016 Page 294 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item H-5
Consideration of Review of Public Hearing on Progress of Current
CDBG Activities
This item relates to the aforementioned Public Hearing item E-6.
Staff Contact: Charley Falmlen
Grand Island Council Session - 3/22/2016 Page 295 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item I-1
#2016-73 - Consideration of Approving the Redevelopment Plan
for CRA Area 1 for a Site Specific Redevelopment Plan located at
110 East 3rd Street (Wing Properties)
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 296 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-73
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: rehabilitation, planning activities, necessary utility
extensions, 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:
Grand Island Council Session - 3/22/2016 Page 297 / 313
- 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 set by the Community Redevelopment Authority in the
redevelopment contract 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.
Grand Island Council Session - 3/22/2016 Page 298 / 313
- 3 -
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.
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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, March 22, 2016
Council Session
Item I-2
#2016-74 - Consideration of Approving the Redevelopment Plan
for CRA Area 15 for a Site Specific Redevelopment Plan located at
106 So. Webb Road (Pump and Pantry, Inc.)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 3/22/2016 Page 300 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-74
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. 15 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: acquisition, site preparation, planning activities, necessary
utility extensions, 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:
Grand Island Council Session - 3/22/2016 Page 301 / 313
- 2 -
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 15 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 set by the Community Redevelopment Authority in the
redevelopment contract 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.
Grand Island Council Session - 3/22/2016 Page 302 / 313
- 3 -
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.
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, March 22, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 303 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item I-3
#2016-75 – Consideration of Approving Transfer of Central
Nebraska Veterans Home Land and Buildings to the City
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 3/22/2016 Page 304 / 313
Council Agenda Memo
From: Jerry Janulewicz, City Attorney
Meeting:March 22, 2016
Subject:Transfer of Central Nebraska Veterans Home Land and
Buildings to the City
Presenter(s):Jerry Janulewicz, City Attorney
Background
Following the City Council’s previous discussions and actions, city legal staff engaged in
negotiations with the State of Nebraska for transfer of the lands and buildings of the
Central Nebraska Veterans Home to the City of Grand Island. The State has determined
that the agricultural lands and the lands leased to the City for recreational uses are excess
lands and available for transfer as Phase I. Following completion and activation of the
Veterans Home facility in Kearney, the State proposes to transfer to the City, as Phase II,
the remaining lands and buildings, including the Veterans Home Campus, Veterans
Cemetery, and parking area leased to the United Veterans Club.
Discussion
The State has determined that the agricultural lands and the lands leased to the City used
for recreational uses are excess lands and available for transfer as Phase I. Following
completion and activation of the Veterans Home facility in Kearney, the State proposes to
transfer to the City, as Phase II, the areas remaining, including the Veterans Home
Campus, Veterans Cemetery, and parking area leased to the United Veterans Club.
Transfer of the Phase II property will be contingent upon mutual consent of the City and
State to the terms and conditions of transfer including, but not limited to, City’s
agreement accommodate the needs of the United Veterans Club to continue its leasehold
interest in and to the 10.667 acres consisting of the parking lot for the United Veterans
Club; provide continuing maintenance of the Veterans Cemetery and protect the same
from commercial and residential encroachment through greenspace buffer or the addition
of public cemetery areas; and assume the duties and obligations of the State Building
Division of the Nebraska Department of Administrative Services and the State under the
Programmatic Agreement among the US Department of Veterans Affairs, the Nebraska
Department of Administrative Services, the Nebraska Department of Health and Human
Services, the Nebraska State Historic Preservation Office and the Advisory Council on
Grand Island Council Session - 3/22/2016 Page 305 / 313
Historic Preservation Regarding the Relocation of the Central Nebraska Veterans Home
at 2300 West Capital Avenue, Grand Island, Nebraska.
Upon acquisition of the Phase I property, city staff propose that the agricultural property
be leased for the 2016 crop season through the city’s current farm lease manager and
management program.
Alternatives
The Council has the following alternatives concerning the issue at hand. The Council
may:
1.Approve the resolution as set forth.
2.Disapprove or /Deny the resolution.
3.Modify the resolution to meet the needs of the City Council.
4.Table the issue.
Recommendation
City Administration recommends that the Council approve the resolution authorizing and
approving the Memorandum of Agreement by and between the State of Nebraska and the
City of Grand Island regarding transfer of the Central Nebraska Veterans Home lands and
buildings.
Sample Motion
Move to approve the resolution authorizing and approving the Memorandum of
Agreement by and between the State of Nebraska and the City of Grand Island regarding
transfer of the Central Nebraska Veterans Home lands and buildings.
Grand Island Council Session - 3/22/2016 Page 306 / 313
1
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE STATE OF NEBRASKA AND THE CITY OF GRAND ISLAND
REGARDING TRANSFER OF
CENTRAL NEBRASKA VETERANS HOME LANDS AND BUILDINGS
THIS MEMORANDUM OF AGREEMENT by and between THE STATE OF
NEBRASKA, by and through its Department of Administrative Services, herein referred to as
“STATE,” and THE CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation and a
political subdivision of the State of Nebraska, herein referred to as “CITY”.
WHEREAS, STATE owns and operates the Central Nebraska Veterans Home currently
located in Grand Island, Nebraska, herein referred to as “GIVH”; and
WHEREAS, STATE is in the process of designing and contracting for the construction of
a new Central Nebraska Veterans Home in Kearney, Nebraska, herein referred to as “KVH”; and
WHEREAS, upon completion of the KVH, the residents of GIVH will be relocated to
KVH and GIVH will be vacated; and
WHEREAS, the real estate comprising the entirety of the original GIVH, being all of
Section Five (5), in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall
County, Nebraska, was conveyed to STATE in 1887 in two parcels, each for the sum of “one-
dollar and the location at Grand Island of the Soldiers’ and Sailors’ Home”; and
WHEREAS, of the original 640 acres conveyed to STATE approximately 30 acres are
actually used to house veterans and their spouses; and
WHEREAS, the real estate as described in “Exhibit A,” attached hereto and herein
referred to as the “GIVH Phase I Real Estate,” is comprised of agricultural lands and lands
leased to CITY for recreational uses; and
WHEREAS, the GIVH Phase I Real Estate is excess land as defined by Neb.Rev.Stat.
Sec. 72-811(2); and
WHEREAS, STATE desires to dispose of GIVH Phase I Real Estate to CITY and CITY
desires to acquire GIVH Phase I Real Estate from STATE; and
WHEREAS, upon completion of KVH and the vacating of GIVH, STATE intends to
convey to CITY the remaining GIVH real estate consisting of the Veterans Home Campus,
Veterans Cemetery, and parking area leased to the United Veterans Club, contingent upon the
Grand Island Council Session - 3/22/2016 Page 307 / 313
2
parties’ mutual consent to the terms and conditions of such transfer including, but not limited to,
CITY’s covenant to provide continuing maintenance of the Veterans Cemetery and to protect the
same from commercial and residential encroachment through greenspace buffer or the addition
of public cemetery areas.
NOW, THEREFORE, STATE and CITY agree as follows:
1.The recitals above are incorporated into and made a part of this Memorandum of
Agreement.
2.STATE shall take such action as necessary to convey to CITY by Quitclaim Deed the
GIVH Phase I Real Estate.
3.Following transfer of Central Nebraska Veterans Home residents and operational and
administrative staff to KVH, and contingent upon the STATE’s Vacant Building and
Excess Land Committee making findings and determinations that the remaining GIVH
property is vacant and excess and the making of appropriate recommendations as
required by statute, STATE shall offer to convey to CITY the remaining real estate and
improvements comprising GIVH located in a part of the South Half (S½) of Section Five
(5), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M., Hall County,
Nebraska, and consisting of: Veterans Home Campus; Veterans Cemetery; paved parking
area currently leased to the United Veterans Club; and any other land that has not been
otherwise sold or permanently disposed of as part of GIVH, herein referred to as the
“GIVH Phase II Real Estate.”
4.Upon acceptance by the CITY of the GIVH Phase II Real Estate upon such reasonable
terms and conditions as mutually agreed to by the parties, CITY shall:
a.Accommodate the needs of the United Veterans Club to continue its leasehold
interest in and to the 10.667 acres consisting of the parking lot for the United
Veterans Club;
b.Provide continuing maintenance of the Veterans Cemetery and protect the same
from commercial and residential encroachment through greenspace buffer or the
addition of public cemetery areas; and
c.Assume the duties and obligations of the State Building Division of the Nebraska
Department of Administrative Services and the STATE under the Programmatic
Agreement among the US Department of Veterans Affairs, the Nebraska
Grand Island Council Session - 3/22/2016 Page 308 / 313
3
Department of Administrative Services, the Nebraska Department of Health and
Human Services, the Nebraska State Historic Preservation Office and the
Advisory Council on Historic Preservation Regarding the Relocation of the
Central Nebraska Veterans Home at 2300 West Capital Avenue, Grand Island,
Nebraska.
5.With respect to any Real Estate transferred by STATE and accepted by CITY, CITY
shall defend and hold harmless STATE and the transferred lands from any and all claims,
suits, or other alternative dispute resolution proceedings, of and by any other parties that
may allege a superior ownership or possessory right to the land, or any portion thereof,
including any suits for damages, claims, or equitable remedies.
STATE OF NEBRASKA
By ________________________________________
Byron L. Diamond, Director
Department of Administrative Services
Date: ______________________, 2016.
CITY OF GRAND ISLAND
By _______________________________________
Jeremy Jensen, Mayor
Date: ______________________, 2016.
Attest:
____________________________________
RaNae Edward, City Clerk
Grand Island Council Session - 3/22/2016 Page 309 / 313
4
EXHIBIT A
[insert legal descriptions]
Grand Island Council Session - 3/22/2016 Page 310 / 313
Approved as to Form ¤ ___________
March 18, 2016 ¤ City Attorney
R E S O L U T I O N 2016-75
WHEREAS, the City of Grand Island (“City”), acting by and through its Mayor and City
Council, expressed a desire that the City acquire the lands and buildings of the Central
Nebraska Veterans Home (“CNVH”) including, but not limited to, the buildings and structures,
Veterans Cemetery, agricultural lands, and lands leased to the City of Grand Island, and
WHEREAS, the State of Nebraska (“State”) agrees to transfer CNVH to the City in two
phases: Phase I being a transfer of the agricultural lands and lands leased to City for recreational
purposes and, as Phase II, a transfer of the remaining real estate, and
WHEREAS, on behalf of their respective clients, legal counsel for City and State have
negotiated a proposed Memorandum of Agreement (“Agreement”) for transfer of CNVH from
State to City, and
WHEREAS, the Agreement provides for the immediate transfer of the Phase I lands to
City, and
WHEREAS, State intends to convey to City as Phase II the remaining CNVH real estate
consisting of the Veterans Home Campus, Veterans Cemetery, and parking area leased to the
United Veterans Club, contingent upon the parties’ mutual consent to the terms and conditions of
such transfer including, but not limited to, City’s covenant to provide continuing maintenance of
the Veterans Cemetery and to protect the same from commercial and residential encroachment
through greenspace buffer or the addition of public cemetery areas.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, as follows:
1.The proposed Memorandum of Agreement between City and State regarding transfer of
CNVH is approved and the Mayor is authorized and directed to execute the same in the
name of and on behalf of City;
2.Upon City’s receipt of a properly executed deed conveying the Phase I real estate, the
Mayor and city staff are authorized to accept said deed on behalf of City and to present
the same to the Hall County Register of Deeds for recording;
3.City staff is authorized to cause the Phase I agricultural lands to be leased for the 2016
crop season through City’s current farm lease manager and management program; and
4.The mayor and city staff are authorized and directed to engage in further negotiations
with State for the Phase II transfer.
- - -
Grand Island Council Session - 3/22/2016 Page 311 / 313
2
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/22/2016 Page 312 / 313
City of Grand Island
Tuesday, March 22, 2016
Council Session
Item J-1
Approving Payment of Claims for the Period of March 9, 2016
through March 22, 2016
The Claims for the period of March 9, 2016 through March 22, 2016 for a total amount of
$4,242,240.97. A MOTION is in order.
Staff Contact: Renae Griffiths
Grand Island Council Session - 3/22/2016 Page 313 / 313