06-28-2016 City Council Regular Meeting Packet
City of Grand Island
Tuesday, June 28, 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, June 28, 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 - Bishop Jared Noorlander, Church of Jesus Christ of Latter-day
Saints, 212 West 22nd Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-1
Public Hearing on Request from B & R Stores, Inc. dba Super
Saver 28, 710 West State Street for a Class “C” Liquor License
Council action will take place under Consent Agenda item G-7.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 28, 2016
Subject:Public Hearing on Request from B & R Stores, Inc. dba
Super Saver 28, 710 West State Street for a Class “C”
Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
B & R Stores, Inc. dba Super Saver 28, 710 West State Street has submitted an
application for a Class “C” Liquor License. A Class “C” Liquor License allows for the
sale of alcohol on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. See attached Police Department report.
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Also submitted with the application was a request from James Goodman, 2716 Apache
Road for a Liquor Manager Designation.
Staff recommends approval of the application contingent upon final inspections and
Liquor Manager Designation for James Goodman contingent upon completing 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 application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for B & R Stores, Inc. dba Super Saver 28, 710 West
State Street for a Class “C” Liquor License contingent upon final inspections and Liquor
Manager Designation for James Goodman, 2716 Apache Road contingent upon
completion of a state approved alcohol server/seller training program.
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Grand Island Council Session - 6/28/2016 Page 10 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-2
Public Hearing on Acquisition of Utility Easement - 315 N
Washington Street (J & B Rentals, LLC)
Council action will take place under Consent Agenda item G-12.
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 28, 2016
Subject:Public Hearing Concerning Acquisition of Public Utility
Easement at 315 N Washington Street (J & B Rentals,
LLC)
Presenter(s):John Collins PE, Public Works Director
Background
Council action is necessary for the City of Grand Island to acquire a public utility
easement.
Discussion
To accommodate access to an existing sanitary sewer main between South Front Street
and 3rd Street; Washington Street to Lincoln Avenue a public utility easement is needed.
The proposed easement is ten (10) feet wide and is shown on the attached sketch.
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 conduct a Public Hearing and approve
the Resolution for the acquisition of the public utility easement.
Sample Motion
Move to approve the acquisition of the public utility easement.
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-3
Public Hearing on Acquisition of Utility Easement - 905 S. Locust
Street (Gosda Car Wash)
Council action will take place under Consent Agenda item G-9.
Staff Contact: Tim Luchsinger, Stacy Nonhof
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Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:June 28, 2016
Subject:Acquisition of Utility Easement – 905 S. Locust Street –
Gosda Car Wash
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Gosda Car Wash, LLC, located through a part of Lot Seven (7), Block Fifteen (15),
South Grand Island Addition to the City of Grand Island, Hall County, Nebraska (the
Southeast corner of 905 S. Locust Street), in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
Gosda Car Wash is remodeling and upgrading their facilities. This easement will be used
to provide access for the placement, operation, and maintenance of the high voltage
underground power line, pad-mounted transformer and appurtenances.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-4
Public Hearing on Redevelopment Plan for CRA Area 19 located
at the Northeast Corner of US Highway 34 and South Locust Street
(Talon Apartments, Inc.)
Council action will take place under Resolution item I-1.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:June 28, 2016
Subject:Site Specific Redevelopment Plan for CRA Area 19
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2016, the Grand Island City Council declared property referred to as CRA Area 19 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, and drainage.
Talon Apartments has made an offer and intend to purchase property and has submitted
an application for Tax Increment Financing to aid in the construction of 288 Apartments
north of U.S. Highway 34 and east of Locust Street (Lot 3 of Vanosdall Second
Subdivision). Staff has prepared a redevelopment plan for this property consistent with
the TIF application.
The CRA reviewed the proposed development plan on May 11, 2016 and forwarded it to
the Hall County Regional Planning Commission for recommendation at their meeting on
June 1, 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 June 1, 2016. The Planning Commission approved
Resolution 2016-04 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island.
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 19 and authorizes the CRA to execute a contract for TIF based on the plan
amendment. The redevelopment plan amendment specifies that TIF will be used to offset
allowed costs for acquisition of this property, grading, site work, utility extensions, and
paving along with planning architecture and engineering for development of apartments
at this site. The cost benefit analysis included in the plan finds that this project meets the
statutory requirements for an 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 $5,620,334 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 for each phase of the development 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 $4,473,120.
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 19
May 2016
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to adopt a Redevelopment Plan for Area 19 within the city, pursuant to the
Nebraska Community Development Law (the “Act”) and provide for the financing
of a specific project in Area 19.
Executive Summary:
Project Description
THE REDEVELOPMENT OF PROPERTY LOCATED NORTH OF U.S. HIGHWAY
34 (HUSKER HIGHWAY) AND EAST OF SOUTH LOCUST STREET (LOT 3 OF
VANOSDALL SECOND SUBDIVISION) FOR USE THE CONSTRUCTION AND
DEVELOPEMNT OF UP TO 288 APARTMENTS (8 BUILDINGS WITH 36 UNITS
IN EACH BUILDING) 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 Lot 3 of Vanosdall 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 288
apartments in southeast Grand Island, constituting the largest residential development
south of Stolley Park Road and east of Blaine Street in more than 40 years. The cost of
extending and connecting water, sanitary sewer and storm sewer makes developing this
property at the southeast entrance to the City of Grand Island prohibitively expensive.
Talon Apartments has offered $300,000 for the property and the offer has been accepted
contingent upon the approval of Tax Increment Financing (TIF) available to offset the
cost of the property and the necessary grading and infrastructure improvements to
develop the property. Acquisition of property is an eligible TIF activity. The property is
currently vacant with the exception of the concession stand and bathroom building that
was there to support the ballfields that used to occupy this space. 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 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”)
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Legal Descriptions: Lot 3 Vanosdall Second Subdivision in Grand Island, Hall County,
Nebraska.
Existing Land Use and Subject Property
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This plan amendment provides for the issuance of two TIF Notes, the proceeds of
which will be granted to the Redeveloper. The tax increment to be captured will be
captured in up to 4 phases, depending on the speed of the construction of
apartments.
The tax increment will be captured for up to 15 tax years the payments for which
become delinquent in years 2018 through 2032 inclusive or as otherwise dictated by
the contract.
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
apartment buildings at this location. Apartments are permitted in the current B2-
AC General Business with an Arterial Commercial overlay. The developers have
submitted a request for a change of zoning and approval of a development plan for
an RD Residential Development zone.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution, the
Authority hereby provides that any ad valorem tax on any Lot or Lots located in the
Redevelopment Project Area identified from time to time by the Redeveloper (such Lot
or Lots being referred to herein as a "Phase") as identified in a written notice from the
Redeveloper to the Authority (each, a "Redevelopment Contract Amendment Notice") for
the benefit of any public body be divided for a period of fifteen years after the effective
date of this provision as set forth in the Redevelopment Contract Amendment Notice and
reflected in a Redevelopment Contract Amendment, consistent with this Redevelopment
Plan. Said taxes shall be divided as follows:
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
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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 February 23, 2016.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
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 acquire extend utilities and infrastructure for uses permitted 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 #19 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 require and provide for the demolition
and removal existing structures on this property. The existing structure is a concession
stand and bathroom facility that was built to support ball fields that have not been used in
more than 15 years.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The area
immediately to the north this property is planned for low to medium density residential,
generally a density of 14 dwelling units per acre or less. The subject property is
separated from the property to the north by a lake. The property to the south is planned
and zoned for commercial development, Walmart is located there. The property to the
west is vacant and available for commercial development. This property to the contains a
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single family residence and a farm residence it is planned for medium density residential
to office uses and would allow a density of 42+ dwelling units per acre.. [§18-2103(b)
and §18-2111] The attached map also is an accurate site plan of the area after
redevelopment. [§18-2111(5)]
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 B2-AC General Business with an Arterial Commercial Overlay.
Apartment development at up to 42 dwelling units per acre is permitted within this
zoning district. The developers are seeking to rezone the property to RD Residential
Development zone a planned development that is commonly used for apartment
complexes within the Grand Island Zoning jurisdiction. As part of the RD zone change
and approval drainage from the proposed development will be considered, the primary
drainage pattern is toward and into the lake to the north and that will be maintained.
Internal streets and drives will be constructed to support the development of this property.
Changes are likely, offsite, to the south and west along U.S. Highway 34 that include
removal of the free right turn lane from U.S. Highway 34 west onto Locust Street north
and the construction of a drive access across the former Desert Rose property to the west
along the south side of Rodeway Inn. 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 both the
current and the proposed zoning districts. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Water and sanitary are available to support this development. The developer will be
responsible for extension of water and sanitary sewer necessary to serve this site.
Development and extension of this infrastructure is one of the primary challenges for this
site. Water is proposed to be extended from both the south (under U.S. Highway 34) and
the west along the south edge of the Desert Rose property to complete a looped system
capable of supporting the development and being extended to the east as additional
development occurs along U.S. Highway 34. Sanitary sewer is proposed to be extended
from the northwest corner of the lake along Midaro Drive along the east edge of the lake
and onto the property. This sewer extension will increase the possibility of serving
properties east of Midaro Drive toward Stuhr Road.
Electric utilities will be extended throughout the site to support the proposed
development.
No other city utilities would be impacted by the development.
[§18-2103(b) and §18-2111]
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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
unused 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 $306,000 and would be a TIF eligible
expense. Grading, demolition, storm water management, utility connections and
extensions, landscaping and similar site improvements are estimated at $3,144,526.
Planning related expenses for Architecture, Engineering, Planning services and
permitting of $2,169,808 and are included as a TIF eligible expense. Legal, Developer
and Audit Fees including a reimbursement to the City and the CRA of $50,000 are
included as TIF eligible expense. The total of eligible expenses for this project is
$5,620,334.
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 $4,473,120 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 according to the approved contract.
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
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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 July 2016 and
December of 2020. The developers anticipate building two building (72 units) in each
phase of this development. All four phases could be completed within 2 years or
depending on market absorption could take as long as 1 or 2 years per phase. Excess
valuation should be available for this project for 15 years on each phase of this project
beginning with the 2018 tax year.
9. Justification of Project
This space has been vacant and underutilized for a number of years and has not sold or
redeveloped even with aggressive marketing by the owner. When Walmart opened in
2004 there was a hope that development along this corridor would increase, that has not
happened. The costs to extend sewer and water to this property are extremely high due to
the highway on the south side of the property and the lake on the north side of the
property and the location of those utilities. The extension of sewer and water to this
property will allow for increased service territory for those utilities to the east of this
property. A 2004 plan for South Locust by RDG Planning and Design of Omaha
suggested apartment development at this location.
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 $4,473,120 in public funds from tax
increment financing provided by the Grand Island Community Redevelopment Authority
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will be required to complete the project. This investment by the Authority will leverage
$22,553,966 in private sector financing; a private investment of $5.04 for every TIF and
grant dollar investment.1 See the Attached Source and Uses of Funds Chart
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2016,
valuation of approximately $300,000. Based on the 2015 levy this would result in a real
property tax of approximately $6,629. It is anticipated that the assessed value will
increase by $13,635,485 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $298,208 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for the period of the TIF contract or the time as may be
required to amortize the TIF bond, but would be used for eligible private redevelopment
costs to enable this project to be realized.
Estimated 2016 assessed value:$ 300,000
Estimated value after completion $ 13,935,485
Increment value $ 13,635,485
Annual TIF generated (estimated)$ 298,208
TIF bond issue (Not to exceed)$ 4,473,120
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $300,000.
The proposed redevelopment will create additional valuation of $13,635,485. 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 negatively impacted by this development. The electric utility
has sufficient capacity to support the development. This development since it is housing
may have an impact on Grand Island Public Schools. This property is in the Star
Elementary School area and the new Star is under construction and will be completed
before this project is completed. 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. Although it will increase housing choices in southeast Grand Island and
1 This does not include any investment in personal property at this time.
Grand Island Council Session - 6/28/2016 Page 28 / 190
may positively impact recruitment of employees for businesses located in this part of the
community.
(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 within the Grand Island area.
(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 be the first large scale housing project in southeast Grand Island in
more than 20 years. It should encourage the development of additional retail in close
proximity to the apartments.
Time Frame for Development
Development of this project is anticipated to be completed during between July of
2016 and December of 2020. The base tax year should be calculated on the value of the
property as of January 1, in the year prior to the year of the division of taxes for each
Phase. Excess valuation should be available for this project for 15 years beginning in
2017 with taxes due in 2018 actual dates will be set within the contract as to Phase #1.
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 on each
phase of the development or an amount not to exceed $4,473,120 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 up to
$5,620,334 on TIF eligible expenses as part of this development.
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-5
Public Hearing on Request to Rezone Property located North of US
Hwy 34 and East of South Locust Street from B2-AC – General
Business with an Arterial Commercial Overlay to RD – Residential
Development (Talon Apartments, Inc.)
Council action will take place under Ordinances item F-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/28/2016 Page 69 / 190
Council Agenda Memo
From:Regional Planning Commission
Meeting:June 28, 2016
Subject:Rezone from B2-AC to RD Zone
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
An application has been made to rezone property described as Vanosdall Second
Subdivision from B2-AC to RD Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held June 1, 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 10.656 acres
north of U.S. Highway 34 and east of South Locust Street from B2-AC
General Commercial with an Arterial Commercial Overlay to RD
Residential Development Zone. The developers are proposing to building
eight 36 unit three story apartment buildings as shown on the attached
plans.
O’Neill closed the Public Hearing.
A motion was made by Ruge and seconded by Hoggatt to approve the
Rezone request as presented.
The motion carried with 10 members present and 10 voting in favor
(O’Neill, Hoggatt, Ruge, Maurer, Robb, Kjar, Huismann, Sears, Kjar,
Rainforth, and Monter) and no member abstaining.
The memo sent to the planning commission with staff recommendation is attached for
review by Council.
Grand Island Council Session - 6/28/2016 Page 70 / 190
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance and development plan as presented.
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Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
December 23, 2015
SUBJECT:Zoning Change (C-07-2016GI)
PROPOSAL:An application has been made to rezone 10.656 acres north of U.S.
Highway 34 and east of South Locust Street from B2-AC General Commercial with an
Arterial Commercial Overlay to RD Residential Development Zone. The developers are
proposing to building eight 36 unit three story apartment buildings as shown on the
attached plans.
OVERVIEW:
Site Analysis
Current zoning designation:B2-AC General Business with and Arterial
Commercial Overlay
Permitted and conditional uses:TA Agricultural uses including: raising of livestock,
but not confined feeding, raising crops,
greenhouses and nurseries and residential uses up
to a density of 1 unit per 20 acres. Minimum lot size
20 acres. B2-Residential uses at a density of up to
43 units per acre, a variety of commercial, retail,
office and service uses. AC- An overlay district that
was created after the 1980 tornadoes to increase
the landscaping and limit outdoor sales in along
South Locust.
Comprehensive Plan Designation:Designated for future development as low to
medium density residential from the south edge of
the lake to the north property line and highway
commercial from the south edge of the lake to U.S.
Highway 34. (See the attached future land use
map)
Existing land uses.Vacant (Formerly Ball Field Complex)
Proposed Zoning Designation B2-AC General Business with and Arterial
Commercial Overlay -.
LLR-Large Lot Residential - Agricultural uses,
recreational uses and residential uses at a density
of 2 dwelling units per acre with 25% coverage.
Adjacent Properties Analysis
Current zoning designations:North: LLR- Large Lot Residential
East TA- Transitional Agriculture,
West: B2-AC General Business with an Arterial
Commercial Overlay
Grand Island Council Session - 6/28/2016 Page 73 / 190
South: CD-Commercial Development Zone
Permitted and conditional uses:TA Agricultural uses including: raising of livestock,
but not confined feeding, raising crops,
greenhouses and nurseries and residential uses up
to a density of 1 unit per 20 acres. Minimum lot size
20 acres. LLR –- Agricultural uses, recreational
uses and residential uses at a density of 2 dwelling
units per acre with 25% coverage. B2-Residential
uses at a density of up to 43 units per acre, a
variety of commercial, retail, office and service
uses. AC- An overlay district that was created after
the 1980 tornadoes to increase the landscaping
and limit outdoor sales in along South Locust. CD a
variety of commercial, retail, office and service uses
with development permitted as outlined in the
development agreement, no residential uses.
Comprehensive Plan Designation:North: Designated for Low to Medium Density
Residential.
West: Designated for General and Highway
Commercial
East: Designated for Medium Density Residential
to Office
South: Designated for Highway Commercial
Existing land uses:North Lake front residential on very large lots
South: Walmart
East: Residential and Farm Ground
West: Hotels and vacant property owned by CRA
(formerly The Desert Rose)
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated for a combination of Commercial and Residential uses. Apartments are
allowed within the commercial districts of Grand Island.
Would allow for additional development at this key intersection on the entrance to
Grand Island: This would allow the property owners to develop this site.
Additional housing choices: These are the first new apartments south of Stolley Park
Road west of Blaine Street in more than 40 years. This would help meet the housing
needs of Grand Island and would spread the housing out around the community.
New residential development may spur additional commercial development: Most of
the new commercial development has occurred in northwest Grand Island along the
Grand Island Council Session - 6/28/2016 Page 74 / 190
U.S. Highway 281 corridor because that is the largest new population center. The
lots in front of Wal-Mart just to the south of this project have been available for more
than 10 years and there has not been any additional development at that location.
One possible reason for this may be that there has not been much new housing
developed in southeast Grand Island. This is a chance to change that and
potentially encourage additional commercial development in the area as well.
New Market Rate Rental Housing: This is a proposal for up to 288 new market rate
apartments in Grand Island. One of the factors constraining growth within the
community is the availability of housing. This would help relieve at least one section
of that need. The proposal to develop this in 4 phases helps by spreading allowing
time for the market to absorb the new units.
Negative Implications:
Potential Impact to Schools: This project is not designed to appeal to families with
school age children but if some families live in the apartments it would have an
impact on schools, most especially Star elementary. Star is being rebuilt and will be
open prior to the first of these apartments being completed.
Other Considerations
The this property is already intended for possible commercial and residential uses as
shown below on the Future Land Use Map for the City of Grand Island.
As this is an RD zone the rezoning approval includes approval of the enclosed
development plan, preliminary and final plat. The proposed plan calls for eight 3 story
36 unit buildings each on their own lot, a single lot for garage structures and a lot at the
northeast corner of the property for a maintenance building. The development will be
phased with 2 apartment buildings per phase beginning with the westerly two buildings.
The developer is proposing to build eight apartment buildings with thirty-six dwelling
units in each building on this site (288 units total). At the proposed density, this
development would be 27 units per acre or 1 unit for every 1612 square feet. This is
about 2/3’s of the development than could be allowed in the current B2-AC zoning
district. The initial floor plans, as submitted, show all 2-bedroom units. This development
provides for public utilities within the development. Road access would initially be from
Exchange Road with a possibility of access from Locust Street and U.S. Highway 34 in
later phases. An all weather emergency and construction access will be built from U.S.
Highway 34 into the development with the initial phase.
A copy of the proposed floor plan and building elevations is attached.
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Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan
Grand Island Council Session - 6/28/2016 Page 76 / 190
RECOMMENDATION:
That the Regional Planning Commission recommends that the Grand Island City
Council change the zoning on this site from B2-AC General Business with an Arterial
Commercial Overlay to RD Residential Development Zone and approve the
proposed development plan as submitted.
___________________ Chad Nabity
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item E-6
Public Hearing on Community Development Block Grant
Consolidated Plan and Annual Action Plan Funding Allocations
No Council action will be needed but discussion will take place under Request and Referrals item H-1.
Staff Contact:
Grand Island Council Session - 6/28/2016 Page 87 / 190
Council Agenda Memo
From:Charley Falmlen, Community Development
Meeting:June 28, 2016
Subject:Public Hearing on Community Development Block Grant
Consolidated Plan and Annual Action Plan Funding
Allocations
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 2016-2017 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.
A Public Hearing regarding the development of the Consolidated Plan and Annual Action
Plan was held on March 22, 2016. This Public Hearing included the results of the
Community Needs Assessment which were being used to identify items for the Priority
Needs portion of the Consolidated Plan. No comments were recorded.
Discussion
The Consolidated Plan identifies community development needs, goals, and priorities for
Grand Island, and contains a housing and homeless needs assessment, a housing
marketing analysis, and a strategic plan. The Action Plan addresses the intended use of an
estimated $348,927 in entitlement grant funds under the Community Development Block
Grant (CDBG) program and identifies community development priority needs,
objectives, and activities to be implemented during FY 2016-17. All proposed activities
are subject to approval and final adoption by the Mayor and the Grand Island City
Council during the August 9, 2016 City Council meeting. The following table
summarizes the proposed allocations for planned activities in FY 2016-17:
$50,000 – Housing Development Corporation Purchase-Rehab-Resell Program Support
$80,000 – “Continuum of Care” Grant to address housing needs of low income,
extremely low income and homeless persons
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$50,000 – Housing Improvement Partnership Program Support
$35,000 – Small Business Rental Assistance Program
$75,000 – The Revitalization Fund for Small Business Owners
$58,927 – Program Administration
_______________________________________________________________
$348,927 – TOTAL
The proposed Consolidated Plan and Action Plan will be available for review at the
following locations after June 28, 2016:
Grand Island City Hall, City Clerk’s Office, 100 E. 1st Street, Grand Island, NE
68801.
Grand Island Public Library, 211 N. Washington Street, Grand Island, NE 68801.
Hall County Housing Authority, 911 Baumann Drive, Grand Island, NE 68803.
City of Grand Island’s website at www.grand-island.com categorized under
“Regional Planning” then “Community Development”.
Questions, comments or suggestions are encouraged concerning the 2017-2019
Consolidated Plan and 2016-2017 Action Plan and will be accepted until July 28, 2016.
All interest parties may request copies of all documents or submit written comments
details to Charley Falmlen, Community Development Division at 100 E. 1st Street,
Grand Island, NE 68801, or by email at charleyf@grand-island.com. The approved
Consolidated Plan and Action Plan will be submitted to the U.S. Department of Housing
and Urban Development on or before August 15, 2016.
No action is required by the City Council.
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item F-1
#9590 - Consideration of Request to Rezone Property located
North of US Hwy 34 and East of South Locust Street from B2-AC –
General Business with an Arterial Commercial Overlay to RD –
Residential Development (Talon Apartments, Inc.)
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/28/2016 Page 90 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
ORDINANCE NO. 9590
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising all of Lot
Three (3) Vanosdall Second Subdivision in the City of Grand Island, Hall County, Nebraska,
from B2-AC General Business with an Arterial Commercial Overlay to RD-Residential
Development Zone; directing the such zoning change and classification be shown on the Official
Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on June 1, 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 Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on June 28, 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 and reclassified and
changed from B2-AC General Business with an Arterial Commercial Overlay Zone to RD-
Residential Development Zone:
all of Lots Three (3) Vanosdall Second Subdivision in the City of Grand
Island, Hall County, Nebraska,
SECTION 2. That the proposed development plan for the above described real
estate, as shown on the plan submitted with the rezoning request is approved.
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ORDINANCE NO. 9590 (Cont.)
- 2 -
SECTION 3. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance and
that the approved development plan be kept in the records of the Hall County Regional Planning
Department.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 28, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-1
Approving Minutes of June 14, 2016 City Council Regular Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 14, 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 June 14, 2016. Notice of the meeting was given in The Grand Island Independent on
June 8, 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, Julie Hehnke, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
Chuck Haase 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 Chandler Hehnke.
INVOCATION was given by Pastor Richard King, Solid Rock Baptist Church, 3221 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Request from Calm Nights, LLC dba Hotel Grand Conference Center, 2503
South Locust Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an
application for a Class “C” Liquor License had been received from Calm Nights, LLC dba Hotel
Grand Conference Center, 2503 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 May 11, 2016; notice to the general public of date, time, and place of hearing
published on June 4, 2016; notice to the applicant of date, time, and place of hearing mailed on
May 12, 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.
No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - Northwest Corner of Hwy. 30 and
Engleman Road (West Park Plaza Mobile Home Park, LLC). Utilities Director Tim Luchsinger
reported that acquisition of a utility easement located at the northwest corner of Hwy. 30 and
Engleman Road was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. This easement would provide for new
transformers and high voltage underground power lines for the West Park Plaza Mobile Home
Park. The easement would also allow the Utilities Department to install, access, operate and
maintain the electric infrastructure. Staff recommended approval. No public testimony was
heard.
Grand Island Council Session - 6/28/2016 Page 94 / 190
Page 2, City Council Regular Meeting, June 14, 2016
Public Hearing on Acquisition of Utility Easement - 2023 S. Locust Street (First National Bank
of Omaha). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2023 S. Locust Street was needed in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. This easement would provide
for access for the placement, operation, and maintenance of the high-voltage underground power
line, the transformer and appurtenances for the new bank located at 2023 S. Locust Street. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Right-of-Way at the Intersection of Faidley Avenue &
Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate,
O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center).
Public Works Director John Collins reported that acquisition of a utility easement located at the
intersection of Faidley Avenue and Diers Avenue was needed in order to allow for the
construction, operation, maintenance, extension, repair, replacement, and removal of public
utilities within the easement to accommodate the installation of a traffic signal. 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 ordinance numbered:
#9589 - Consideration of Creation of Sanitary Sewer District No. 538T, Ext of Sanitary
Sewer to Serve Lot One (1) Jack Voss Horse Country Club Third Subdivision, Lot One
(1) Miracle Valley Second Subdivision, and Part of the W 1/2 SW 1/4 of Misc Tracts 2-
11-10 (W of Engleman Rd, N of Michigan Ave)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Public Works Director John Collins reported this tap district would be able to serve three (3) lots,
with the potential to serve more lots upon the development of Jack Voss Horse Country Club 3rd
Subdivision. The area was presently served with both water and electric. The cost was estimated
to be between $60,000 and $100,0000.
The following people spoke in support:
Randy Skarka, 3008 Orleans Drive
Hope Nelson, 3987 West Capital Avenue
Andrew Hanquist, 202 West 3rd Street
Motion by Donaldson, second by Paulick to approve Ordinance #9589.
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Page 3, City Council Regular Meeting, June 14, 2016
City Clerk: Ordinance #9589 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 #9589 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 #9589 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-11, G-14, G-15 and G-18 (Resolutions #2016-
134, 2016-137, 2016-138, and 2016-141) were pulled for further discussion. Motion by Fitzke,
second by Stelk to approve the Consent Agenda excluding items G-11, G-14, G-15 and G-18.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 24, 2016 City Council Regular Meeting.
Approving Appointment of Al Satterly to the Civil Service Commission.
Approving Liquor Manager Designation for Ian Butler, 6030 193rd Avenue, Omaha, NE for
Shopko #38, 2208 North Webb Road.
#2016-127 - Approving Request from Calm Nights, LLC dba Hotel Grand Conference Center,
2503 South Locust Street for a Class “C” Liquor License and Liquor Manager Designation for
Rhonda Saalfeld, 823 Austin Avenue.
#2016-128 - Approving Acquisition of Utility Easement - Northwest Corner of Hwy. 30 and
Engleman Road (West Park Plaza Mobile Home Park, LLC).
#2016-129 - Approving Acquisition of Utility Easement - 2023 S. Locust Street (First National
Bank of Omaha).
#2016-130 - Approving Bid Award - Water Main Project 2015-W-1 - Pine Street Crossing at the
Union Pacific Railroad Tracks with Van Kirk Bros. Contracting of Sutton, NE in an Amount of
$148,276.78.
#2016-131 - Approving Bid Award - Water Main Project 2016-W-3 - 13th & Beal Streets with
The Diamond Engineering Company of Grand Island, NE in an Amount of $23,348.57.
#2016-132 - Approving Sale of Residual Fuel Oil with Altiras Fuels of Houston, TX in an
Amount of $0.0125 per net pound ($0.05 per gallon).
#2016-133 - Approving Pipeline Crossing Agreement - Pine Street at the Union Pacific Railroad
Tracks - Water Main Project 20015-W-1.
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Page 4, City Council Regular Meeting, June 14, 2016
#2016-134 - Approving 2016 GIPD & HCSO JAG (Justice Assistance Grant) Application and
Funding. Motion by Nickerson, second by Minton to approve. Upon roll call vote, all voted aye.
Motion adopted. Councilmember Jones abstained.
#2016-135 - Approving the Continuation of the Three (3) Year VOCA Grant #2015-VA-0224
for the Police Department.
#2016-136 - Approving Acceptance of Grant for Fire Training Simulator.
#2016-137 - Approving Interlocal Agreement with the Grand Island Public Schools for
Improvements to Adams Street. Motion by Minton, second by Stelk to approve. Upon roll call
vote, all voted aye. Motion adopted. Councilmember Steele abstained.
#2016-138 - Approving Agreement for Public Transit Services with the Senior Citizens
Industries, Inc. of Grand Island, NE in an Amount of $53,202.50 per month from July 1, 2016
through June 30, 2017 with the option of renewing the Agreement for a maximum of two years
with increased costs each year. Pam Lancaster representing the Senior Citizens Industry spoke in
support. Motion by Hehnke, second by Paulick to approve. Upon roll call vote, all voted aye.
Motion adopted. Councilmember Stelk abstained.
#2016-139 - Approving Acquisition of Public Right-of-Way at the Intersection of Faidley
Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab
Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical
Center).
#2016-140 - Approving Amendment No. 1 to the Agreement for Engineering Consulting
Services Related to Community Development Block Grant Handicap Ramps 4th to 5th Streets;
Sycamore Street to Eddy Street; Project No. 2014-2G with Schemmer Associates of Lincoln, NE
for an Increase of $34,045.00 and a Revised Contract Amount of $128,397.00.
#2016-141 - Approving Bid Award for the Pavement Lifting & Stabilization with Polyurethane
Foam – South Locust St from Lake St. to Diversion Bridge with Thrasher, Inc. of LaVista, NE in
an Amount of $250,500.00. Public Works Director John Collins explained the process of the
project. Motion by Nickerson, second by Hehnke to approve. Upon roll call vote, all voted aye.
Motion adopted.
#2016-142 - Approving Correction to Resolution No. 2016-65 Regarding Purchase of a New
Motor Grader from Murphy Tractor for the Streets Division of the Public Works Department. It
was noted the correction was to correct the date of the first payment to November 25, 2016.
#2016-143 - Approving Temporary Construction Easements at the Intersection of Faidley
Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab
Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical
Center).
Grand Island Council Session - 6/28/2016 Page 97 / 190
Page 5, City Council Regular Meeting, June 14, 2016
#2016-144 - Approving Section 125 Cafeteria Plan Renewal with TASC in an Amount of $3.66
per enrollee.
#2016-145 - Approving Dental Plan Renewal with Delta Dental of Nebraska in an Amount of
$4.23 per employee per month for three years effective October 1, 2016.
#2016-146 - Approving Agreement with Tyler Technologies for Tyler Content Manager (TCM)
Product in an Amount of $64,025.00 and a recurring yearly cost of $2,430.00.
#2016-147 - Approving Microsoft Licensing Enterprise Agreement with En Pointe Technologies
Sales, Inc. in an Amount of $281,782.80 plus annual true-ups.
RESOLUTIONS:
#2016-148 - Consideration of Approving Resolution Regarding Food and Beverage Funds prior
to 7-1-16. City Attorney Jerry Janulewicz reported Resolution #2016-148 would define were the
surplus on the current food and beverage occupation tax would go towards. Designated was the
artificial turf at the fieldhouse and design and construction of restrooms at the Veteran’s Sports
Complex. Any remaining money would then be designated to cover future quarterly payments to
the Nebraska Sate Fair for the City’s match.
John Kenna, 3841 Meadowlark Circle spoke in support. Jay Vavricek, 2729 Brentwood Blvd.
representing the 1868 Foundation spoke in support and requested any excess funds go to the
equine facility being built at Fonner Park. Discussion was held regarding possible surplus funds
and collection of past due taxes.
Motion by Donaldson, second by Minton to approve Resolution #2016-148. Upon roll call vote,
all voted aye. Motion adopted.
#2016-149 - Consideration of Appointment of Robert Falldorf as Police Chief. Mayor Jensen
submitted the appointment of Robert Falldorf as the next Police Chief.
Motion by Stelk, second by Paulick to approve Resolution #2016-149. Upon roll call vote, all
voted aye. Motion adopted.
Newly appointed Police Chief Robert Falldorf thanked the Mayor, City Administration and City
Council for the opportunity to serve as the next Police Chief. He also recognized his family
present. Mr. Falldorf introduced his wife, Irene, who pinned the Chief’s strips and new badge on
Mr. Falldorf’s uniform.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Retiring Police Chief Steve Lamken. Mayor Jensen and the City Council
recognized Police Chief Steve Lamken with a plaque for his outstanding and dedicated service to
the citizens of Grand Island as Police Chief. Chief Lamken was present for the recognition.
Grand Island Council Session - 6/28/2016 Page 98 / 190
Page 6, City Council Regular Meeting, June 14, 2016
Police Chief Lamken stated it was an honor to serve as the Grand Island Police Chief and
recognized all the officers who worked for him.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Fitzke to approve the Claims for the period of May 25, 2016
through June 14, 2016 for a total amount of $8,730,324.76. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Paulick, second by Hehnke to adjourn to
Executive Session at 8:14 p.m. for the purpose of a strategy session with respect to Labor
Negotiations with the Fraternal Order of Police (FOP) #24. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Paulick, second by Fitzke to return to Regular
Session at 8:33 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:34 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/28/2016 Page 99 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-2
Approving Minutes of June 21, 2016 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/28/2016 Page 100 / 190
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
June 21, 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
June 21, 2016. Notice of the meeting was given in the Grand Island Independent on June 15,
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, Vaughn
Minton, Roger Steele, and Mike Paulick. Councilmembers Jeremy Jones, Julie Hehnke and
Michelle Fitzke 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 Rebecca Peterson.
INVOCATION was given by Community Youth Council member Rebecca Peterson followed by
the PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
Discussion of General Fund FY17 Budget. City Administrator Marlan Ferguson stated there was
a lot of information sent out and tonight we would cover the General Fund. The 400 Fund and
Gas Fund would also be reviewed. Projections for the next five years were not looking good.
Staff and the sub-committee had spent time working on the budget. The 2017 Budget included
no new FTE’s or operating increases. The goal was to increase revenues and decrease expenses.
Mayor Jensen thanked the Department Directors for being at the meeting and the work they had
done. He challenged everyone to look at the economics of the City and not the politics.
Finance Director Renae Griffiths reviewed the highlights of the General Fund. Projections were
listed as 2% increase in revenues and personnel increase of 5½%. Mentioned was a deficit of 4
million dollars. Expenditures were growing at a faster rate than revenues. The state fair building
would be paid off this year with no payment in the 2017 budget. Non Department Revenue was
reviewed with sales tax being the largest revenue followed by property tax. The Public Works
Street and Transportation Fund would be moved from the General Fund to the Gas Tax Fund.
Total estimated revenues in the Gas Tax Fund were $10,774.939. Road projects would be paid
for by gas tax money.
Briefly mentioned were the 400 Capital Improvement projects. General fund capital included the
training tower for the Fire Department. Ms. Griffiths suggested increasing revenue by $1.5
million through tax changes (new or existing) and changes to the Enterprise Fund fees. Expenses
Grand Island Council Session - 6/28/2016 Page 101 / 190
Page 2, City Council Study Session, June 21, 2016
of $1.5 million impact included wages comparison delay - $200,000; benefit cost changes -
$230,000; and General Fund expense reductions - $1,070,000.
Discussion was held regarding bonding or borrowing money for the ambulance and fire truck
which had been encumbered but not paid for yet. Assistant Finance Director Billy Clingman
stated this was budgeted in the 2016 budget.
Mayor Jensen stated we relied heavily on sales tax and it was trending lower than last year. He
did not want to see a tax levy increase this year. Ms. Griffiths commented on cost savings by
departments not spending their budget and/or not filling vacant personnel positions. Future
projects and their impacts on future budgets were mentioned. The Street Fund was being
supported by property tax.
Mr. Ferguson stated yesterday they found out that we would lose $160,000 from state aid for
2017. The lower the taxes the less state aid we would receive. Councilmember Minton stated we
needed to be cautious of cutting services because someone else would need to pick those services
up. It was mentioned we needed to see what a property tax increase would bring in. Public
Works Director John Collins commented on Highway 281 and Highway 30 projects which were
joint efforts with the State of Nebraska. Highway 281 was a maintenance project in which the
City would pay for half. Highway 30 was a realignment project in the amount of $26 million.
Councilmember Paulick commented on the following five solutions: 1) freeze hiring; 2) cut
departments in General Fund; 3) raise property tax 3½%; 4) cut staff/services; and 5) ½ cent
sales tax. Councilmember Nickerson stated we needed to look at raising property taxes to make
an impact on the programs we wanted/needed and future budgets. The amount of cash reserves
was mentioned along with long term needs for Capital projects. He stated the decisions we made
this year would affect the next four year budgets. Ms. Griffiths stated the biggest impact to the
General Fund budget would be hiring freezes and not replacing vacant positions.
Mayor Jensen commented on the mill levy which tied into the valuation. Increasing the mill levy
to the max would bring in $4 million. He stated consumption tax was the way to go. Discussion
was held concerning the amount we should have in cash reserves and sustainable revenues.
Councilmember Donaldson wanted to see the following: 1) increase of ½ cent sales tax; 2)
increase of property tax; 3) attrition and staff; 4) outsourcing mowing; and 5) change benefit cost
to staff. Mr. Clingman stated the ½ cent sales tax increase would not go to the General Fund but
to Capital projects.
Councilmember Haase commented on the reserve balance which had to be between 0% and 50%
which affected the interest rate on bonding. He commented on the challenges of this budget and
had confidence in the Administration and staff to bring forward the options that needed to be
considered.
Ms. Griffiths stated the next budget session would be July 19, 2016. Mr. Ferguson stated they
would be looking closely at each department’s budget, personnel expenses and costs, insurance
claims, health insurance, travel and training costs, outsourcing, etc. He mentioned the Food and
Grand Island Council Session - 6/28/2016 Page 102 / 190
Page 3, City Council Study Session, June 21, 2016
Beverage Tax that would bring in money for specific projects which would help, but also would
create more costs.
Mayor Jensen stated we were not a City that was standing still; we were growing and the
importance of bringing people to the City to spend their money. Mentioned was the I-80
expansion. He stated he didn’t want this to cast a negative light on Tax Increment Financing as
those projects would bring positive tax revenue in the future. Annexation was also mentioned to
increase the tax base.
ADJOURNMENT: The meeting was adjourned at 8:09 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 6/28/2016 Page 103 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-3
Approving Re-Appointment of Wanda Stelk to the Animal
Advisory Board
Mayor Jensen has submitted the re-appointment of Wanda Stelk to the Animal Advisory board. The
appointment would become effective September 1, 2016 upon approval by the City Council and would
expire on August 31, 2019.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 6/28/2016 Page 104 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-4
Approving Re-Appointment of Rob Czaplewski and Appointments
of Tanya Hansen and Sapna Purawat to the Library Board
Mayor Jensen has submitted the re-appointment of Rob Czaplewski and the new appointments of Tanya
Hansen and Sapna Purawat to the Library Board. Tanuya Hansen and Sapna Purawat will replace
Kristine McElligott and Angela Aldana. The appointments would become effective July 1, 2016 upon
approval by the City Council and would expire on June 30, 2020.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 6/28/2016 Page 105 / 190
Grand Island Council Session - 6/28/2016 Page 106 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-5
Approving Appointments of Karl Kostbahn, Ron Depue, Brad
Bauer, Kirk Ramsey, and Lisa Willman to the Occupation Tax
Oversight Committee (Food & Beverage)
Mayor Jensen has submitted the appointments of Karl Kostbahn, Ron Depue, Brad Bauer, Kirk Ramsey,
and Lisa Willman to the Occupation Tax Oversight Committee (Food & Beverage). These appointments
would all become effective July 1, 2016 upon approval by the City Council. Karl Kostbahn's term would
expire on June 30, 2017; Ron Depue and Brad Bauer's term would expire on June 30, 2018; and Kirk
Ramsey and Lisa Willman's term would expire on June 30, 2019.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 6/28/2016 Page 107 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-6
Approving Liquor Manager Designation for Jennifer Bonnell, 910
N. Hastings Avenue, Hastings, NE for Buffalo Wild Wings, 809
Allen Drive
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/28/2016 Page 108 / 190
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:June 28, 2016
Subject:Request from Jennifer Bonnell, 910 N. Hastings Avenue,
Hastings, NE for Liquor Manager Designation with
Buffalo Wild Wings, 809 Allen Drive
Presenter(s):RaNae Edwards, City Clerk
Background
Jennifer Bonnell, 910 N. Hastings Avenue, Hastings, NE has submitted an application
with the City Clerk’s Office for a Liquor Manager Designation in conjunction with
Buffalo Wild Wings, 809 Allen Drive.
This application has been reviewed by the Police Department and City Clerk’s Office.
See Police Department report attached.
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. Staff recommends approval contingent upon completion of a state
approved alcohol server/seller training program.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 6/28/2016 Page 109 / 190
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Jennifer Bonnell, 910 N. Hastings Avenue, Hastings,
NE for Liquor Manager Designation in conjunction with the Class “I-92285” Liquor
License for Buffalo Wild Wings, 809 Allen Drive with the stipulation that Ms. Bonnell
complete a state approved alcohol server/seller training program.
Grand Island Council Session - 6/28/2016 Page 110 / 190
Grand Island Council Session - 6/28/2016 Page 111 / 190
Grand Island Council Session - 6/28/2016 Page 112 / 190
Grand Island Council Session - 6/28/2016 Page 113 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-7
#2016-150 - Approving Request from Request from B & R Stores,
Inc. dba Super Saver 28, 710 West State Street for a Class “C”
Liquor License and Liquor Manager Designation for James
Goodman, 2716 Apache Road
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 6/28/2016 Page 114 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-150
WHEREAS, an application was filed by B & R Stores, Inc. doing business as
Super Saver 28, 710 West State Street for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on June 18, 2016; such publication cost being $16.28; and
WHEREAS, a public hearing was held on June 28, 2016 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of James
Goodman, 2716 Apache Road as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 115 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-8
#2016-151 - Approving Preliminary and Final Plat and Subdivision
Agreement for Talon Apartments 1st Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 6/28/2016 Page 116 / 190
Council Agenda Memo
From: Regional Planning Commission
Meeting: June 28, 2016
Subject: Talon Apartments 1st Subdivision – Preliminary Plat &
Final Plat
Presenter(s): Chad Nabity, Regional Planning Director
Background
This property is located north of US Hwy 34 and east of south Locust Street, in the City of Grand Island, in Hall County, consisting of 11 lots and 10.656 acres.
Discussion
The preliminary and final plat for Talon Apartments 1st Subdivision was considered by the Regional Planning Commission at the June 1, 2016 meeting.
A motion was made by Monter and seconded by Ruge to approve and recommend that
City Council approve the preliminary plat and final plat of Talon Apartments 1st
Subdivision.
A roll call vote was taken and the motion passed with 10 members present (Huismann,
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.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 6/28/2016 Page 117 / 190
Grand Island Council Session - 6/28/2016 Page 118 / 190
Developers/Owners Talon Apartments Inc.
1603 Coventry Lane
Grand Island NE 68801
To create 11 lots on a tract of land north of US Hwy 34 and east of Locust Street, in the
City of Grand Island, in Hall County.
Size: 10.656 acres. Zoning: RD – Residential Development Zone. Road Access: Public streets are available. Water Public: Water is available to be extended.
Sewer Public: Sewer is available to be extended.
Grand Island Council Session - 6/28/2016 Page 119 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-151
WHEREAS, Talon Apartments, Inc., being the said owner of the land described
hereon, has caused same to be surveyed, subdivided, platted and designated as “TALON
APARTMENTS FIRST SUBDIVISION”, a replat of all of Lot 3 Vanosdall Second 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 TALON APARTMENTS
FIRST SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the
City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to
execute the approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 120 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-9
#2016-152 - Approving Acquisition of Utility Easement - 905 S.
Locust Street (Gosda Car Wash)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/28/2016 Page 121 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-152
WHEREAS, a public utility easement is required by the City of Grand Island
from Gosda Car Wash, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on June 28, 2016 for the purpose of
discussing the proposed acquisition of an easement located through a part of Lot Seven (7),
Block Fifteen (15), South Grand Island Addition to the City of Grand Island, Hall County,
Nebraska (905 S. Locust Street); and more particularly described as follows:
The Easterly Twenty (20.0) feet of the Southerly Twenty (20.0) feet of the
Northerly Fifty-Four (54.0) feet of Lot Seven (7), Block Fifteen (15), South
Grand Island Addition to the City of Grand Island, Hall County, Nebraska.
The above-described easement and right-of-way containing 400 square feet more
or less, as shown on the plat dated 5/20/2016, marked Exhibit "A", attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from Gosda Car Wash, LLC, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
______________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 122 / 190
Grand Island Council Session - 6/28/2016 Page 123 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-10
#2016-153 - Approving 2016 Coal Purchase Carryover with Cloud
Peak Energy
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 6/28/2016 Page 124 / 190
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacey Nonhof, Assistant City Attorney
Meeting Date:June 28, 2016
Subject:2016 Coal Purchase Carryover
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
On April 28, 2015 the City of Grand Island entered into a contract to purchase 375,000
tons of coal for 2016 for the Platte Generating Station. This year with the abundant
supply of natural gas and the amount of wind generation the market price of power fell
below what could be produced at the Platte Generating Station. To account for the
extended time Platte Generating Station did not run, the contract for the coal supply
needed to be extended into 2017.
Discussion
Utility staff contacted Cloud Peak Energy to extend the contract from December 31, 2016
to January 31, 2017 to allow the carryover of two trainloads of coal. The carryover will
allow for the flexibility of purchasing power when it is more economical than running
Platte Generating Station.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 6/28/2016 Page 125 / 190
Recommendation
City Administration recommends that the Council approve the Coal Supply Contract date
extension from December 31, 2016 to January 31, 2017 Cloud Peak Energy’s Cordero
Rojo Mine.
Sample Motion
Move to approve the Coal Supply Contract date extension from December 31, 2016 to
January 31, 2017 Cloud Peak Energy’s Cordero Rojo Mine.
Grand Island Council Session - 6/28/2016 Page 126 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-153
WHEREAS, on April 28, 2015 the City of Grand Island entered into a contract
with Cloud Peak Energy to purchase 375,000 tons of coal for 2016 for the Platte Generating
Station; and
WHEREAS, during 2016 there has been an abundant supply of natural gas and
wind generation and the market price of power fell below the cost to produce power at the Platte
Generating Station; and
WHEREAS, to account for the extended time Platte Generating Station did not
run, the contract for the coal supply needed to be extended into 2017; and
WHEREAS, Utility staff contacted Cloud Peak Energy to extend the contract
from December 31, 2016 to January 31, 2017 to allow the carryover of two trainloads of coal and
the carryover will allow for the flexibility of purchasing power when it is more economical than
running Platte Generating Station.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the coal contract with Cloud Peak
Energy is hereby extended to January 31, 2017.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________
Jeremy L. Jensen, Mayor
Attest:
_________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 127 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-11
#2016-154 - Approving Coal Transportation Contract with the
Union Pacific Railroad
Staff Contact: Tim Luchsinger, Jerry Janulewicz
Grand Island Council Session - 6/28/2016 Page 128 / 190
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Jerome E. Janulewicz, City Attorney
Meeting:June 28, 2016
Subject:Coal Freight Transportation Contract between Union
Pacific Railroad and the City of Grand Island Utilities
Presenter(s):Tim Luchsinger, Utilities Director
Background
The coal transportation contract with the Union Pacific Railroad (UP) expires on
December 31, 2016, and was for a three year term. UP was asked to provide price
quotations for continued service to move coal from the Wyoming coal fields to the Platte
Generating Station at Grand Island. In accordance with the request from the Utilities
Department, UP provided proposals for continued freight service by contract and by
Common Carrier Tariff.
Discussion
Union Pacific considers its proposals for continued freight service to be confidential. In
order to meet that confidentiality, the proposed contract and Common Carrier rates are
included under separate cover for each Council Member. These proposals have been
reviewed by Department and Legal staff and it is recommended that the proposed
contract for the term of January 1, 2017 through December 31, 2019 be approved.
If the City Council wishes to discuss the details of the confidential proposal received
from Union Pacific, it is recommended that they adjourn to closed session for the
protection of the public interest.
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the contract offer
2.Move to request a Common Carrier Tariff
3.Refer the issue to a Committee
4.Postpone the issue to future date
5.Take no action on the issue
Grand Island Council Session - 6/28/2016 Page 129 / 190
Recommendation
City Administration’s recommends that the Council accept the 2016 contract offer from
Union Pacific for coal transportation to the Platte Generating Station.
Sample Motion
Move to approve the 2016 contract offer from Union Pacific for coal transportation to the
Platte Generating Station.
Grand Island Council Session - 6/28/2016 Page 130 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-154
WHEREAS, the City’s current coal transportation contract with the Union Pacific
Railroad Company expires on December 31, 2016; and
WHEREAS, Utilities Department staff has solicited proposals from Union Pacific
Railroad to continue coal transportation to Platte Generating Station; and
WHERAS, Union Pacific Railroad has offered a contract for coal transportation to
Platte Generating Station for the term January 1, 2017 through December 31, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that a contract for coal transportation with
the Union Pacific Railroad is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute the contract for coal transportation with the Union Pacific Railroad Company on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 131 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-12
#2016-155 - Approving Acquisition of Utility Easement - 315 N
Washington Street (J & B Rentals, LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/28/2016 Page 132 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-155
WHEREAS, an easement is required by the City of Grand Island, from the owner
of Lot 2, W and J Subdivision, located at 315 N Washington Street, for a public utility easement
to access an existing sanitary sewer main; and
WHEREAS, a public hearing was held June 28, 2016 for the purpose of
discussing the acquisition of the proposed public utility easement, as follows:
A proposed easement comprising all of the southerly Ten (10.0) feet
(measured perpendicular to the south line) of Lot Two (2), W and J
Subdivision in the City of Grand Island, Hall County, Nebraska, said
proposed easement containing 1,320 square feet, more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement as described on Exhibit “A” attached
hereto, located on Lot 2, W and J Subdivision, located at 315 N Washington Street, to allow
access to the existing sanitary sewer main.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 133 / 190
Grand Island Council Session - 6/28/2016 Page 134 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-13
#2016-156 - Approving Unified Planning Work Program (UPWP)
for the Grand Island Area Metropolitan Planning Organization
(GIAMPO) for the 2017 Fiscal Year Transportation Planning
Program
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/28/2016 Page 135 / 190
Council Agenda Memo
From:Terry Brown PE, Assistant Public Work Director
Meeting:June 28, 2016
Subject:Approving Unified Planning Work Program (UPWP) for
the Grand Island Area Metropolitan Planning
Organization (GIAMPO) for the 2017 Fiscal Year
Transportation Planning Program
Presenter(s):John Collins PW, Public Works Director
Background
All agreements must be approved by the City Council and will be acted on when
agreements are received from NDOR and the Federal Transit Administration. In March
2013 the City of Grand Island was designated as an urbanized area with a population over
50,000 which require the metropolitan area to establish a transportation planning process
in accordance to Title 23 CFR 450 of the current federal transportation bill. As a
requirement in this process, the MPO develops annually a Unified Planning Work
Program describing the work activities and funding required by GIAMPO to carry-out
these mandates.
This proposed FY 2017 UPWP, is unique in that it reflects previous federal and local
funds that have been acted on by Council, as well as Federal Transit Funds that are
required to be identified in the MPO Policy Board documentation for the City to receive
FTA Section 5307 funding. The Fiscal year for the MPO planning process is July 1, 2016
– June 30, 2017.
The total cost reimbursable under the agreement is currently estimated to be $142,083.00,
with the federal share estimated to be $113,666.00, and the MPO’s share estimated to be
$28,417.00.
Discussion
The Grand Island Area Metropolitan Planning Organization (GIAMPO) has drawn up a
Unified Planning Work Program with the City of Grand Island for the purpose of
assisting the LPA in obtaining Federal approval and financial assistance to ensure a
continued, comprehensive, and cooperative transportation planning process between the
Grand Island Council Session - 6/28/2016 Page 136 / 190
state and local governments for the Grand Island Metropolitan Planning Area for fiscal
year 2017.
The attached Exhibit “A” Grand Island Area Metropolitan Planning Organization
(GIAMPO), Unified Planning Work Program describes the work to be carried out in
accordance with 23 U.S.C Section 134 of the Moving Ahead for Progress in the 21st
Century (MAP-21), Transportation Bill and has been reviewed and approved by the
GIAMPO Policy Board, Nebraska Department of Transportation, Federal Highway
Administration, and Federal Transit Administration.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign the agreement.
Sample Motion
Move to approve authorization for the Mayor to sign the agreement.
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Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-156
WHEREAS, the Grand Island Area Metropolitan Planning Organization
(GIAMPO) in cooperation with the Nebraska Department of Roads has prepared a Unified
Planning Work Program (UPWP) for the purpose of assisting the LPA in obtaining Federal
approval and financial assistance to ensure a continued, comprehensive, and cooperative
transportation planning process between the state and local governments for the Grand Island
Metropolitan Planning Area for Fiscal Year 2017; and
WHEREAS, the total cost reimbursable under such agreement is currently
estimated to be $142,083.00, with the federal share estimated at $113,666.00 and the MPO share
estimated at $28,417.00 for Fiscal Year 2017, which begins July 1, 2016 and ends June 30, 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Unified Planning Work Program
(UPWP) for the Grand Island Metropolitan Planning Area for Fiscal Year 2017 is hereby
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 159 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-14
#2016-157 - Approving Authorization for Emergency Sanitary
Sewer Repairs between Sunset Avenue and Dodge Street; Oak
Street to Vine Street
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/28/2016 Page 160 / 190
Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:June 28, 2016
Subject:Approving Authorization for Emergency Sanitary Sewer
Repairs between Sunset Avenue and Dodge Street; Oak
Street to Vine Street
Presenter(s):John Collins PE, Public Works Director
Background
Emergency sanitary sewer repairs were needed for a sanitary sewer mainline between
Sunset Avenue and Dodge Street; Oak Street to Vine Street. The sanitary sewer main was
broken five (5) feet from the manhole, with the pipe offset and the manhole in poor
condition. Soil was showing from the offset and groundwater was infiltrating.
Discussion
Myers Construction, Inc. of Broken Bow, Nebraska was hired by providing a quote of
$37,875.00 for the sanitary sewer repair between Sunset Avenue and Dodge Street; Oak
Street to Vine Street.
Two other contractors were contacted to solicit quotes from; The Diamond Engineering
Company of Grand Island, Nebraska submitted a quote in the amount of $99,645.00 and
O’Hara Plumbing of Grand Island, Nebraska stated they were not available to do the
repairs.
Myers Construction, Inc. will be paid the repair costs in the amount of the quote
submitted, which totals $37,875.00, which is based on actual time and materials
incorporated into the repair work. Since the total is over $20,000.00 council approval is
necessary. We are requesting permission to use the emergency procurement procedures
as outlined in Section 27-13 of the City Code.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 6/28/2016 Page 161 / 190
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 usage of the City’s
Emergency Procurement Procedures and pass a resolution authorizing payment to Myers
Construction, Inc. of Broken Bow, Nebraska in the total amount of $37,875.00 for the
necessary sanitary sewer repairs.
Sample Motion
Move to approve the usage of the City’s Emergency Procurement Procedures and
authorize payment for the necessary sanitary sewer repairs.
Grand Island Council Session - 6/28/2016 Page 162 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-157
WHEREAS, the Wastewater Division of the Public Works Department needed to
perform emergency sanitary sewer repairs between Sunset Avenue and Dodge Street; Oak Street
to Vine Street; and
WHEREAS, permission is requested to use the emergency procurement
procedures as outlined in Section 27-13 of the City Code; and
WHEREAS, Myers Construction, Inc. of Broken Bow, Nebraska has been hired
to do said repairs, with a total quote of $37,875.00; and
WHERAS, two other contractors were contacted to solicit quotes from; The
Diamond Engineering Company of Grand Island, Nebraska submitted a quote of $99,645.00 and
O’Hara Plumbing of Grand Island, Nebraska stated they were not available to do the repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repairs performed
by Myer Construction, Inc. of Broken Bow, Nebraska between Sunset Avenue and Dodge
Street; Oak Street to Vine Street, in the total amount of $37,875.00 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 163 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-15
#2016-158 - Approving Change Order No. 2 for Hall County SID
No. 2 Sanitary Sewer Improvements - 2014
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/28/2016 Page 164 / 190
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 28, 2016
Subject:Approving Change Order No. 2 for Hall County SID No.
2 Sanitary Sewer Improvements - 2014
Presenter(s):John Collins PE, Public Works Director
Background
On May 12, 2015, by Resolution No. 2015-125, the City Council awarded the bid for
construction of Sanitary Improvement District No. 2 to Myers Construction, Inc. of
Broken Bow, Nebraska on May 12, 2015 in the amount of $2,180,806.00.
On April 12, 2016, by Resolution No. 2016-83, the City Council approved Change Order
No. 1 to such contract, in the amount of $47,018.75, to address large amounts of
unknown debris that was encountered on a portion of the project near Lift Station No. 25,
which caused increased boring expenses, debris disposal, and additional work days.
Change Order No. 1 resulted in a revised contract amount of $2,227,824.75.
This project will continue the extension of sanitary sewer to the south side of Interstate
80 along US Highway 281.
Any changes to the contract require council approval.
Discussion
The City has been responsible for electrical service for the two (2) new lift stations to
date. The northern lift station has a diesel generator as backup, while the southern lift
station is backed up by a natural gas generator. Myers Construction, Inc. was able to
schedule the work to convert the north lift station backup generator to natural gas in a
more timely fashion than the gas company, therefore the City opted to have the contractor
perform the work under the current contract.
This second change order will also rectify final quantities for the project. One notable
overage is the quantity increase for the dual 4-inch force main due to a longer run
required at the north end of the project. The US Highway 281 project stopped about 150
feet short due to a large concrete sign base, however directional drilling of the 4-inch
Grand Island Council Session - 6/28/2016 Page 165 / 190
force main was able to get under the large concrete base when an open cut method for the
US Highway 281 project was not practical.
Itemized costs are included in the Change Order No. 2 document from Olsson Associates.
In summary, an additional $16,880.00 is requested to address the conversion of the
northern lift station generator backup from diesel to natural gas, as well as rectify final
quantity amounts. Such increase will result in a revised contract amount of
$2,244,704.75.
Funds are available in Account No. 53030055-85213-53002.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 2 for Hall
County SID No. 2 Sanitary Sewer Improvements – 2014 with Myers Construction, Inc. of
Broken Bow, Nebraska in the amount of $16,880.00.
Sample Motion
Move to approve Change Order No. 2.
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Grand Island Council Session - 6/28/2016 Page 169 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-158
WHEREAS, on May 12, 2015, by Resolution 2015-125, the City Council of the
City of Grand Island approved the bid of Myers Construction, Inc. of Broken Bow, Nebraska for
construction of Hall County SID No. 2 Sanitary Sewer Improvements – 2014, in the amount of
$2,180,806.00; and
WHEREAS, on April 12, 2016, by Resolution No. 2016-83, the City Council of
the City of Grand Island approved Change Order No. 1 to such contract in the amount of
$47,018.75, to address large amounts of unknown debris that was encountered on a portion of the
project near Lift Station No. 25, which caused increased boring expenses, debris disposal, and
additional work days; and
WHEREAS, to address the conversion of the northern lift station generator
backup from diesel to natural gas, as well as rectify final quantity amounts Change Order No. 2
in the amount of $16,880.00 is requested; and
WEREAS, the Public Works Department supports such change order.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 2 in the amount of $16,880.00.00 between
the City of Grand Island and Myers Construction, Inc. of Broken Bow, Nebraska to provide the
modifications of Hall County SID No. 2 Sanitary Sewer Improvements - 2014.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 170 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-16
#2016-159 - Approving Bid Award for Building Demolition - North
of Highway 2 (Between Railroad Mile Marker 98 & 99) Within the
Burlington Northern Santa Fe Railroad Right-of-Way
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 6/28/2016 Page 171 / 190
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:June 28, 2016
Subject:Approving Bid Award for Building Demolition – North
of Highway 2 (Between Railroad Mile Marker 98 & 99)
Within Burlington Northern Santa Fe Railroad Right-of-
Way
Presenter(s):John Collins PE, Public Works Director
Background
The State of Nebraska requested the City of Grand Island demolish the building that sits
north of Highway 2 (north of the Veterans Home pond), between railroad mile marker 98
& 99) within the Burlington Northern Santa Fe Railroad right-of-way. Such building was
constructed many years ago in the railroad right-of-way by the Grand Island Veterans
Home to receive coal and other needed commodities which were delivered by rail. In
order to properly terminate the State’s lease with the railroad, the building must be
completely removed.
Discussion
The Engineering Division of the Public Works Department solicited informal quotes for
the demolition of the building that sits north of Highway 2 in the Burlington Northern
Santa Fe Railroad right-of-way. Such quotes were due on June 15, 2016 with one
submittal received from Hooker Brothers Construction Company of Grand Island,
Nebraska. Such quote is in the amount of $32,979.60 and covers the removal of the
building foundation and attached concrete dock, fill and leveling of the depression
adjacent to the grade, as well as removal of all materials from the site and proper disposal
of such. The contractor is also responsible to obtain any necessary permits from the City,
State and Burlington Northern Santa Fe Railroad.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 6/28/2016 Page 172 / 190
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 bid of Hooker Brothers
Construction Company of Grand Island, Nebraska in the amount of $32,979.60 for
demolition of the building that sits north of Highway 2, between mile marker 98 & 99,
within Burlington Northern Santa Fe Railroad’s right-of-way.
Sample Motion
Move to approve the bid of Hooker Brothers Construction Company of Grand Island,
Nebraska in the amount of $32,979.60.
Grand Island Council Session - 6/28/2016 Page 173 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-159
WHEREAS, the State of Nebraska requested the City of Grand Island demolish
the building that sits north of Highway 2 (between railroad marker 98 & 99) within Burlington
Northern Santa Fe Railroad’s right-of-way; and
WHEREAS, in order to properly terminate the State’s lease with the railroad, the
building must be completely removed; and
WHEREAS, the Engineering Division of the Public Works Department solicited
quotes for such building demolition; and
WHEREAS, Hooker Brothers Construction Company of Grand Island, Nebraska
was the sole responsible responder with a quote of $32,979.60 to remove the building foundation
and attached concrete dock, fill and level the depression adjacent to the grade and remove all
materials from the site and dispose of such properly.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of $32,979.60 from Hooker
Brothers Construction Company of Grand Island, Nebraska is hereby approved for demolition of
the building that sits north of Highway 2 (between railroad marker 98 & 99) within Burlington
Northern Santa Fe Railroad’s right-of-way.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 174 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item G-17
#2016-160 - Approving Resolution to Place Firefighter Ronald
Tubbs on the Disabled Firefighter Pension List
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 6/28/2016 Page 175 / 190
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Meeting:June 28, 2016
Subject:Ronald Tubbs/Disabled Firefighter Pension
Presenter(s):Jerry Janulewicz, City Attorney
Background
Firefighter Ronald Tubbs has been employed as a firefighter for the City of Grand Island
since October 23, 2000. On November 24, 2015, he was placed on temporary disability
status after the Fire Department’s contract physician determined he was not medically fit
to perform the duties of a firefighter. Following this action, Firefighter Tubbs participated
in an independent medical evaluation arranged by the City. As a result of the findings of
the independent medical evaluation, the findings and determination of the fire
department’s contract physician, and the presumption of disability in the line of duty
provided by Section 18-1723 of the Nebraska Statutes, the City’s fire chief and city
attorney recommend that Firefighter Ronald Tubbs be found to be permanently and
totally disabled as defined by Section 16-1031 of the Nebraska Statutes, as such
disability results in his complete inability, for reasons of accident or other cause while in
the line of duty, to perform the duties of a firefighter as those duties are defined in the
department’s job description.
Discussion
By statute, a firefighter placed upon the roll of pensioned firefighters shall receive a
retirement pension of fifty percent of regular pay for the period of disability. If the
actuarial equivalent of the disability pension payable exceeds the employee’s retirement
value at the time of the first pension payment, the city must contribute such additional
amounts as may be necessary, from time to time, to provide for the required disability
pension.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
Grand Island Council Session - 6/28/2016 Page 176 / 190
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution placing
Firefighter Ronald Tubbs on the roll of pensioned firefighters of the City of Grand Island
as provided in the resolution.
Sample Motion
Move to approve the Resolution.
Grand Island Council Session - 6/28/2016 Page 177 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-160
WHEREAS, Firefighter Ronald Tubbs has been employed as a firefighter for the
City of Grand Island since October 23, 2000; and
WHEREAS, on November 24, 2015, Firefighter Tubbs was placed on temporary
disability status following the action on October 2, 2015, of the Fire Department’s contract
physician who found and determined based upon nationally recognized standards that Firefighter
Tubbs was not medically fit to perform the duties of a firefighter; and
WHEREAS, following the results of the fitness for duty examination, the City
required Firefighter Tubbs to be evaluated by an independent physician licensed to practice
medicine in the State of Nebraska; and
WHEREAS, as a result of the findings of the city-required independent medical
evaluation, the findings and determination of the fire department’s contract physician, and the
presumption of disability in the line of duty provided by Section 18-1723 of the Nebraska
Statutes, the City’s fire chief and city attorney recommend that Firefighter Ronald Tubbs be
found to be permanently and totally disabled as defined by Section 16-1031 of the Nebraska
Statutes, as such disability results in his complete inability, for reasons of accident or other
cause while in the line of duty, to perform the duties of a firefighter as those duties are defined in
the department’s job description.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that effective July 1, 2016, Ronald Tubbs
shall be placed upon the roll of pensioned firefighters at the regular retirement pension of fifty
percent of regular pay for the period of such disability. As provided by Section 16-1031(4), if
the actuarial equivalent of the disability pension payable exceeds Firefighter Tubbs’ retirement
value at the time of the first pension payment, the city shall contribute such additional amounts
as may be necessary, from time to time, to provide for the required disability pension.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, June 28 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 6/28/2016 Page 178 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item H-1
Consideration of Community Development Block Grant
Consolidated Plan and Annual Action Plan Funding Allocations
This item relates to the aforementioned Public Hearing item E-6. No Council action is required.
Staff Contact: Charley Falmlen
Grand Island Council Session - 6/28/2016 Page 179 / 190
City of Grand Island
Tuesday, June 28, 2016
Council Session
Item I-1
#2016-161 - Consideration of Redevelopment Plan for CRA Area
19 located at the Northeast Corner of US Highway 34 and South
Locust Street (Talon Apartments, Inc.)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session - 6/28/2016 Page 180 / 190
Approved as to Form ¤ ___________
June 24, 2016 ¤ City Attorney
R E S O L U T I O N 2016-161
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. 19 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 - 6/28/2016 Page 181 / 190
- 2 -
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 19 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 - 6/28/2016 Page 182 / 190
- 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, June 28, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item J-1
Approving Payment of Claims for the Period of June 15, 2016
through June 28, 2016
The Claims for the period of June 15, 2016 through June 28, 2016 for a total amount of $4,728,142.82.
A MOTION is in order.
Staff Contact: Renae Griffiths
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City of Grand Island
Tuesday, June 28, 2016
Council Session
Item S-1
Update on Wrongful Death Claim of Dumale Bariyiga
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 6/28/2016 Page 185 / 190
Council Agenda Memo
From: Jerry Janulewicz, City Attorney
Meeting:June 28, 2016
Subject:Claim of Dumale Bariyiga and on behalf of the Estate of
Nubari Koffree
Presenter(s): Jerry Janulewicz, City Attorney
Background and Discussion
On September 11, 2015, the City of Grand Island received the Claim of Dumale Bariyiga
made under the Political Subdivisions Tort Claims Act. The claim arose out of the July
18, 2015 death of Nubari Koffree, the Claimant’s daughter, which occurred at Island
Oasis Water Park. While the claim was on file with the City, the Claimant, the City, and
the City’s liability insurance carrier participated in mediation of the claim. Through
mediation, attended by the City Attorney, a settlement agreement was reached whereby
the Claimant would execute a full and complete release of the City of Grand Island, its
officers and employees, from all claims arising out of the death of Nubari Koffree,
including those for the wrongful death of Nubari Koffree and Claimant’s individual
claims, in consideration of $240,000 to be paid by the City’s insurance carrier. An
exchange of the settlement release and consideration for the release was completed on
June 16, 2016. Nebraska Revised Statute Section 84-713 requires that a settlement
agreement such as this be included as an agenda item on the next regularly scheduled
public meeting of the public body for informational purposes. A copy of the Settlement
Release and Release is included with this memo.
No Council action is required. This matter is submitted for informational purposes and to
comply with the above-cited statute.
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