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12-27-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, December 27, 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 Grand Island Council Session - 12/27/2016 Page 1 / 276 City of Grand Island Tuesday, December 27, 2016 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Dan Bremer, Grace Lutheran Church, 545 East memorial Drive Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 12/27/2016 Page 2 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item D-1 #2016-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District No. 528 Council action will take place under Ordinances item F-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 3 / 276 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 27, 2016 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 528 Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 528 was approved on November 22, 2016 with December 27, 2016 set as the date for Council to sit as the Board of Equalization. All work has been completed and special fees have been calculated for this sanitary sewer district. Discussion Sanitary Sewer District No. 528 was created by City Council on July 12, 2011 through Ordinance No. 9299 in response to a petition the City received from four (4) property owners requesting sanitary sewer in the Wildwood Subdivision. Work on this sanitary sewer district was completed at a construction price of $1,686,157.73 and additional costs of $214,388.97 for a total district cost of $1,900,546.70. The Engineers Certificate of Completion is attached detailing such costs. Assessments were reached using the following information, with supporting documentation attached. Final District Cost $ 1,900,546.70 530T credit $ (436,395.96) Swift Beef Co. credit (Per Res 2011-321)$ (245,000.00) City Costs $ (254,150.74) Total Assessable Costs $ 965,000.00 Grand Island Council Session - 12/27/2016 Page 4 / 276 Connection Agreements & amount paid prior to project completion: Property Owner Address Previous Fees Paid Robco, LLC dba Fairbanks Equipment 5018 Antelope Dr $ 2,003.13 Rich and Sons Camper Sales of GI 5112 Antelope Dr $ 5,936.25 Total Previous Fees Paid $ 7,939.38 The attached resolution gives credit to the two (2) property owners currently connected to the sanitary sewer main in this district and notes assessment amount due from each property, in the total amount of $957,060.62. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council sit as the Board of Equalization to determine benefits and pass an Ordinance to levy assessment fees to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution determining benefits for Sanitary Sewer District No. 528. (Sample Motion for the Ordinance) Move to approve the Ordinance levying the assessment fees for Sanitary Sewer District No. 528. Grand Island Council Session - 12/27/2016 Page 5 / 276 Grand Island Council Session - 12/27/2016 Page 6 / 276 Grand Island Council Session - 12/27/2016 Page 7 / 276 Approved as to Form ¤ ___________ December 13, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. An ordinance to assess and levy a special tax to pay the cost of construction of Sanitary Sewer District No. 528 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 528, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and lands as follows: Sanitary Sewer District No. 528 - Assessments Parcel # Owner Legal Totals Connection Fee Previously Paid Assessment Owed 400215985 Robin Stauffer Trustee Alda Twp PT SE1/4 NE1/4 & PT E1/2 SE1/4 1-10-10 87.48 ac $142,268.74 $ - $ 142,268.74 400215977 Daniel P & Susan M Springer Stauffer Sub Lot 2 5.03 ac $ 42,157.68 $ - $ 42,157.68 400219298 Robco LLC, c/o Cody Wray Lots 1, Wildwood Sub $ 35,368.98 $ 2,003.13 $ 33,365.85 400219298 Robco LLC, c/o Cody Wray Lots 2, Wildwood Sub $ 8,637.09 $ - $ 8,637.09 400219298 Robco, LLC, c/o Cody Wray Lots 3, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219433 Robco, LLC Lot 14, Wildwood Sub $ 22,039.20 $ - $ 22,039.20 400219441 Robco, LLC Lot 15, Wildwood Sub $ 43,940.84 $ - $ 43,940.84 400219336 Rich & Sons Camper Sales of GI Lot 4, Wildwood Sub $ 22,006.06 $ 5,936.25 $ 16,069.81 400219360 Rich & Sons Camper Sales of GI Lot 7, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219417 Rich & Sons Camper Sales of GI Lot 12, Wildwood Sub $ 22,093.03 $ - $ 22,093.03 400219425 Rich & Sons Camper Sales of GI Lot 13, Wildwood Sub $ 22,007.23 $ - $ 22,007.23 400219352 Rich & Sons Camper Sales of GI Lot 1, Hiser Sub $ 44,006.07 $ - $ 44,006.07 Grand Island Council Session - 12/27/2016 Page 8 / 276 RESOLUTION NO. ______ (Cont.) - 2 - 400219379 BBRE Partnership Lot 8, Wildwood Sub $ 26,414.64 $ - $ 26,414.64 400219387 BBRE Partnership Lot 9, Wildwood Sub $ 26,104.07 $ - $ 26,104.07 400219395 BBRE Partnership Lot 10, Wildwood Sub $ 22,142.26 $ - $ 22,142.26 400219409 BBRE Partnership Lot 11, Wildwood Sub $ 22,046.93 $ - $ 22,046.93 400219468 JPK & CMA Enterprises, Inc. Lot 1, Wildwood Second Sub $ 47,328.12 $ - $ 47,328.12 400219476 GMS Enterprises, Inc. Lot 2, Wildwood Second Sub $ 42,820.68 $ - $ 42,820.68 400219484 Central Cooperatives Nonstock Transport Co. Lot 18, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219492 Central Cooperatives Nonstock Transport Co. Lot 19, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219506 Central Cooperatives Nonstock Transport Co. Lot 20, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc. Lot 21, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc. Lot 22, Wildwood Sub $ 69,159.31 $ - $ 69,159.31 400219530 Amercian Freightways, Inc. Lot 23, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc. Lot 24, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc. Lot 25, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 26, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 27, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Misc Tracts 12-10-10 PT NE 1/4, NE 1/4 1.63 ac $ 51,707.94 $ - $ 51,707.94 Totals $ 965,000.00 $ 7,939.38 $ 957,060.62 SECTION 2. The special tax shall become delinquent as follows: one-tenth of the total amount shall become delinquent in fifty (50) days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land my be paid within fifty days from the date of the levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at rate of fourteen percent (14%) per annum shall be paid thereof, until the same is collected and paid. Grand Island Council Session - 12/27/2016 Page 9 / 276 RESOLUTION NO. ______ (Cont.) - 3 - SECTION 3. The Treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provide by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Sanitary Sewer District No. 528”. SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: December 27, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 10 / 276 Approved as to Form ¤ ___________ December 13, 2016 ¤ City Attorney R E S O L U T I O N 2016 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 528, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 528 to be the total sum of $1,900,546.70, with credits of $943,486.08, for a revised assessment total of $957,060.62; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 528, such benefits are the sums set opposite the several descriptions as follows: Sanitary Sewer District No. 528 - Assessments Parcel # Owner Legal Totals Connection Fee Previously Paid Assessment Owed 400215985 Robin Stauffer Trustee Alda Twp PT SE1/4 NE1/4 & PT E1/2 SE1/4 1-10-10 87.48 ac $142,268.74 $ - $ 142,268.74 400215977 Daniel P & Susan M Springer Stauffer Sub Lot 2 5.03 ac $ 42,157.68 $ - $ 42,157.68 400219298 Robco LLC, c/o Cody Wray Lots 1, Wildwood Sub $ 35,368.98 $ 2,003.13 $ 33,365.85 400219298 Robco LLC, c/o Cody Wray Lots 2, Wildwood Sub $ 8,637.09 $ - $ 8,637.09 400219298 Robco, LLC, c/o Cody Wray Lots 3, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219433 Robco, LLC Lot 14, Wildwood Sub $ 22,039.20 $ - $ 22,039.20 400219441 Robco, LLC Lot 15, Wildwood Sub $ 43,940.84 $ - $ 43,940.84 400219336 Rich & Sons Camper Sales of GI Lot 4, Wildwood Sub $ 22,006.06 $ 5,936.25 $ 16,069.81 400219360 Rich & Sons Camper Sales of GI Lot 7, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219417 Rich & Sons Camper Sales of GI Lot 12, Wildwood Sub $ 22,093.03 $ - $ 22,093.03 400219425 Rich & Sons Camper Sales of GI Lot 13, Wildwood Sub $ 22,007.23 $ - $ 22,007.23 400219352 Rich & Sons Camper Sales of GI Lot 1, Hiser Sub $ 44,006.07 $ - $ 44,006.07 400219379 BBRE Partnership Lot 8, Wildwood Sub $ 26,414.64 $ - $ 26,414.64 400219387 BBRE Partnership Lot 9, Wildwood Sub $ 26,104.07 $ - $ 26,104.07 400219395 BBRE Partnership Lot 10, Wildwood Sub $ 22,142.26 $ - $ 22,142.26 400219409 BBRE Partnership Lot 11, Wildwood Sub $ 22,046.93 $ - $ 22,046.93 400219468 JPK & CMA Enterprises, Inc. Lot 1, Wildwood Second Sub $ 47,328.12 $ - $ 47,328.12 400219476 GMS Enterprises, Inc. Lot 2, Wildwood Second Sub $ 42,820.68 $ - $ 42,820.68 400219484 Central Cooperatives Nonstock Transport Co. Lot 18, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219492 Central Cooperatives Nonstock Transport Co. Lot 19, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219506 Central Cooperatives Nonstock Transport Co. Lot 20, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc. Lot 21, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc. Lot 22, Wildwood Sub $ 69,159.31 $ - $ 69,159.31 400219530 Amercian Freightways, Inc. Lot 23, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc. Lot 24, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 Grand Island Council Session - 12/27/2016 Page 11 / 276 - 2 - 400219530 American Freightways, Inc. Lot 25, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 26, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 27, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Misc Tracts 12-10-10 PT NE 1/4, NE 1/4 1.63 ac $ 51,707.94 $ - $ 51,707.94 Totals $ 965,000.00 $ 7,939.38 $ 957,060.62 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 12 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-BE-7 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 528, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 528 to be the total sum of $1,900,546.70, with credits of $943,486.08, for a revised assessment total of $957,060.62; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 528, such benefits are the sums set opposite the several descriptions as follows: Sanitary Sewer District No. 528 - Assessments Parcel #Owner Legal Totals Connection Fee Previously Paid Assessment Owed 400215985 Robin Stauffer Trustee Alda Twp PT SE1/4 NE1/4 & PT E1/2 SE1/4 1-10-10 87.48 ac $142,268.74 $ - $ 142,268.74 400215977 Daniel P & Susan M Springer Stauffer Sub Lot 2 5.03 ac $ 42,157.68 $ - $ 42,157.68 400219298 Robco LLC, c/o Cody Wray Lots 1, Wildwood Sub $ 35,368.98 $ 2,003.13 $ 33,365.85 400219298 Robco LLC, c/o Cody Wray Lots 2, Wildwood Sub $ 8,637.09 $ - $ 8,637.09 400219298 Robco, LLC, c/o Cody Wray Lots 3, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219433 Robco, LLC Lot 14, Wildwood Sub $ 22,039.20 $ - $ 22,039.20 400219441 Robco, LLC Lot 15, Wildwood Sub $ 43,940.84 $ - $ 43,940.84 400219336 Rich & Sons Camper Sales of GI Lot 4, Wildwood Sub $ 22,006.06 $ 5,936.25 $ 16,069.81 400219360 Rich & Sons Camper Sales of GI Lot 7, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219417 Rich & Sons Camper Sales of GI Lot 12, Wildwood Sub $ 22,093.03 $ - $ 22,093.03 400219425 Rich & Sons Camper Sales of GI Lot 13, Wildwood Sub $ 22,007.23 $ - $ 22,007.23 400219352 Rich & Sons Camper Sales of GI Lot 1, Hiser Sub $ 44,006.07 $ - $ 44,006.07 400219379 BBRE Partnership Lot 8, Wildwood Sub $ 26,414.64 $ - $ 26,414.64 400219387 BBRE Partnership Lot 9, Wildwood Sub $ 26,104.07 $ - $ 26,104.07 400219395 BBRE Partnership Lot 10, Wildwood Sub $ 22,142.26 $ - $ 22,142.26 400219409 BBRE Partnership Lot 11, Wildwood Sub $ 22,046.93 $ - $ 22,046.93 400219468 JPK & CMA Enterprises, Inc.Lot 1, Wildwood Second Sub $ 47,328.12 $ - $ 47,328.12 400219476 GMS Enterprises, Inc.Lot 2, Wildwood Second Sub $ 42,820.68 $ - $ 42,820.68 400219484 Central Cooperatives Nonstock Transport Co.Lot 18, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219492 Central Cooperatives Nonstock Transport Co.Lot 19, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219506 Central Cooperatives Nonstock Transport Co.Lot 20, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc.Lot 21, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc.Lot 22, Wildwood Sub $ 69,159.31 $ - $ 69,159.31 400219530 Amercian Freightways, Inc. Lot 23, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 Grand Island Council Session - 12/27/2016 Page 13 / 276 - 2 - 400219530 American Freightways, Inc.Lot 24, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc.Lot 25, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 26, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 27, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Misc Tracts 12-10-10 PT NE 1/4, NE 1/4 1.63 ac $ 51,707.94 $ - $ 51,707.94 Totals $ 965,000.00 $ 7,939.38 $ 957,060.62 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 14 / 276 Grand Island Council Session - 12/27/2016 Page 15 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item D-2 #2016-BE-8 - Consideration of Determining Benefits for Sanitary Sewer District No. 530T Council action will take place under Resolutions item I-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 16 / 276 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 27, 2016 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 530T Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 530T was approved on November 22, 2016 with December 27, 2016 set as the date for Council to sit as the Board of Equalization. All work has been completed and special fees have been calculated for this sanitary sewer tap district. Discussion Sanitary Sewer District No. 530T was created by City Council on December 6, 2011 through Ordinance No. 9348 to support sanitary sewer extension south along Highway 281 past Interstate 80. Work on this sanitary sewer district was completed at a construction price of $1,764,656.49 and additional costs of $538,185.76, for a total district cost of $2,302,842.25. The Engineers Certificate of Completion is attached detailing such costs. Tap connection fees were reached using the following information, with supporting documentation attached. Final $ 2,302,842.25 528 costs associated $ 436,395.96 City Costs $ - Total Tap Fees $ 2,739,238.21 Connection Agreements & amount paid prior to project completion: Property Owner Address Previous Fees Paid Design Flite, Inc.6499 S US Highway 281 $20,887.75 Total Previous Fees Paid $20,887.75 Grand Island Council Session - 12/27/2016 Page 17 / 276 The attached resolution gives credit to the one (1) property owner currently connected to the sanitary sewer main in this tap district and notes the tap fee amount due from each property, in the total amount of $2,718,350.46. A connection fee in the amount of the benefit accruing to each property in the district shall be paid to the City of Grand Island prior to the time such property becomes connected to the sanitary sewer. No property benefited as determined by the attached resolution shall be connected to the sanitary sewer main until the connection fee is paid. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council sit as the Board of Equalization to determine benefits and pass an Ordinance to levy a Special Tap Fee to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution determining benefits for Sanitary Sewer District No. 530T. (Sample Motion for the Ordinance) Move to approve the Ordinance levying the tap fees for Sanitary Sewer District No. 530T. Grand Island Council Session - 12/27/2016 Page 18 / 276 Grand Island Council Session - 12/27/2016 Page 19 / 276 Grand Island Council Session - 12/27/2016 Page 20 / 276 Grand Island Council Session - 12/27/2016 Page 21 / 276 Grand Island Council Session - 12/27/2016 Page 22 / 276 Approved as to Form ¤ ___________ December 13, 2016 ¤ City Attorney R E S O L U T I O N 2016 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 530T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 530T to be the total sum of $2,739,238.21, with credits of $20,887.75 for a revised tap fee total of $2,718,350.46; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 530T, such benefits are the sums set opposite the several descriptions as follows: Sanitary Sewer District No. 530T - Assessments Parcel # Owner Legal Sub-Total Tap Fee Previously Paid Tap Fee Owed 400217198 Larry J & Karen L Knuth ALDA TWP PT NW 1/4 NE 1/4 12- 10-10 39 AC $ 7,379.12 $ - $ 7,379.12 400217201 Larry J & Karen L Knuth ALDA TWP PT NE 1/4 NW 1/4 NE 1/4 12-10-10 1 AC $ 184.32 $ - $ 184.32 400217244 Jim C & Kathy L Rathman ALDA TWP PT NE 1/4 NW 1/4 12- 10-10 40 AC $ 6,695.75 $ - $ 6,695.75 400495510 Jim C & Kathy L Rathman ALDA TWP SE 1/4 NW 1/4 & NE 1/4 SW 1/4 12-10-10 80 AC $ 15,227.41 $ - $ 15,227.41 400217279 Arthur P & Geraldine Stelk Living Rev Trust ALDA TWP N 55 AC W 1/2 NW 1/4 12-10-10 55 AC $ 9,234.59 $ - $ 9,234.59 400217236 Lawney L Rathman Trustee ALDA TWP XC 5.37 AC STATE SE 1/4 NE 1/4 12-10-10 34.63 AC $ 215,084.34 $ - $ 215,084.34 400217228 Lawney L Rathman Trustee ALDA TWP SW 1/4 NE 1/4 12-10-10 40 AC $ 18,023.81 $ - $ 18,023.81 400217309 Lawney L Rathman Trustee ALDA TWP XC 13.84 AC STATE E 1/2 SE 1/4 12-10-10 66.16 AC $ 405,092.79 $ - $ 405,092.79 400217341 Lawney L Rathman Trustee ALDA TWP S 30 AC NW 1/4 SE 1/4 2-10-10 30 AC $ 14,667.61 $ - $ 14,667.61 400217295 Lawney L Rathman Trustee ALDA TWP PT N 1/2 N 1/2 NW 1/4 SE 1/4 12-10-10 9.50 AC $ 3,895.55 $ - $ 3,895.55 400217252 Norman Niel & Shirley Stelk ALDA TWP S 25 AC W 1/2 NW 1/4 12-10-10 25 AC $ 4,015.16 $ - $ 4,015.16 400217260 Norman Niel & Shirley Stelk ALDA TWP W 1/2 SW 1/4 12-10-10 80 AC $ 13,388.36 $ - $ 13,388.36 400217325 Curt & Christine Smith ALDA TWP PT E 1/2 E 1/2 SW 1/4 SE 1/4 12-10-10 9 AC $ 4,171.56 $ - $ 4,171.56 400217368 Curt & Christine Smith ALDA TWP PT SW 1/4 SE 1/4 132' X 300' 12-10-10 1 AC $ 348.04 $ - $ 348.04 400217317 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP PT SW 1/4 SE 1/4 12-10- 10 30 AC $ 13,191.01 $ - $ 13,191.01 400217287 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP SE 1/4 SW 1/4 12-10-10 40 AC $ 7,606.74 $ - $ 7,606.74 Grand Island Council Session - 12/27/2016 Page 23 / 276 - 2 - 400217376 Kirby Kay Smith ALDA TWP PT NE 1/4 NE 1/4 XC 5.57 AC STATE 13-10-10 18.04 AC $ 124,507.34 $ - $ 124,507.34 400389657 Kirby Kay Smith ALDA TWP PT N 1/2 NE 1/4 13-10- 10 59.27 AC $ 127,294.57 $ - $ 127,294.57 400217449 Jan Marie Amundson ALDA TWP AMUNDSON SUB LT 1 $ 770.75 $ - $ 770.75 400217392 K Diane Bockmann Trustee ALDA TWP PT SE 1/4 NE 1/4 13-10- 10 1 AC $ 14,654.01 $ - $ 14,654.01 400217384 K Diane Bockmann Trustee ALDA TWP PT S 1/2 NE 1/4 & PT SE 1/4 XC 13.81 AC STATE 13-10-10 148.75 AC $ 483,464.88 $ - $ 483,464.88 400418924 Bosselman, Inc. ALDA TWP PT E 1/2 SE 1/4 13-10-10 25 AC $ 166,749.95 $ - $ 166,749.95 400217503 Bosselman, Inc. ALDA TWP NE 1/4 SW 1/4 SE 1/4 13-10-10 10 AC $ 11,641.78 $ - $ 11,641.78 400406772 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 2 $ 11,817.47 $ - $ 11,817.47 400406713 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 2 BLK 2 $ 939.23 $ - $ 939.23 400406721 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 3 BLK 2 $ 1,206.57 $ - $ 1,206.57 400406748 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 4 BLK 2 $ 1,243.01 $ - $ 1,243.01 400406756 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 5 BLK 2 $ 1,027.24 $ - $ 1,027.24 400406764 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 6 BLK 2 $ 1,173.89 $ - $ 1,173.89 400406683 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 10 BLK 1 $ 6,852.31 $ - $ 6,852.31 400406675 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 9 BLK 1 $ 6,221.20 $ - $ 6,221.20 400406659 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 8 BLK 1 $ 6,196.72 $ - $ 6,196.72 400406640 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 7 BLK 1 $ 9,860.35 $ - $ 9,860.35 400406691 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 1 $ 272.57 $ - $ 272.57 400406705 Bosselman Pump & Pantry, Inc. ALDA TWP BOSSELVILLE SUB LT 1 BLK 2 $ 1,012.13 $ - $ 1,012.13 400406632 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 2 $ 6,593.41 $ - $ 6,593.41 400406624 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 1 $ 16,672.44 $ - $ 16,672.44 400406616 Bosselman Properties, Inc. c/o Fred A Bosselman ALDA TWP BOSSELVILLE SUB LT 4 BLK 1 $ 6,335.52 $ - $ 6,335.52 400218437 Boss Truck Shops, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 2~ $ 19,629.81 $ - $ 19,629.81 400406608 Bosselman Energy, Inc. c/o Travis Hasselmann Cont. ALDA TWP BOSSELVILLE THIRD SUB LT 3~ $ 38,161.69 $ - $ 38,161.69 400448173 Bosselman Travel Center, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 1~ $ 172,627.14 $ - $ 172,627.14 Grand Island Council Session - 12/27/2016 Page 24 / 276 - 3 - 400217511 Darrell R & Judith I Sutter ALDA TWP NW 1/4 SW 1/4 SE 1/4 & PT SW 1/4 SW 1/4 SE 1/4 13-10-10 10.30 AC $ 11,984.03 $ - $ 11,984.03 400217465 Dale L & Marilyn Bockman ALDA TWP SE 1/4 SW 1/4 13-10-10 40 AC $ 34,360.28 $ - $ 34,360.28 400218445 Dale & Marilyn Bockman ALDA TWP PT LT 2 & ALL LT 3 24-10- 10 100.33 AC $ 87,062.07 $ - $ 87,062.07 400209276 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP XC 2.37 AC HWY SW 1/4 NW 1/4 8-10-9 37.63 AC $ 5,965.52 $ - $ 5,965.52 400209330 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP PT W 1/2 SW 1/4 XC 8.32 AC HWY XC 2.28 AC HWY 8-10-9 67.40 AC $ 12,711.77 $ - $ 12,711.77 400460432 Kenneth Clausen c/o Robert Clausen WASH TWP RIVER SUB LT 1 $ 272.28 $ - $ 272.28 400209322 Robert H Clausen Life Estate, Kenneth Clausen WASHINGTON TWP PT E 1/2 SW 1/4 XC .06 AC HWY & N 16.5' OF NW 1/4 SW 1/4 8-10-9 80.44 AC $ 14,224.16 $ - $ 14,224.16 400209551 Carline A Denman Trustee WASHINGTON TWP XC 2 AC PT NW 1/4 NW 1/4 XC 8.54 AC HWY W 1/2 LT 4 & W 1/2 SW 1/4 NW 1/4 XC .33 AC HWY 17-10-9 70.25 AC $ 282,385.26 $ - $ 282,385.26 400460017 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 100' X 300' 17-10-9 .69 AC $ 18,218.65 $ - $ 18,218.65 400209543 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 & E 1/2 LT 4 & E 1/2 SW 1/4 NW 1/4 17-10-9 84 AC $ 247,769.65 $ - $ 247,769.65 400209535 Kuehner Farms, Inc. c/o D Janssen WASHINGTON TWP PT LT 3 17-10-9 55 AC $ 26,535.29 $ - $ 26,535.29 400210703 Design Flite, Inc. WASHINGTON TWP FIRESIDE INTERSTATE PLAZA SECOND SUB LT 1 $ 22,617.11 $20,887.75 $ 1,729.36 TOTALS: $2,739,238.21 $20,887.75 $2,718,350.46 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the sanitary sewer. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Grand Island Council Session - 12/27/2016 Page 25 / 276 - 4 - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 26 / 276 Approved as to Form ¤ ___________ December 13, 2016 ¤ City Attorney This Space Reserved for Register of Deeds RESOLUTION NO. 2016- BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No. 2016-BE-x shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at time such property becomes connected to the sanitary sewer main. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 530T, such benefits are the sums set opposite the descriptions as follows: Sanitary Sewer District No. 530T - Assessments Parcel # Owner Legal Sub-Total Tap Fee Previously Paid Tap Fee Owed 400217198 Larry J & Karen L Knuth ALDA TWP PT NW 1/4 NE 1/4 12- 10-10 39 AC $ 7,379.12 $ - $ 7,379.12 400217201 Larry J & Karen L Knuth ALDA TWP PT NE 1/4 NW 1/4 NE 1/4 12-10-10 1 AC $ 184.32 $ - $ 184.32 400217244 Jim C & Kathy L Rathman ALDA TWP PT NE 1/4 NW 1/4 12- 10-10 40 AC $ 6,695.75 $ - $ 6,695.75 400495510 Jim C & Kathy L Rathman ALDA TWP SE 1/4 NW 1/4 & NE 1/4 SW 1/4 12-10-10 80 AC $ 15,227.41 $ - $ 15,227.41 400217279 Arthur P & Geraldine Stelk Living Rev Trust ALDA TWP N 55 AC W 1/2 NW 1/4 12-10-10 55 AC $ 9,234.59 $ - $ 9,234.59 400217236 Lawney L Rathman Trustee ALDA TWP XC 5.37 AC STATE SE 1/4 NE 1/4 12-10-10 34.63 AC $ 215,084.34 $ - $ 215,084.34 400217228 Lawney L Rathman Trustee ALDA TWP SW 1/4 NE 1/4 12-10-10 40 AC $ 18,023.81 $ - $ 18,023.81 400217309 Lawney L Rathman Trustee ALDA TWP XC 13.84 AC STATE E 1/2 SE 1/4 12-10-10 66.16 AC $ 405,092.79 $ - $ 405,092.79 Grand Island Council Session - 12/27/2016 Page 27 / 276 RESOLUTION NO. ______ (Cont.) - 2 - 400217341 Lawney L Rathman Trustee ALDA TWP S 30 AC NW 1/4 SE 1/4 2-10-10 30 AC $ 14,667.61 $ - $ 14,667.61 400217295 Lawney L Rathman Trustee ALDA TWP PT N 1/2 N 1/2 NW 1/4 SE 1/4 12-10-10 9.50 AC $ 3,895.55 $ - $ 3,895.55 400217252 Norman Niel & Shirley Stelk ALDA TWP S 25 AC W 1/2 NW 1/4 12-10-10 25 AC $ 4,015.16 $ - $ 4,015.16 400217260 Norman Niel & Shirley Stelk ALDA TWP W 1/2 SW 1/4 12-10-10 80 AC $ 13,388.36 $ - $ 13,388.36 400217325 Curt & Christine Smith ALDA TWP PT E 1/2 E 1/2 SW 1/4 SE 1/4 12-10-10 9 AC $ 4,171.56 $ - $ 4,171.56 400217368 Curt & Christine Smith ALDA TWP PT SW 1/4 SE 1/4 132' X 300' 12-10-10 1 AC $ 348.04 $ - $ 348.04 400217317 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP PT SW 1/4 SE 1/4 12-10- 10 30 AC $ 13,191.01 $ - $ 13,191.01 400217287 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP SE 1/4 SW 1/4 12-10-10 40 AC $ 7,606.74 $ - $ 7,606.74 400217376 Kirby Kay Smith ALDA TWP PT NE 1/4 NE 1/4 XC 5.57 AC STATE 13-10-10 18.04 AC $ 124,507.34 $ - $ 124,507.34 400389657 Kirby Kay Smith ALDA TWP PT N 1/2 NE 1/4 13-10- 10 59.27 AC $ 127,294.57 $ - $ 127,294.57 400217449 Jan Marie Amundson ALDA TWP AMUNDSON SUB LT 1 $ 770.75 $ - $ 770.75 400217392 K Diane Bockmann Trustee ALDA TWP PT SE 1/4 NE 1/4 13-10- 10 1 AC $ 14,654.01 $ - $ 14,654.01 400217384 K Diane Bockmann Trustee ALDA TWP PT S 1/2 NE 1/4 & PT SE 1/4 XC 13.81 AC STATE 13-10-10 148.75 AC $ 483,464.88 $ - $ 483,464.88 400418924 Bosselman, Inc. ALDA TWP PT E 1/2 SE 1/4 13-10-10 25 AC $ 166,749.95 $ - $ 166,749.95 400217503 Bosselman, Inc. ALDA TWP NE 1/4 SW 1/4 SE 1/4 13-10-10 10 AC $ 11,641.78 $ - $ 11,641.78 400406772 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 2 $ 11,817.47 $ - $ 11,817.47 400406713 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 2 BLK 2 $ 939.23 $ - $ 939.23 400406721 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 3 BLK 2 $ 1,206.57 $ - $ 1,206.57 400406748 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 4 BLK 2 $ 1,243.01 $ - $ 1,243.01 400406756 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 5 BLK 2 $ 1,027.24 $ - $ 1,027.24 400406764 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 6 BLK 2 $ 1,173.89 $ - $ 1,173.89 400406683 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 10 BLK 1 $ 6,852.31 $ - $ 6,852.31 400406675 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 9 BLK 1 $ 6,221.20 $ - $ 6,221.20 400406659 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 8 BLK 1 $ 6,196.72 $ - $ 6,196.72 400406640 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 7 BLK 1 $ 9,860.35 $ - $ 9,860.35 Grand Island Council Session - 12/27/2016 Page 28 / 276 RESOLUTION NO. ______ (Cont.) - 3 - 400406691 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 1 $ 272.57 $ - $ 272.57 400406705 Bosselman Pump & Pantry, Inc. ALDA TWP BOSSELVILLE SUB LT 1 BLK 2 $ 1,012.13 $ - $ 1,012.13 400406632 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 2 $ 6,593.41 $ - $ 6,593.41 400406624 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 1 $ 16,672.44 $ - $ 16,672.44 400406616 Bosselman Properties, Inc. c/o Fred A Bosselman ALDA TWP BOSSELVILLE SUB LT 4 BLK 1 $ 6,335.52 $ - $ 6,335.52 400218437 Boss Truck Shops, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 2~ $ 19,629.81 $ - $ 19,629.81 400406608 Bosselman Energy, Inc. c/o Travis Hasselmann Cont. ALDA TWP BOSSELVILLE THIRD SUB LT 3~ $ 38,161.69 $ - $ 38,161.69 400448173 Bosselman Travel Center, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 1~ $ 172,627.14 $ - $ 172,627.14 400217511 Darrell R & Judith I Sutter ALDA TWP NW 1/4 SW 1/4 SE 1/4 & PT SW 1/4 SW 1/4 SE 1/4 13-10-10 10.30 AC $ 11,984.03 $ - $ 11,984.03 400217465 Dale L & Marilyn Bockman ALDA TWP SE 1/4 SW 1/4 13-10-10 40 AC $ 34,360.28 $ - $ 34,360.28 400218445 Dale & Marilyn Bockman ALDA TWP PT LT 2 & ALL LT 3 24- 10-10 100.33 AC $ 87,062.07 $ - $ 87,062.07 400209276 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP XC 2.37 AC HWY SW 1/4 NW 1/4 8-10-9 37.63 AC $ 5,965.52 $ - $ 5,965.52 400209330 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP PT W 1/2 SW 1/4 XC 8.32 AC HWY XC 2.28 AC HWY 8-10-9 67.40 AC $ 12,711.77 $ - $ 12,711.77 400460432 Kenneth Clausen c/o Robert Clausen WASH TWP RIVER SUB LT 1 $ 272.28 $ - $ 272.28 400209322 Robert H Clausen Life Estate, Kenneth Clausen WASHINGTON TWP PT E 1/2 SW 1/4 XC .06 AC HWY & N 16.5' OF NW 1/4 SW 1/4 8-10-9 80.44 AC $ 14,224.16 $ - $ 14,224.16 400209551 Carline A Denman Trustee WASHINGTON TWP XC 2 AC PT NW 1/4 NW 1/4 XC 8.54 AC HWY W 1/2 LT 4 & W 1/2 SW 1/4 NW 1/4 XC .33 AC HWY 17-10-9 70.25 AC $ 282,385.26 $ - $ 282,385.26 400460017 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 100' X 300' 17-10-9 .69 AC $ 18,218.65 $ - $ 18,218.65 400209543 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 & E 1/2 LT 4 & E 1/2 SW 1/4 NW 1/4 17-10-9 84 AC $ 247,769.65 $ - $ 247,769.65 400209535 Kuehner Farms, Inc. c/o D Janssen WASHINGTON TWP PT LT 3 17-10-9 55 AC $ 26,535.29 $ - $ 26,535.29 400210703 Design Flite, Inc. WASHINGTON TWP FIRESIDE INTERSTATE PLAZA SECOND SUB LT 1 $ 22,617.12 $20,887.75 $ 1,729.37 TOTALS: $2,739,238.22 $20,887.75 $2,718,350.47 --- Grand Island Council Session - 12/27/2016 Page 29 / 276 RESOLUTION NO. ______ (Cont.) - 4 - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 30 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney This Space Reserved for Register of Deeds RESOLUTION NO. 2016-BE-8 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No. 2016-BE-8 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island prior to the time such property becomes connected to the sanitary sewer main. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 530T, such benefits are the sums set opposite the descriptions as follows: Sanitary Sewer District No. 530T - Assessments Parcel #Owner Legal Sub-Total Tap Fee Previously Paid Tap Fee Owed 400217198 Larry J & Karen L Knuth ALDA TWP PT NW 1/4 NE 1/4 12- 10-10 39 AC $ 7,379.12 $ - $ 7,379.12 400217201 Larry J & Karen L Knuth ALDA TWP PT NE 1/4 NW 1/4 NE 1/4 12-10-10 1 AC $ 184.32 $ - $ 184.32 400217244 Jim C & Kathy L Rathman ALDA TWP PT NE 1/4 NW 1/4 12- 10-10 40 AC $ 6,695.75 $ - $ 6,695.75 400495510 Jim C & Kathy L Rathman ALDA TWP SE 1/4 NW 1/4 & NE 1/4 SW 1/4 12-10-10 80 AC $ 15,227.41 $ - $ 15,227.41 400217279 Arthur P & Geraldine Stelk Living Rev Trust ALDA TWP N 55 AC W 1/2 NW 1/4 12-10-10 55 AC $ 9,234.59 $ - $ 9,234.59 400217236 Lawney L Rathman Trustee ALDA TWP XC 5.37 AC STATE SE 1/4 NE 1/4 12-10-10 34.63 AC $ 215,084.34 $ - $ 215,084.34 400217228 Lawney L Rathman Trustee ALDA TWP SW 1/4 NE 1/4 12-10-10 40 AC $ 18,023.81 $ - $ 18,023.81 400217309 Lawney L Rathman Trustee ALDA TWP XC 13.84 AC STATE E 1/2 SE 1/4 12-10-10 66.16 AC $ 405,092.79 $ - $ 405,092.79 Grand Island Council Session - 12/27/2016 Page 31 / 276 RESOLUTION NO. 2016-BE-8 (Cont.) - 2 - 400217341 Lawney L Rathman Trustee ALDA TWP S 30 AC NW 1/4 SE 1/4 2- 10-10 30 AC $ 14,667.61 $ - $ 14,667.61 400217295 Lawney L Rathman Trustee ALDA TWP PT N 1/2 N 1/2 NW 1/4 SE 1/4 12-10-10 9.50 AC $ 3,895.55 $ - $ 3,895.55 400217252 Norman Niel & Shirley Stelk ALDA TWP S 25 AC W 1/2 NW 1/4 12-10-10 25 AC $ 4,015.16 $ - $ 4,015.16 400217260 Norman Niel & Shirley Stelk ALDA TWP W 1/2 SW 1/4 12-10-10 80 AC $ 13,388.36 $ - $ 13,388.36 400217325 Curt & Christine Smith ALDA TWP PT E 1/2 E 1/2 SW 1/4 SE 1/4 12-10-10 9 AC $ 4,171.56 $ - $ 4,171.56 400217368 Curt & Christine Smith ALDA TWP PT SW 1/4 SE 1/4 132' X 300' 12-10-10 1 AC $ 348.04 $ - $ 348.04 400217317 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP PT SW 1/4 SE 1/4 12-10- 10 30 AC $ 13,191.01 $ - $ 13,191.01 400217287 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP SE 1/4 SW 1/4 12-10-10 40 AC $ 7,606.74 $ - $ 7,606.74 400217376 Kirby Kay Smith ALDA TWP PT NE 1/4 NE 1/4 XC 5.57 AC STATE 13-10-10 18.04 AC $ 124,507.34 $ - $ 124,507.34 400389657 Kirby Kay Smith ALDA TWP PT N 1/2 NE 1/4 13-10-10 59.27 AC $ 127,294.57 $ - $ 127,294.57 400217449 Jan Marie Amundson ALDA TWP AMUNDSON SUB LT 1 $ 770.75 $ - $ 770.75 400217392 K Diane Bockmann Trustee ALDA TWP PT SE 1/4 NE 1/4 13-10- 10 1 AC $ 14,654.01 $ - $ 14,654.01 400217384 K Diane Bockmann Trustee ALDA TWP PT S 1/2 NE 1/4 & PT SE 1/4 XC 13.81 AC STATE 13-10-10 148.75 AC $ 483,464.88 $ - $ 483,464.88 400418924 Bosselman, Inc. ALDA TWP PT E 1/2 SE 1/4 13-10-10 25 AC $ 166,749.95 $ - $ 166,749.95 400217503 Bosselman, Inc. ALDA TWP NE 1/4 SW 1/4 SE 1/4 13- 10-10 10 AC $ 11,641.78 $ - $ 11,641.78 400406772 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 2 $ 11,817.47 $ - $ 11,817.47 400406713 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 2 BLK 2 $ 939.23 $ - $ 939.23 400406721 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 3 BLK 2 $ 1,206.57 $ - $ 1,206.57 400406748 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 4 BLK 2 $ 1,243.01 $ - $ 1,243.01 400406756 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 5 BLK 2 $ 1,027.24 $ - $ 1,027.24 400406764 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 6 BLK 2 $ 1,173.89 $ - $ 1,173.89 400406683 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 10 BLK 1 $ 6,852.31 $ - $ 6,852.31 400406675 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 9 BLK 1 $ 6,221.20 $ - $ 6,221.20 400406659 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 8 BLK 1 $ 6,196.72 $ - $ 6,196.72 400406640 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 7 BLK 1 $ 9,860.35 $ - $ 9,860.35 Grand Island Council Session - 12/27/2016 Page 32 / 276 RESOLUTION NO. 2016-BE-8 (Cont.) - 3 - 400406691 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 1 $ 272.57 $ - $ 272.57 400406705 Bosselman Pump & Pantry, Inc. ALDA TWP BOSSELVILLE SUB LT 1 BLK 2 $ 1,012.13 $ - $ 1,012.13 400406632 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 2 $ 6,593.41 $ - $ 6,593.41 400406624 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 1 $ 16,672.44 $ - $ 16,672.44 400406616 Bosselman Properties, Inc. c/o Fred A Bosselman ALDA TWP BOSSELVILLE SUB LT 4 BLK 1 $ 6,335.52 $ - $ 6,335.52 400218437 Boss Truck Shops, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 2~ $ 19,629.81 $ - $ 19,629.81 400406608 Bosselman Energy, Inc. c/o Travis Hasselmann Cont. ALDA TWP BOSSELVILLE THIRD SUB LT 3~ $ 38,161.69 $ - $ 38,161.69 400448173 Bosselman Travel Center, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 1~ $ 172,627.14 $ - $ 172,627.14 400217511 Darrell R & Judith I Sutter ALDA TWP NW 1/4 SW 1/4 SE 1/4 & PT SW 1/4 SW 1/4 SE 1/4 13-10-10 10.30 AC $ 11,984.03 $ - $ 11,984.03 400217465 Dale L & Marilyn Bockman ALDA TWP SE 1/4 SW 1/4 13-10-10 40 AC $ 34,360.28 $ - $ 34,360.28 400218445 Dale & Marilyn Bockman ALDA TWP PT LT 2 & ALL LT 3 24-10- 10 100.33 AC $ 87,062.07 $ - $ 87,062.07 400209276 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP XC 2.37 AC HWY SW 1/4 NW 1/4 8-10-9 37.63 AC $ 5,965.52 $ - $ 5,965.52 400209330 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP PT W 1/2 SW 1/4 XC 8.32 AC HWY XC 2.28 AC HWY 8-10-9 67.40 AC $ 12,711.77 $ - $ 12,711.77 400460432 Kenneth Clausen c/o Robert Clausen WASH TWP RIVER SUB LT 1 $ 272.28 $ - $ 272.28 400209322 Robert H Clausen Life Estate, Kenneth Clausen WASHINGTON TWP PT E 1/2 SW 1/4 XC .06 AC HWY & N 16.5' OF NW 1/4 SW 1/4 8-10-9 80.44 AC $ 14,224.16 $ - $ 14,224.16 400209551 Carline A Denman Trustee WASHINGTON TWP XC 2 AC PT NW 1/4 NW 1/4 XC 8.54 AC HWY W 1/2 LT 4 & W 1/2 SW 1/4 NW 1/4 XC .33 AC HWY 17-10-9 70.25 AC $ 282,385.26 $ - $ 282,385.26 400460017 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 100' X 300' 17-10-9 .69 AC $ 18,218.65 $ - $ 18,218.65 400209543 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 & E 1/2 LT 4 & E 1/2 SW 1/4 NW 1/4 17-10-9 84 AC $ 247,769.65 $ - $ 247,769.65 400209535 Kuehner Farms, Inc. c/o D Janssen WASHINGTON TWP PT LT 3 17-10-9 55 AC $ 26,535.29 $ - $ 26,535.29 400210703 Design Flite, Inc. WASHINGTON TWP FIRESIDE INTERSTATE PLAZA SECOND SUB LT 1 $ 22,617.12 $20,887.75 $ 1,729.37 TOTALS: $2,739,238.22 $20,887.75 $2,718,350.47 --- Grand Island Council Session - 12/27/2016 Page 33 / 276 RESOLUTION NO. 2016-BE-8 (Cont.) - 4 - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 34 / 276 Grand Island Council Session - 12/27/2016 Page 35 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item E-1 Public Hearing on Request from Viaero Wireless for a Conditional Use Permit to allow for a 55’ Telecommunication Tower located at 2485 N. Diers Avenue Council action will take place under Requests and Referrals item H-1. Staff Contact: Craig Lewis Grand Island Council Session - 12/27/2016 Page 36 / 276 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:December 27, 2016 Subject:Request of Chris Riha, representing Viaero Wireless for approval of a Condition Use Permit to Construct a Telecommunication Tower at 2485 N. Diers Avenue Presenter(s):Craig Lewis, Building Department Director Background This is a request to allow for the construction of a 50 foot monopole telecommunication tower with a 5 foot dish antenna for a total height of 55 feet at 2485 N. Diers Ave. The property is currently zoned B-2 General Business, the Grand Island Zoning Code requires that all telecommunication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City Code specifies eight items to be submitted with the application for a tower development permit, all of those items have been submitted, with the exception of; 1). the engineering of the tower and foundation design, and, 2). a building permit application for the proposed tower. It appears reasonable to delay the submittal of these two items until after the City Council has approved the location. At the time of a request for a building permit then the engineering for the construction needs to be submitted before a building permit would be issued. Information attesting to a diligent effort to collocate with any tower within a one mile radius has been submitted by the applicant. There are four tower locations within the one mile radius; 3721 W. Hwy #2 150’ tower, 3532 N .Diers Ave. radio station tower not recorded, 3690 W. State Fire Station #4 60’ tower, Grand Island Council Session - 12/27/2016 Page 37 / 276 3644 W. 13th 180’ tower. None of the existing towers appear to provide adequate colocation possibilities. The location of this proposal does not appear to create any negative impact on the neighboring properties. The proposal is to facilitate a retail store proposed to be constructed on this site. Section 36-177 addresses landscaping for tower sites and states that all tracts on which towers are located shall be subject to landscape requirements of the City code, landscaping requirements will be enforced with the construction of the retail facility. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a conditional use permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the conditional use permit, finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the conditional use to meet the wishes of the Council 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue. Recommendation City Staff recommends that the Council approve the request for a conditional use permit to construct this 55 foot telecommunication tower, finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 12/27/2016 Page 38 / 276 Grand Island Council Session - 12/27/2016 Page 39 / 276 Grand Island Council Session - 12/27/2016 Page 40 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 588 S. Stuhr Road - Hoppe Inc. Council action will take place under Consent Agenda item G-10. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 12/27/2016 Page 41 / 276 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 27, 2016 Subject:Acquisition of Utility Easement – 588 S. Stuhr Road – Hoppe, Inc. 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 Hoppe, Inc., located through a part of Lot One (1), East Park on Stuhr Subdivision, in the City of Grand Island, Hall County, Nebraska (588 S. Stuhr Road), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The final phase of the apartment complex located at 588 S. Stuhr Road is currently in progress. The development includes seven new buildings with a total of 88 units. The proposed easement will permit the Utilities Department to install, operate, and maintain the high voltage power lines and transformer necessary to serve the area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 12/27/2016 Page 42 / 276 Grand IslandCouncil Session - 12/27/2016Page 43 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item E-3 Public Hearing on One & Six Year Street Improvement Plan Council action will take place under Resolutions item I-1. Staff Contact: John Collins PE - Public Works Director Grand Island Council Session - 12/27/2016 Page 44 / 276 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:December 27, 2016 Subject:Approval of the One & Six Year Street Improvement Plan Presenter(s):John Collins PE, Public Works Director Background The One & Six Year Street Improvement Plan consists of the transportation projects in the Capital Improvement Program and is mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The Public Works Department develops this program through a process to prioritize street projects taking into consideration many factors such as: Availability of funds Condition of the street Traffic counts Eligibility for State/Federal funds Redevelopment patterns Public/Council input The City engages in a public process to ensure public input into the policy making process. The proposed One & Six Year Street Improvement Plan is a result of the following steps: Wednesday, December 7, 2016 – Regional Planning Commission will conduct a Public Hearing and forwarded the recommendation to the City Council Tuesday, December 27, 2016 – City Council passes a Resolution adopting the plan March 1, 2016 – One & Six Year Street Improvement Plan due at the Nebraska Department of Roads Discussion A Public Hearing was conducted with testimony received and discussion held on the One & Six Year Street Improvement Plan at the Grand Island/Hall County Regional Planning Commission meeting on December 7, 2016. The commission forwarded the One & Six Year Street Improvement Plan to the City Council with a recommendation for approval. Grand Island Council Session - 12/27/2016 Page 45 / 276 The projects listed in the One & Six Year Plan for calendar year 2017 are considered definite projects. These projects were in the approved fiscal year 2017 budget. Many of the projects listed in the One & Six Year Plan for 2018 through 2022 are included in the City’s budget, but are subject to schedule changes depending upon coordination and approval of State and Federal funding. 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 One & Six Year Street Improvement Plan. Sample Motion Move to approve the One & Six Year Street Improvement Plan. Grand Island Council Session - 12/27/2016 Page 46 / 276 Grand Island Council Session - 12/27/2016 Page 47 / 276 Grand Island Council Session - 12/27/2016 Page 48 / 276 PUBLIC WORKS Presented by: John Collins, PE 1 & 6 YEAR STREET IMPROVEMENT PLAN 2017-2022 Grand Island Council Session - 12/27/2016 Page 49 / 276 PUBLIC WORKS 2016 SUBSTANTIALLY COMPLETE PROJECTS (FROM 1 & 6 STREET IMPROVEMENT PLAN) **DOES NOT INCLUDE ALL CIP PROJECTS PROJECT TOTAL PROJECT Capital Avenue Widening; Webb Rd to Broadwell Ave $ 10,166,000 Blaine St Bridge Replacement $ 500,000 Sky Park Rd & Airport Rd Intersection Improvements $ 10,000 Local Resurfacing; includes 1st & 2nd St (Hwy 30) $ 956,000 Waugh St Realignment $ 135,000 Jefferson St Paving $ 300,000 State Fair Blvd & S Locust St Traffic Signal Relocation $ 51,000 Pavement Lifting & Stabilization on S Locust St $ 250,000 Pavement Condition Survey $ 200,000 TOTAL $ 12,568,000 Grand Island Council Session - 12/27/2016 Page 50 / 276 1 & 6 YEAR STREET IMPROVEMENT PLAN (NOTES CITY COSTS) **DOES NOT INCLUDE ALL CIP PROJECTS 2017 2018 2019 2020 2021 2022 OBLIGATED TO OTHER AGENCIES 4th St & 5th St; Sycamore St to Eddy St ADA Ramps (4th St CDBG) $ 165,000 Adams St Widening, Roundabout & Traffic Signal Installation $ 1,000,000 Hwy 281 in GI & North [$10,600,000 total project cost] $ 1,900,000 $ 100,000 Broadwell Ave - Hwy 281 to End Concrete Reconstruction $ 1,800,000 Stolley Park Rd Rehabilitation / Reconfiguration $ 13,000 $ 150,000 Hwy 30 Realignment, S-30-4(1046) - City Share Est. $10M $ 1,000,000 $ 1,000,000 Hwy 2 Resurfacing NDOR, NH-2-4(112) - City Share Est. $600K $ 600,000 Moores Creek Drain Extension $ 70,000 $ 580,000 $ 400,000 $ 150,000 RECONSTRUCTION/NEW CONSTRUCTION Asphalt Resurfacing (annual) $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 900,000 Sycamore Underpass Rehabilitation - Design $ 80,000 $ 800,000 Five Points Traffic Signal Improvement $ 350,000 Sterling Estates Paving District No. 1262 $ 300,000 Sycamore Underpass Storm Pump Replacement $ 60,000 South Front St Bridge Rehab - Deck Replacement $ 800,000 Sycamore Underpass Retaining Wall Rehabilitation $ 800,000 TOTAL $ 4,778,000 $ 4,390,000 $ 2,900,000 $ 2,650,000 $ 1,900,000 $ 900,000 Grand Island Council Session - 12/27/2016 Page 51 / 276 PUBLIC WORKS 4TH STREET & 5TH STREET; EDDY STREET TO SYCAMORE STREET HANDICAP RAMP INSTALLATION M-310 (628) $800,000 Community Development Block Grant (CDBG) with 50% city match to install handicap ramps. Construction occurred in 2015 & 2016, with completion scheduled for 2017 Grand Island Council Session - 12/27/2016 Page 52 / 276 PUBLIC WORKS SYCAMORE UNDERPASS REHAB - DESIGN M-310 (631)A Design to rehabilitate the bridge deck and retaining walls Construction should be completed in 2019 Grand Island Council Session - 12/27/2016 Page 53 / 276 Grand Island Council Session - 12/27/2016 Page 54 / 276 PUBLIC WORKS ADAMS STREET WIDENING & INTERSECTION IMPROVEMENTS M-310 (638) Widen roadway and improve intersection to align with new school entrance Relocate traffic signal from Barr Middle School Stolley Park Road entrance to Adams Street Grand Island Council Session - 12/27/2016 Page 55 / 276 PUBLIC WORKS STOLLEY PARK ROAD RECONFIGURATION M-310 (584) Restriping for new lane designations from two lane to three and five lane sections. Pavement repairs and/or increased pavement structure to accommodate truck traffic. Grand Island Council Session - 12/27/2016 Page 56 / 276 Grand Island Council Session - 12/27/2016 Page 57 / 276 PUBLIC WORKS LOCAL RESURFACING M-310 (635) Maintenance only will be performed on the majority of the section, however areas may require more than maintenance as the project moves forward Grand Island Council Session - 12/27/2016 Page 58 / 276 PUBLIC WORKS HWY 281 IN GI & NORTH – NDOR, NH-HSIP-281-2(127) M-310 (623)A Resurfacing US Hwy 281 from south of US Hwy 30 to north of Chapman Road City cost sharing on the portion within City limits Additional lighting Increase left turn lane offsets NB @ Old Potash Hwy, Faidley Ave, 13th St, and State St SB @ Old Potash Hwy Grand Island Council Session - 12/27/2016 Page 59 / 276 PUBLIC WORKS BROADWELL AVE – HWY 281 TO END CONCRETE RECONSTRUCTION M-310 (623)B Lighting and reconstruction Grand Island Council Session - 12/27/2016 Page 60 / 276 Grand Island Council Session - 12/27/2016 Page 61 / 276 PUBLIC WORKS FIVE POINTS TRAFFIC SIGNAL IMPROVEMENT M-310 (643) Improve traffic signalization & signage at the intersection to accommodate the redevelopment of the area and bring the intersection into compliance with MUTCD requirements Grand Island Council Session - 12/27/2016 Page 62 / 276 Grand Island Council Session - 12/27/2016 Page 63 / 276 PUBLIC WORKS STERLING ESTATES PAVING DISTRICT NO. 1262 M-310 (630) Pave roadway to allow for access to Sterling Estates Park Provide parking for Sterling Estates Park Grand Island Council Session - 12/27/2016 Page 64 / 276 Grand Island Council Session - 12/27/2016 Page 65 / 276 PUBLIC WORKS Moores Creek Drain Extension M-310 (568) Phase I Survey route, preliminary design Phase II Final design to coincide with Highway 30 final design, appraisals, and easement acquisitions Phase III Complete acquisition of easements Phase IV Install culverts under existing City roads where ditch is in conflict Grand Island Council Session - 12/27/2016 Page 66 / 276 Grand Island Council Session - 12/27/2016 Page 67 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item F-1 #9617 - Consideration of Approving Assessments for Sanitary Sewer District No. 528 This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 68 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9617 An ordinance to assess and levy a special tax to pay the cost of construction of Sanitary Sewer District No. 528 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said sanitary sewer in said Sanitary Sewer District No. 528, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and lands as follows: Sanitary Sewer District No. 528 - Assessments Parcel #Owner Legal Totals Connection Fee Previously Paid Assessment Owed 400215985 Robin Stauffer Trustee Alda Twp PT SE1/4 NE1/4 & PT E1/2 SE1/4 1-10-10 87.48 ac $142,268.74 $ - $ 142,268.74 400215977 Daniel P & Susan M Springer Stauffer Sub Lot 2 5.03 ac $ 42,157.68 $ - $ 42,157.68 400219298 Robco LLC, c/o Cody Wray Lots 1, Wildwood Sub $ 35,368.98 $ 2,003.13 $ 33,365.85 400219298 Robco LLC, c/o Cody Wray Lots 2, Wildwood Sub $ 8,637.09 $ - $ 8,637.09 400219298 Robco, LLC, c/o Cody Wray Lots 3, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219433 Robco, LLC Lot 14, Wildwood Sub $ 22,039.20 $ - $ 22,039.20 400219441 Robco, LLC Lot 15, Wildwood Sub $ 43,940.84 $ - $ 43,940.84 400219336 Rich & Sons Camper Sales of GI Lot 4, Wildwood Sub $ 22,006.06 $ 5,936.25 $ 16,069.81 400219360 Rich & Sons Camper Sales of GI Lot 7, Wildwood Sub $ 22,003.04 $ - $ 22,003.04 400219417 Rich & Sons Camper Sales of GI Lot 12, Wildwood Sub $ 22,093.03 $ - $ 22,093.03 400219425 Rich & Sons Camper Sales of GI Lot 13, Wildwood Sub $ 22,007.23 $ - $ 22,007.23 400219352 Rich & Sons Camper Sales of GI Lot 1, Hiser Sub $ 44,006.07 $ - $ 44,006.07 Grand Island Council Session - 12/27/2016 Page 69 / 276 RESOLUTION NO. 9617 (Cont.) - 2 - 400219379 BBRE Partnership Lot 8, Wildwood Sub $ 26,414.64 $ - $ 26,414.64 400219387 BBRE Partnership Lot 9, Wildwood Sub $ 26,104.07 $ - $ 26,104.07 400219395 BBRE Partnership Lot 10, Wildwood Sub $ 22,142.26 $ - $ 22,142.26 400219409 BBRE Partnership Lot 11, Wildwood Sub $ 22,046.93 $ - $ 22,046.93 400219468 JPK & CMA Enterprises, Inc.Lot 1, Wildwood Second Sub $ 47,328.12 $ - $ 47,328.12 400219476 GMS Enterprises, Inc.Lot 2, Wildwood Second Sub $ 42,820.68 $ - $ 42,820.68 400219484 Central Cooperatives Nonstock Transport Co.Lot 18, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219492 Central Cooperatives Nonstock Transport Co.Lot 19, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219506 Central Cooperatives Nonstock Transport Co.Lot 20, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc.Lot 21, Wildwood Sub $ 22,537.20 $ - $ 22,537.20 400219522 Nebraska Transport Co., Inc.Lot 22, Wildwood Sub $ 69,159.31 $ - $ 69,159.31 400219530 Amercian Freightways, Inc. Lot 23, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc.Lot 24, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219530 American Freightways, Inc.Lot 25, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 26, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Lot 27, Wildwood Sub $ 23,719.25 $ - $ 23,719.25 400219549 Man Properties, LLC Misc Tracts 12-10-10 PT NE 1/4, NE 1/4 1.63 ac $ 51,707.94 $ - $ 51,707.94 Totals $ 965,000.00 $ 7,939.38 $ 957,060.62 SECTION 2. The special tax shall become delinquent as follows: one-tenth of the total amount shall become delinquent in fifty (50) days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land my be paid within fifty days from the date of the levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at rate of fourteen percent (14%) per annum shall be paid thereof, until the same is collected and paid. Grand Island Council Session - 12/27/2016 Page 70 / 276 RESOLUTION NO. 9617 (Cont.) - 3 - SECTION 3. The Treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provide by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Sanitary Sewer District No. 528”. SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: December 27, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 71 / 276 Grand Island Council Session - 12/27/2016 Page 72 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-1 Approving Minutes of December 13, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 12/27/2016 Page 73 / 276 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 13, 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 December 13, 2016. Notice of the meeting was given in The Grand Island Independent on December 7, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Myah Mattke. INVOCATION was given by Pastor Nathan Frew, Abundant Life Christian Center, 3411 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: Recognition of Grand Island Wastewater Division Awards at Fall Conference. Mayor Jensen and the City Council recognized the Grand Island Wastewater Division for receiving the Nebraska Water Environmental Association (NWEA) Scott Wilbur Outstanding Facility Award, Scott Wilbur Large Facility Best in Class Award, Scott Wilbur Innovative Award, and the Silver Safety Award during the 2016 American Public Works Association (APWA), Nebraska Water Environment Association (NWEA), and American Water Works Association (AWWA) Fall Conference. Wastewater Treatment Plant Supervisor Marvin Strong was present to explain the awards. Approving Minutes of November 22, 2016 City Council Regular Meeting. Motion by Donaldson, second by Hehnke to approve the minutes of the November 22, 2016 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 6, 2016 City Council Study Session. Motion by Paulick, second by Minton to approve the minutes of the December 6, 2016 City Council Study Session. Upon roll call vote, all voted aye. Motion adopted. Acceptance of Election Certificate: Motion by Donaldson, second by Nickerson to accept the Election Certificate for the November 8, 2016 General Election. Upon roll call vote, all voted aye. Motion adopted. Administration of Oath to Re-Elected Councilmembers: City Clerk RaNae Edwards administered the Oath of Office to re-elected Councilmembers Jeremy Jones – Ward 1, Mark Stelk – Ward 2, Julie Hehnke – Ward 3, Mike Paulick – Ward 4, and Chuck Haase – Ward 5. Grand Island Council Session - 12/27/2016 Page 74 / 276 Page 2, City Council Regular Meeting, December 13, 2016 Comments by Re-Elected Officials: Councilmember’s Jeremy Jones, Mark Stelk, Julie Hehnke, Mike Paulick, and Chuck Haase commented on the upcoming year and balancing next year’s budget, the opportunity to serve another four years, and thanked the support of the community. Election of City Council President: Mayor Jeremy Jensen reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk prepared and distributed ballots. Councilmember Haase nominated Councilmember Minton. Councilmember Hehnke nominated Councilmember Donaldson. Motion by Paulick, second by Stelk to close the nominations for Council President. Upon roll call vote, all voted aye. Motion adopted. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Minton had received 5 votes and Councilmember Donaldson had received 5 votes. Upon the second ballot, Councilmember Minton received 6 votes and Councilmember Donaldson received 4 votes. Mayor Jensen declared Councilmember Minton the new Council President for 2017. Motion by Haase, second by Stelk for unanimous support for Councilmember Minton as Council President for 2017. Upon roll call vote, all voted aye. Motion adopted. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement located at 3820 Warbler Road (JoAnn K. Oseka). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3820 Warbler Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to continue to have the right to operate and maintain the electrical infrastructure as it presently exists. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 235 Roberts Street (Steve Nd Beckie Glause). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 235 Roberts Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, operate, and maintain the pad-mounted transformer and high voltage power lines necessary to serve the Verizon Wireless facility. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 163 “A” Road (Galen and Tamera Gerdes). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located Grand Island Council Session - 12/27/2016 Page 75 / 276 Page 3, City Council Regular Meeting, December 13, 2016 at 163 “A” Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, operate, and maintain the high voltage power lines and transformer necessary to serve the new home in rural Merrick County. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9615 - Consideration of Amending the Salary Ordinance #9616 - Consideration of Amending Grand Island City Code Chapter 17-35, Disposal by Unlicensed Person be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9615 - Consideration of Amending the Salary Ordinance Human Resources Director Aaron Schmid reported that Ordinance #9615 would reclassify the non-union position of GIS Coordinator-PW from non-exempt to exempt. The pay scale would remain unchanged. Discussion was held regarding comparing this position with other cities. Motion by Stelk, second by Fitzke to approve Ordinance #9615. City Clerk: Ordinance #9615 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 #9615 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 #9615 is declared to be lawfully adopted upon publication as required by law. #9616 - Consideration of Amending Grand Island City Code Chapter 17-35, Disposal by Unlicensed Person Police Chief Robert Falldorf reported that Ordinance #9616 would change the Grand Island City Code Section 17-35 with regards to disposal of waste at the City disposal facilities by unlicensed persons to assist with effective enforcement and clarify vague language. Comments were made regarding enforcement. Grand Island Council Session - 12/27/2016 Page 76 / 276 Page 4, City Council Regular Meeting, December 13, 2016 Motion by Haase, second by Hehnke to approve Ordinance #9616. City Clerk: Ordinance #9616 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 #9616 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 #9616 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-9 and G-13 (Resolution #2016-300 and #2016- 304) were pulled for further discussion. Motion by Jones, second by Stelk to approve the Consent Agenda excluding items G-9 and G-13. Upon roll call vote, all voted aye. Motion adopted. #2016-292 - Approving Acquisition of Utility Easement - 3820 Warbler Road (JoAnn K. Oseka). #2016-293 - Approving Acquisition of Utility Easement - 235 Roberts Street (Steve and Beckie Glause). #2016-294 - Approving Acquisition of Utility Easement - 163 "A" Road - 1/2 Mile East of Gunbarrel Road (Galen and Tamera Gerdes). #2016-295 - Approving Bid Award for Auxiliary Boiler Re-Tube at Platte Generating Station with Rasmussen Mechanical Services, Inc. of Council Bluffs, Iowa in an Amount of $310,309.00. #2016-296 - Approving Bid Award for Gas Turbine #3 Bearing Replacement with General Electric International, Inc. of Omaha, Nebraska in an Amount of $87,848.07. #2016-297 - Approving ARC Flash Hazard Analysis - 2017 at Platte Generating Station and Burdick Station with JEO Consulting Group of Norfolk, Nebraska in an Amount of $29,171.00. #2016-298 - Approving Bid Award for Control Room HVAC at Platte Generating Station with Rutts Heating and AC, Inc. of Hastings, Nebraska in an Amount of $309,348.00. #2016-299 - Approving Certificate of Final Completion for Water Main Project 2015-W-1 - Pine Street at the UP Tracks with Van Kirk Brothers Contracting of Sutton, Nebraska. #2016-300 - Approving Lease Purchase of Three (3) Heavy Duty Tractors for the Streets Division of the Public Works Department with Titan Machinery of Grand Island, Nebraska in an Amount of $260,426.12. Public Works Director John Collins reported that proposals had been Grand Island Council Session - 12/27/2016 Page 77 / 276 Page 5, City Council Regular Meeting, December 13, 2016 received for three heavy duty tractors. Comments were made by Council regarding the cost. Public Works Superintendent Shannon Callahan answered questions regarding the cost and maintenance. She stated that by buying three tractors at one time there was a cost savings. She also commented on the ag market and that next year these tractors would cost more. Motion by Paulick, second by Steele to deny Resolution #2016-300. Upon roll call vote, Councilmembers Paulick, Hehnke, and Stelk voted aye. Councilmembers Steele, Minton, Fitzke, Donaldson, Haase, Jones, and Nickerson voted no. Motion failed. Motion by Minton, second by Nickerson to approve Resolution #2016-300. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. #2016-301 - Approving Amendment to Maintenance Services for Supervisory Control and Data Acquisition (SCADA) Programming at the Wastewater Treatment Plant with Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska in an Amount of $18,910.07 and startup costs not to exceed $6,295.00. #2016-302 - Approving Award of Sanitary Sewer Collection System Mobile Flow Meters for the Wastewater Division of the Public Works Department from the Minnesota State bid from gpm of Blair, Nebraska in an Amount of $19,802.00. #2016-303 - Approving Bid Award for Adams Street Paving Project No. 2016-P-2 with The Diamond Engineering Co. of Grand Island, Nebraska in an Amount of $1,050,993.15. #2016-304 - Approving CDBG Contract #2016-4 with Downtown Business Improvement District for Small Business Rental Assistance Program. Community Development Specialist Charley Falmlen explained the Small Business Rental Assistance program. Discussion was held regarding the process of the CDBG contract and what it covered. Ms. Falmlen stated that the rental assistance would be made available to qualifying businesses in Blighted and Substandard Area #1, which included the Downtown Business Improvement District. Motion by Nickerson, second by Donaldson to approve Resolution #2016-304. Upon roll call vote, all voted aye. Motion adopted. #2016-305 - Approving CDBG Contract #2016-6 with Grand Island Habitat for Humanity for Lot Acquisition Support. #2016-306 - Approving Bid Award for the Furnishing and Installation of a New Restroom/Concession Building for the Veteran's Athletic Soccer Field with Mid Plains Construction Company of Grand Island, Nebraska in an Amount of $239,750.00. REQUESTS AND REFERRALS: Consideration of Forwarding Blighted and Substandard Area #20 (Pat O’Neill - O’Neill Wood Resources) to the Hall County Regional Planning Commission. Regional Planning Director Chad Grand Island Council Session - 12/27/2016 Page 78 / 276 Page 6, City Council Regular Meeting, December 13, 2016 Nabity reported that Pat O’Neill – O’Neill Wood Resources had submitted a Blighted and Substandard Study for an area west of Grand Island at the Cornhusker Army Ammunition Plant. Mr. O’Neill has an existing business (O’Neill Transportation and Equipment) on the site and would proceed with further development of the property if the area could be declared blighted and substandard. Ron Depue, 308 North Locust Street, attorney for Mr. O’Neill spoke in support. Comments were made regarding the notification of the School District. Mr. Nabity explained the process of contacting the School District. Motion by Minton, second by Fitzke to approve the request from Pat O’Neill to forward Blighted and Substandard Area #20 to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2016-307 - Consideration of Transferring Funds from the General Fund to the Golf Course Fund. Finance Director Renae Griffiths reported that the golf course fund as of September 30, 2016 had a negative cash balance of $58,000 and would increase due to the winter months with little cash flow. It was recommended to transfer from the general fund to the golf course fund $200,000 based on prior year cash activity. Discussion was held regarding the amount of money being transferred. Parks and Recreation Director Todd McCoy answered questions regarding the expenses for the golf Course. He stated during the winter months they didn’t have the revenue coming in like during the summer months but still had to pay expenses such as salaries. This past year they did not have the amount of revenues as in previous years due to the cold spring. He suggested that the Council look at this fund during budget discussions to decide whether it should stay as an enterprise fund. Motion by Steele, second by Haase to approve Resolution #2016-307. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmembers Paulick, Donaldson, and Hehnke voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Minton to approve the Claims for the period of November 23, 2016 through December 13, 2016 for a total amount of $5,831,012.06. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick abstained. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. RaNae Edwards City Clerk Grand Island Council Session - 12/27/2016 Page 79 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-2 Approving Councilmember Appointments to Boards and Commissions Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 80 / 276 Council Agenda Memo From:Mayor Jeremy Jensen Meeting:December 27, 2016 Subject:Approving Councilmember Appointments to Boards and Commissions Presenter(s):Mayor Jeremy Jensen Background It is customary each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective immediately and will expire on December 31, 2017: Animal Advisory Board: Mitch Nickerson Building Code Advisory:Mike Paulick Central District Health Board (Term of 3 years)Jeremy Jones Central NE Humane Society:Jeremy Jones Citizen Advisory Review Committee:Vaughn Minton Community Development Advisory Board:Michelle Fitzke Community Redevelopment Authority:Vaughn Minton Downtown BID 2013:Linna Dee Donaldson Emergency Management/Communications:Michelle Fitzke Mitch Nickerson Firefighters Pension Committee:Mark Stelk Grand Island Council Session - 12/27/2016 Page 81 / 276 Fonner Park BID 2013:Roger Steele (So. Locust – Stolley to Fonner) Grand Generation Board:Mark Stelk Heartland Events Center Board:Roger Steele Law Enforcement Co-Location Committee:Vaughn Minton Library Board:Julie Hehnke Metropolitan Planning Organization Policy Board:Julie Hehnke Vaughn Minton Mike Paulick Chuck Haase Police Pension Committee:Mark Stelk Problem Resolution Team:Linna Dee Donaldson Mike Paulick Regional Planning Commission:Mitch Nickerson South Locust Street BID 2013 Mike Paulick (So. Loucst – Hwy 34 to Stolley) Systems Information Advisory Committee Chuck Haase (City/County) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the appointments of Councilmember’s to Board and Commissions 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 recommendation of the Mayor. Grand Island Council Session - 12/27/2016 Page 82 / 276 Sample Motion Move to approve the appointments of Councilmember’s to the Boards and Commissions for 2017 as recommended by the Mayor. Grand Island Council Session - 12/27/2016 Page 83 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-3 Approving Re-Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2017. Denise Kozel, Master Electrician; Kent Sundberg, Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry Klanecky, General Public Representative; Kurt Griess and Craig Lewis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code. These appointments would become effective January 1, 2017 upon approval by the City Council and would expire on December 31, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 84 / 276 Grand Island Council Session - 12/27/2016 Page 85 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-4 Approving Re-Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Examining Board for the year 2017. Mike McElroy, Master Mechanical; Loren Peterson, Local Gas Company Representative; Greg Geis, Contracting Mechanical; Mike Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill, Community Member; Russ Shaw and Craig Lewis, Building Department as Ex-Officio members. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2017 upon approval by the City Council and would expire on December 31, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 86 / 276 Grand Island Council Session - 12/27/2016 Page 87 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-5 Approving Re-Appointments to the Plumbers Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2017/2018. Rick Eberl and Ryan Logue, Master Plumbers; Jeremy Collinson, Health Department; Craig Lewis and David Scoggins, Building Department Ex-Officio's. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2017 upon approval by the City Council and would expire on December 31, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 88 / 276 Grand Island Council Session - 12/27/2016 Page 89 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-6 Approving Re-Appointments to the Police Pension Committee Mayor Jensen has submitted the re-appointments of Eric Olson, Todd Dvorak, Michael Nelson, Jimmy Olson, and William Clingman to the Police Pension Committee board. The appointments would become effective January 1, 2017 upon approval by the City Council and would expire on December 31, 2020. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 90 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-7 Approving Appointments and Re-Appointments to the Firefighters Pension Committee Mayor Jensen has submitted the appointments of Brad Laub and Tanner Greenough and the re- appointments of Scott Kuehl, Phil Thomas, and William Clingman to the Firefighters Pension Committee board. Mr. Laub and Mr. Greenough would replace Tom Cox and Todd Morgan. The appointments would become effective January 1, 2017 upon approval by the City Council and would expire on December 31, 2020. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 91 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-8 Approving Appointment of James Pirnie to the Downtown Business Improvement District 2013 Board Mayor Jensen has submitted the appointment of James Pirnie to the Downtown Business Improvement District 2013 board. Mr. Pirnie will replace Dee Johnson who resigned from the board. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 92 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-9 Approving Appointment of Hector Rubio to the Regional Planning Commission Board Mayor Jensen has submitted the appointment of Hector Rubio to the Regional Planning Commission board. Mr. Rubio will replace Jerry Huismann. The appointment would become effective immediately upon approval by the City Council and would expire on October 31, 2019. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/27/2016 Page 93 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-10 #2016-308 - Approving Acquisition of Utility Easement - 588 S. Stuhr Road - Hoppe Inc. This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 12/27/2016 Page 94 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-308 WHEREAS, a public utility easement is required by the City of Grand Island from Hoppe, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on December 27, 2016 for the purpose of discussing the proposed acquisition of an easement located through a part of Lot One (1), East Park on Stuhr Subdivision, in the City of Grand Island, Hall County, Nebraska; being more particularly described as follows: Commencing at the southeast corner of Lot One (1), East Park On Stuhr Subdivision; thence on an assumed bearing of N00°58'51"W, along the west right-of-way line of Stuhr Road a distance of 74.64 feet to the ACTUAL Point of Beginning; thence N90°00'00"W a distance of 270.75 feet; thence S00°00'00"E a distance of 15.00 feet; thence N90°00'00"W a distance of 40.00 feet; thence N00°00'00"E a distance of 15.00 feet; thence N90°00'00"W a distance of 54.74 feet; thence N00°00'00"E a distance of 175.60 feet; thence N90°00'00"W a distance of 202.75 feet to a corner of the west line of said East Park On Stuhr Subdivision; thence S45°00'00"E a distance of 51.18 feet; thence S45°00'00"W a distance of 20.00 feet; thence N45°00'00"W a distance of 71.27 feet to a point on the north line of said East Park On Stuhr Subdivision; thence S89°52'19"E, along said subdivision line, a distance of 28.35 feet to said corner of the west subdivision line; thence N00°54'15"W a distance of 20.00 feet; thence N90°00'00"E a distance of 280.47 feet; thence N00°00'00"E a distance of 15.00 feet; thence N90°00'00"E a distance of 20.00 feet; thence S00°00'00"E a distance of 15.00 feet; thence N90°00'00"E a distance of 264.74 feet to a point on said west right-of-way line of Stuhr Road; thence S00°58'51"E, along said west right- of-way line, a distance of 20.00 feet; thence N90°00'00"W a distance of 56.86 feet; thence S00°00'00"E a distance of 155.60 feet; thence N90°00'00"E a distance of 59.52 feet to a point on said west right-of-way line of Stuhr Road; thence S00°58'51"E, along said west right-of-way line, a distance of 20.00 feet to the said Point of Beginning. Excepting a tract as described as follows: Commencing at the southeast corner of Lot One (1), East Park On Stuhr Subdivision; thence on an assumed bearing of N00°58'51"W, along the west right-of-way line of Stuhr Road a distance of 250.27 feet; thence N90°00'00"W a distance of 86.86 feet to the ACTUAL Point of Beginning; thence S00°00'00"E a distance of 40.00 feet; thence N90°00'00"E a distance of 11.00 feet; thence S00°00'00"E a distance of 115.60 feet; thence N90°00'00"W a distance of 266.62 feet; thence N00°00'00"E a distance of 155.60 feet; thence N90°00'00"E a distance of 255.62 feet to said the Point of Beginning. Grand Island Council Session - 12/27/2016 Page 95 / 276 - 2 - The above described easement and right-of-way containing a calculated area of 0.625 acres, more or less, as shown on the plat dated 11/30/2016, 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 Hoppe, Inc., on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. ________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 96 / 276 Grand IslandCouncil Session - 12/27/2016Page 97 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-11 #2016-309 - Approving Purchase Agreement with Guarantee Group, LLC for Property for the Elevated Water Storage Tank Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 12/27/2016 Page 98 / 276 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 27, 2016 Subject:Purchase Agreement with Guarantee Group, L.L.C. for Property for the Elevated Water Storage Tank Presenter(s):Timothy Luchsinger, Utilities Director Background The Grand Island water system’s usage has increased to where additional capacity is required to allow future growth in the City. An elevated storage tank is recommended by the recently completed Water System Master Plan. To fund the cost of the elevated storage tank, a bond issue is proposed. A cost of service study was completed by the Nebraska Municipal Power Pool in order to support projected revenue requirements of the bond debt service. The results of the study and possible changes to the water system rate structure were provided to the Council for discussion at the Study Session on November 1, 2016, with the rate ordinance adopting the recommended changes approved at the November 22, 2016 Council Meeting. Locations for siting the elevated storage tank were evaluated based on hydraulic characteristics of the water system, current and future community development, and ground elevation. A site at the southwest corner of the Copper Creek housing area on Engleman Road between Potash Highway and Stolley Park Road was selected as best meeting the requirements for the tank. Discussion Discussions with The Guarantee Group, developers of Copper Creek, were held regarding the acquisition of the site with an agreement for the Utilities Department to purchase approximately five (5) acres at a value determined by an independent appraiser. Approximately one and one-half acres would be used for the placement of the tank, with another three and one-half acres used initially during construction of the tank and then developed into a neighborhood type park to provide recreation opportunities for the area and serve as a space between the tank and nearby residential structures. Grand Island Council Session - 12/27/2016 Page 99 / 276 The appraised value of the tract was determined to be $110,000.00 and agreed by both parties to accurately reflect the market price. Payment for the property and subsequent development and maintenance costs were included in the project budget for the Water Enterprise Fund. A Purchase Agreement was drafted by the City Attorney and is recommended for approval by the Utilities Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Purchase Agreement with The Guarantee Group for the Copper Creek Estates Ninth Subdivision property in the amount of $110,000.00. Sample Motion Move to approve the purchase agreement with The Guarantee Group for the Copper Creek Estates Ninth Subdivision property in the amount of $110,000.00. Grand Island Council Session - 12/27/2016 Page 100 / 276 APPRAISAL REPORT OF VACANT LAND LOCATED IN COPPER CREEK ESTATES GRAND ISLAND,NEBRASKA PREPARED FOR THOMAS BARNES,ENGINEERING MANAGER CITY OF GRAND ISLAND,NEBRASKA PREPARED BY HENDRICKSEN APPRAISAL COMPANY 2514 North Webb Road Grand Island, NE 68803 File Number:16-0058 Grand Island Council Session - 12/27/2016 Page 101 / 276 Grand Island Council Session - 12/27/2016 Page 102 / 276 HENDRICKSEN APPRAISAL COMPANY REAL PROPERTY APPRAISAL PROFESSIONALS SPECIALIZING IN •COMMERCIAL •INDUSTRIAL •UNIQUE &SPECIAL USE •DEVELOPMENT LAND •REAL ESTATE INVESTMENTS • •2514 North Webb Road, Grand Island, Nebraska 68803 •Office (308) 381-4217 • Cell (308) 390-4736 •happrco@aol.com • December 1, 2016 City of Grand IslandThomas BarnesUtilities Engineering Manager P.O. Box 1968Grand Island, Nebraska 68802 RE:Appraisal of vacant land located in Copper Creek Estates,Grand Island, Nebraska Dear Mr. Barnes: As requested we have inspected the above-referenced property and prepared the attached appraisal report. The report willset forth the valuation premise, data, and analysis utilized in the value estimate.The scope of the appraisal process iscomplete and the report will be presented in summary format. It is intended only for the Utilities Department, EngineeringDivisionforthe City of Grand Island, Nebraska,for use in potential condemnation matters relating to the subject property.Use by others is not intended. The subject property is a rectangular shaped tract located on the east side of South Engleman Road, north of West StolleyPark Road and south of West Old Potash Highway.It contains approximately 5.04 acres of vacant land that has been plattedfor residential development.It is located in a developing residential neighborhood in western Grand Island. The value opinions contained in this appraisal report have an effective date of November 30, 2016, the date of the inspection of the subject property. All analysis utilized in the estimates and conclusions contained in this report are based on theassumption that the various economic factors relating to the Grand Island marketplace will remain stable for the foreseeablefuture. The report considers all three approaches to value and is complete in scope. It has been prepared in conformity with the Codeof Professional Ethics and all other requirements of Uniform Standards of Professional Appraisal Practice (USPAP)aspromulgated by the Appraisal Foundation, and the Rules and Regulations of the Nebraska Real Property Appraiser Board(NRPAB).We are knowledgeable of and experienced in appraising properties of this type and are qualified to appraise theproperty based on that knowledge and experience. The report is subject to the General Assumptions and Limiting Conditions contained herein, along with the ExtraordinaryAssumptions and Special Limiting Conditions that relate specifically to characteristics and information regarding the subjectproperty. It is imperative that any user of the report be familiar with, and a have a clear understanding of the implicationssummarized in those sections of the report. Additional contingencies are interspersed throughout the report where appropriate. Based on the data and analysis contained in this report,our conclusion of the market value for the for the Fee Simple Estate ofthesubject property as described herein,on November 30, 2016, is; ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) Respectfully, December 1, 2016 Robin Hendricksen Date Nebraska General Certification: 920625 December 1, 2016Jonathan Haack DateNebraska Trainee Certification: 2014015 Grand Island Council Session - 12/27/2016 Page 103 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY Grand Island Council Session - 12/27/2016 Page 104 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................................................................1EXTRAORDINARY ASSUMPTIONS AND SPECIAL LIMITING CONDITIONS .............................................................1 GENERAL LIMITING CONDITIONS....................................................................................................................................2APPRAISER'S CERTIFICATION............................................................................................................................................3PURPOSE OF THE APPRAISAL............................................................................................................................................4INTENDED USE AND USER OF THE APPRAISAL ............................................................................................................4 SCOPE OF THE APPRAISAL .................................................................................................................................................4DEFINITION OF MARKET VALUE ......................................................................................................................................4PROPERTY RIGHTS APPRAISED.........................................................................................................................................5MARKETING PERIOD AND EXPOSURE TIME..................................................................................................................5EFFECTIVE DATE OF APPRAISAL......................................................................................................................................5OWNERSHIP............................................................................................................................................................................5HISTORY OF OWNERSHIP ...................................................................................................................................................5 UTILITIES ................................................................................................................................................................................5FLOODPLAIN..........................................................................................................................................................................5EASEMENTS AND RESTRICTIONS.....................................................................................................................................5LEGAL DESCRIPTIONS.........................................................................................................................................................6 ZONING....................................................................................................................................................................................6ACKNOWLEDGMENT OF ASSISTANCE/COMPETENCY................................................................................................6CITY ANALYSIS.....................................................................................................................................................................7Area Map ............................................................................................................................................................................13NEIGHBORHOOD ANALYSIS ............................................................................................................................................14Neighborhood Map.............................................................................................................................................................14SITE DESCRIPTION..............................................................................................................................................................15Site Aerial Photograph........................................................................................................................................................15Subject Photographs ...........................................................................................................................................................16HIGHEST AND BEST USE...................................................................................................................................................19Highest and Best Use: As If Vacant....................................................................................................................................19THE APPRAISAL PROCESS ................................................................................................................................................20SALES COMPARISON APPROACH ...................................................................................................................................21Comparable Sales ...............................................................................................................................................................21Comparable Land Sales Map..............................................................................................................................................23 Explanation of Data Analysis and Adjustments..................................................................................................................24Sales Adjustment Table ......................................................................................................................................................25Final Correlation of Land Value .........................................................................................................................................25ADDENDA.............................................................................................................................................................................27 Zoning Regulations................................................................................................................................................................iPROFESSIONALQUALIFICATIONS OF ROBIN HENDRICKSEN...................................................................................................iiAppraiser Certification.........................................................................................................................................................ivPROFESSIONALQUALIFICATIONS OF JONATHAN HAACK .......................................................................................................vAppraiser Certification.........................................................................................................................................................vi Grand Island Council Session - 12/27/2016 Page 105 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY Grand Island Council Session - 12/27/2016 Page 106 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 1 EXECUTIVE SUMMARY IDENTIFICATION:The subject is a tract of vacant land located within the Copper Creek Estates in GrandIsland, Nebraska. PURPOSE & SCOPE:The purpose is to provide an opinion of the market value for the subject property on theeffective date of the appraisal. The scope of the appraisal process is complete and it isreportedin summary format subject to all assumptions and limiting conditions statedherein. INTENDED USE:Potential condemnation matters relating to the subject property. INTENDED USER:Utilities Department, Engineering Division for the City of Grand Island, Nebraska. PROPERTY RIGHTS:Those rights associated with the fee simple estate. SITE DESCRIPTION:The subject property is a rectangular shaped tract located on the east side of South Engleman Road, north of West Stolley Park Road and south of West Old PotashHighway. It contains approximately 5.04 acres of vacant land that has been platted forresidential development.It is located in a developing residential neighborhood in westernGrand Island. Public utilities are available within a reasonable distance to the site. IMPROVEMENTS:None ZONING:The subject property is zoned “R”-2,Low Density residential Zone.The intent of thiszoning district is to provide for residential neighborhoods at a maximum density of sevendwelling units per acre with supporting community facilities. FLOODPLAIN:A review of current FEMA floodplain map 31079C0166D indicates the property is located in a non-printed flood map boundary. HIGHEST & BEST USE:As Vacant -Residential development homogenous with surrounding properties. INSPECTION DATE:November 30, 2016 EFFECTIVE DATE:November 30, 2016 VALUE INDICATIONS:Cost Approach:NA Sales Comparison Approach:$110,000 Income Approach:NA Total Property Value Estimate:$110,000 EXTRAORDINARY ASSUMPTIONS AND SPECIAL LIMITING CONDITIONS 1.We have not been provided with an environmental assessment on the property nor were any adverse conditions apparent at the time of the inspection. However,we are not a qualified expert in environmental assessment and therefore, the report and value opinions presume no adverse conditions exist. Grand Island Council Session - 12/27/2016 Page 107 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 2 GENERAL LIMITING CONDITIONS This appraisal is made under the following contingencies along with those that appear in the body of the report. 1.It is assumed that title to the property is good and there are no liens or encumbrances except as noted. 2.We have not surveyed the property and no warranty is made that the improvements are located on the site as described. 3.Distribution of the total valuation between land and improvements applies only under the program of utilization andconditions as set out in this report and is invalidated under any other program of utilization. 4.Testimony or attendance in court by reason of having prepared this appraisal shall not be required unless priorarrangements have been made. 5.Sketches, diagrams and photographs included in this report are for the reader's visual aid and not based on survey. 6.Certain information, upon which opinions and conclusions are based, has been obtained from sources consideredreliable, however, no warranty is made to that effect. 7.We do not warrant the mechanical, electrical, plumbing or constructional conditions of the improvements. If any ofthese are reported to be deficient, they will be noted in the body of the appraisal report. 8.We are not aware of any hidden or apparent conditions which would render the subject property more or less valuablethan otherwise comparable property. 9.Disclosure of the contents of this report is governed by the rules and regulations of the NRPAB and the USPAP including those sections regarding peer review. Neither all nor any part of the contents of this report shall bedisseminated to the public through advertising media, public relations media, news media, sales media or any otherpublic means of communication, without our prior written consent and approval. 10.It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless non-conformity has been stated, defined and considered in the body of the report. 11.It is assumed that there was full compliance with all applicable federal, state and local environmental regulations andlaws unless noncompliance is stated, defined and considered in the report. 12.It is assumed that all required licenses, consents or legislative and/or administrative authority from local, state or federal governmental or private entity or organization had been or could have been obtained or renewed for any use on which thevalue opinions contained in this report are based. 13.The consideration for the preparation of this report is the payment of all mutually agreed upon fees in connection therewith. Responsibility for any part of the report is conditioned upon full payment. 14.We were not made aware of potentially hazardous material such as urea-formaldehyde foam insulation, radon gas, asbestos, toxic waste, and/or lead paint were not apparent, nor were any apparent during inspection. However,we arenot qualified to detect such substances and the existence of potentially hazardous material may have an effect on thevalue estimates and conclusions contained herein. 15.We have not evaluated the mechanical systems nor are we qualified to comment as to the compliance with ASHRAEStandard 62-1989. No representations are made with respect to indoor air quality. 16.We have not conducted a survey nor are we qualified to comment on existing reciprocating or centrifugal equipment todetermine the amount of Chlorofluorocarbons (CFC’s) that may be present in the buildings. CFC’s are regulated by theClean Air Act of 1990, and the production of CFC’s is banned after 1999 by the Montreal Protocol of 1987. 17.The Americans with Disabilities Act (ADA) became effective January 26, 1992.We have not made a survey of the subject property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines,nor are we competent to make such determination. Determination of ADA compliance matches an owner's financialability with the cost-to-cure the physical characteristics. Such determination is beyond our experience and we cannotcomment on compliance. Specific study of both the owner's financial ability and the cost-to-cure any deficiencieswould be required by knowledgeable professionals for the Department of Justice to determine compliance. Therefore,the value opinions contained herein do not consider any non-compliance. 18.Unless otherwise stated in the report the opinion of value does not include any personal property, fixtures, tangible orintangible items that are not real property. 19.Unless otherwise stated in the report the Date of the Report is synonymous with the date of the Transmittal Letter and the appraiser’s perspective is current. 20.Acceptance and/or use of this report constitutes acceptance of the foregoing assumptions and limiting conditions. Grand Island Council Session - 12/27/2016 Page 108 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 3 APPRAISER'S CERTIFICATION The undersigned does herebycertifythat, except as otherwise noted in this report: 1.Robin Hendricksen and Jonathan Haack conducted an on-site inspection of the subject property on November 30, 2016.Photographs and details of the inspection are contained in the bodyof the report. 2.We have no past, present or contemplated future interest in the real estate that is the subject of this appraisal report, andwehave no personal bias with respect to the parties involved. 3.Compensation to us or our firm is not contingent on an action or event resulting from the analysis,opinions or conclusions in, orthe use of, this report. 4.To the best of our knowledge and belief, the statements of fact contained in this appraisal report, upon which theanalyses, opinions, and conclusions expressed herein are based, are true and correct. 5.The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditionsand, are the personal and unbiased professional analyses, opinions, and conclusions of the undersigned. 6.We have complied with the Uniform Standards of Professional Appraisal Practice as promulgated by the AppraisalFoundation in conducting the research and analysis, and in formulating the value conclusions contained herein to thebest of our knowledge and understanding. 7.The appraisal was made and the appraisal report was prepared in conformity with and is subject to the requirements oftheRules and Regulations of the Nebraska Real Property Appraiser Board as promulgated by Nebraska Revised Statute. 8.We are knowledgeable of, and experienced in appraising properties of this type, and are qualified to appraise theproperty based upon that knowledge and experience. 9.No one other than the undersigned prepared the analyses, conclusions, and opinions concerning real estate that are setforthin this appraisal report. 10.Disclosure of the contents of this appraisal report is governed by the Uniform Standards of Professional AppraisalPracticeand the Nebraska Real PropertyAppraiser Board, relating to review by its duly authorized representatives. 11.The appraisal assignment was not based upon a requested minimum or specific valuation, or the approval of aloan. 12.We have performed a prior appraisal of the entire Copper Creek Estates with a report date of February 5, 2014.We have not provided any other services for the subject property within the last three years. 13.Based on the data and analysis contained in this report, the market value of the fee simple estate of the subjectproperty, as described herein, on November 30, 2016, is estimated to be; ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) Respectfully, December 1, 2016 Robin Hendricksen Date Nebraska General Certification: 920625 December 1, 2016Jonathan Haack DateNebraska Trainee Certification: 2014015 Grand Island Council Session - 12/27/2016 Page 109 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 4 PURPOSE OF THE APPRAISAL The purpose of the appraisal is to estimate the market value of the Fee Simple Estate of the subject property on November 30, 2016,which is synonymous with the date of inspection. INTENDED USE AND USER OF THE APPRAISAL The report has been prepared for the Utilities Department, Engineering Division for the City of Grand Island, Nebraska, for use inpotential condemnation matters relating to the subject property. SCOPE OF THE APPRAISAL The appraisal assignment is the valuation of vacant land located in the Copper Creek Estates in western Grand Island, Nebraska.GrandIslandhasexperiencedastableeconomic base for several years and we estimatethat stability will continue into the foreseeable future. The process of collecting data includes the examination of the base economy of Grand Island and the analysis of the current market forany similar properties in the marketplace. It included assembling information on sale prices for properties that would compete with the subject for potential buyers and tenants. The scope of the report is limited only by the extraordinary assumptions and special limiting conditions and general assumptionsandlimiting conditions set out earlier in this report. Special limiting conditions reflect conditions and assumptions unique to thisappraisal assignment, and on which the appraisal is predicated. The user of this report is cautioned to review these conditions toassure concurrence with the conditions outlined. General limiting conditions, while being equally important are more traditionaland usually familiar to users of appraisal reports. The scope of the appraisal encompasses the necessary research and analysis to prepare the report in accordance with the intendeduse, the USPAP and the NRPAB. Specifically concerning this assignment, the following steps were taken: 1.Robin Hendricksen and Jonathan Haack inspected the subject property on November 30, 2016. Additional information and data relative to the property were obtained from City and County officials and other public and private sources. 2.The information regarding the region, city, and neighborhood is based upon personal inspection and investigation, data contained in the files of Hendricksen Appraisal Company, and information obtained from other published sources. Inaddition to the secondary data, primary data were derived by observations and inspections in the subject's community,neighborhood and market areas as indicated above. 3.In developing the approaches to value,we identified the competing market area as Grand Island and researched data inthat area. Data were collected from the files of Hendricksen Appraisal Company, other appraisers, Realtors, propertymanagers, property owners, publications, public records, and other sources considered knowledgeable of the subjectmarketplace. While reasonable efforts were made to obtain reliable data, no warranty as to the reliability is made. 4.Upon completion of data assembly and analysis as herein defined and presented,an opinion of market value wasformulated and presented, which is subject to the assumptions and limiting conditions contained within the report. DEFINITION OF MARKET VALUE All references to market value in this document is defined as: The most probable price which a property should bring in acompetitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a saleas of a specified date and passing of title from seller to buyer under conditions whereby: (1)Buyer and seller are typically motivated; (2)Both parties are well-informed or well-advised, and acting in what they consider their own best interest; (3)A reasonable time is allowed for exposure in the open market; (4)Payment is made in cash in United States dollars or in terms of financial arrangements comparablethereto; and (5)The price represents the normal consideration for the property sold unaffected by special or creativefinancing or sales concessions granted by anyone associated with the sale. (Source of Market Value Definition: The Uniform Standards of Professional Appraisal Practice, 2008-2009 Edition published in 2007 by the Appraisal Foundation.) Grand Island Council Session - 12/27/2016 Page 110 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 5 PROPERTY RIGHTS APPRAISED The property rights appraised are those normally associated with the Fee Simple Estate defined as follows: Fee Simple Estate:Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposedby the governmental powers of taxation, eminent domain, police power, and escheat. We are not aware of any easements or restrictions to the use of the property that would diminished the market value of the subject anyportion of the subject property. Although there may be typical utility easements, they do affect the value of the land and no otherinterests are considered to encumber ownership rights. MARKETING PERIOD AND EXPOSURE TIME Hendricksen Appraisal Company conducts studies of sales of real estate to determine the time they are on the market on a continuing basis. The study includes all types of real estate and is completed through observation, multiple listing service data, anddiscussions with brokers, owners,buyers and sellers. The study is necessary because the time a property is on the market canwidely vary in relationship to the asking price. For this reason, the study is necessarily general in character for commercial, industrial, warehouse and service use properties.At the current time marketing periods for properties of this type are generallyrangingfromthreetotwelvemonths. The subject property is an adequately positioned site in western Grand Island, Nebraska, with adequate access and visibility.Themarketability, considering all factors affecting the property, is considered to be average. Considering market conditions togetherwith the condition and location of the subject, the most probable marketing period is estimated to be from three to twelve months. Exposure time is the estimated length of time the property interest being appraised would have been offered on the market prior to thehypothetical consummation of a sale at market value on the effective date of the appraisal. It is a retrospective opinion based upon ananalysis of past events assuming a competitive and open market. The marketing time stated above is considered to reflect the exposuretime bythis definition. EFFECTIVE DATE OF APPRAISAL The effective date of the appraisal report is November 30, 2016. OWNERSHIP Public records indicate that ownership as of the effective date of the report rests with, The Guarantee Group, LLC HISTORY OF OWNERSHIP According to the Hall CountyTreasurer’s office there has been no change in ownership in the past three years. UTILITIES All public utilities are available within a reasonable distance from thesubject property. FLOODPLAIN A review of current FEMA floodplain map 31079C0166D indicates the propertyis located in a “non-printed flood map boundary.” EASEMENTS AND RESTRICTIONS The property is appraised as if unencumbered by easements other than typical utility easements. There do not appear to be anyother use restrictions placed on the property other than municipal zoning. Grand Island Council Session - 12/27/2016 Page 111 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 6 LEGAL DESCRIPTIONS According to records in the Hall CountyRegister of Deeds Office, thesubject property is legally described as; A tract of land comprising a part of the NW ¼ of Section 23, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska A plat map of the subject site has been provided below. ZONING The subject property is zoned “R”-2, Low Density residential Zone.The intent of this zoning district is to provide for residentialneighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. ACKNOWLEDGMENT OF ASSISTANCE/COMPETENCY No one other than those signing this report provided significant assistance in the preparation of the appraisal and/or the appraisalreport.We are experienced in appraising properties of this type and no additional measures were required to comply with theprovisions of the Competency Rule of the USPAP. Grand Island Council Session - 12/27/2016 Page 112 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 7 CITY ANALYSIS Grand Island is Nebraska’s largest city outside of the Omaha and Lincoln Metropolitan area; it's the third largest retail tradecenter in Nebraska. Local government is handled by the Mayor, City Council, and County Board of Supervisors. Grand Islandis a three-time All-American City (1955, 1967 & 1981), and was named Outstanding Nebraska Community in 1997. World Trade Magazine has ranked Grand Island 9th in the Top 10 List of Smaller Communities with an excellent quality of life. Grand Island, the county seat of Hall County, is Central Nebraska’s Platte River Oasis, offering tourist attractions, an activetrade center, employment opportunities, and human service programs to the agriculturally based area population. Located inthe center of the State, Grand Island is accessible to traffic from Interstate-80,U.S. Highways 281, 30, and 34, and NebraskaHighway 2, as well as the Central Nebraska Regional Airport. It is known as the retail hub of central Nebraska, offeringlodging, dining, shopping, entertainment, service programs, and information to the 30-plus rural communities in a 90-milesurrounding area. Grand Island is the fourth largest city in Nebraska, with an estimated population of 50,000. The communityalso serves residents in much of rural Nebraska including an area of over 20,000 square miles with an estimated population ofover 200,000. Incorporated in 1872, Grand Island has a rich history reflected today in the stability of the community and theoutstanding quality of life for its residents. More than 90 manufacturing plants provide jobs for over 7,000 people, drawingfrom a rural population base of talented and diverse workers. Municipality City of Grand Island, Nebraska, USA Regional District Central Nebraska, USA Area of Municipal Limits 28.55 square miles Geographic Landmarks The Platte River to the south and the Loup River to the north Geographic Location 100 miles west of Lincoln, Nebraska’s State Capitol; 25 miles north of Hastings; 50 miles east of Kearney Distance in miles from Chicago:615 Los Angeles:1,438 Dallas:698 Minneapolis:525 Denver:407 New York:1,388 Miami:1,772 Kansas City:296 Atlanta:1,146 St. Louis:589 Population Grand Island’s population has enjoyed steady growth over the last few decades and according to the United States Census of 2010hada total population of 48,520. The estimated population in 2014 was 51,236.The following table summarizes the populations ofGrand Island, Hall County, and Nebraska since 1980. Year Grand Island Hall County Nebraska 2014 51,236 61,492 1,881,503 2010 48,520 58,607 1,826,341200042,940 53,534 1,711,263199039,386 48,925 1,578,385198033,180 47,690 1,569,825 Grand Island Council Session - 12/27/2016 Page 113 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 8 2013 Population Males:25,170 (49.8%) Females:25,380 (50.2%) Median resident age:35.1 yearsNebraska median age:36.3 years Housing Building activity in the city has remained stable over the last several years. The following table summarizes permits issued in prior years. Single-family new house construction building permits 1997: 102 buildings, average cost: $106,900 1998:98 buildings, average cost: $101,700 1999: 95 buildings, average cost: $110,100 2000: 88 buildings, average cost: $115,200 2001: 88 buildings, average cost: $124,100 2002: 81 buildings, average cost: $127,5002003: 101 buildings, average cost: $140,100 2004: 122 buildings, average cost: $133,300 2005: 111 buildings, average cost: $138,800 2008: 81 buildings, average cost: $135,200 2009:92 buildings, average cost:$146,700 2010:85 buildings, average cost:$163,800 2011:70 buildings, average cost:$172,500 2012:85 buildings, average cost:$157,500 Estimated median house or condo value in 2013 Grand Island:$112,069 Nebraska:$132,700 Economy and Employment Grand Island and Hall County are heavily dependent upon the agricultural economy. Fluctuations in this sector during the middle1980's were echoed in local economy, as many farm suppliers and agriculture related businesses suffered from the effects of a slow national farm economy. However, the recent upturn in agriculture has positivelyinfluenced the real estate markets of Grand Island.Agriculture began an upturn in 1990. Farmland prices increased significantly from 1990 to 1992. From 1992 to 2005 the increasewas more moderate. This spike was followed by a spike in the residential market which began in 1992. The residential spikeincluded a stronger market, and increased construction of new homes. The commercial/industrial market was slower to follow.However, these commercial/industrial markets changed for the positive in 1994. In 1994, several large commercial stores and otherbuildings were constructed along the north U.S. Highway 281. This included Wal-Mart, Sam's Club, and K-Mart stores,Applebee’s, Perkin’s and various hotel/motels. The industrial market has also has since then added several other restaurants, stores, banks, hotels, and medical offices along U.S. Highway281 which shows steadygrowth. Grand Island has an active Chamber of Commerce and industrial foundation. They are attempting to encourage manufacturingfirms to locate in the Grand Island area and have established a budget to attract new business. In 1987 the State of Nebraska passed LB 775 which provided incentives for corporations to locate in Nebraska. The intent of the bill was to entice larger firms into theNebraska market and it seems to have had some impact in encouraging capital investment and the development of new jobs. The Manufacturing and Retail Trade industries employ the largest number of workers in the Grand Island MicropolitanStatistical Area (MC), which includes Hall, Howard and Merrick Counties.Many of the existing manufacturing jobs are relatedto agriculture, as the principal manufacturing activities include farm machinery, other agricultural products, beef packing,and foodprocessing. The major manufacturers are Swift Foods, Case/IH, and Chief Industries, all of which are agriculture related.GrandIsland has 8 established industrial areas, which are in locations accessible to traditional modes of transportation such as water,rail,and highway. There are 80 manufacturing plants in Hall County, one which includes a union. Grand Island Council Session - 12/27/2016 Page 114 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 9 Grand Island Labor Market Statistics Time Period Labor Force Employed Unemployed Unemployment Rate 1990 21,839 21,338 501 2.3% 1995 24,648 24,067 581 2.4% 2000 22,831 22,122 709 3.1% 2005 24,076 23,071 1,005 4.2% 2010 25,957 24,795 1,162 4.5% 2015 26,317 25,323 994 3.8% Most common industries for males (%) Manufacturing (29%) Retail trade (14%) Construction (12%) Accommodation and food services (7%) Transportation and warehousing (5%) Health care and social assistance (4%) Wholesale trade (4%) Most common industries for females (%) Health care and social assistance (22%) Manufacturing (16%) Retail trade (16%) Accommodation and food services (11%) Educational services (9%) Other services, except public administration (5%) Public administration (4%) Most common occupations for males (%) Production occupations (23%) Construction and extraction occupations (12%) Sales and related occupations (10%) Management occupations (9%) Material moving occupations (7%) Installation, maintenance, and repair occupations (7%) Food preparation and serving related occupations (6%) Most common occupations for females (%) Office and administrative support occupations (18%) Food preparation and serving related occupations (12%) Sales and related occupations (11%) Production occupations (11%) Personal care and service occupations (7%) Healthcare support occupations (6%) Education, training, and library occupations (6%) Top Five Employers Swift & Company: 3,500 employees Chief Industries: 1,641 employees St Francis Medical Center: 1,300 employees Case IH (formerly Case New Holland): 750 employees McCain Foods, USA: 546 employees Grand Island Council Session - 12/27/2016 Page 115 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 10 Education Grand Island has one of the best school systems in the state.Community support for education is strong, as evidenced byrecent building projects, fundraising for additional computers and donations of special equipment for handicapped students.Inaddition, increasing opportunities are available for higher education.The Grand Island Public School District provides 14elementary schools, three middle schools, and one senior high school. Grand Island is also served by Northwest High School,Central Catholic Junior-Senior High School,Heartland Lutheran High School, four private elementary schools,Central Community College, and College Park. Central Community College, Grand Island Campus, is located at 3134 West Highway 34, and provides higher education andvocationalopportunities. A master’s level education is available on-site offered by the Bellevue University program. College Park, located at 3180 W. Highway 34 in Grand Island, is a unique facility which provides bachelor and master degreeprograms from Doane College; associate and continuing education courses from Central Community College; research-basedinformation in agriculture and natural resources, consumer and family economics, community and economic development and4-H youth development from the Hall County extension office; classes from the Central Nebraska Area Health EducationCenter; and the "Live from the Park" performing arts series hosted by College Park.Other community educationalopportunities include the Nebraska Law Enforcement Training Center,an Adult Education Facility, and Joseph’s College ofBeauty. Tourism Interstate 80 is a major traffic carrier of tourists from border to border in Nebraska. Tourism in the state has increased in every yearsince the oil crisis of the early 1970's. Recent studies by the State Department of Economic Development suggest that not only isthe number of people visiting the state increasing, but the amount of money each visitor is spending here is also on the increase.Recreational travelers, business travelers, and heavy commercial truck drivers are all sources of potential revenue for tourist related businesses. The Grand Island Chamber has actively promoted the area as a centrally located and convenient location forconventions and meetings. The success of this promotion can be measured in the number of activities and increase in attendance atscheduled events. For example, Husker Harvest Days has shown steady growth since its first years. Almost 200,000 peopleattended the exposition in 1985, while approximately 400,000 visited the exhibition in 1990 and it has continued to grow more each year. In addition, Grand Island is home to Fonner Park one of the Midwest’s premier para-mutual horse racing facilities and the newHeartland Event Center that hosts numerous sporting events,concerts,home shows, and other convention type activities. The EventCenter arena seats 6,000-7,500 and is equipped with a four-sided video scoreboard, as well as 12 suites, multiple concession standsand restroom facilities, six locker rooms, gift shop, ticket office, as well as offering in-house catering service for all facility events.The flexibility of this new multi-purpose center combined with the Fonner Park facility makes it possible to offer potential users amyriad of choices to customize their events to best serve their needs and satisfy the sponsors and function attendees. The NebraskaState Fair moved to Grand Island in 2010 and over 308,000 people attended the first year. Attractions Stuhr Museum of the Prairie PioneerNebraska Nature CenterFonner ParkGrand Island Little TheatrePlum Street StationHeartland Events Center Events Art in the ParkCentral Nebraska Ethnic FestivalChildren’s Groundwater FestivalHarvest of Harmony ParadeCommunity Arts & Concert AssociationHusker Harvest DaysHoops ManiaHall County FairNebraska State Fair Grand Island Council Session - 12/27/2016 Page 116 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 11 Shopping Grand Island serves as a regional retail hub for a 33 county area with a population of 308,000.For area residents and visitorsalike, Grand Island offers a diverse array of shopping experiences with options ranging from national brand stores to locallyowned boutique shops.Together, shopping in Grand Island offers a variety, convenience, and value.There is something foreveryone.Shopping districts include the following: Downtown: Downtown Grand Island features an interesting mix of retail shops including home furnishings, art, interior décor,books, music, antiques, and more. Locust Street: The Locust Street corridor just north of Interstate 80 Exit 314 to the downtown features an assortment of specialty shops, dining, hotels, and services.Many of these are in the immediate vicinity of Fonner Park and the HeartlandEvents Center. Highway 281 Corridor: This corridor is a shopping mecca featuring hundreds of retail shops, restaurants, and services.Theanchor of this corridor is the Conestoga Mall –the largest indoor mall between Lincoln and Denver, with over 545,000 squarefeet. The Mall has five major anchor stores –Dillards, Best Buy, Younkers, Sears, and JC Penny.Also in this area are dozensof retail strip centers.Combined, the 281 corridor is home to dozens of national brand retailers and locally owned specialtyshops. Transportation East-west roads serving Grand Island include the transcontinental Interstate 80 and U.S.Highway 30 (the Lincoln Highway).U.S.Highway 34 is a regional highway running from north-east of Denver, Colorado to the western Chicago suburbs.U.S.Highway281 is the main north-south road in the region, stretching from the Mexican border in Texas to the Canadian border in NorthDakota. Bus service is available through Arrow/Black Hills Stage Lines and the Navigator Airport Shuttle between Grand Island andOmaha.Amtrak rail service arrives and departs at their Hastings, Nebraska, station 25 minutes south of Grand Island. Within the city, public transportation includes limited taxi and weekdayshuttle service. Two transcontinental railroads, Burlington Northern and Union Pacific, serve the community. Both Burlington and Union Pacifichave mainlines through Grand Island. Bus and truck routes use the interstate, and air transportation is provided by from the CentralNebraska Regional Airport. The Central Nebraska Regional Airport offers daily American Eagle flights to Dallas, twice weekly Allegiant flights to Phoenix andLas Vegas, and weekly Allegiant flights to Orlando.The number of passengers using CNRA has increased exponentially over thelast decade, from 7,961 in 2008 to 56,902 in 2013.A new 35,000 square foot passenger terminal was recently completed and willserve central Nebraska residents for decades to come, welcoming visitors to the area. U.S. Highway 30 was a major transcontinental route prior to the construction of Interstate 80, and many businesses had beenestablished along its route. Nebraska Highway 2 is a popular and scenic route through the Nebraska Sandhills, and the county has awell maintained system of secondary farm-to-market roads. Because of its size, access, and centric location, Grand Island has beenable to attract numerous meetings and conventions from thestate-wide market. Government and Services Grand Island is governed by a mayor and city council. Its 16 city parks cover 375 acres. Communications include a dailynewspaper,five radio stations, one television station, and two cable services. Both public and parochial schools are available to thecommunity's students.Recreational and cultural facilities include the Stuhr Museum of the Prairie Pioneer. The museum wasdesigned by an internationally known architect and is considered to be one of the outstanding facilities of its type in the nation. Fonner Park offers horse racing and para-mutual betting, drawing many patrons to the Grand Island area. The Island Oasis WaterPark, the Grand Island Municipal Golf Course, and hunting and fishing in area lakes also attract visitors from across the state. Retail Trade As is evident from the employment data, Grand Island serves as a trade center for large areas to the west and northwest, as well asless extensive areas to the east and south. Retail trade, banking, and wholesaling are centered in Grand Island to serve these areas.Retail sales, as reported by the Nebraska State Department of Revenue, have increased over recent years. The following tableillustrates the increase in taxable sales since 1990. Grand Island Council Session - 12/27/2016 Page 117 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 12 Net Taxable Sales Year Grand Island Hall County 2013 $1,009,830,580 $1,045,082,034 2012 $977,097,299 $1,009,596,541 2008 $891,470,251 $923,125,185 2007 $878,265,159 $917,314,709 2006 $827,001,188 $860,630,760 2005 $796,848,442 $831,862,115 2004 $774,432,460 $808,032,540 2000 $658,581,800 $683,125,343 1990 $410,503,487 $425,714,997 Historic Stability The city developed as a river town, along the heavily traveled route through the Platte River Valley. The fertile soil of the PlatteValley is the basis for an agricultural economy that traditionally enjoys exceptional yields, and the abundant underground watermakes irrigation effective for much of the rich,level land.Grand Island is heavily influenced by its location in the Platte RiverValley. Transportation facilities, economic growth and employment, trade, income, services, and tourism are all impacted by thecentral farm belt location. Each of these aspects of the Grand Island community plays an important role in the development ofcommercial and industrial properties in the Grand Island area. Grand Island has experienced good commercial growth in the last five years. This includes large discount stores as well asrestaurants,hotels, retail centers and other commercial use buildings. The new construction generally appears to be mostlyoccupied. The above grid shows a substantial increase in theretail sales for the area. We have observed new construction as well as rehabilitation of older structures in almost all of the major commercial corridors inthe area over the past several years which indicate the local market place will remain viable for the next several years. Historically,south Locust Street was the prime area for development. In the last fifteen to twenty years this has shifted northward along U.S.Highway 281 generally north of U.S. Highway 30, near Conestoga Mall. Investigation of occupancy levels in the commercialmarket place found that vacancy in commercial buildings has been generally low over the last several years. It is felt that the longterm vacancyrate will continue to be relativelylow until we see a more critical effect of the slowdown in the national economy. Expendable Income One factor that drives a local trade economy is the amount of expendable income of area residents.Grand Island incomes comparefavorablywith state and national averages forthe last decade. Estimated median household income in 2013 Grand Island:$45,985 Nebraska:$51,440 Estimated per capita income 2013 $22,491 Summary Although Grand Island experienced some difficulties in the mid 1980’s that resulted from the agricultural problems in the Midwestduring that period, the improvement in the agricultural economy since 1990 has contributed to additional activity in the GrandIsland market. It is our opinion that Grand Island will continue its role as a viable retail trade center and growth and pent up demandshould provide stability in the local housing market for the near future. Commercial real estate has enjoyed a strong market in Grand Island for the last several years. The new development isgenerally located along U.S. Highway 281 in the northwest part of the City although recent investment interests have arisenalong the South Locust Street corridor as well. This is fueled in part by legislative action that moved the Nebraska State Fairfrom Lincoln to Grand Island beginning in 2010. It is located on the Fonner Park and Event Center campus and as expected,brought in additional commercial and industrial investment to the area.The value estimates concluded in this report considerall of the positive and the negative factors in the market. A map of the City has been included on the following page. Grand Island Council Session - 12/27/2016 Page 118 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 13 Area Map Grand Island Council Session - 12/27/2016 Page 119 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 14 NEIGHBORHOOD ANALYSIS The subject is located in a developing residential neighborhood in northwest Grand Island. This area is west of the U.S. Highway 281commercial corridor. The majority of the development is between Engleman Road and North Road from Nebraska Highway 2 toStolley Park Road.This area has seen steadyresidential development over the last several years. A map of the subject neighborhood has been included below. Neighborhood Map Grand Island Council Session - 12/27/2016 Page 120 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 15 SITE DESCRIPTION The subject property is a rectangular shaped tract located on the east side of South Engleman Road, north of West Stolley ParkRoad and south of West Old Potash Highway. It contains approximately 5.04 acres of vacant land that has been platted forresidential development.It is located in a developing residential neighborhood in western Grand Island. Public utilities areavailable within a reasonable distance to the site. It is generally at grade with surrounding roads and appears to have adequate drainage.Zoning is R-2,which is homogenous withsurrounding development and all public utilities are near the site.The siteis located outside of anyrestrictive floodplain designation. In summary, the subject is a residential site with adequate access and visibility with adequate market potential.No adverse conditions were noted at time of inspection and we are not aware of any environmental concerns. Below is an aerial photograph of the subject site. Site Aerial Photograph Grand Island Council Session - 12/27/2016 Page 121 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 16 Subject Photographs . North PropertyLine Looking East Northwest Corner Looking Southeast Grand Island Council Session - 12/27/2016 Page 122 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 17 Subject Photographs West PropertyLine Looking South West PropertyLine Looking North Grand Island Council Session - 12/27/2016 Page 123 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 18 Subject Photographs Southwest Corner Looking Northeast South Property Line Looking West Grand Island Council Session - 12/27/2016 Page 124 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 19 HIGHEST AND BEST USE The American Institute of Real Estate Appraisers utilizes the definition of highest and best use provided in The Dictionary of RealEstate Appraisal,4th Edition. A site is always valued in terms of its highest and best use,The most reasonably probable and legal use of vacant land or animproved property which is physically possible, appropriately supported, financially feasible, and that results in the highest and best use. The rationale of highest and best use is that a property must have utility reflected through market demand to have a market function. Inturn, function determines use, and use is a major determinant of value, in the context of current market forces. In estimating highest and best use an appraiser goes through essentiallyfour stages of analysis: 1.Legally Permissible Uses -What uses are permitted under existing zoning and other land use regulations and controls,and under existing deed restrictions, for the subject property? 2.Physically Possible Uses -What uses are physically possible on the subject site or in the subject improvements, given thephysical characteristics revealed by property analysis? 3.Financially Feasible Uses -Among legally permitted and physically possible uses for the subject property, which areappropriate given the characteristics revealed by market, neighborhood and property analysis? Which uses produce anynet return to the owner, or a positive net present value? 4.Maximally Productive Use -Among appropriate or feasible uses for the subject property, which use will produce thehighest present value? Highest and Best Use: As If Vacant Among all reasonable alternative uses, the highest and best use is the use that yields the highest present land value, after payments aremade for labor, capital, and coordination. The highest and best use of a property is based on the assumption that the parcel of land isvacant or can be made vacant by demolishing anyimprovements. Legally Permissible Uses:R-2,low density residential zoning of the subject property will allow a number of uses, includingsingle family development. Physically Possible Uses:The size of the site is large enough for many residential uses. The availability of sewer and othermunicipal services means that the subject can be developed within a relativelyshort time frame. Financially Feasible Uses:The parcel is adapted for a number of residential uses, particularly those requiring large sites withgood access, such as single family residential development. Any legal residential use for which there is adequate demandwould be feasible on the site. The location within the City of Grand Island is considered to be adequate for residential uses. Maximally Productive Uses:The maximally productive use of the subject site would be the optimum density developmentthat would conform to the zoning and platting requirements. Highest and Best Use: As If Vacant:The subject property has good potential for single family residential development. Thezoning is residential and the surrounding vacant land uses will likely become residential. There is demonstrated demand forresidential development land in the local and competing markets.Therefore, the highest and best use is estimated to be for ausewhich maximizes the residential development potential of the subject property without exceeding the demands of the market. Grand Island Council Session - 12/27/2016 Page 125 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 20 THE APPRAISAL PROCESS Those processes available for a comprehensive analysis of the value being sought are broadly characterized into three basic approaches:the sales comparison approach, the income capitalization approach, and the cost approach. Under ideal circumstances, the threeapproaches can be employed in classic form, each giving an independent indication of value. Then the three approaches can becorrelated and a final estimate of value can be concluded. The underlying principle to all three approaches is the principle ofsubstitution. This principle holds that an informed person will not paymore for a propertythan what it would cost to acquire an equallyfunctional, desirable, and valuable substitute. Cost Approach The cost approach consists of the estimated replacement cost new of the improvements, from which all forms of accrued depreciationare deducted to arrive at a depreciated replacement cost. To the depreciated replacement cost is added the land value by the salescomparison approach. Physical depreciation encompasses that loss from the upper limit of value due to physical deterioration resulting from age, weather, andwear. Also in the cost approach is functional obsolescence, which, if present is a loss in value due to a lack of market acceptanceresulting from poor or out-dated improvement design. The economic feasibility of repairing or updating either the functional or physicaldepreciation determines if either of the above described is curable or incurable. Economic or external obsolescence is the final form of depreciation that is considered in the Cost Approach. It is seldom curable as itresults from outside or external influences on the property. The cost approach tends to indicate value by a form of history, which depicts what the improvements would cost to replace new andthen deducts for the ravages of age and changing time. Sales Comparison Approach With the sales comparison approach, a direct comparison of the property being appraised is made to other properties which have recently sold and have similar features. Adjustments are made to reflect differences in features between various characteristics of theproperties. Generallyspeaking, the sales comparison approach is considered to bethe most reliable of the three approaches as it directlymeasures the motivations of buyer and seller on a current basis. Income Capitalization Approach Where the cost approach tends to begin at a starting point in the past and bring current, the income capitalization approach tends to lookfrom the present position into the future bymeasuring the present worth of future projected income. Critical to the income capitalization approach is an estimated economic income based upon comparable situations, and an estimatedtypical rate of return on and of the property. To arrive at net income, estimated expenses are deducted from the gross property income. The net income is then capitalized into an indication of value. This method is most pertinent to investment/income producing propertiesand considers a property's worth in relation to its abilityto produce a net income. Summary All three approaches are considered and each of the three approaches will be implemented when sufficient data are available to give ameaningful indication of value. Variations from or a combination of these approaches may be used if deemed applicable to thecircumstances of the property. Because the subject propertyis vacant land we will utilize only the sales comparison approach in this assignment. Grand Island Council Session - 12/27/2016 Page 126 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 21 SALES COMPARISON APPROACH The sales comparison approach is a process of comparing market data; that is, prices paid for similar properties. Market data, whencarefully verified and analyzed, are good evidence of value since they represent the actions and reactions of sellers, users,andinvestors. In applying the sales comparison approach, an appraiser takes five steps: 1.Seeks out similar properties for which pertinent sales, listings, and data are available. 2.Qualifies the prices as to terms, motivating forces, and bona fide nature. 3.Compares each comparable property's important attributes with the corresponding ones of the property being appraised,under the general division oftime, location, and physical characteristics. 4.Considers all dissimilarities in terms oftheir probable effect upon the sale price. 5.Formulates an opinion of the relative value of the property being appraised, as compared with the price of eachcomparable property. As previously noted, this approach to value provides an indication of value based upon comparison to other similar properties whichhave recentlysold. The sales research effort includes individual sales gathered and analyzed by us, as well as data supplied by brokers, clients, nationalservices, and other appraisers. While the data provided is considered reliable no warranty is given to that effect and representation ismade that a member of this firm has personallyinspected each property. Following is a list of sales of similar residential land that provide an adequate range of values from which to estimate a value for thesubject property. Comparable Sales Land Sale No. 1 LOCATION:East U.S. Highway 34 and South Locust Street, Grand Island, Nebraska GRANTOR:Wayne Vanosdall Sanitation, Inc. GRANTEE:Talon Apartments, Inc. LEGAL:Lot 3,Vanosdall 2nd Subdivision,City of Grand Island, Hall County,Nebraska INSTRUMENT:201604402 SALE DATE:July 13, 2016 SALE PRICE:$300,000 LAND SIZE (AC):6.76 SALE PRICE (PAC):$44,379 COMMENTS:This vacant tract of land is located near the northeast corner of the intersection of East U.S.Highway 34 and South Locust Street in southern Grand Island. It is currently being developedinto an apartment complex. Grand Island Council Session - 12/27/2016 Page 127 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 22 Land Sale No. 2 LOCATION:Nebraska Avenue/Jackson Drive/Sun Valley Drive, Grand Island, Nebraska GRANTOR:Bosselman Leasing, LLC GRANTEE:TPCR Developments, LLC LEGAL:Lots 1 thru 11, Pleasant View 14th Subdivision and Lots 1 thru 31, Pleasant View 16th Subdivision,City of Grand Island, Hall County, Nebraska INSTRUMENT:201604350 SALE DATE:July 11, 2016 SALE PRICE:$212,000 LAND SIZE (AC):12.0 SALE PRICE (PAC):$17,667 COMMENTS:This vacant tract of land is platted for development. It is located in southeast Grand Island, justnorth of Fonner Park. It consists of lots along Nebraska Avenue, Jackson Drive, and SunValley Drive. Land Sale No. 3 LOCATION:1920 –1921 Sagewood Avenue, Grand Island, Nebraska GRANTOR:Blender, LLC GRANTEE:HC of Grand Island, LLC LEGAL:Lots 1 and 2, Starlite Subdivision, City of Grand Island, Hall County, Nebraska INSTRUMENT:201505080 SALE DATE:July 27, 2015 SALE PRICE:$430,183 LAND SIZE (SF):815,879 SALE PRICE (PSF):$0.53 COMMENTS:This is the sale of two large residential lots in northwest Grand Island. They are locatedalong the south side of West State Street, west of U.S. Highway 281, and east of NorthRoad. They are zoned R4-High Density Residential Zone. Land Sale No. 4 LOCATION:3763 West Capital Avenue, Grand Island, Nebraska GRANTOR:Niedfelt Property Management, LLC GRANTEE SB Communities, LLC LEGAL:Lot 2, Sterling Estates 2nd Subdivision, City of Grand Island, Hall County, Nebraska INSTRUMENT:2013-9253 SALE DATE:November 21, 2013 SALE PRICE:$208,043 LAND SIZE (SF):313,632 SALE PRICE (PSF):$0.66 COMMENTS:This is the sale of a large residential lot in northwest Grand Island. It is located along the southside of West Capital Avenue, west of U.S. Highway 281, and east of North Road. It is zonedRD-Residential Development Zone. Construction of an apartment complex is underway. Grand Island Council Session - 12/27/2016 Page 128 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 23 Comparable Land Sales Map Grand Island Council Session - 12/27/2016 Page 129 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 24 Explanation of Data Analysis and Adjustments The comparable sales outlined above illustrate varying characteristics. All are similar residential land in Grand Island. It is ouropinion that they represent a reasonable cross-section of the marketplace from which to select a reliable estimate of value for thesubject property. All sales were analyzed for property rights conveyed, special financing and/or atypical market conditions and no adjustments werenecessary for these characteristics. In addition, they were analyzed for the passage of time and physical characteristics includinglocation, visibility/access, size, and functional utility. Below is a description and explanation of the adjustments utilized. Date of Sale:The sales occurred from November, 2011,through July, 2016. Analysis indicates that sales prices forsimilar properties in the Grand Island marketplaces have increased by 2% to 5% per year over the last several years. Forthe purpose of this report we have utilized an annual adjustment of 2.0% for the passage of time calculated and applied as its monthly equivalent. Location:The location of a property has an effect on its desirability.The subject property is located in northwest GrandIsland in an area of residential development.It is located in the southwest corner of this development area that has just begun to see increasing demand.Sales 1, 3, and 4 are closer to commercial corridors with more popular demand and wereadjusted downward by 25% for their superior location. Sale 2 is located in an area similar to the subject and was notadjusted. Size:The subject property has 5.04 acres of land. Smaller properties tend to sell for higher per-square-foot pricesrequiring a downward adjustment, while larger properties would be adjusted upward. This adjustment is sometimesreferred to as the economy of scale and is occasionally attributed to the amount of capital needed to purchase larger properties and subsequently causing increased competition for smaller ones. It is typically present in all aspects of realproperty including vacant land and construction costs.We analyze this characteristic on a continual basis to extractpatterns of change for variation in size. Analysis of these and other sales, plus utilization of a simple regression analysis,indicates that Sales 2 and 3 required adjustments and were adjusted accordingly. Access/Visibility:This characteristic deals with the actual location within the marketplace and how that location relatesto access and visibility by customers, clients, and the public.Sale 1 is located near the northeast corner of the intersectionof South Locust Street and U.S. Highway 34, two major traffic roads in the city and was adjusted downward by 25% forsuperior access and visibility. Functional Utility:This characteristic looks at the overall utility of each of the sold properties and compared to the subject.All sales aresimilar to the subject and no adjustments were made. Net Adjustment:The adjustments have been applied in the following table to illustrate the sale price per square foot foreach comparable property before and after adjustment. The individual adjustments are indicated as positive or negative percentages on the table. In those instances where the sale was inferior to the subject, a positive adjustment was utilizedand has been denoted in blue. In those cases where the sale was superior to the subject, a negative adjustment was utilizedand those are denoted in red. The adjustments are summed to arrive at the net adjustment. The sales have been adjusted based upon the analysis cited above and are illustrated in the following table. Grand Island Council Session - 12/27/2016 Page 130 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 25 Sales Adjustment Table Subject Sale 1 Sale 2 Sale 3 Sale 4 Engleman Rd Hwy 34 Nebraska Ave 1920-1921 Sagewood 3763 W Capital Ave Sale Price:$300,000 $212,000 $430,183 $208,043 Sale Price/ac:$44,379 $17,667 $22,968 $28,895 Date of Sale:11/30/2016 7/13/2016 7/11/2016 7/27/2015 11/21/2013 Adjustment:0.8%0.8%2.7%6.1% Adjusted Price/psf:$44,724 $17,806 $23,595 $30,669 Physical Characteristics Location:Superior Similar Superior Superior Adjustment:-25%0%-25%-25% Size (ac):5.04 6.76 12.00 18.73 7.20 Adjustment:0%10%20%0% Access/Visibility:Superior Similar Similar Similar Adjustment:-25%0%0%0% Functional Utility:Similar Similar Similar Similar Adjustment:0%0%0%0% Total Adjustment Factor:-50%10%-5%-25% Indicated Value/ac:$22,362 $19,587 $22,416 $23,002 Final Correlation of Land Value Before adjustment the sales portrayed a range of values from $17,667 to $44,379 per acre. After adjustment the range became muchcloser, from $19,587 to $23,002 with an arithmetic mean of $21,841 and median of $22,389.The table includes both positive andnegative adjustments of minimal amounts indicating an adequate and credible cross section of the marketplace. The adjustments werebased in analysis and fact and are considered reliable. After consideration of all information and analysis provided in this approach it is our opinion that the value of the subject site is $22,000per acre.This calculates to a market value estimate as shown below. 5.04 acres x $22,000 =$110,902 Called:$110,000 ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) Grand Island Council Session - 12/27/2016 Page 131 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 26 This page intentionally left blank. Grand Island Council Session - 12/27/2016 Page 132 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY 27 ADDENDA Grand Island Council Session - 12/27/2016 Page 133 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY i Zoning Regulations §36-63.(R-2)Low Density Residential Zone Intent: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. (A)Permitted Principal Uses: The following principal uses are permitted in the (R-2) Low Density Residential Zoning District. (1) Dwelling units (2) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (3) Public parks and recreational areas (4) Country clubs as defined herein (5) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level and colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (6) Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature (7) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities, and other general system facilities when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties. (8) Public and quasi-public buildings for cultural use (9) Railway right-of-way, but not including railway yards or facilities (10) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto] (B)Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (R-2) Low Density Residential Zoning District as approved by City Council. (1) Preschools, nursery schools, day care centers, children's homes and similar facilities (2) Towers (3) Off-street parking areas for schools and places of religious worship/instruction on lands adjacent to and within three hundred (300.0) feet of the principal building associated with the aforementioned uses. (4) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto] (C)Permitted Accessory Uses: (1) Customary home occupations (2) Buildings and uses accessory to the permitted principal use (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Area per Dwelling Unit Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 6,000 6,000 50 25 20 5 12 ½35%35 Conditional Uses 6,000 6,000 50 25 20 5 12 ½35%35 (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Grand Island Council Session - 12/27/2016 Page 134 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY ii PROFESSIONAL QUALIFICATIONS OF ROBIN HENDRICKSEN Mr. Robin L. HendricksenNebraska General Certification: 920625 www.hendricksenappraisal.comhapprco@aol.com EXPERIENCE SUMMARY HENDRICKSEN APPRAISAL COMPANY Owner, Commercial Appraiser, 2005 -Current2514 North Webb RoadGrand Island, NE 68803 Douglas County Assessor’s Office, Omaha, NESenior Appraiser Manager, 2004 -2005 Great Plains Appraisal Co., Lincoln, NEStaff Appraiser, Commercial Division, 2003 -2004 Robin Hendricksen Appraisal and Consulting Services, 2002 -2003 Owner, Commercial Appraiser Lancaster County Assessor’s Office, Lincoln, NEChief Administrative Deputy, 1991 to 2002 Gage County Board of Equalization,Beatrice, NEProtest Referee, 1996 to 2004 Great Plains Appraisal Co., Lincoln, NEContractAppraiser (part time), Commercial Department, 1994 to 1996 Lancaster County Assessor’s Office, Lincoln, NECommercial Appraisal Supervisor, 1988 -1991 Strategis Asset and Management Company, Chicago, IL Commercial/Industrial Appraiser, 1986 -1988 Dodge County Assessor’s Office, Fremont, NE Chief Appraiser, 1982 -1986 Custer County Assessor’s Office, Broken Bow, NE Deputy Assessor, 1975 -1979 EDUCATION Chadron State College, Chadron, NE Industrial Arts, 1970 -1971 Kearney State College, Kearney, NE English/Physical Education, 1971 –1973 Mid-Plains Community College,North Platte, NE Real Estate Principles and Practices, 1976 The Appraisal Institute Mark to Market: The New FIRREA?, 2002 Appraisal Consulting, 2003 Using Your HP12C Financial Calculator, 2006 Eminent Domain and Condemnation, 2006 Subdivision Analysis, 2008 Distressed Commercial Real Estate, Here We Go Again, 2009 Appraising Convenience Stores, 2012 Business Practices and Ethics, 2013 Grand Island Council Session - 12/27/2016 Page 135 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY iii EDUCATION (continued) International Association of Assessing Officers Application of Residential Appraisal Modeling Concepts, 2000 Income Approach to Value, 1996 CAMA Valuation Model Building, 1993 Contemporary Capitalization Techniques, 1992 Multiple Regression Analysis for Real Property Valuation, 1989 Mass Appraisal of Income Producing Property, 1988 Development and Writing of Narrative Appraisal Reports, 1982 Appraisal of Land, 1978 Appraisal of Income Producing Properties, 1976 Introduction to the Fundamentals of Real Property Appraisal, 1975 Gateway College, Lincoln, NE Computer Networking/Novell, 1995 Society of Real Estate Appraisers Applied Income Property Valuation, 1990 American Institute of Real Estate Appraisers Capitalization Theory and Techniques-Part “A”, 1989 Capitalization Theory and Techniques-Part “B”, 1989 Mid-West Appraiser’s Association Cost Approach Overview Seminar, 1998 McKissock Education Appraising & Analyzing Industrial Flex Buildings, 2012 The Moore Group,Lincoln, NE Uniform Standards of Professional Appraisal Practice (2 day course) 2001, 1989 Uniform Standards of Professional Appraisal Practice (update) 2014, 2012, 2010, 2008, 2006, 1998 Scope of Work: Understanding, Determining & Disclosing (1 day course) 2006 Foreclosures, 2008 Nebraska Residential Report Writing Update, 2010 Valuation by Comparison: Residential Analysis and Logic, 2012 Report Writing Update and Case Studies, 2014 Statistics, Modeling and Finance, 2014 Nebraska Supervisory Appraiser & Appraiser Training, 2015 Nebraska Real Property Appraiser Board, Lincoln, NE Ed Tour –General Review, 2009 Appraisal Review Training, 2009, 2007, 2003, 2001, 1998 LICENSES, DESIGNATIONS AND ACCOMPLISHMENTS Nebraska Certified General Real Property Appraiser, CG 920625 (1992) Nebraska Licensed Appraiser (1981) Review Appraiser-Nebraska Real Property Appraiser Board Core Curriculum Committee-Nebraska Real Property Appraiser Board Expert witness-Nebraska State Board of Equalization Expert witness-Nebraska Tax Equalization and Review Commission Expert witness-Various Nebraska District Courts Expert witness-Nebraska Unicameral Revenue Committee Expert witness-Nebraska Property Tax Administrator AREA SERVICED All counties west of Lancaster (Lincoln) All counties east of Colorado and Wyoming State Lines All counties north of the Kansas State Line All counties south of the South Dakota State Line Grand Island Council Session - 12/27/2016 Page 136 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY iv Appraiser Certification Grand Island Council Session - 12/27/2016 Page 137 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY v PROFESSIONAL QUALIFICATIONS OF JONATHANHAACK Mr. Jonathan F. Haack Nebraska Trainee Certification: 2014015 www.hendricksenappraisal.com happrco2@aol.com EXPERIENCE HENDRICKSEN APPRAISALCOMPANY Appraiser Trainee, 2013 -Current 2514 North Webb Road Grand Island, NE 68803 EDUCATION Doane College; Grand Island, NE Bachelors Degree in Accounting, 2013-2014 Central Community College; Grand Island, NE Associates Degree in Accounting, 2012-2013 The Appraisal Institute Advanced Income Capitalization, 2015 General Appraiser Report Writing and Case Studies, 2015 General Appraiser Site Valuation and Cost Approach, 2015 General Appraiser Income Approach/Part 2, 2015 General Appraiser Sales Comparison Approach, 2015 General Appraiser Market Analysis and Highest and Best Use, 2015 General Appraiser Income Approach/Part 1, 2014 The Moore Group,Lincoln, NE 2016-2017 Uniform Standards of Professional Appraisal Practice Update, 2016 Nebraska Supervisory Appraiser and Trainee Appraiser Training, 2015 Statistics, Modeling, and Finance, 2014 2014-2015 Uniform Standards of Professional Appraisal Practice, 2013 Basic Appraisal Procedures, 2013 Basic Appraisal Principles, 2013 LICENSES, DESIGNATIONS AND ACCOMPLISHMENTS Nebraska Certified Trainee Real Property Appraiser, T2014015 (2014) Grand Island Council Session - 12/27/2016 Page 138 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY vi Appraiser Certification Grand Island Council Session - 12/27/2016 Page 139 / 276 Copyright 2016,HENDRICKSEN APPRAISAL COMPANY Grand Island Council Session - 12/27/2016 Page 140 / 276 Grand IslandCouncil Session - 12/27/2016Page 141 / 276 Page | 1 PURCHASE AGREEMENT This Purchase Agreement is entered into by and between: Seller: THE GUARANTEE GROUP, L.L.C., a Nebraska Limited Liability Company Seller's address: 1912 West Anna Street, Grand Island, NE 68803 Seller's taxpayer ID number: Buyer: CITY OF GRAND ISLAND, a body politic and corporate and a political subdivision of the State of Nebraska. Buyer's Address 100 East First Street, P.O. Box 1968, Grand Island, NE 68802 Purchase Price: $110,000.00 Earnest Money Deposit: $0.00 (none) Closing date and place: January 31, 2017 at Grand Island Abstract Escrow & Title Co. Title Insurance Commitment Due Date: January 17, 2017 Real Estate Taxes: All taxes related to the Property for 2016 and all prior years shall be paid by Seller at or prior to closing. Any tax related to the Property for 2017 shall be prorated to the date of Closing based on the most recent property valuation and the most recent mill levy. Certified or Cashiers Check due at Closing from Buyer: $110,000.00 "Property" Legal Description: A tract of land comprising a part of the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of said Northwest Quarter (NW1/4); thence running northerly on the westerly line of said Northwest Quarter (NW1/4), on an Assumed Bearing of N00º19'24"E, a distance of Five Hundred Fifty Nine and Eighty Five Hundredths (559.85) feet; thence running S89º42'40"E, a distance of Four Hundred Thirty One and Sixty Nine Hundredths (431.69) feet; thence running S00º37'21"W, a distance of Five Hundred Sixty Five (565.00) feet, to a point on the southerly line of said Northwest Quarter (NW1/4); thence running N89º01'26"W, a distance of Four Hundred Twenty Eight and Seventy Seven Hundredth (428.77) feet to the Point of Beginning and containing 5.555 acres more or less. RECITALS Seller is the owner and developer of certain real property (the "Property") legally described above; and Seller desires to sell and Buyer desires to acquire the Property, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of, and based on, the foregoing Recitals and the mutual promises and agreements Grand Island Council Session - 12/27/2016 Page 142 / 276 Page | 2 set forth below, the parties agree as follows: 1 TRANSFER OF PROPERTY. 1.1 SALE AND PURCHASE. At Closing (as hereinafter defined), Seller shall sell to Buyer, and Buyer shall purchase from Seller the Property. 1.2 PURCHASE PRICE AND PAYMENT. Buyer shall pay to Seller the "Purchase Price" above stated of which the "Earnest Money Deposit" has been received by Seller on the date hereof with a balance payable at Closing, subject to adjustments and prorations as herein provided. 1.3 CLOSING. The closing of the purchase and sale of the Property shall take place upon the date and at the place designated above; provided, however, closing shall be automatically extended until the appropriate governing bodies have approved or rejected the license and permits contemplated by Section 2 hereof, or at such other time, date and place as the parties may mutually agree (the "Closing"). 1.4 TITLE AND POSSESSION. Seller agrees to deliver at Closing a general warranty deed to the Property conveying to Buyer marketable title to the Property, free and clear of all mortgages, deeds of trusts, leases, encumbrances, liens, statutory rights, assessments, covenants, charges or adverse claims of any kind or character whatsoever, except for easements and restrictions of record that are acceptable to Buyer and its counsel. Seller shall deliver possession to the Property to Buyer at the time of Closing. 1.5 TITLE INSURANCE. On the Title Insurance Commitment due date designated above Seller shall furnish Buyer and its counsel with a commitment for an owner's policy of title insurance in the amount of the purchase price which insures marketable title to the Property, subject only to the easements, restrictions and other matters of record that are acceptable to the Buyer and its counsel. Written notice of any easement, restriction or other matter affecting title to the Property that is unacceptable to Buyer or its counsel shall be delivered to Seller within two (2) weeks from receipt of the commitment. Written notice of any easement, restriction or other matter affecting title to the Property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Seller within ten (10) days from receipt of such commitment. Seller shall have a reasonable period, not exceeding thirty (30) days, to cure any unacceptable easement, restriction or other matter affecting title to the Property. The premium for the title insurance policy shall be paid by the Seller. 1.6 ENVIRONMENTAL AFFIDAVIT. Seller represents that its members and officers have no knowledge of any adverse environmental conditions which affect the Property, the value thereof, or liability in connection therewith, except such environmental conditions as have been fully disclosed to the Buyer. Seller shall provide an affidavit at closing, affirming the statement made in the prior sentence as of the date of closing, directed to Buyer and to Buyer's lender. If Seller is unable to provide such an affidavit at closing because of facts discovered or made known to Seller after the date of this Agreement, Buyer may elect, in Buyer's sole discretion, to either (i) accept the Property based upon such affidavit as Seller can provide based upon the facts then known; or (ii) terminate this Agreement, in which event all sums paid to Seller pursuant to this Agreement shall be returned to Buyer within five business days and neither party shall have any further obligation or liability to the other. 1.7 TAXES, ASSESSMENTS AND OTHER COSTS. All taxes related to the Property as stated above shall be paid by Seller at or prior to closing. Any tax related to the Property as stated above shall be prorated to the date of Closing based on the most recent property valuation and the most recent mill levy. Any special assessment arising out any improvement completed or under construction prior to Closing, whether then levied or unlevied, assessed or unassessed, shall be borne by Seller. Seller shall pay any and all transfer taxes or similar fees which are payable upon the recording of the warranty deed from Seller to Buyer. The costs of the preparation of all documents and other related expenses in connection with the sale of the Property and the closing of the sale shall be paid by the Buyer. 2 REPRESENTATIONS AND WARRANTIES. 2.1 REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to Buyer as follows: Grand Island Council Session - 12/27/2016 Page 143 / 276 Page | 3 2.1.1.1 ORGANIZATION; POWER; GOOD STANDING. Seller is a limited liability company duly organized and validly existing in good standing under the laws of the State of Nebraska and has all requisite power and authority to own and operate its property and carry on its business as now being conducted and to enter into this Agreement and perform the obligations hereunder. The Company Secretary shall certify the sale is in the usual and regular course of business pursuant to the terms and conditions determined by its members. 2.1.2 AUTHORITY RELATIVE TO AGREEMENT. This Agreement has been duly executed and delivered by Seller and constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws affecting the enforcement of creditor's rights generally, or by judicial discretion in connection with the application of equitable remedies. Seller is the owner of the Property and no other persons have any interest in such real estate, except as set forth in this Agreement. 2.1.3 EFFECT OF AGREEMENT. The execution, delivery and performance of this Agreement by Seller and the consummation of the transactions contemplated hereby have been duly authorized by all necessary action by Seller and will not require the consent, waiver, approval, license or authorization of any person or public authority on the part of Seller to be obtained; and will not violate, with or without the giving of notice and/or the passage of time, any provision of law applicable to Seller, and will not conflict with or result in a breach or termination of any provision of, or constitute a default under, or result in the creation of any lien, charge or encumbrance upon the Property pursuant to any mortgage, deed of trust, indenture or other agreement or instrument or any order, judgment, decree, statute, regulation or any other restriction of any kind or character whatsoever, to which Seller is a party or by which the Property may be bound. 2.1.4 BROKERS. Seller has not entered into any contract, arrangement or understanding with any person or firm which may result in the obligation of Buyer to pay any finder's fee, brokerage or agent's commission or other like payment in connection with the negotiations leading to this Agreement or the consummation of the transactions contemplated hereby, and Seller is not aware of any claim or basis for any claim for payment of any finder's fee, brokerage or agent's commission or other like payment in connection with the negotiations leading to this Agreement or the consummation of the transactions contemplated hereby. 2.1.5 HAZARDOUS MATERIAL. No hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum product has been released into the environment, discharged, placed or disposed of at, near, or on the Property. The Property has not been used at any time by any person as a landfill or waste disposal site. No claims, litigation, administrative proceedings, are pending or threatened, and no judgments or orders have been entered relating to any hazardous substance, hazardous waste, discharge, emission or other form of pollution relating in any way to the Property. No hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act, as amended, 42 U.S.C. section 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. section 9601 et seq., has been generated, manufactured, refined, transported, treated, stored, handled or disposed of on, at or near the Property. 2.1.6 SPECIAL ASSESSMENTS AND LIENS. No costs or expenses of any kind or character whatsoever associated with the construction or maintenance of any street, sidewalk, parking area or utility improvement surrounding or serving the area adjacent to the Property, including, without limitation, the costs and expenses attributable to paving, extension of water, sanitary sewer, storm sewer lines, street and parking lot lighting, street signs, engineering design and city engineering will be assessed against the Property. 2.1.7 FLOODPLAIN. The property is not located in a designated floodplain. Grand Island Council Session - 12/27/2016 Page 144 / 276 Page | 4 2.1.8 ENDANGERED SPECIES. Seller is unaware of the property being a home to an endangered species. 2.2 REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants to Seller as follows: 2.2.1 ORGANIZATION; POWER; GOOD STANDING. Buyer is a body politic and corporate and a political subdivision of the State of Nebraska and is duly organized and validly existing under the laws of the State of Nebraska and has all requisite power and authority to own properties and to enter into this Agreement and perform the obligations hereunder. 2.2.2 AUTHORITY RELATIVE TO AGREEMENT. This Agreement has been duly executed and delivered by Buyer and constitutes a legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization, or other laws affecting the enforcement of creditor's rights generally, or by judicial discretion in connection with the application of equitable remedies. 2.2.3 EFFECT OF AGREEMENT. The execution, delivery, and performance of this Agreement by Buyer and the consummation of the transactions contemplated hereby have been duly authorized by all necessary action by Buyer and, except as contemplated hereby, will not require the consent, waiver, approval, license, or authorization of any person or public authority on the part of Buyer to be obtained; and will not violate, with or without the giving of notice and/or the passage of time, any provision of law applicable to Buyer, and will not conflict with or violate any instrument, agreement, order, judgment, decree, statute, regulation, or any other restriction of any kind or character to which Buyer is a party. 2.2.4 BROKERS. Buyer has not entered into any contract, arrangement or understanding with any person or firm which may result in the obligation of Seller to pay any finder's fee, brokerage or agent's commission, or other like payment in connection with the negotiations leading to this Agreement or the consummation of the transactions contemplated hereby, and Buyer is not aware of any claim or basis for any claim for payment of any finder's fee, brokerage or agent's commission, or other like payment in connection with the negotiations leading to this Agreement or the consummation of the transactions contemplated hereby. 3 OTHER AGREEMENTS. 3.1 INDEMNIFICATION. 3.1.1 INDEMNIFICATION BY SELLER. Upon the terms and subject to the conditions set forth in this Agreement, Seller agrees to indemnify and hold Buyer harmless against, and will reimburse Buyer upon demand for, any payment, loss, cost or expense (including reasonable professional fees and reasonable costs of investigation incurred in defending against such payment, loss, cost or expense or claim therefore) made or incurred by or asserted against Buyer in respect of any and all damages or deficiencies resulting from: 3.1.1.1 any omission, misrepresentation, breach of warranty, or non-fulfillment of any term, provision, covenant, or agreement on the part of Seller contained in this Agreement; 3.1.1.2 any environmental matter which is related to the Property and involves an event occurring or condition existing prior to Closing; and 3.1.1.3 any deed, exhibit, certificate, instrument or other agreement furnished or to be furnished by Buyer pursuant to this Agreement or any other agreement involving the parties hereto and contemplated hereby. 3.1.2 INDEMNIFICATION BY BUYER. Upon the terms and subject to the conditions set forth in this Agreement, Buyer agrees to indemnify and hold Seller harmless against, and will reimburse Seller upon demand for, any payment, loss, cost or expense (including reasonable professional fees and reasonable costs of investigation incurred in defending against such payment, loss, cost or expense or claim therefore) made or incurred by or asserted against Seller in respect of any and all damages or deficiencies resulting from any omission, misrepresentation, breach of Grand Island Council Session - 12/27/2016 Page 145 / 276 Page | 5 warranty, or non-fulfillment of any term, provision, covenant, or agreement on the part of Buyer contained in this Agreement or any exhibit, certificate, instrument, or other agreement furnished or to be furnished to Seller pursuant to this Agreement or any other agreement involving the parties hereto and contemplated hereby. 3.1.3 CONDITIONS OF INDEMNIFICATION. With respect to any actual or potential claim, any written demand, commencement of any action, or the occurrence of any other event which involves any matter or related series of matters (a "Claim") against which a party hereto is indemnified (the "Indemnified Party") by another party (the "Indemnifying Party") under this Agreement: 3.1.3.1 Promptly after the Indemnified Party first receives written documents pertaining to the Claim, or if such Claim does not involve a third party Claim, promptly after the Indemnified Party first has actual knowledge of such Claim, the Indemnified Party shall give notice to the Indemnifying Party of such Claim in reasonable detail and stating the amount involved, if known, together with copies of any such written documents; and 3.1.3.2 If the Claim involves a third party Claim, then the Indemnifying Party shall have the right, at its sole cost, expense and ultimate liability regardless of outcome, through counsel of its choice, to litigate, defend, settle, or otherwise attempt to resolve such Claim, except that the Indemnified Party may elect, at any time and at the Indemnified Party's sole cost, expense and ultimate liability, regardless of outcome, and through counsel of its choice, to litigate, defend, settle, or otherwise attempt to resolve such Claim. If the Indemnified Party so elects (for reasons other than the Indemnifying Party's inability, failure, or refusal to provide a defense to such Claim), then the Indemnifying Party shall have no obligation to indemnify the Indemnified Party with respect to such Claim. In any event, all parties hereto shall fully cooperate with any other party and their respective counsel in connection with any such litigation, defense, settlement, or other attempt at resolution. 3.2 INSPECTION AND TESTING. At any time after the date of this Agreement, Buyer and its employees and agents shall have the right to enter upon the Property and perform such tests and inspections as it deems necessary to determine suitability of the Property for its intended use. Buyer shall restore the Property to original condition if such tests alter the grade, compaction, or vegetation. 4 CONDITIONS OF CLOSING. 4.1 BUYER'S CONDITIONS OF CLOSING. Unless waived by Buyer in writing, the obligations of Buyer under this Agreement are subject to fulfillment of the following conditions: 4.1.1 WARRANTY DEED AND TITLE INSURANCE COMMITMENT. Buyer shall receive at Closing a warranty deed for the Property and a commitment for title insurance in accordance with this Agreement. 4.1.2 CONDITION OF PROPERTY. Within sixty (60) days from the date of this Agreement, Buyer has approved the soil condition of the Property and all conditions, limitations, requirements, rules, and regulations of any governmental agency having jurisdiction over the Property or its intended use. 4.1.3 ADVERSE CONDITIONS. As of Closing, there are no adverse conditions or circumstances which may interfere with Buyer's intended use or ability to encumber the Property. 4.1.4 REPRESENTATIONS AND WARRANTIES. There have been no material inaccuracies in the representations and warranties of Seller and such representations and warranties shall be true as of Closing as though made on and as of such date and Buyer shall have received a certificate dated as of Closing to that effect. 4.2 SELLER'S CONDITIONS OF CLOSING. Unless waived by Seller in writing, the obligations of Seller under this Agreement are subject to fulfillment of the following conditions: Grand Island Council Session - 12/27/2016 Page 146 / 276 Page | 6 4.2.1 PAYMENT. At Closing, Seller shall receive from Buyer a certified or cashier's check as designated above.. 4.2.2 REPRESENTATIONS AND WARRANTIES. There have been no material inaccuracies in the representations and warranties of Buyer and such representations and warranties shall be true as of Closing as though made on and as of such date and Seller shall have received a certificate dated as of Closing to that effect. 4.3 TERMINATION. If the conditions of Closing for a party have not been materially compiled with or performed and such noncompliance or nonperformance shall not have been waived by the other, such other party may terminate this Agreement and upon such termination neither Buyer nor Seller shall have any liability one to the other, except that Seller shall return the Earnest Money Deposit to Buyer. 4.4 RISK OF LOSS. All risk of loss or damage to the property by fire or other casualty until the delivery of the deed is assumed by the Seller, and in such event, the Buyer shall have the right and option to cancel this Agreement and receive all monies paid under the Agreement. 5 MISCELLANEOUS. 5.1 BINDING EFFECT; BENEFITS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding anything contained in this Agreement to the contrary, nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns any right, remedy, obligation, or liability under or by reason of this Agreement. 5.2 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 5.3 FURTHER ASSURANCES. Each of the parties hereto, without further consideration, agrees to execute and deliver such other documents and take such other action, whether prior to or subsequent to Closing, as may be necessary to more effectively consummate the intent and purpose of this Agreement. 5.4 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. 5.5 NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or 48 hours after being mailed registered or certified mail, return receipt requested, postage prepaid, to the party at the address designated above. 5.6 SEVERABILITY. If for any reason whatsoever, any one or more of the provisions of this Agreement shall be held or deemed to be inoperative, unenforceable, or invalid as applied to any particular case or in all cases, such circumstances shall not have the effect of rendering such provision invalid in any other case or of rendering any of the other provisions of this Agreement inoperative, unenforceable, or invalid. 5.7 SURVIVAL AND NONMERGER. All terms, conditions, representations, and warranties contained in this Agreement shall survive the execution hereof and the Closing hereunder, including, but not limited to, the execution and delivery of any deed related to the Property to be conveyed hereunder, and shall not merge into any deed. 5.8 TIME OF ESSENCE. The parties agree that time is of the essence in the performance of their respective obligations hereunder. 5.9 WAIVER. Either Buyer or Seller may, by written notice to the other, (a) extend the time for the performance of any of the obligations or other actions of the other under this Agreement; (b) waive any inaccuracies in the representations or warranties of the other contained in this Agreement or in any document delivered pursuant to this Agreement; (c) waive compliance with any of the conditions or covenants of the other contained in this Agreement; or (d) waive performance of any of the obligations of the other under this Agreement. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this Agreement. The waiver by any Grand Island Council Session - 12/27/2016 Page 147 / 276 Page | 7 party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. 5.10 CONSTRUCTION. The parties hereto acknowledge and agree that each party has participated in the drafting of this Agreement and that this document has been reviewed by the respective legal counsel for the parties hereto and that the normal rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not apply to the interpretation of this Agreement. No inference in favor of, or against, any party shall be drawn by the fact that one party has drafted any portion hereof. Executed: THE GUARANTEE GROUP, L.L.C., Seller CITY OF GRAND ISLAND, Buyer State of Nebraska ) ) ss. County of Hall ) The foregoing Purchase Agreement was acknowledged before me on December , 2016 by , member on behalf of Guarantee Group, L.L.C., a limited liability company, as Seller. _______________________________ Notary Public My commission expires: State of Nebraska ) ) ss. County of Hall ) The foregoing Purchase Agreement was acknowledged before me on December , 2016 by Jeremy L. Jensen, Mayor, on behalf of the City of Grand Island, as Buyer. _______________________________ Notary Public My commission expires:__________________ Grand Island Council Session - 12/27/2016 Page 148 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-309 WHEREAS, the City of Grand Island’s water system usage has increased to where additional capacity is required to allow future growth in the City, and an elevated storage tank is recommended by a recently completed Water System Master Plan; and WHEREAS, a site at the southwest corner of the Copper Creek housing area on Engleman Road between Potash Highway and Stolley Park Road (Copper Creek Estates Ninth Subdivision) was selected as best location meeting the requirement for the tank based on hydraulic characteristics of the water system and future community growth; and WHEREAS, discussion with The Guarantee Group was held regarding the acquisition of the site with an agreement for the Utilities Department to purchase approximately five (5) acres for $110,000.00, an amount determined by an independent appraiser; and WHEREAS, the Legal Department drafted a Purchase Agreement for the purchase of the property in the appraised and agreed upon amount of $110,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Purchase Agreement with The Guarantee Group of the Copper Creek Estates Ninth Subdivision property in the amount of $110,000.00 is hereby approved and the Mayor is authorized to sign the Agreement on behalf of the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 149 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-12 #2016-310 - Approving Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 12/27/2016 Page 150 / 276 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:December 27, 2016 Subject:Approval of Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services Presenter(s):Robert Falldorf, Police Chief Background The Police Department has been a charter member of the South Central Area Law Enforcement Service, SCALES, since the inception of the organization. Different agencies have joined the SCALES association since the inception of the association. The Clay County Sheriff’s Office has been approved for membership and we are requesting approval of the addendum for their membership. Discussion The Police Department has been a member of SCALES since 2006. SCALES agencies support one another during special events and or criminal investigations. Grand Island has received the support of SCALES in investigating cases such as officer involved in custody deaths and when President Bush came to Grand Island. In turn, our department has supported other SCALES agencies in criminal investigations and special events. SCALES agencies also pool funding to bring specialized training schools to the area. SCLAES has hosted several specialized courses in the area that multiple officers from the GIPD have been able to attend. Such training would be cost prohibitive for any one agency to provide. SCALES membership includes the Grand Island Police Department and the Police Departments from Hastings, Kearney, Lexington, Aurora, Holdrege and Cozad. It also includes the Hall, Adams, Buffalo, Dawson, Merrick, and Phelps County Sheriff’s Offices. The Clay County Sheriff’s Office has requested and been accepted for membership into SCALES. We are requesting approval of the addendum to provide for the Clay County Sheriff’s Office to become a member agency of SCALES. Grand Island Council Session - 12/27/2016 Page 151 / 276 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 Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services to provide for the Clay County Sheriff’s Office to become a member of SCALES. Sample Motion Move to approve the Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services to provide for the Clay County Sheriff’s Office to become a member of SCALES. Grand Island Council Session - 12/27/2016 Page 152 / 276 Grand Island Council Session - 12/27/2016 Page 153 / 276 Grand Island Council Session - 12/27/2016 Page 154 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-310 WHEREAS, The Grand Island Police Department has been a member of the South Central Area Law Enforcement Services, SCALES, interlocal since inception; and WHEREAS, SCALES has been a benefit to the Grand Island Police Department and the City of Grand Island; and WHEREAS, The Clay County Sheriff’s Office has requested and been approved to become a member agency of the SCALES interlocal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services to provide for the Clay County Sheriff’s Office to become a member of SCALES. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 155 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-13 #2016-311 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2016 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 156 / 276 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:December 27, 2016 Subject:Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2016 Presenter(s):John Collins PE, Public Works Director Background The City of Grand Island and the Nebraska Department of Roads have had an agreement for the maintenance of state highways within the City limits dating back to 1970. Maintenance responsibilities for State highways within the corporate City limits are defined by state statute. The Nebraska Department of Roads (NDOR) is responsible for the cost of the maintenance of the highway lanes through a community and the City is responsible for the cost of the maintenance of any highway widening including parking, additional thru lanes or left turn lanes. The statutes provide that the NDOR is to reimburse the City for work the City performs on NDOR’s highway lanes. Discussion The agreement requires the City to certify that it has completed the maintenance work required by the agreement for the 2016 calendar year. The NDOR performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and a portion of US Highway 30 from the west City limits to Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east City limits at Shady Bend Road. The City performs the surface maintenance on all state highways within the City limits. The net result of this exchange of services is a payment by the Nebraska Department of Roads to the City of Grand Island in the amount of $35,672.00. Grand Island Council Session - 12/27/2016 Page 157 / 276 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass a resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Move to approve the Certificate of Compliance for Maintenance Agreement No. 12. Grand Island Council Session - 12/27/2016 Page 158 / 276 Grand Island Council Session - 12/27/2016 Page 159 / 276 Grand Island Council Session - 12/27/2016 Page 160 / 276 Grand Island Council Session - 12/27/2016 Page 161 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-311 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2016 in accordance with the agreement; and WHEREAS, upon receiving the City’s Certificate of Compliance, the State will reimburse the City for maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2016; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 162 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-14 #2016-312 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2017 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 163 / 276 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:December 27, 2016 Subject:Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2017 Presenter(s):John Collins PE, Public Works Director Background Each year the City and the Nebraska Department of Roads enter into an agreement for the maintenance of Highways within the City Limits. The certification that calendar year 2016 work was performed by the City will be presented at tonight’s City Council meeting. The agreement for 2017 has been prepared. The content and scope of the agreement is the same as that of previous years. Discussion The maintenance responsibilities by statute are detailed in Exhibit A of the agreement. Calculations for payments are detailed in Exhibit B. Surface maintenance and snow removal responsibilities from an operational efficiency stand point are detailed in Exhibit C. The net result of this exchange of services for 2017 will be a payment to the City of $35,212.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 12/27/2016 Page 164 / 276 Recommendation City Administration recommends that the Council pass a resolution approving Maintenance Agreement No. 12 for calendar year 2017. Sample Motion Move to approve Maintenance Agreement No. 12 for calendar year 2017. Grand Island Council Session - 12/27/2016 Page 165 / 276 Grand Island Council Session - 12/27/2016 Page 166 / 276 Grand Island Council Session - 12/27/2016 Page 167 / 276 Grand Island Council Session - 12/27/2016 Page 168 / 276 Grand Island Council Session - 12/27/2016 Page 169 / 276 Grand Island Council Session - 12/27/2016 Page 170 / 276 Grand Island Council Session - 12/27/2016 Page 171 / 276 Grand Island Council Session - 12/27/2016 Page 172 / 276 Grand Island Council Session - 12/27/2016 Page 173 / 276 Grand Island Council Session - 12/27/2016 Page 174 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-312 WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, this agreement requires annual renewal by both parties thereto; and WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance Agreement No. 12 to be effective January 1, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the City and the State of Nebraska Department of Roads for the term January 1, 2017 through December 31, 2017 is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 175 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-15 #2016-313 - Approving Certificate of Final Completion for Drywall Installation for the Fleet Services Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 176 / 276 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:December 27, 2016 Subject:Approving Certificate of Final Completion for Drywall Installation for the Fleet Services Division Presenter(s):John Collins PE, Public Works Director Background On November 8, 2016, via Resolution No. 2016-273, Indoor Air Technologies, Inc. of Victor, New York was awarded a contract for Fleet Services Drywall Installation in the amount of $26,700.00. This project allowed for placement of 5/8” drywall over the existing, with the new drywall also serving as an additional fire barrier. Fleet Services is responsible for a 6,000 square foot repair shop space located at 1111 W. North Front St. The ceiling drywall was aged with locations that fell last year and had to be patched. Work on the project commenced December 5, 2016 with completion established December 13, 2016. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. The drywall installation was completed at the total cost of $26,700.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Drywall Installation for the Fleet Services Division. Sample Motion Move to approve the Certificate of Final Completion for Drywall Installation for the Fleet Services Division. Grand Island Council Session - 12/27/2016 Page 177 / 276 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Fleet Services Drywall Installation CITY OF GRAND ISLAND, NEBRASKA December 27, 2016 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Fleet Services Drywall Installation has been fully completed by Indoor Air Technologies, Inc. of Victor, New York under the contract dated November 9, 2016. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Fleet Services Drywall Installation Description Total Fleet Services Drywall Installation $ 26,700.00 tem Total Costs Fleet Services Drywall Installation - $26,700.00 I hereby recommend that the Engineer’s Certificate of Final Completion for Fleet Services Drywall Installation be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 12/27/2016 Page 178 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-313 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Fleet Services Drywall Installation, certifying that Indoor Air Technologies, Inc. of Victor, New York, Nebraska, under contract, has completed such building improvement; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of such work; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Certificate of Final Completion for Fleet Services Drywall Installation in the total amount of $26,700.00 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 179 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-16 #2016-314 - Approving Renewal of Service Agreement with Granicus, Inc. for Live Streaming/Video Archive Staff Contact: Wendy Meyer-Schmidt, Public Information Officer Grand Island Council Session - 12/27/2016 Page 180 / 276 Council Agenda Memo From:Wendy Meyer-Schmidt, Public Information Officer Meeting:December 27, 2016 Subject:Approving Service Agreement with Granicus, Inc. for Live Streaming/Video Archive Presenter(s):Wendy Meyer-Schmidt, Public Information Officer Background Grand Island Television (GITV) was started in 1993 and is a Public Educational Governmental (PEG) station. Currently through the Cable Franchise Agreement GITV broadcasts on Charter Communications channels 180 and 187. GITV can also be viewed via an over-the-air digital signal on channel 50.1 In an attempt to reach a larger audience and create a mobile alternative for residents to easily acquire City of Grand Island and community information, GITV entered into a live streaming and video archive service agreement with Granicus, Inc. in March of 2011. Discussion This service agreement with Granicus, Inc. will continue to provide the City with the ability to live stream GITV channel 187, maintain an online video archive library, unlimited storage space, hosting, general maintenance services, and mobile device support. Streaming GITV gives the station the ability to reach not only people local to Grand Island and Hall County, but anyone who has an internet connection. This service gives greater viewing flexibility to the user as it can be used with all mobile devices and can be accessed any time, from any location. The video archive gives residents the ability to search city council meetings with key words or according to agenda items as all meetings are now indexed with each specific agenda item. Monthly GITV programs and other segment highlights are also archived. Live video streaming of city council meetings and GITV programs enhances the City’s transparency and improves the ability of residents to easily access local government. In addition, this continued service agreement gives residents another opportunity to engage Grand Island Council Session - 12/27/2016 Page 181 / 276 in city government and gain more awareness of city services, departments, and community topics. The service agreement with Granicus, Inc. is for a term of 36 months and will automatically renew in perpetuity for terms of one year unless written notification is received in writing at least 30 days prior to the automatic renewal date. The monthly fee for the first year of this service agreement is $285.31 and will increase 5% from the previous managed service annual fee for each of the following years. 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 the Council approve this continued live streaming/video archive service agreement with Granicus, Inc. Sample Motion Move to approve the live streaming/video archive service agreement with Granicus, Inc. Grand Island Council Session - 12/27/2016 Page 182 / 276 Grand IslandCouncil Session - 12/27/2016Page 183 / 276 Grand IslandCouncil Session - 12/27/2016Page 184 / 276 Grand IslandCouncil Session - 12/27/2016Page 185 / 276 Grand IslandCouncil Session - 12/27/2016Page 186 / 276 Grand IslandCouncil Session - 12/27/2016Page 187 / 276 Grand IslandCouncil Session - 12/27/2016Page 188 / 276 Grand IslandCouncil Session - 12/27/2016Page 189 / 276 Grand IslandCouncil Session - 12/27/2016Page 190 / 276 Grand IslandCouncil Session - 12/27/2016Page 191 / 276 Grand IslandCouncil Session - 12/27/2016Page 192 / 276 Grand IslandCouncil Session - 12/27/2016Page 193 / 276 Grand IslandCouncil Session - 12/27/2016Page 194 / 276 Grand IslandCouncil Session - 12/27/2016Page 195 / 276 Grand IslandCouncil Session - 12/27/2016Page 196 / 276 Grand IslandCouncil Session - 12/27/2016Page 197 / 276 Grand IslandCouncil Session - 12/27/2016Page 198 / 276 Grand IslandCouncil Session - 12/27/2016Page 199 / 276 Grand IslandCouncil Session - 12/27/2016Page 200 / 276 Grand IslandCouncil Session - 12/27/2016Page 201 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-314 WHEREAS, the City of Grand Island broadcasts city council meetings live and produces several recurring educational and informational segments, which residents can watch on Charter Communication channels 180 and 187, inclusive of 50.1 digital over-the-air; and WHEREAS, live and on demand video streaming of city council meetings and GTIV programming will continue to offer residents several options to easily acquire and access City of Grand Island and community information: and WHEREAS, the services provided by Granicus, Inc. will continue to improve accessibility, transparency, and will be responsive to the on-going needs of residents; and WHEREAS, the term of the agreement is thirty-six (36) months and shall automatically increase from the current monthly managed service fees, $285.31, by five (5) percent per annually. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the service agreement between the City of Grand Island and Granicus, Inc. is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. ___________________________________ Jeremy L. Jenson, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 202 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item G-17 #2016-315 – Approving Change Order No. 1 for the Veteran’s Athletic Soccer Field Bathroom/Concession Building Staff Contact: Todd McCoy Grand Island Council Session - 12/27/2016 Page 203 / 276 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:December 27, 2016 Subject:Approve Change Order No. 1; to Mid Plains Construction Co. of Grand Island, Nebraska for Furnishing and Installation of a New Restroom/Concession Building at the Veteran’s Athletic Soccer Field Presenter(s):Todd McCoy, Parks and Recreation Director Background On December 13, 2016 City Council approved, by Resolution 2016-306, the bid award to Mid Plains Construction Co. to build a new restroom/concession building at the Veterans Athletic soccer field in the amount of $239,750.00. Discussion Mid Plains Construction has recommended a process to remove frost and begin construction immediately. By removing the frost Mid Plains Construction is confident that the new facility can be ready for the spring soccer season. The additional cost of removing frost is $4,363.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 12/27/2016 Page 204 / 276 Recommendation City Administration recommends that the City Council approve Veterans Restroom/Concession Construction Change Order No. 1 in the amount of $4,363.00. Doing so will increase the total amount of the contract with Mid Plains Construction to $244,113. Sample Motion Move to approve Change Order No. 1 to Mid Plains Construction of Grand Island, Nebraska for the construction of a new restroom/concession building. Grand Island Council Session - 12/27/2016 Page 205 / 276 Grand Island Council Session - 12/27/2016 Page 206 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-315 WHEREAS, on December 13, 2016 by Resolution 2016-306, the City Council of the City of Grand Island awarded Mid Plains Construction Co. of Grand Island, Nebraska, the bid in the amount of $239,750.00, for the Furnishing and Installation of a New Restroom/Concession Building at the Veteran’s Athletic Soccer Field; and WHEREAS, it has been determined if frost can be removed from the ground construction can begin immediately; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $4,363.00 for a revised contract price of $244,113.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Mid Plains Construction Co. from Grand Island, Nebraska to provide the modifications set out as follows: Removing frost from the ground to begin construction……………………………..$4,363.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 207 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item H-1 Consideration of Approving a Request from Viaero Wireless for a Conditional Use Permit to allow for a 55’ Telecommunication Tower located at 2485 N. Diers Avenue This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Craig Lewis Grand Island Council Session - 12/27/2016 Page 208 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item H-2 Consideration of Forwarding Blighted and Substandard Area #21 (Craig and Lesa Dixson) to the Hall County Regional Planning Commission Staff Contact: Chad Nabity Grand Island Council Session - 12/27/2016 Page 209 / 276 Council Agenda Memo From:Chad Nabity, AICP Meeting:December 27, 2016 Subject:Proposed Blighted and Substandard Area #21 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for Craig and Lesa Dixon by Marvin Planning Consultants. This study is for approximately 35.62 acres of property in central Grand Island located along U.S. Highway 30, east of Stuhr Road. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. Mr. and Mrs. Dixon have submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. They own Dixon Trucking and property in this area and would proceed with further development of the property and expansion of their company at this location if the area can be declared blighted and substandard. The decision on whether to declare an area blighted and substandard is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. The question before Council will be whether to send the study to the Planning Commission for their review and feedback. If the item is not sent to the Planning Commission, the Council cannot declare the area blighted and substandard. Planning Commission will meet February 1, and would have a recommendation ready following that meeting. Once an area has been declared blighted and substandard, the CRA can accept redevelopment proposals for the area that might, or might not, include an application for Tax Increment Financing. Should this be approved, you can anticipate that the Dixons will submit an application for TIF to assist with the costs associated with fully developing this property. Grand Island Council Session - 12/27/2016 Page 210 / 276 Discussion The action item tonight relates to the study for proposed CRA Area No. 21 in central Grand Island as shown below. The study was prepared for 35.62 acres, of all of which are in the Grand Island City Limits. Jerry Janulewicz City Attorney has reviewed the Nebraska Statutes and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutes which provide for the creation of a redevelopment area or redevelopment project within a redevelopment area require the following procedure: A request is made to the city council to declare an area to be substandard and blighted and in need of development for purposes of enabling the creation of a redevelopment area or a redevelopment project within a redevelopment area. The city council submits the question of whether an area is substandard and blighted to the planning commission for its review and recommendation prior to making its declaration that an area is substandard and blighted. Grand Island Council Session - 12/27/2016 Page 211 / 276 The planning commission must submit its written recommendations within thirty days after receipt of the request. Upon receipt of the recommendations from the planning commission or after thirty days if no recommendation is received, the city council may make its findings and declaration with respect to the property within an area. Unless the city council of the city in which such area is located has, by resolution adopted after a public hearing with notice, declared such area to be a substandard and blighted area in need of redevelopment, the Community Redevelopment Agency cannot prepare a redevelopment plan for a redevelopment project area. Following a declaration that an area is substandard and blighted, the Community Redevelopment Agency is authorized to prepare or cause to be prepared and recommend redevelopment plans to the governing body of the city and to undertake and carry out redevelopment projects within its area of operation and may enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may deem necessary to prevent a recurrence of substandard and blighted areas or to effectuate the purposes of the Community Development Law, and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan. Within the area of operation of the Community Redevelopment Authority, the authority may exercise its statutory powers with respect to the redevelopment project. Neb. Rev. Stat. §§ 18-2107; 18-2109. As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998): A CRA is not authorized to prepare a redevelopment plan for a redevelopment project area unless the governing body of the city first enacts a resolution declaring such area to be “a substandard or blighted area in need of redevelopment.” § 18–2109. After such a declaration has been made and a redevelopment plan has been prepared and approved, a CRA is authorized to enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the [CRA] may deem necessary to prevent a recurrence of substandard or blighted areas ... and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA may utilize tax increment financing to pay for redevelopment projects undertaken pursuant to the CDL. § 18–2124. “Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to Grand Island Council Session - 12/27/2016 Page 212 / 276 assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The legislative intent underlying the Community Development Law is the elimination of blighted and substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the public and private sectors, not to aid private developers. Fitzke, id. At this point, Council is only making a decision about whether to forward the study to the Planning Commission for their recommendation or not. According to NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for its review and recommendation. The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Blighted Area of the Community The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of December 1, 2016, 19.80% of the City has been declared blighted and substandard. Area 21 would add another 0.19% bringing the total area declared to 19.98%. The CRA commissioned a study of the Veteran’s Home property (Proposed Area 16) that covered 530 acres and would, if approved, add 2.76% to the total area declared blighted and substandard. If both areas were to be approved and there are no changes in the city limits or areas declared blighted and substandard, 22.75% of the city would be declared blighted and substandard. It does not appear that the declaration of Area 21 would significantly impact the City’s ability to declare other areas blighted and substandard. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to forward the Study to the Planning Commission for its recommendation. 2.Move to not forward the Study to the Planning Commission for its recommendation. 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 - 12/27/2016 Page 213 / 276 Recommendation City Administration recommends that the Council move to forward the Study to the Planning Commission if Council wishes to consider the use of Tax Increment Financing as a redevelopment tool for this property. Sample Motion Move to adopt resolution to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 12/27/2016 Page 214 / 276 Grand Island, Nebraska Blight and Substandard Study - Area 21 Grand Island Council Session - 12/27/2016 Page 215 / 276 Grand Island Council Session - 12/27/2016 Page 216 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. This study has been commissioned by the CIK Investments in order to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under sections 18-2101 to 18-2144, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings and improvements, the disposition of any property acquired, and providing of necessary public improvements”. The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” Blight and Substandard are defined as the following: “Substandard areas means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” “Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which Grand Island Council Session - 12/27/2016 Page 217 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 2 endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a shall not designate an area larger than one hundred percent of the as blighted;” This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include:  The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and  A list of the conditions present which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area includes several industrial uses, commercial uses and a limited number of residential uses within the corporate limits of Grand Island. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area The Study consists of area described as follows: The Point of Beginning is the NW corner of a lot described as Bosselman Brothers Second Sub Lot 2; thence, northeasterly along the north property line of said lot and continuing northeasterly to the NE corner of a lot described as Bosselman Brothers Sub Lot 5; thence, southerly along the east property line of said lot and continuing southerly along the eastern property lines of properties until intersecting with the southeast corner of Lot A Stehr’s Sub Lot 10; thence westerly along the south lot line of said lot to the southwest corner of said lot; thence, southerly along the west property line of Lot E of Stehr’s Sub Lot 10 and continuing southerly along west property lines to the centerline of E. Seedling Mile Road; thence, westerly along said centerline to the extended east property line of Lot 3 Stehr’s Grand Island Council Session - 12/27/2016 Page 218 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 3 Subdivision; thence, northerly along said east property line to the northeast corner of said corner; thence, westerly along the north property to the northwest corner of said lot; thence, southerly along the west property line to the centerline of E. Seedling Mile Road; thence, westerly along said centerline to the extended western property line of a Lot described as Bosselman Brothers Sub Lot 1; thence, northerly along said extended west property line and continuing to the POB. Total area is 35.62 acres. Figure 1 Study Area Map Source: Marvin Planning Consultants 2016 EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community, and produce several impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. Grand Island Council Session - 12/27/2016 Page 219 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 4 TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2016 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 0 0.0%0.0% Single-family 0 0.0%0.0% Multi-family 0 0.0%0.0% Manufactured Housing 0 0.0%0.0% Commercial 4.79 13.8%13.4% Industrial 26.06 75.3%73.2% Quasi-Public/Public 0 0.0%0.0% Parks/Recreation 0 0.0%0.0% Transportation 3.78 10.9%10.6% Total Developed Land 34.63 100.0% Vacant/Agriculture 0.99 2.8% Total Area 35.62 100.0% Source: 2016 Grand Island Blight Study Area 21, Marvin Planning Consultants Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compare the all land uses to the total area within the Study Area. As discussed previously, the Study Area is industrial (73.2%) with some commercial (13.4%), and land considered vacant accounts for only 2.8% of the total area. Figure 2 Existing Land Use Map Source: Marvin Planning Consultants, 2015 Grand Island Council Session - 12/27/2016 Page 220 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 5 FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There were several conditions examined and evaluated in the field and online. There are many conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of two primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  23 (88.5%) units were determined to be 40 years of age or older  3 (11.5%) units were determined to be less than 40 years in age The age of the structures would be a direct contributing factor. Figure 3 Unit Age Map Source: Marvin Planning Consultants, 2016 Grand Island Council Session - 12/27/2016 Page 221 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 6 Structural Conditions Structural conditions were evaluated, structures were either rated as: Very Good, Good, Fair, Average, or badly worn. The data and rating system comes from the Hall County Assessor’s database and is the same database used to value properties in the area. Based upon the data provided to the planning team, the following is the breakdown for structures in the study area:  0 ( 0.0%) structures rated as very good  1 ( 3.9%) structures rated as good  0 ( 0.0%) structure rated as fair  16 (61.5%) structures rated as average  9 (34.6%) structure rated as badly worn Figure 4 Structural Conditions Source: Marvin Planning Consultants, 2016 Based upon these data, an assumption has been made that average condition and less would constitute less than desirable conditions due to age and conditions. It is common that the older a structure gets the more maintenance and upkeep are required to maintain a good or higher condition. Even an average structure will show some signs of deteriorating which in turn can become a dilapidated structure in the future if it is not addressed over time. Overall, 96.1% of the structures in this study area are average condition or worse. Due to the stated conditions found in the Hall County Assessor’s data, the condition of the structure is a contributing factor. Grand Island Council Session - 12/27/2016 Page 222 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 7 Deterioration of Site or Other Improvements Sidewalk Conditions Sidewalks, regardless of the area and uses within a community, should provide a safe means of movement for pedestrians. Sidewalks become increasingly more important along transportation routes considered to be arterials and highways. A sidewalk allows for pedestrian movement while keeping people off heavily traveled streets. The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four categories; adequate, deteriorating, dilapidating, and missing completely. Figure 5 Sidewalk Conditions Source: Marvin Planning Consultants, 2016 Within the study area there is approximately 3,508 lineal feet of area where sidewalk could or should be located. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the study area:  0 (0.0%) lineal feet of adequate sidewalk  1,394 (39.7%) lineal feet of deteriorating sidewalk  2,114 (60.3%) lineal feet of no sidewalk. The only sidewalk in the study area is along the south side of US Highway 30. There is no sidewalk located along the north side or along Seedling Mile Road. Grand Island Council Session - 12/27/2016 Page 223 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 8 Drainage Conditions Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high-water table. Topography and soils can have a major impact on how a given portion of the city drains. The area designated in this Study Area is nearly flat or has an extremely small slope. The field survey examined the entire area for potential drainage problems. Another item of note deals with the actual number of stormwater inlets in the study area. This area was developed as a large hard surfaced and graveled area; therefore, there are very few places for the water to run during wet periods. Figure 6 is an existing topographic map from the City of Grand Island’s website. The map confirms the flatness of the area along US Highway 30. The most common contour identified on the map is the 1835; however, they are separated by a great deal of distance. This distance is what identifies the flatness of the area. The potential for standing water on this site is great. Standing water from poor drainage can be a catalyst for health issues like West Nile due to the potential mosquito breeding during the summer months. Figure 6 Topographic Map of Study Area Source: City of Grand Island (topographic map) and Marvin Planning Consultants Grand Island Council Session - 12/27/2016 Page 224 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 9 Faulty Lot Layout Faulty lot layout can lead to several issues including size of a lot, adequacy of the lot for the use, accessibility to the lot and/or the usefulness of the lot. There are a few factors to examine within this particular study area. Accessibility of the Lots Currently, the area has three points of access. Two of these are located along US Highway 30 and lead directly onto properties located along US Highway 30. The third access point is off Stuhr Road and leads directly onto a lot. None of the three access points go to an internal roadway system or right-of-way. Even with properly filed easements, access to some of these lots could become an issue in the future. Figure 8 Lot Layout of Study Area Source: City of Grand Island (Lot lines) and Marvin Planning Consultants Lots along the north side of the study area does not have direct access from US Highway 30 except via easements or across other lots owned by similar owners. Basic travel ways are across properties and property lines. Grand Island Council Session - 12/27/2016 Page 225 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 10 Insanitary or Unsafe Conditions There are several factors tending to fall under this category. The study area was found to have several factors falling into insanitary and unsafe. The following will outline the conditions found. Detention Cell The study area is bounded by a larger detention cell on the east. Although this cell is not in the study area, its proximity creates potential unsafe conditions. At the time of the study, the cell was partially filled due to recent rains and snow melt. The cell, though necessary to drain portions of the area, it still presents an unsafe condition. Unsecured Areas The primary parcel is currently unsecured and has the hazardous building as discussed in the previous paragraph. Steps need to be taken to either secure the property or eliminate the hazardous conditions. These areas include different trucking materials, tractors, damaged vehicles, semi-trailers, and more. Grand Island Council Session - 12/27/2016 Page 226 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 11 Existence of Conditions endangering life or property due to fire or other causes Located within the study area there are factors present that are a danger to life or property due to fire or other causes. Many these factors have been previously discussed in this report. These factors include:  Detention cell near the study area  Proximity to the Union Pacific Railroad Mainline. The mainline, considering the number of trains per day provides a risk for derailment and or sparks creating a fire along the route.  Number of incompatible uses including industrial uses with outside storage adjacent to inhabited residential structures. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Combination of factors which are impairing and/or arresting sound growth Within this study area there are many factors that are impairing or arresting sound growth. A couple of these include:  The lack of good access to several properties within the study area.  The Union Pacific Railroad Mainline to the north blocks any possible growth to the north.  Size of lots (smaller), especially along the south side of the study area. Based upon the review of the area, there are sufficient elements present to meet the definition of combination of factors which are impairing and/or arresting sound growth within the Study Area. Stable or decreasing population based on the last two decennial censuses Over the past 20 years the population within the study area has been stable or decreasing. The population within the Study Area has had limited population for the past two decennial censuses. Therefore, it meets the criteria for a stable or decreasing population. Diversity of Ownership Within this small study area, there are 17 different property owners including the City of Grand Island and the State of Nebraska. Coordination of any redevelopment of this area may require specific intervention that a Blight and Substandard designation offers. Figure 9 Improper Subdivision or Obsolete Platting Source: City of Grand Island and Marvin Planning Consultants Grand Island Council Session - 12/27/2016 Page 227 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 12 Improper Subdivision or obsolete platting This criterion follows closely with the Faulty Lot Layout. Much of this area can be considered to be improperly platted. Access is an issue for parts of this study area, See Figure 9. Defective/Inadequate street layouts This area contains defective street layouts, primarily since there are minimal platted streets within the area. The northern portion of the study area has no platted streets, only access easements. Someone unfamiliar with the area may be unaware of critical movement patterns made by the truck traffic in the area. Blighting Summary These conditions are contributing to the blighted conditions of the study area.  Average age of structures is over 40 years of age o Within the Study Area 88.5% of the structures meet the criteria of 40 years of age or older.  Substantial number of deteriorating structures o Within the study are 96.1% of the structures were deemed to be in a deteriorated state or worse.  Deterioration of site or other improvements o The only sidewalk in the area is located along the south edge of US Highway 30 and is in a deteriorated state. o Drainage of existing site is difficult based upon the existing topography.  Faulty Lot Layout o Accessibility to some lots is currently a problem.  Insanitary or Unsafe Conditions o Lack of sidewalk in the Study Area. o Deteriorated structure. o Unsecured site which contains hazardous materials. o Detention cell adjacent to the study area.  Dangerous conditions to life or property due to fire or other causes o Dilapidated structures in study area. o Lack of sidewalk within the Study Area o Union Pacific Railroad Mainline adjacent to the study area o Lack of defined trafficways within the area.  Combination of factors which are impairing and/or arresting sound growth o Lack of good access to the site. o Union Pacific Railroad Mainline adjacent to the area.  Stable or decreasing population based on the last two decennial censuses o The population of the Study Area has remained stable over the past 22 years.  Diversity of Ownership o There are currently 16 different owners listed for the property within the Study Area.  Improper Subdivision or Obsolete Platting o Accessibility to some lots is currently a problem. o Lack of platted rights-of-way within the area, especially in the northern portion.  Defective/Inadequate street layouts o Lack of platted rights-of-way within the area, especially in the northern portion. Grand Island Council Session - 12/27/2016 Page 228 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 13 The other criteria for Blight were not present in the area, these included:  Tax or special assessment delinquency exceeding fair value of the land.  Defective or unusual condition of title,  Unemployment in the designated area is at least 120% of the state or national average.  One-half of unimproved property is over 40 years old.  The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 12/27/2016 Page 229 / 276 Blight and Substandard Study City of Grand Island, Nebraska • December 2016 Page 14 Substandard Conditions Average age of the residential or commercial units in the area is at least 40 years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of their condition. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of two structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  23 (88.5%) units were determined to be more than 40 years of age  3 (11.5%) units were determined to be less than 40 years of age There is a predominance of units 40 years of age or older. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #21 Blight Study Area #21 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions  Average age of structures is over 40 years of age  Substantial number of deteriorated or deteriorating structures  Deterioration of site or other improvements  Faulty Lot Layout  Insanitary and Unsafe Conditions  Combination of factors which are impairing and/or arresting sound growth  Stable or decreasing population based on the last two decennial censuses  Diversity of Ownership  Improper Subdivision or Obsolete Platting  Defective/Inadequate Street Layout Substandard Conditions  Average age of the structures in the area is at least forty years Grand Island Council Session - 12/27/2016 Page 230 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item H-3 Consideration of Forwarding Blighted and Substandard Area #22 (Platte River Industrial Park, LLC) to the Hall County Regional Planning Commission Staff Contact: Chad Nabity Grand Island Council Session - 12/27/2016 Page 231 / 276 Council Agenda Memo From:Chad Nabity, AICP Meeting:December 27, 2016 Subject:Proposed Blighted and Substandard Area #22 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Blight and Substandard Study as prepared for Platte River Industrial Park LLC (an affiliate of Hornady Manufacturing) by Marvin Planning Consultants. This study is for approximately 281.8 acres of property at the Cornhusker Army Ammunition Plant (CHAAP) west of Grand Island located north of Old Potash Highway and west of 80th Road owned by Platte River Industrial Park LLC. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. Platte River Industrial Park LLC has submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. Hornady has eight existing buildings on the property that are used for research and testing for the Hornady Manufacturing site at 3625 W. Old Potash Highway. The company would proceed with further development of the property if the area can be declared blighted and substandard. The decision on whether to declare an area blighted and substandard is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. The question before Council will be whether to send the Study to the Planning Commission for their review and feedback. If the item is not sent to the Planning Commission, the Council cannot declare the area blighted and substandard. Planning Commission will meet February 1 and would have a recommendation ready following that meeting. Once an area has been declared substandard and blighted the CRA can accept redevelopment proposals for the area that might or might not include an application for Tax Increment Financing. Should this be approved, you can anticipate that Hornady Manufacturing or Platte River Industrial Park LLC will submit an application for TIF to assist with the costs associated with fully developing this property. Grand Island Council Session - 12/27/2016 Page 232 / 276 Discussion The action item tonight relates to the Study for proposed CRA Area No. 22 west of Grand Island at the Cornhusker Army Ammunition Plant as shown below. The study was prepared for 281.8 acres, of all of which are located in a formerly used defense site. Jerry Janulewicz City Attorney has reviewed the Nebraska Statutes and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutes which provide for the creation of a redevelopment area or redevelopment project within a redevelopment area require the following procedure: Grand Island Council Session - 12/27/2016 Page 233 / 276 A request is made to the city council to declare an area to be substandard and blighted and in need of development for purposes of enabling the creation of a redevelopment area or a redevelopment project within a redevelopment area. The city council submits the question of whether an area is substandard and blighted to the planning commission for its review and recommendation prior to making its declaration that an area is substandard and blighted. The planning commission must submit its written recommendations within thirty days after receipt of the request. Upon receipt of the recommendations from the planning commission or after thirty days if no recommendation is received, the city council may make its findings and declaration with respect to the property within an area. Unless the city council of the city in which such area is located has, by resolution adopted after a public hearing with notice, declared such area to be a substandard and blighted area in need of redevelopment, the Community Redevelopment Agency cannot prepare a redevelopment plan for a redevelopment project area. Following a declaration that an area is substandard and blighted, the Community Redevelopment Agency is authorized to prepare or cause to be prepared and recommend redevelopment plans to the governing body of the city and to undertake and carry out redevelopment projects within its area of operation and may enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may deem necessary to prevent a recurrence of substandard and blighted areas or to effectuate the purposes of the Community Development Law, and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan. Within the area of operation of the Community Redevelopment Authority, the authority may exercise its statutory powers with respect to the redevelopment project. Neb. Rev. Stat. §§ 18-2107; 18-2109. As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998): A CRA is not authorized to prepare a redevelopment plan for a redevelopment project area unless the governing body of the city first enacts a resolution declaring such area to be “a substandard or blighted area in need of redevelopment.” § 18–2109. After such a declaration has been made and a redevelopment plan has been prepared and approved, a CRA is authorized to enter into contracts with redevelopers of property containing covenants, restrictions, and conditions regarding the use of such property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the [CRA] may deem necessary to prevent a recurrence of substandard or blighted areas ... and to provide grants, loans, or other means of financing to public or private parties in order to accomplish the rehabilitation or redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA Grand Island Council Session - 12/27/2016 Page 234 / 276 may utilize tax increment financing to pay for redevelopment projects undertaken pursuant to the CDL. § 18–2124. “Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The legislative intent underlying the Community Development Law is the elimination of blighted and substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the public and private sectors, not to aid private developers. Fitzke, id. At this point, Council is only making a decision about whether to forward the study to the Planning Commission for their recommendation or not. According to NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for its review and recommendation. The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Blighted Area of the Community This area is located outside the City Limits in at CHAAP and as such any declaration as blighted and substandard is exempt from the 35% limit imposed by statute. NRSS §18-2103 (11) Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing Grand Island Council Session - 12/27/2016 Page 235 / 276 population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; The declaration of Area 22 would not impact the City’s ability to declare other areas substandard and blighted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to forward the Study to the Planning Commission for its recommendation. 2.Move to not forward the Study to the Planning Commission for its recommendation. 3.Refer the issue to a committee. 4.Postpone the issue to future date. 5.Take no action on the issue. Recommendation City Administration recommends that the Council Move to forward the Study to the Planning Commission if Council wishes to consider the use of Tax Increment Financing as a redevelopment tool for this property. Sample Motion Move to adopt resolution to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 12/27/2016 Page 236 / 276 Blight and Substandard Study for: Platte River Industrial Park LLC Grand Island Council Session - 12/27/2016 Page 237 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. This study has been commissioned by the Platte River Industrial Park LLC to analyze the possibility of declaring the area as blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under sections 18-2101 to 18-2144, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings and improvements, the disposition of any property acquired, and providing of necessary public improvements”. The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” Blight and Substandard are defined as the following: “Substandard areas mean an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” “Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which Grand Island Council Session - 12/27/2016 Page 238 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 2 endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a shall not designate an area larger than one hundred percent of the as blighted;” Furthermore, Chapter 18, Section 2123.01 of the Revised Nebraska State Statutes: Redevelopment project with property outside corporate limits; formerly used defense site; agreement with county authorized. (1) Notwithstanding any other provisions of the Community Development Law to the contrary, a city may undertake a redevelopment project that includes real property located outside the corporate limits of such city if the following requirements have been met: (a) The real property located outside the corporate limits of the city is a formerly used defense site; (b) The formerly used defense site is located within the same county as the city approving such redevelopment project; (c) The formerly used defense site is located within a sanitary and improvement district; (d) The governing body of the city approving such redevelopment project passes an ordinance stating such city's intent to annex the formerly used defense site in the future; and (e) The redevelopment project has been consented to by any city exercising extraterritorial jurisdiction over the formerly used defense site. (2) For purposes of this section, formerly used defense site means real property that was formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the United States Secretary of Defense. Formerly used defense site does not include missile silos. (3) The inclusion of a formerly used defense site in any redevelopment project under this section shall not result in: (a) Any change in the service area of any electric utility or natural gas utility unless such change has been agreed to by the electric utility or natural gas utility serving the formerly used defense site at the time of approval of such redevelopment project; or (b) Any change in the service area of any communications company as defined in section 77-2734.04 unless (i) such change has been agreed to by the communications company serving the formerly used defense site at the time of approval of such redevelopment project or (ii) such change occurs pursuant to sections 86-135 to 86-138. (4) A city approving a redevelopment project under this section and the county in which the formerly used defense site is located may enter into an agreement pursuant to the Interlocal Cooperation Act in which the county agrees to reimburse such city for any services the city provides to the formerly used defense site after approval of the redevelopment project. This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction and as allowed under Chapter 18, Section 2123.01. Through this Grand Island Council Session - 12/27/2016 Page 239 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 3 process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future will contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include:  The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and  A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area include industrial and agricultural uses within the old Cornhusker Army Ammunition Plant and is outside the corporate limits of Grand Island; however, it falls under Chapter 18, Section 2123.01 of the Revised Nebraska State Statutes. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area Figure 1 Study Area Map Source: Marvin Planning Consultants 2016 Grand Island Council Session - 12/27/2016 Page 240 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 4 The Study consists of area described as follows: Harrison TWP PT E1/2 of NW1/4 & NW1/4 NE1/4 PT W1/2 SE1/4 13-11-11 Total acres are 281.80 acres. EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community, and produce several impacts either benefitting or detracting from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of the parcel within the study area. The data from the survey are analyzed in the following paragraphs. The existing land uses are predominately industrial with a total of eight newer buildings scattered along the perimeter of the property. These buildings are for research and testing for Hornady Manufacturing. FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. FORMER DEFENSE SITE Based upon Chapter 18, Section 2123.01 of the Revised Nebraska State Statutes, this study area is deemed to be Blighted and Substandard. The area meets all of the criteria identified in the §18-2123.01: 1. The real property located outside the corporate limits of the city is a formerly used defense site; 2. The formerly used defense site is located within the same county as the city approving such redevelopment project; 3. Formerly used defense site means real property that was formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the United States Secretary of Defense. Formerly used defense site does not include missile silos. Based upon the site meeting the criteria found in §18-2123.01, this area meets the criteria for declaring it Blighted and Substandard. OTHER CONTRIBUTING FACTORS There were many other conditions examined and evaluated in the field and online. There are several conditions that will be reviewed in detail, on the following pages, that add to the overall condition of Blight and Substandard on the proposed site. Age of Structures Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Grand Island Council Session - 12/27/2016 Page 241 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 5 Left over brick chimney from the old Ammunition facility Within the study area there are 36 structures in some form or another. The age of structure has been determined by researching the structural age on the Hall County Assessor’s and Treasurer’s websites and reviewing older documents, as well as, a land survey completed on the entire site. Considering the older structure have no specific dates attached to them since it was developed as a Federal Military facility, the assumption is the older structures were constructed as part of the original installation in 1942. Therefore, every Reinforced Concrete Pipe, the Manhole and the remaining foundations have been in place since 1942 and are currently 74 years old each. The following breakdown was determined:  25 (69.4%) units were determined to be 40 years of age or older  11 (30.6%) units were determined to be less than 40 years of age The breakdown is as follows for the 40 years and over:  One above ground structure  Two buried foundations  21 Reinforced Concrete Pipe culverts  One concrete manhole Number of Structures Construction date Age Cummulative Age 25 1942 74 1850 5 2013 3 15 3 2014 2 6 1 2015 1 1 1 2016 0 0 1 1996 20 20 Total Cummulative 36 1892 Average Age 52.55555556 The newer structures were constructed in the past few years by the property owner or are monitoring well buildings constructed when the site was mitigated for the contaminated groundwater in the 1990’s. Location of a larger building foundation A recently unearthed concrete footing on the site. Old manhole Grand Island Council Session - 12/27/2016 Page 242 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 6 Figure 2 Structure Age Map – Buildings/Foundations only Source: Marvin Planning Consultants, 2016 Grand Island Council Session - 12/27/2016 Page 243 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 7 Figure 3 Structure Age Map – Surveyed items only Source: Hornady Manufacturing, 2016 Fire Hydrants have been removed Symbol represents RCP culverts throughout site Existing Manhole Photo of separated RCP culvert – the actual pipe has separated from the concrete flair in the foreground. This indicates a failure and the culverts ability to function as designed is greatly jeopardized. This appears to be typical throughout the site on the other culverts. Grand Island Council Session - 12/27/2016 Page 244 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 8 Substantial Number of Deteriorating Structures The site visit examined many existing CRP culverts which were easily accessible, all of these were in a state of deterioration and it is assumed that the others, having the same construction time, will be similar. The brick chimney is in a state of deterioration as well as the existing manhole. Finally, the remaining footings/foundations are showing signs of deterioration due to their exposure to the elements. The older structures, constructed in 1942, are in a state of deterioration. Therefore, there is a substantial number of deteriorating structures within the study area. Deterioration of Site or Other Improvements Drainage Conditions Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high-water table. Topography and soils can have a major impact on how a given portion of the area drains. The area designated in this Study Area is nearly flat or has an extremely small slope. The field survey examined the entire area for potential drainage problems. Figure 3 is an existing topographic map from MyTopo.com showing the study area. The map confirms the flatness of the area throughout the entire study area falls along a contour of 1910 with occasional higher points. This contour covers the better portion of a mile-long section north and south. The potential for standing water on this site is great. Standing water from poor drainage can be a catalyst for health issues like West Nile due to the potential mosquito breeding during the summer months. Figure 3 Topographic Map of Study Area Source: MyTopo.com (topographic map) and Marvin Planning Consultants Grand Island Council Session - 12/27/2016 Page 245 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 9 County Road Conditions The study area has county roads on three sides of the properties. Old Potash Road is a paved road along the south edge of the area and is in average condition and is beginning to show some deterioration in places. The other, on the north side, 13th Street is graveled and appears to have above average traffic and is showing signs of wear. These roads are in need of continued maintenance now and in the future. Figure 4 County Road Conditions Source: Marvin Planning Consultants, 2016 The existing road conditions are a contributing factor to the deterioration of site or other improvement within the area. Stormwater management The study area, is surrounded by rural section roads which includes drainage ditches. The ditches along with the lack of slope in the area, creates a negative impact on stormwater management for the area. This is typically true throughout the entire Hall County area. The stormwater management system is a contributing factor to the deterioration of site or other improvement within the area. Grand Island Council Session - 12/27/2016 Page 246 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 10 Internal Infrastructure The on-site area surrounding Platte River Industrial Park location is made up primarily of gravel roads. The area may need to upgrade these roads if anything substantial is constructed on the site. The internal infrastructure is a contributing factor to the deterioration of site or other improvement within the area. Old Cornhusker Army Ammunition Plant Infrastructure and Contamination Groundwater Contamination Examining the study area within context of the Cornhusker Army Ammunition Plant’s 1997 Reuse Plan, the study area is considered to be in an “Area of Concern”. Figure 5 indicates an area referred to as Operable Unit 1, which is where the study area is located. Based upon the report, when cesspools under the old load lines were examined and tested, it was determined:  The cesspools were contaminated with explosive residues and heavy metals;  The groundwater was contaminated with dissolved explosives, heavy metals, and organic solvents. The groundwater contamination is currently being mitigated through a water treatment plant/process on site. The entire Cornhusker Army Ammunition Plant site is considered a potential hazardous area with regard to groundwater contamination from explosive residue, heavy metals and organic solvents. In addition, the plume has caused restrictions for potable domestic wells within the entire former ammunition plant site and beyond to be put into place. Figure 5 Groundwater Contamination 1997 Source: CAAP Reuse Plan 1997 Water System In addition, there are older wood and asbestos covered water pipes underground that once connected the old water system to the site. Figure 6 indicates the primary water lines throughout the entire CAAP area; the area outlined in red is the actual study site. Any type of development within this study will likely require the complete or partial removal of these asbestos pipes during demolition and construction, thus exposing the asbestos hazard if not controlled properly. Grand Island Council Session - 12/27/2016 Page 247 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 11 Figure 6 Cornhusker Army Ammunition Plant Water System Source: Grand Island Economic Development Corporation Sanitary Sewer System The existing sanitary sewer lines within the study area are constructed of similar materials. Similar to the water lines, these lines will likely need to be disturbed during any future development/redevelopment of the property, thus exposing the asbestos hazard if not controlled properly. See Figure 7 for an approximate location of these sanitary sewer lines. Figure 7 Cornhusker Army Ammunition Plant Sanitary Sewer System Source: Grand Island Economic Development Corporation Grand Island Council Session - 12/27/2016 Page 248 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 12 The internal infrastructure, as well as, the former Cornhusker Army Ammunition Plant contamination plume are contributing factors to the deterioration of site or other improvement within the area. Insanitary or Unsafe Conditions There are several factors tending to fall under this category. The study area was found to have several factors falling into insanitary and unsafe. The following will outline the conditions found. Drainage Conditions Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high-water table. Topography and soils can have a major impact on how a given portion of the city drains. The area designated in this Study Area is nearly flat or has an extremely small slope. Figure 3 shows the existing topographic map from MyTopo.com showing the study area. The map confirms the flatness of the area throughout the entire study area falls along a contour of 1910 with occasional higher points. This contour covers the better portion of a mile-long section north to south. The potential for standing water on this site is great. It is apparent that the lack of adequate drainage will, in fact, create a hazard for mosquito breeding during the summer months. The drainage conditions are a contributing factor to the Insanitary and Unsafe Conditions within the area. Stormwater management The study area, is surrounded by rural section roads which includes drainage ditches. The ditches along with the lack of slope in the area, creates a negative impact on stormwater management for the area. This is typically true throughout the entire Hall County area. The stormwater management system is a contributing factor to the Insanitary and Unsafe Conditions within the area. Old Cornhusker Army Ammunition Plant Infrastructure and Contamination See narrative above The internal infrastructure, as well as, the former Cornhusker Army Ammunition Plant contamination plume are a contributing factor to the Insanitary and Unsafe Conditions within the area. Existence of Conditions endangering life or property due to fire or other causes As mentioned earlier, the entire Cornhusker Army Ammunition Plant site is considered a hazardous area regarding ground water contamination. The actual contamination plume is under the study area, see Figure 5. In addition, the plume has caused restrictions for potable domestic wells within the entire former ammunition plant site and beyond to be put into place. The groundwater is contaminated with several dangerous materials including RDX, a dangerous carcinogen, which was used in the manufacture of explosive devices during the life of the ammunition plant and is extremely unsafe to humans and other animals. Figure 5 indicates the study area in 1997 was directly over one of the most contaminated areas of CAAP. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Combination of factors which are impairing and/or arresting sound growth Within this study area there are many factors that are impairing or arresting sound growth. A couple of these include: Grand Island Council Session - 12/27/2016 Page 249 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 13  The contamination plume is a major condition factor arresting sound growth in the Grand Island area. Based upon the review of the area, there is one sufficient element present to meet the definition of combination of factors which are impairing and/or arresting sound growth within the Study Area. Blighting Summary These conditions are contributing to the blighted conditions of the study area.  Qualifies under the Former Defense Site statute o The real property located outside the corporate limits of the city is a formerly used defense site; o The formerly used defense site is located within the same county as the city approving such redevelopment project; o Formerly used defense site means real property that was formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the United States Secretary of Defense. Formerly used defense site does not include missile silos.  Average age of structures o Within the Study Area 75.8% of the structures meet the criteria of 40 years of age or older.  Substantial number of deteriorating structures o Based upon the review of a few visible CRP culverts the age as well as weathering have placed them in a state of deterioration. o The footings are also in a state deterioration due to a lack of structural cover.  Deterioration of site or other improvements o Drainage of existing site is difficult based upon the existing topography. o County Road conditions. o Stormwater management. o Internal Infrastructure. o Old Cornhusker Army Ammunition Plant infrastructure and Contamination.  Insanitary or Unsafe Conditions o Drainage of existing site is difficult based upon the existing topography. o Stormwater management. o Internal Infrastructure. o Old Cornhusker Army Ammunition Plant infrastructure and Contamination.  Dangerous conditions to life or property due to fire or other causes o Old Cornhusker Army Ammunition Plant Contamination.  Combination of factors which are impairing and/or arresting sound growth o Old Cornhusker Army Ammunition Plant infrastructure and Contamination.  Stable or decreasing population based on the last two decennial censuses o The population of the Study Area has remained stable over the past two decennial censuses. The other criteria for Blight were not present in the area, these included:  Diversity of Ownership o There is only one property owner within this study area  Faulty Lot Layout o The layout may be faulty but it is not anticipated the property will be further divided with only one owner.  Improper Subdivision or Obsolete Platting o The layout may be considered an improper subdivision or obsolete platting but it is not anticipated the property will be further divided with only one owner. Grand Island Council Session - 12/27/2016 Page 250 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 14 o The land was originally laid out by the U. S. Government during World War II.  Defective/Inadequate street layouts o The street layout may be faulty but it is not anticipated this will not be an issue since these are private streets and the property is owned by one owner.  Tax or special assessment delinquency exceeding fair value of the land. o NA  Defective or unusual condition of title, o NA  Unemployment in the designated area is at least 120% of the state or national average. o NA  One-half of unimproved property is over 40 years old. o NA and property has been previously improved during World War II, Korea, and Vietnam.  The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. o NA  Stable or decreasing population based on the last two decennial censuses o NA These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Substandard Conditions FORMER DEFENSE SITE Based upon Chapter 18, Section 2123.01 of the Revised Nebraska State Statutes, this study area is deemed to be Blighted and Substandard. The area meets all of the criteria identified in the §18-2123.01: 1. The real property located outside the corporate limits of the city is a formerly used defense site; 2. The formerly used defense site is located within the same county as the city approving such redevelopment project; 3. Formerly used defense site means real property that was formerly owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the United States Secretary of Defense. Formerly used defense site does not include missile silos. Average age of the residential or commercial units in the area is at least 40 years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of their condition. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of 36 structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, and reviewing older documents, as well as, a land survey completed on the entire site, the following breakdown was determined:  25 (69.4%) units were determined to be 40 years of age or older  11 (30.6%) units were determined to be less than 40 years of age Number of Structures Construction date Age Cummulative Age 25 1942 74 1850 5 2013 3 15 3 2014 2 6 1 2015 1 1 1 2016 0 0 1 1996 20 20 Total Cummulative 36 1892 Average Age 52.55555556 Grand Island Council Session - 12/27/2016 Page 251 / 276 Blight and Substandard Study-Hornady Manufacturing City of Grand Island, Nebraska • December 2016 Page 15 Average Age of Structures is a contributing factor. Existence of Conditions endangering life or property due to fire or other causes As mentioned earlier, the entire Cornhusker Army Ammunition Plant site is considered a hazardous area regarding ground water contamination. The actual contamination plume is under the study area, see Figure 5. In addition, the plume has caused restrictions for potable domestic wells within the entire former ammunition plant site and beyond to be put into place. The groundwater is contaminated with several dangerous materials including RDX, a dangerous carcinogen, which was used in the manufacture of explosive devices during the life of the ammunition plant and is extremely unsafe to humans and other animals. Figure 5 indicates the study area in 1997 was directly over one of the most contaminated areas of CAAP. Based upon the field analysis, there are sufficient elements present to meet the definition of dangerous conditions within the Study Area. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA – PLATTE INDUSTRIAL PARK This Blight Study Area has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions  Former Defense Site  Existence of structures over 40 years of age  Substantial number of Deteriorating Structures  Deterioration of site or other improvements  Insanitary and Unsafe Conditions  Dangerous conditions to life or property due to fire or other causes  Combination of factors which are impairing and/or arresting sound growth  Stable or decreasing population based on the last two decennial censuses Substandard Conditions  Former Defense Site  Average age of the structures in the area is at least forty years  Dangerous conditions to life or property due to fire or other causes Grand Island Council Session - 12/27/2016 Page 252 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item I-1 #2016-316 - Consideration of Approving the One & Six Year Street Improvement Plan This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 253 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-316 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on December 7, 2016, on the One and Six Year Street Improvement Plan for the City of Grand Island; and WHEREAS, at the December 7, 2016 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Plan 2017-2022, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on December 27, 2016, on the One and Six Year Street Improvement Plan for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2017-2022, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 254 / 276 Grand Island Council Session - 12/27/2016 Page 255 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item I-2 #2016-317 - Consideration of Approving Tap Fees for Sanitary Sewer District No. 530T This item relates to the aforementioned Board of Equalization item D-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/27/2016 Page 256 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-317 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 530T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 530T to be the total sum of $2,739,238.22, with credits of $20,887.75 for a revised tap fee total of $2,718,350.47; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 530T, such benefits are the sums set opposite the several descriptions as follows: Sanitary Sewer District No. 530T - Assessments Parcel #Owner Legal Sub-Total Tap Fee Previously Paid Tap Fee Owed 400217198 Larry J & Karen L Knuth ALDA TWP PT NW 1/4 NE 1/4 12- 10-10 39 AC $ 7,379.12 $ - $ 7,379.12 400217201 Larry J & Karen L Knuth ALDA TWP PT NE 1/4 NW 1/4 NE 1/4 12-10-10 1 AC $ 184.32 $ - $ 184.32 400217244 Jim C & Kathy L Rathman ALDA TWP PT NE 1/4 NW 1/4 12- 10-10 40 AC $ 6,695.75 $ - $ 6,695.75 400495510 Jim C & Kathy L Rathman ALDA TWP SE 1/4 NW 1/4 & NE 1/4 SW 1/4 12-10-10 80 AC $ 15,227.41 $ - $ 15,227.41 400217279 Arthur P & Geraldine Stelk Living Rev Trust ALDA TWP N 55 AC W 1/2 NW 1/4 12-10-10 55 AC $ 9,234.59 $ - $ 9,234.59 400217236 Lawney L Rathman Trustee ALDA TWP XC 5.37 AC STATE SE 1/4 NE 1/4 12-10-10 34.63 AC $ 215,084.34 $ - $ 215,084.34 400217228 Lawney L Rathman Trustee ALDA TWP SW 1/4 NE 1/4 12-10-10 40 AC $ 18,023.81 $ - $ 18,023.81 400217309 Lawney L Rathman Trustee ALDA TWP XC 13.84 AC STATE E 1/2 SE 1/4 12-10-10 66.16 AC $ 405,092.79 $ - $ 405,092.79 400217341 Lawney L Rathman Trustee ALDA TWP S 30 AC NW 1/4 SE 1/4 2-10-10 30 AC $ 14,667.61 $ - $ 14,667.61 400217295 Lawney L Rathman Trustee ALDA TWP PT N 1/2 N 1/2 NW 1/4 SE 1/4 12-10-10 9.50 AC $ 3,895.55 $ - $ 3,895.55 400217252 Norman Niel & Shirley Stelk ALDA TWP S 25 AC W 1/2 NW 1/4 12-10-10 25 AC $ 4,015.16 $ - $ 4,015.16 400217260 Norman Niel & Shirley Stelk ALDA TWP W 1/2 SW 1/4 12-10-10 80 AC $ 13,388.36 $ - $ 13,388.36 400217325 Curt & Christine Smith ALDA TWP PT E 1/2 E 1/2 SW 1/4 SE 1/4 12-10-10 9 AC $ 4,171.56 $ - $ 4,171.56 400217368 Curt & Christine Smith ALDA TWP PT SW 1/4 SE 1/4 132' X 300' 12-10-10 1 AC $ 348.04 $ - $ 348.04 400217317 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP PT SW 1/4 SE 1/4 12-10- 10 30 AC $ 13,191.01 $ - $ 13,191.01 Grand Island Council Session - 12/27/2016 Page 257 / 276 - 2 - 400217287 Bence Family, LLC c/o Arlyn Uhrmacher Mngr ALDA TWP SE 1/4 SW 1/4 12-10-10 40 AC $ 7,606.74 $ - $ 7,606.74 400217376 Kirby Kay Smith ALDA TWP PT NE 1/4 NE 1/4 XC 5.57 AC STATE 13-10-10 18.04 AC $ 124,507.34 $ - $ 124,507.34 400389657 Kirby Kay Smith ALDA TWP PT N 1/2 NE 1/4 13-10- 10 59.27 AC $ 127,294.57 $ - $ 127,294.57 400217449 Jan Marie Amundson ALDA TWP AMUNDSON SUB LT 1 $ 770.75 $ - $ 770.75 400217392 K Diane Bockmann Trustee ALDA TWP PT SE 1/4 NE 1/4 13-10- 10 1 AC $ 14,654.01 $ - $ 14,654.01 400217384 K Diane Bockmann Trustee ALDA TWP PT S 1/2 NE 1/4 & PT SE 1/4 XC 13.81 AC STATE 13-10-10 148.75 AC $ 483,464.88 $ - $ 483,464.88 400418924 Bosselman, Inc. ALDA TWP PT E 1/2 SE 1/4 13-10-10 25 AC $ 166,749.95 $ - $ 166,749.95 400217503 Bosselman, Inc. ALDA TWP NE 1/4 SW 1/4 SE 1/4 13-10-10 10 AC $ 11,641.78 $ - $ 11,641.78 400406772 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 2 $ 11,817.47 $ - $ 11,817.47 400406713 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 2 BLK 2 $ 939.23 $ - $ 939.23 400406721 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 3 BLK 2 $ 1,206.57 $ - $ 1,206.57 400406748 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 4 BLK 2 $ 1,243.01 $ - $ 1,243.01 400406756 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 5 BLK 2 $ 1,027.24 $ - $ 1,027.24 400406764 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 6 BLK 2 $ 1,173.89 $ - $ 1,173.89 400406683 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 10 BLK 1 $ 6,852.31 $ - $ 6,852.31 400406675 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 9 BLK 1 $ 6,221.20 $ - $ 6,221.20 400406659 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 8 BLK 1 $ 6,196.72 $ - $ 6,196.72 400406640 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB LT 7 BLK 1 $ 9,860.35 $ - $ 9,860.35 400406691 Bosselman, Inc. ALDA TWP BOSSELVILLE SUB OUTLOT 1 BLK 1 $ 272.57 $ - $ 272.57 400406705 Bosselman Pump & Pantry, Inc. ALDA TWP BOSSELVILLE SUB LT 1 BLK 2 $ 1,012.13 $ - $ 1,012.13 400406632 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 2 $ 6,593.41 $ - $ 6,593.41 400406624 Bosselman Motels, Inc. ALDA TWP BOSSELVILLE SECOND SUB LT 1 $ 16,672.44 $ - $ 16,672.44 400406616 Bosselman Properties, Inc. c/o Fred A Bosselman ALDA TWP BOSSELVILLE SUB LT 4 BLK 1 $ 6,335.52 $ - $ 6,335.52 400218437 Boss Truck Shops, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 2~ $ 19,629.81 $ - $ 19,629.81 400406608 Bosselman Energy, Inc. c/o Travis Hasselmann Cont. ALDA TWP BOSSELVILLE THIRD SUB LT 3~ $ 38,161.69 $ - $ 38,161.69 Grand Island Council Session - 12/27/2016 Page 258 / 276 - 3 - 400448173 Bosselman Travel Center, Inc. ALDA TWP BOSSELVILLE THIRD SUB LT 1~ $ 172,627.14 $ - $ 172,627.14 400217511 Darrell R & Judith I Sutter ALDA TWP NW 1/4 SW 1/4 SE 1/4 & PT SW 1/4 SW 1/4 SE 1/4 13-10-10 10.30 AC $ 11,984.03 $ - $ 11,984.03 400217465 Dale L & Marilyn Bockman ALDA TWP SE 1/4 SW 1/4 13-10-10 40 AC $ 34,360.28 $ - $ 34,360.28 400218445 Dale & Marilyn Bockman ALDA TWP PT LT 2 & ALL LT 3 24- 10-10 100.33 AC $ 87,062.07 $ - $ 87,062.07 400209276 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP XC 2.37 AC HWY SW 1/4 NW 1/4 8-10-9 37.63 AC $ 5,965.52 $ - $ 5,965.52 400209330 Kenneth Clausen c/o Robert Clausen WASHINGTON TWP PT W 1/2 SW 1/4 XC 8.32 AC HWY XC 2.28 AC HWY 8-10-9 67.40 AC $ 12,711.77 $ - $ 12,711.77 400460432 Kenneth Clausen c/o Robert Clausen WASH TWP RIVER SUB LT 1 $ 272.28 $ - $ 272.28 400209322 Robert H Clausen Life Estate, Kenneth Clausen WASHINGTON TWP PT E 1/2 SW 1/4 XC .06 AC HWY & N 16.5' OF NW 1/4 SW 1/4 8-10-9 80.44 AC $ 14,224.16 $ - $ 14,224.16 400209551 Carline A Denman Trustee WASHINGTON TWP XC 2 AC PT NW 1/4 NW 1/4 XC 8.54 AC HWY W 1/2 LT 4 & W 1/2 SW 1/4 NW 1/4 XC .33 AC HWY 17-10-9 70.25 AC $ 282,385.26 $ - $ 282,385.26 400460017 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 100' X 300' 17-10-9 .69 AC $ 18,218.65 $ - $ 18,218.65 400209543 Kuehner Farms, Inc. WASHINGTON TWP PT NE 1/4 NW 1/4 & E 1/2 LT 4 & E 1/2 SW 1/4 NW 1/4 17-10-9 84 AC $ 247,769.65 $ - $ 247,769.65 400209535 Kuehner Farms, Inc. c/o D Janssen WASHINGTON TWP PT LT 3 17-10-9 55 AC $ 26,535.29 $ - $ 26,535.29 400210703 Design Flite, Inc. WASHINGTON TWP FIRESIDE INTERSTATE PLAZA SECOND SUB LT 1 $ 22,617.11 $20,887.75 $ 1,729.37 TOTALS: $2,739,238.21 $20,887.75 $2,718,350.47 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island prior to the time such property becomes connected to the sanitary sewer. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Grand Island Council Session - 12/27/2016 Page 259 / 276 - 4 - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 260 / 276 Grand Island Council Session - 12/27/2016 Page 261 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item I-3 #2016-318 – Consideration of Approving the Purchase of 40 Tasers from TASER International, Inc. as Sole Source Provider Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 12/27/2016 Page 262 / 276 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:December 27, 2016 Subject:Approving the purchase of Tasers for the Police Department. Presenter(s):Robert Falldorf, Police Chief Background The Police Department is currently using the X26 model Taser, manufactured by TASER International. This specific model will become obsolete beginning January 1, 2017 and TASER International will no longer sell, service, or warranty the X26 Taser. The Police Department would like to replace the obsolete X26 Taser’s with the new X26P version manufactured and distributed through TASER International, a Sole Source Provider. Discussion The Police Department currently has thirty-eight (38) X26 model Tasers in service that our officers carry as an intermediate weapon. These Tasers are manufactured and distributed by TASER International, a Sole Source Provider of Tasers in the Public Service industry. The X26 model Tasers will become obsolete after January 1, 2017 and will no longer be sold, serviced, or warrantied by TASER International. The majority of the Police Department’s X26 Tasers are old and worn out and in need of being replaced. The Police Department contacted TASER International inquiring about a replacement option for the obsolete X26 Taser model and were advised that they will be replaced by the new and improved X26P model. The Police Department determined that they will need forty (40) new Tasers to replace the obsolete models. TASER International informed the Police Department of a program referred to as their Taser 60 Plan. This plan would allow the Police Department to receive all needed forty (40) X26P model Tasers immediately upon signature of their provided quote and allow the Police Department to pay for the forty (40) Tasers over a five (5) year period, interest free. The Police Department did confirm with TASER International that the cost of these Tasers would be the same over the five (5) year time period as they would be if we purchased them all up front (confirmed no additional fees or interest charged for using Taser 60 Plan). Grand Island Council Session - 12/27/2016 Page 263 / 276 All of the forty (40) Tasers would also be covered under an extended warranty, which would cover them for the entire length of the agreement (five years). The initial total cost over the five (5) years, or Taser 60 Plan agreement, would be $49,588. This cost includes $588 for shipping and handling and also includes a credit or discount back to the Police Department of $3,800 for trade in of our current thirty-eight (38) X26 Tasers ($100 credit or discount per Taser). This discount will be credited to the 1st year payment under the agreement for a total 1st year payment of $6,232 ($10,560 minus the discount of $3,800). Yearly payments for years 2 through 5 will be $10,560. The Police Department is also requesting to have TASER International designated as the Sole Source Provider for Tasers sold to our department. TASER International is the only manufacturer and distributer of Tasers that meet our needs and specifications. Included in the Council packet is the Sole Source Provider letter from TASER International. 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 quote/purchase agreement (Taser 60 Plan) for forty (40) Tasers for the Police Department from TASER International and also approve the designation of TASER International as the Sole Source Provider of Tasers for the Police Department. Sample Motion Move to approve the quote/purchase agreement for forty (40) Tasers for the Police Department and the designation of TASER International as the Sole Source Provider of Tasers for the Police Department. Grand Island Council Session - 12/27/2016 Page 264 / 276 Grand Island Council Session - 12/27/2016 Page 265 / 276 Grand Island Council Session - 12/27/2016 Page 266 / 276 Grand Island Council Session - 12/27/2016 Page 267 / 276 Grand Island Council Session - 12/27/2016 Page 268 / 276 Grand Island Council Session - 12/27/2016 Page 269 / 276 Grand Island Council Session - 12/27/2016 Page 270 / 276 Grand Island Council Session - 12/27/2016 Page 271 / 276 Grand Island Council Session - 12/27/2016 Page 272 / 276 Grand Island Council Session - 12/27/2016 Page 273 / 276 Grand Island Council Session - 12/27/2016 Page 274 / 276 Approved as to Form ¤ ___________ December 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-318 WHEREAS, The Grand Island Police Department is in need of replacing thirty- eight (38) obsolete model X26 Tasers carried as intermediate weapons by its officers; and WHEREAS, The Police Department has determined that it needs forty (40) new X26P Tasers for rotation with current sworn officer strength; and WHEREAS, The Police Department purchases its Tasers through TASER International, which is a Sole Source Provider of the Tasers to Public Safety agencies; and WHEREAS, The Police Department would like to complete the purchase of the forty (40) new X26P Tasers on a five (5) year purchase agreement through TASER International (known as the Taser 60 Plan), with no additional interest or fees charged on the agreement and a total five (5) year cost of $49,588; and WHEREAS, The Police Department would like to have TASER International designated as a Sole Source Provider of Tasers for the Grand Island Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the five (5) year purchase agreement with TASER International for the purchase of forty (40) new X26P Tasers for a total amount of $49,588, and to designate TASER International as the Sole Source Provider of Tasers for the Grand Island PoliceDepartment. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/27/2016 Page 275 / 276 City of Grand Island Tuesday, December 27, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of December 14, 2016 through December 27, 2016 The Claims for the period of December 14, 2016 through December 27, 2016 for a total amount of $4,994,397.41. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 12/27/2016 Page 276 / 276