11-28-2017 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 28, 2017
Council Session Packet
City Council:
Linna Dee Donaldson
Michelle Fitzke
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Roger Steele
Mark Stelk
Mayor:
Jeremy L. Jensen
City Administrator:
Marlan Ferguson
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
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City of Grand Island Tuesday, November 28, 2017
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 Jim Reynolds, Berean Bible Church, 4116 West Capital
Avenue
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, November 28, 2017
Council Session
Item E-1
Public Hearing on Amendment to the Redevelopment Plan for
CRA Area No. 1 located at 320-322 N. Pine Street (Urban Island,
LLC)
Council action will take place under Resolution item I-1.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:November 28, 2017
Subject:Amendment to Redevelopment Plan for CRA Area #1
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The generalized redevelopment plan authorized the use of Tax Increment
Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. TIF can also be used for
improvements to and expansion of existing infrastructure including but not limited to:
streets, water, sewer, drainage.
Urban Island LLC, the owner of the former Nathan Detroits building has submitted a
proposed amendment to the redevelopment plan that would provide for renovation and
redevelopment of this property for commercial and residential uses at 320 and 322 N.
Pine Street in Grand Island, Nebraska.
The CRA reviewed the proposed development plan on October 18, 2017 and forwarded it
to the Hall County Regional Planning Commission for recommendation at their meeting
on November 1, 2017. The CRA also sent notification to the City Clerk of their intent to
enter into a redevelopment contract for this project pending Council approval of the plan
amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on February 1, 2017. The Planning Commission approved
Resolution 2018-04 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island. The CRA approved Resolution 258 forwarding the redevelopment plan
along with the recommendation of the planning commission to the City Council for
consideration.
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Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
amendment (including the cost benefit analysis that was performed regarding this
proposed project) and to enter into the record a copy of the plan amendment that would
authorize a redevelopment contract under consideration by the CRA.
Council is being asked to approve a resolution approving the cost benefit analysis as
presented in the redevelopment plan along with the amended redevelopment plan for
CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan
amendment. The redevelopment plan amendment specifies that the TIF will be used to
offset allowed costs for renovation and rehabilitation of this property for commercial and
residential uses. The cost benefit analysis included in the plan finds that this project
meets the statutory requirements for as eligible TIF project and that it will not negatively
impact existing services within the community or shift additional costs onto the current
residents of Grand Island and the impacted school districts. There are over $756,000 of
identified expenses eligible for Tax increment financing associated with the proposed
redevelopment plan amendment. The bond for this project will be issued for a period of
15 years and will end upon final payment of the bond principal and any associated
interest. The proposed bond for this project will be issued for the expected TIF proceeds
for the 15 year period of $164,181.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Redevelopment Plan Amendment
Grand Island CRA Area 1
October 2017
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 1 with in the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area 1.
Executive Summary:
Project Description
THE REDEVELOPMENT OF THE BUILDING LOCATED AT 320 and 322 N. PINE
STREET FOR COMMERCIAL AND RESIDENTIAL USES, INCLUDING FIRE/LIFE
SAFETY IMPROVEMENTS AND BUILDING REHABILITATION AND
REMODELING.
The use of Tax Increment Financing to aid in rehabilitation expenses associated with
redevelopment of the kitchen/party room for Kinkaider Brewing Company formerly
Nathan Detroits 320 and 322 N. Pine Street into a mixed use building containing six
apartments and two retail tenant spaces. The use of Tax Increment Financing is an
integral part of the development plan and necessary to make this project affordable. The
project will result in renovating this historic building into a combination of commercial
space and market rate residential units. The addition of the residential units is consistent
with the downtown redevelopment plan and priorities to add 50 residential units
downtown by 2019. This project would not be possible without the use of TIF.
Urban Island LLC is the owner of the property. Urban Island LLC purchased this
property in 2016. The purchase price is not included as an eligible TIF activity. Portions
of the building are currently vacant the kitchen for the Kinkaider Brewing Company is
located within this building and part of the space are being used for gatherings and
receptions. The developer is responsible for and has provided evidence that they can
secure adequate debt financing to cover the costs associated with the remodeling and
rehabilitation of this building. The Grand Island Community Redevelopment Authority
(CRA) intends to pledge the ad valorem taxes generated over the 15 year period
beginning January 1, 2019 towards the allowable costs and associated financing for
rehabilitation.
TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
320 and 322 N. Pine Street in Grand Island Nebraska
Legal Descriptions: North One Half Lot One (1) in Block Fifty-Five (55) in the
Original Town, now City of Grand Island, Hall County, Nebraska.
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Existing Land Use and Subject Property
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The tax increment will be captured for the tax years the payments for which become
delinquent in years 2020 through 2034 inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from rehabilitation of this
building for commercial and residential uses as permitted in the B3 Heavy Business
Zoning District.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of fifteen years after the effective date of this provision as set forth in
the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall
be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on December 19, 2000.[§18-2109] Such
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declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate the building for permitted uses on this property as defined by
the current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on November 1, 2017 and passed
Resolution 2018-04 confirming that this project is consistent with the Comprehensive
Plan for the City of Grand Island. The Grand Island Public School District has submitted
a formal request to the Grand Island CRA to notify the District any time a TIF project
involving a housing subdivision and/or apartment complex is proposed within the
District. The school district was notified of this plan amendment at the time it was
submitted to the CRA for initial consideration.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area 1 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does not provide for the demolition and
removal any structures on this property.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for Downtown Commercial development;
this includes housing and commercial uses within the same structure. This property is in
private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site
plan of the area after redevelopment. [§18-2111(5)]
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City of Grand Island Future Land Use Map
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d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this
project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is rehabilitating the existing building. The developer is not proposing to
increase the size of the building and current building meets the applicable regulations
regarding site coverage and intensity of use. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. The developer will be
required to extend a water line capable of providing sufficient water for the sprinkler
system required to convert this building in a multifamily apartment building.
Electric utilities are sufficient for the proposed use of this building.
No other utilities would be impacted by the development.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This property, owned by the
developer, is vacant and has been vacant for more than 1 year; no relocation is
contemplated or necessary. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106] No members of the
authority or staff of the CRA have any interest in this property.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer owns this property and acquisition is not part of the request for tax
increment financing. The estimated costs of rehabilitation of this property is $737,209,
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planning related expenses for Architectural and Engineering services of $8,500 and are
included as a TIF eligible expense. Legal, Developer and Audit Fees of $12,000
including a reimbursement to the City and the CRA of $7,000 are included as TIF eligible
expense. The total of eligible expenses for this project exceeds $756,709. The CRA has
been asked to grant $105,000 to this project to offset the cost of life safety improvements
and $168,677 in façade improvement funds. The total eligible expenses for this project
less other grant funds by the CRA is $318,851. The developers have also invested
$265,000 in acquisition of the property and additional funding in other improvements
including new windows on the second floor.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $164,181 from the proceeds of the TIF which
after interest is paid will result in approximately $115,000 of direct aid to the project.
This indebtedness will be repaid from the Tax Increment Revenues generated from the
project. TIF revenues shall be made available to repay the original debt and associated
interest after January 1, 2020 through December 2034.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan. This
will have the intended result of preventing recurring elements of unsafe buildings and
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blighting conditions. This will accomplish the goal of both the Downtown Business
Improvement District and the Grand Island City Council of increasing the number of
residential units available in the Downtown area.
8. Time Frame for Development
Development of this project is anticipated to be completed between December 2017 and
October of 2018. Excess valuation should be available for this project for 15 years
beginning with the 2020 tax year.
9. Justification of Project
This is an historic building in downtown Grand Island that will be preserved with this
project. The addition of a new upper story residential unit is consistent with goals to
build 50 new residential units in downtown Grand Island by 2019 and with the goals of
the 2014 Grand Island housing study and Grow Grand Island. The main floor will be
used for commercial tenant space with a single efficiency apartment at the rear of the
building.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2012), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
Project Sources and Uses. Approximately $164,181 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This property has requested a life/safety grant of
$105,000 and a façade improvement grant of $168,677. This investment by the Authority
will leverage $698,778 in private sector financing; a private investment of $1.60 for
every TIF and grant dollar investment.
Use of Funds Source of Funds.
Description TIF Funds Other
Grants
Private Funds Total
Site Acquisition $265,000 $265,000
Legal and Plan*$12,000 $12,000
Engineering/Arch $8,500 $8,500
Renovation $164,181 $105,000 $298,351 $568,532
Facade $168,677 $168,677
Developer/Audit Feets $34,927 $34,927
Contingency $80,000 $80,000
TOTALS $164,181 $273,677 $698,778 $1,136,636
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Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2018,
valuation of approximately $150,688. Based on the 2016 levy this would result in a real
property tax of approximately $3,275. It is anticipated that the assessed value will
increase by $503,673 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $10,945 annually. The tax
increment gained from this Redevelopment Project Area would not be available for use
as city general tax revenues, for a period of 15 years, or such shorter time as may be
required to amortize the TIF bond, but would be used for eligible private redevelopment
costs to enable this project to be realized.
Estimated 2016 assessed value:$ 150,688
Estimated value after completion $ 654,361
Increment value $ 503,673
Annual TIF generated (estimated)$ 10,945
TIF bond issue $ 164,181
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $150,688.
The proposed redevelopment will create additional valuation of $503,673. No tax shifts
are anticipated from the project. The project creates additional valuation that will support
taxing entities long after the project is paid off.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools in any significant way. Fire and police protection are available and should not be
negatively impacted by this development. The addition of life safety elements to this
building including fire sprinklers and a second exit actually reduce the chances of
negative impacts to the fire department.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This will provide additional housing options in the downtown area consistent with the
planned development in Downtown Grand Island.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
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This project will not have a negative impact on other employers in any manner
different from any other expanding business within the Grand Island area. This will
provide housing options for employees of Downtown businesses that wish to live
Downtown.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project is consistent the goals of the Council, the Downtown BID, the CRA, and
Grow Grand Island to create additional housing units in downtown Grand Island.
Time Frame for Development
Development of this project is anticipated to be completed during between December of
2017 and October of 2018. The base tax year should be calculated on the value of the
property as of January 1, 2018. Excess valuation should be available for this project for
15 years beginning in 2019 with taxes due in 2020. Excess valuation will be used to pay
the TIF Indebtedness issued by the CRA per the contract between the CRA and the
developer for a period not to exceed 15 years or an amount not to exceed $164,181 the
projected amount of increment based upon the anticipated value of the project and current
tax rate. Based on the estimates of the expenses of the rehabilitation the developer will
spend at least $790,000 on TIF eligible activities in excess of other grants given. The
CRA will reserve the right to issue additional debt for this project upon notification by
the developer of sufficient expenses and valuation to support such debt in the form of a
second or third bond issuance.
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BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name: Urban Island LLC ________________________
Address: 2016 West State st. Grand Island NE 68803
Telephone No.: (308) 227-6213
Fax No.:
Contact: Jon Myers
Brief Description of Applicant’s Business:
Urban Island is a real estate development company. They currently own
and/or manage several buildings in downtown Grand Island.
Present Ownership Proposed Project Site: Urban Island LLC
Proposed Project: Building square footage, size of property, description of
buildings – materials, etc. Please attach site plan, if available.
The building formerly housed Nathan Detroit's, and is now home of Kinkaider
Brewing Company. The property being redeveloped is the building that houses
the Kinkaider kitchen/party room, not the building that houses the dining room to
the south. There is approximately 3,800 square feet per floor and it consists of a
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basement, main floor and second floor. The building is brick and wood. Please
see attached floor plans.
If Property is to be Subdivided, Show Division Planned:
VI. Estimated Project Costs:
Acquisition Costs:
A. Land $ 265,000
B. Building $
Construction Costs:
A. Renovation or Building Costs: $ 568,532
B. On-Site Improvements: $
re-platting, demo, asbestos removal, tree removal, etc.
Soft Costs:
A. Architectural & Engineering Fees: $ 8,500
B. Financing Fees: $
Closing costs, filing fees
C. Legal/Developer/Audit Fees: $ 46,927
D. Contingency Reserves: $ 80,000
E. Other (Please Specify) $ 168,677
Façade costs
TOTAL $ 1,137,636
Total Estimated Market Value at Completion: $ 780,000
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Source of Financing:
A. Developer Equity: $ 265,000
B. Commercial Bank Loan: $ 484,032
Tax Credits:
1. N.I.F.A. $
2. Historic Tax Credits $
D. Industrial Revenue Bonds: $
E. Tax Increment Assistance: $ 114,927
F. Other (Life safety & Façade grants) $ 273,677
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
General Contractor: Amos Anson, Empire Development, PO Box 1665 Grand Island NE 68802 308-390-2455
Architect: Stacy J Spotanski/ Toby Gay, Gay & Associates, 1470 31st Ave, Columbus, NE (308) 850-8186
Engineer: Olsson Associates, 201 E 2nd Grand Island, NE 68801 308-384-8750 Mike Spilinek
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
See attached
Project Construction Schedule:
Construction Start Date: Upon CRA approval
Construction Completion Date: Q3 2018
If Phased Project:
Year ___ % Complete
___________________ Year ___% Complete
XII. Please Attach Construction Pro Forma: See attached
XIII. Please Attach Annual Income & Expense Pro Forma: See attached
(With Appropriate Schedules)
Grand Island Council Session - 11/28/2017 Page 18 / 153
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
Urban Island LLC is requesting $164,181 in tax increment financing. The TIF
will be used for renovation costs.
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing
for Proposed Project: Without TIF assistance the project will not cash flow and
therefore will not be a successful business venture. See attached proforma
Municipal and Corporate References (if applicable). Please identify all other
Municipalities, and other Corporations the Applicant has been involved with, or
has completed developments in, within the last five (5) years, providing contact
person, telephone and fax numbers for each:
NA
IV. Please Attach Applicant’s Corporate/Business Annual Financial Statements for
the Last Three Years.
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
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City of Grand Island
Tuesday, November 28, 2017
Council Session
Item F-1
#9667 - Consideration of Amending Chapter 15 of the Grand
Island City Code to Adopt the 2017 National Electrical Code
Staff Contact: Craig Lewis
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Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 28, 2017
Subject:Amending Chapter 15 of the Grand Island City Code to
Adopt the 2017 National Electrical Code
Presenter(s):Craig Lewis, Building Department Director
Background
The Grand Island City has adopted and enforced electrical regulations for several
decades. Currently the 2014 edition of the National Electrical Code is adopted to provide
minimum standards for the protection of the public health, safety, and welfare in regard
to electrical installations and facilities. This proposal is to amend the City code by the
adoption of the latest edition of the National Electrical Code, that being the 2017 edition.
Discussion
This edition and adoption is intended to keep Grand Island current with the State of
Nebraska.
These modifications have been before the Grand Island Electrical Board and received
their approval and endorsement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or /Deny the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 11/28/2017 Page 28 / 153
Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2017 National Electrical Code and modify Chapter 15 of the City Code.
Sample Motion
Move to approve Ordinance #9667 to amend Chapter 15 of the City Code.
Grand Island Council Session - 11/28/2017 Page 29 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
ORDINANCE NO. 9667
An ordinance to amend Chapter 15 of the Grand Island City Code; to
amend various sections of Chapter 15 pertaining to housekeeping issues, terminologies
and organizational structure; to repeal Chapter 15 as now existing, and 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. That Chapter 15, Sections 2, 3, 8, and 11 of the Grand
Island City Code shall be modified to read as follows:
§15-2. National Electrical Code Adopted
(A) There is hereby adopted by the City of Grand Island for the purpose of safeguarding persons
and buildings from hazards arising from the use of electricity for light, heat, power, radio, signaling, and
other purposes, that certain code known as the National Electrical Code, 2014 2017 Edition, recommended
by the National Fire Protection Association, except as modified by this section.
(B) The National Electrical Code is modified by deleting Article 210-52C Subsection 2 and 3.
Articles 210.11, 320 and 330 are amended by §15-3 of the Grand Island City Code.
(C) One copy of the National Electrical Code, 2014 2017 Edition, shall be on file in the City
Clerk's office for public use and inspection as provided by law.
Amended by Ordinance No. 8990, effective 08-10-2005
Amended by Ordinance No. 9194, effective 11-01-2008
Amended by Ordinance No. 9366, effective 03-30-2012
Amended by Ordinance No. 9508, effective 12-31-2014
Amended by Ordinance No. 9578, effective 03-29-2016
Amended by Ordinance No. 9667, effective 01-01-2018
§15-3. Amendments to National Electrical Code, 2014 2017 Edition
The following sections are adopted as amendments to the same numbered sections of the National
Electrical Code, 2014 2017Edition:
Article 210.11(C)(3) Shall be limited to two bathrooms.
Article 320 – Armored cable (type AC)
Anti short bushings shall be used.
Article 330 - Metal-Clad Cable (Type MC)
Anti short bushings shall be used.
Amended by Ordinance No. 8990, effective 08-10-2005
Amended by Ordinance No. 9194, effective 11-01-2008
Amended by Ordinance No. 9366, effective 03-30-2012
Amended by Ordinance No. 9508, effective 12-31-2014
Grand Island Council Session - 11/28/2017 Page 30 / 153
ORDINANCE NO. 9667 (Cont.)
2
Amended by Ordinance No. 9578, effective 03-29-2016
Amended by Ordinance No. 9667 , effective 01-01-2018
§15-8. Wiring In Single and Multiple-Family Units
(A) Multiple family units may have branch circuits in individual units wired with nonmetallic
sheathed cable if construction complies with Chapter 8 of the Grand Island City Code.
(B) Existing residential buildings containing more than six family units not having a two-hour
fire wall rating separation as provided in Chapter 8 of the Grand Island City Code shall not be wired with
nonmetallic cable.
(C) No wiring in basements below the floor joist on exterior walls shall be wired with
unprotected nonmetallic cable.
(D) Smoke alarms shall be installed to comply with Section R314 of the 2012 2015International
Residential Code.
(E) Carbon monoxide alarms shall be installed to comply with Section R315 of the 2012 2015
International Residential Code.
Amended by Ordinance No. 9366, effective 03-30-2012
Amended by Ordinance No. 9508, effective 12-31-2014
Amended by Ordinance No. 9578, effective 03-29-2016
Amended by Ordinance No. 9667, effective 01-01-2018
§15-11. Requirements for Electrical Installations
(A) Aluminum Conductors – aluminum conductors may be used for service entrance and feeders
only.
(B) Equipment grounding conductors – an equipment grounding conductor will be required in all
conduit systems except for rigid metal conduit systems with threaded hubs, couplings or fittings.
(C) CSST gas piping shall be bonded to comply with section 1311.14.2 1312.2 of the 2012 2015
Uniform Mechanical Code.
(D) Non-grounding receptacles shall not be installed, either in new work or for replacement,
after December 31, 2014.
Amended by Ordinance No. 9194, effective 11-1-2008
Amended by Ordinance No. 9508, effective 12-31-2014
Amended by Ordinance No. 9667 , effective 01-01-2018
SECTION 2. Chapter 15 as now existing, and Any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or
phrase of this ordinance shall not affect the validity or enforceability of any other section,
subsection, sentence, clause, or phrase thereof.
Grand Island Council Session - 11/28/2017 Page 31 / 153
ORDINANCE NO. 9667 (Cont.)
3
SECTION 4. This ordinance shall be in force and take effect from and
after its passage and publication, within fifteen days in one issue of the Grand Island
Independent as provided by law. on January 1, 2018.
Enacted: November 28, 2017.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 32 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item F-2
#9668 - Consideration of Amending Chapter 18 of the Grand
Island City Code to Adopt the 2015 Uniform Mechanical Code
Staff Contact: Craig Lewis
Grand Island Council Session - 11/28/2017 Page 33 / 153
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 28, 2017
Subject:Amending Chapter 18 of the Grand Island City Code to
Adopt the 2015 Uniform Mechanical Code
Presenter(s):Craig Lewis, Building Department Director
Background
The City of Grand Island has adopted and enforced mechanical regulations for the past
decade. Currently the 2012 edition of the Uniform Mechanical Code is adopted to
provide minimum standards for the protection of the public health, safety, and welfare in
regard to mechanical installations and facilities. This proposal is to amend the City Code
by the adoption of the latest edition of the Uniform Mechanical Code, that being the 2015
edition.
Discussion
The City generally adopts published model codes on a three to six year cycle as model
codes are published and revised every three years. This edition and adoption is intended
to keep Grand Island current with the latest model mechanical code.
These modifications have been before the Grand Island Mechanical Board and received
their approval and endorsement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or /Deny the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 11/28/2017 Page 34 / 153
Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2015 Uniform Mechanical Code and modify chapter 18 of the City Code.
Sample Motion
Move to approve Ordinance #9668 to amend chapter 18 of the City Code.
Grand Island Council Session - 11/28/2017 Page 35 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
ORDINANCE NO. 9668
An ordinance to revise Chapter 18 of the Grand Island City Code to adopt the
2012 2015 Uniform Mechanical Code; and to repeal any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance, said
effective date is June 15, 2014 January 1, 2018.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Chapter 18, Sections 5 and 6 of the Grand Island City Code
shall be modified to read as follows:
18-5. Uniform Mechanical Code Adopted
The Uniform Mechanical Code, 2012 2015 Edition, published by the International Association of Plumbing
and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments
thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by
ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code,
2012 2015 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section:
1.Appendix A- Uniform Mechanical Code Standard 6-2 Standard for Metal Ducts
2.Appendix C- Installation and Testing of Oil (Liquid) Fuel-Fired Equipment.
3.Appendix E- Sustainable Practices
4.Appendix F- Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
5.Appendix G- Example Calculation of Outdoor Air Rate
Amended by Ordinance No. 9378, effective 05-15-2012
Amended by Ordinance No. 9668, effective 01-01-2018
§18-6. UMC - Certain Sections not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform Mechanical Code
are not adopted or approved, and the same shall be of no force and effect:
1.Table1-1 Table 104.5 Mechanical Permit Fees
2.Sections 1203.2 Dual Purpose Water Heater, 1207.3 Dual-Purpose Water Heaters, 1207.3.1 Temperature
Limitations and Table 1203.2 Water Heaters,
2. 3. Chapter 11- Refrigeration.
3. 4. Chapter 14- Process Piping.
4. 5. Chapter 16- Stationary Fuel Cell Power Plants.
6. Appendix A- Residential Plan Examiner Review Form for HVAC System Design
5. 7. Appendix B- Procedures to be Followed to Place Gas Equipment in Operation.
6. 8. Appendix D- Unit Conversion Tables Fuel Supply: Manufactured/Mobile Home Parks and Recreational
Vehicle Parks.
Grand Island Council Session - 11/28/2017 Page 36 / 153
ORDINANCE NO. 9668 (Cont.)
2
9. Section 806.0 Certificate of Acceptance Forms of Appendix E- Sustainable Practices
Deleted by Ordinance No. 9378, effective 05-15-2012
Amended by Ordinance No. 9668, effective 01-01-2018
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, on June 15, 2014 January 1, 2018.
Enacted: November 28, 2017.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 37 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item F-3
#9669 - Consideration of Amending Chapter 26 of the Grand
Island City Code to Adopt the 2015 Uniform Plumbing Code
Staff Contact: Craig Lewis
Grand Island Council Session - 11/28/2017 Page 38 / 153
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:November 28, 2017
Subject:Amending Chapter 26 of the Grand Island City Code to
Adopt the 2015 Uniform Plumbing Code
Presenter(s):Craig Lewis, Building Department Director
Background
The Grand Island City has adopted and enforced plumbing regulations for several
decades. Currently the 2012 edition of the Uniform Plumbing Code is adopted to provide
minimum standards for the protection of the public health, safety, and welfare in regard
to plumbing installations and facilities. This proposal is to amend the City Code by the
adoption of the latest edition of the Uniform Plumbing code, that being the 2015 edition.
Discussion
The City generally adopts published model codes on a three to six year cycle as model
codes are published and revised every three years. This edition and adoption is intended
to keep Grand Island current with the latest model plumbing code.
These modifications have been before the Grand Island Plumbing Board and received
their approval and endorsement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the ordinance.
2.Disapprove or /Deny the ordinance.
3.Modify the ordinance to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 11/28/2017 Page 39 / 153
Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2015 Uniform Plumbing Code and modify Chapter 26 of the City Code.
Sample Motion
Move to approve Ordinance #9669 to amend Chapter 26 of the City Code.
Grand Island Council Session - 11/28/2017 Page 40 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
ORDINANCE NO. 9669
An ordinance to revise Chapter 26 of the Grand Island City Code to bring it into
conformity with the 2012 2015 UPC Code Changes; and to repeal any ordinance or parts of
ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance, said effective date is June 15, 2014 January 1, 2018.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Chapter 26, Sections 1 and 2 of the Grand Island City Code
shall be modified to read as follows:
§26-1. Uniform Plumbing Code Adopted
The Uniform Plumbing Code, 2012 2015 Edition, published by the International Association of Plumbing
and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments
thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by
ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Plumbing Code,
2012 2015 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
The following appendices shall be used with the Uniform Plumbing Code adopted by this section:
1. Appendix A – Recommended Rules for Sizing the Water Supply System.
2. Appendix B – Explanatory Notes on Combination Waste and Vent Systems.
3. Appendix C – Alternative Plumbing Systems.
4. Appendix D – Sizing Storm Water Drainage Systems.
Amended by Ordinance No. 9024, effective 03-01-2006
Amended by Ordinance No. 9118, effective 05-15-2007
Amended by Ordinance No. 9379, effective 05-15-2012
Amended by Ordinance No. 9669, effective 01-01-2018
§26-2. UPC - Certain Sections not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform Plumbing Code are
not adopted or approved, and the same shall be of no force and effect:
1. Table 103.4 104.5 - Plumbing Permit Fees.
2. Section 612.0 – Residential Fire Sprinkler Systems.
2. 3. Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems.
3. 4. Chapter 16 15 – Alternative Water Sources for Nonpotable Applications.
5. Chapter 16 – Nonpotable Rainwater Catchment Systems.
4. 6. Appendix E – Manufacture/Mobile Home Parks and Recreational Vehicle Parks.
5. 7. Appendix F – Firefighter Breathing Air Replenishment Systems
5. 8. Appendix G – Sizing of Venting Systems
6. 9. Appendix H – Private Sewage Disposal Systems.
7. 10. Appendix I –Installation standards.
11. Appendix J – Combination of Indoor and Outdoor Combustion and Ventilation Opening Design
12. Appendix K – Potable Rainwater Catchment Systems
Grand Island Council Session - 11/28/2017 Page 41 / 153
ORDINANCE NO. 9487 (Cont.)
2
13. Appendix L – Sustainable Practicies
Amended by Ordinance No. 9024, effective 03-01-2006
Amended by Ordinance No. 9118, effective 05-15-2007
Amended by Ordinance No. 9379, effective 05-15-2012
Amended by Ordinance No. 9669, effective 01-01-2018
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, on June 15, 2014 January 1, 2018.
Enacted: November 28, 2017.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 42 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item F-4
#9670 - Consideration of Amending Chapter 16 of the Grand
Island City Code to Adopt the 2015 International Fire Code
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 11/28/2017 Page 43 / 153
Council Agenda Memo
From:Fred Hotz, Fire Prevention Division Chief
Meeting:November 28, 2017
Subject:Amendment to Chapter 16 of the Grand Island City Code
to adopt the 2015 International Fire Code and add
language to the permit section establishing a Fire Safety
Occupancy Permit
Presenter(s):Fred Hotz, Fire Prevention Division Chief
Background
The City of Grand Island has for generations adopted and enforced fire codes which
regulate life and fire safety features of buildings within the City of Grand Island. The
purpose of this code is to establish the minimum requirements consistent with nationally
recognized good practice for providing a reasonable level of life safety and property
protection from the hazards of fire, explosion or general dangerous conditions in new and
existing building, structures and premises, and to provide safety to fire fighter and
emergency responders during emergency operations.
Council approved an Occupancy Use Permit Fee. Language in the ordinance was not
adopted at that time that established the requirement for the permit.
Discussion
The City currently adopts and enforces the 2012 edition of the International Fire Code
(IFC) as published by the International Code Council. Recently, Oct. 24, 2017, the City
Council adopted the 2015 edition of the International Building Code. The IFC is the
“sister” code to this building code. Both editions are published by the International Code
Council. The Fire Prevention Division recommends adoption of the 2015 edition of the
International Fire Code with the revisions as outlined in the attached amended chapter 16
of the City Code.
An amendment to the permit section of the International Fire Code establishes a Fire
Safety Occupancy Permit. The amendment would require commercial properties to
maintain their permit status or make application to the building department if change in
permit is required.
Grand Island Council Session - 11/28/2017 Page 44 / 153
Old language in the chapter 16 of City code refers to the “Bureau of Fire Prevention” (16-
2). The fire department language has changed over the years and a fire division has been
created. This amendment would “clean up” the language and reference current
department division, i.e. “Fire Prevention Division”.
Alternatives
It appears the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the recommendation of the
Fire Prevention Division and amend Chapter 16 to adopt the 2015 International Fire Code
and amendment changes and begin enforcement January 1, 2018.
Sample Motion
Move to approve Ordinance #9670 amending Chapter 16 of the Grand Island City Code
and adopting the 2015 edition of the International Fire Code.
Grand Island Council Session - 11/28/2017 Page 45 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
ORDINANCE NO. 9670
An ordinance to amend Chapter 16, Article I, of the City Code of the City of
Grand Island; to amend Sections 16-1, 16-2, and 16-3; to add new sections 16-3.6, 16-3.7, 16-
3.8, 16-3.9, and 16-3.10 amending the International Fire Code; 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. Grand Island City Code Chapter 16 Fire Prevention, Article I.
General, Sections 16-1, 16-2, and 16-3 are hereby amended to read as follows:
§16-1. International Fire Code (IFC) Adopted
The International Fire Code, 20125 Edition, published by the International Code Council, is hereby adopted, except for such portions as heretofore or hereafter have been
deleted, modified, or amended by ordinance and set forth in this Code. The following
sections of the Appendix shall also be adopted:
Appendix B – Fire Flow Requirements for Buildings Appendix C – Fire Hydrant Locations and Distribution
Appendix D – Fire Apparatus Access Roads
Appendix E – Hazard Categories
Appendix F – Hazard Rankings
Appendix I – Fire Protection Systems-Noncompliant Conditions
One copy of said Code shall be filed in the office of the City Clerk as provided by law.
Amended by Ordinance 8957, effective 3-31-2005 Amended by Ordinance No. 9488, effective 06-17-2014 Amended by Ordinance No. 9670, effective 01-01-2018
§16-2. Bureau of Fire Prevention The Bureau of Fire Prevention Division for the City of Grand Island is hereby established and shall consist of the Fire Departmentnon-sworn inspectors of the City of
Grand Island Fire Department and shall include and be operated under the supervision of
the chief of the Bureau of Fire Prevention who shall be the chief of the Fire
DepartmentFire Prevention Division Chief. The provisions of Chapter 16 of the Grand Island City Code shall be enforced by the Bureau of Fire Prevention Division. All permits required by this chapter, unless otherwise specified, shall be issued only upon application
Grand Island Council Session - 11/28/2017 Page 46 / 153
ORDINANCE NO. 9670 (Cont.)
2
to the Bureau of Fire Prevention Division in such form and detail as it shall prescribe. All
permits issued by the Bureau of Fire Prevention Division shall be issued with the name of
the applicant and the prevention stated thereon.
Amended by Ordinance No. , effective 01-01-2018
§16-3. International Fire Code (IFC); Sections And Chapters Not
Adopted[Reserved.]
It is especially provided that the following chapters, sections, and/or portions of
the International Fire Code adopted pursuant to Section 16-1 above, are not adopted or
approved, and the same shall be of no force and effect in accordance with state statutes:
Section 105 – Permits
Section 108 – Board of Appeals
Chapter 11 – Construction Requirements for Existing Buildings
Chapter 61 – Liquefied Petroleum Gases
Amended by Ordinance No. 8957, effective 3-31-2005 Amended by Ordinance No. 9488, effective 06-17-2014
Amended by Ordinance No. 9670, effective 01-01-2018 SECTION 2. Grand Island City Code Chapter 16 Fire Prevention, Article I.
General is hereby amended by adding the following Sections 16-3.6, 16-3.7, 16-3.8, and 16-3.9,
amending the International Fire Code:
§16-3.6. IFC – Amendment of Section 105.1.2
Section 105.1.2 of the International Fire Code is hereby amended to read as follows:
105.1.2 Types of permits. There shall be two three types of permits as follows:
1. Fire Safety Occupancy Use Permit. An Occupancy Use Permit is a renewal permit
thereby allowing occupants to continue use of a structure previously permitted for
occupancy by the building department by section 111.1 of the City adopted International Building Code.
12. Operational permit. An operational permit allows the applicant to conduct an
operation or a business for which a permit is required by Section 105.6 for either:
1.1. A prescribed period. 1.2. Until renewed or revoked.
23. Construction permit. A construction permit allows the applicant to install or modify
systems and equipment for which a permit is required by Section 105.7.
§16-3.7. IFC – Amendment of Section 105.2 Section 105.1.2 of the International Fire Code is hereby amended to read as follows:
105.2 Application. Application for a permit required by this code shall be made to the fire
code official in such form and detail as prescribed by the fire code official. Applications
for permits shall be accompanied by such plans as prescribed by the fire code official.
Grand Island Council Session - 11/28/2017 Page 47 / 153
ORDINANCE NO. 9670 (Cont.)
3
Although an Occupancy Use Permit is required for all occupancies, an application for an
Occupancy Use Permit is not required to be submitted to the fire code official if no
change has transpired. Application and new permits are required for any change of
ownership of building or business, change of business, and any change of occupancy use.
§16-3.8. IFC – Amendment of Section 106.2 Section 106.2 of the International Fire Code is hereby amended to read as follows:
106.2 Inspections. The fire code official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of
such inspections shall be prepared and submitted in writing for review and approval.
Inspection reports shall be certified by a responsible officer of such approved agency or
by the responsible individual. The fire code official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body.
If violations of this Chapter 16, Article I and this code and other pertinent laws and
ordinances are identified during a routine Occupancy Use Inspection and after reasonable time as determined by the fire code official the violations are not corrected, the Fire
Prevention Chief may is authorized to revoke the Fire Safety Occupancy Permit
occupancy permit (Certificate of Occupancy) issued by the building department until
such time as corrections are made. Such actions shall, when requested, be in writing and
shall contain the reasons for the revocation.
§16-3.9. IFC – Amendment of Section 108 Board of Appeals Section 108 of the International Fire Code is hereby amended as follows:
Section 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of appeals. The
board of appeals shall be appointed by the governing body and shall hold office at its
pleasure. The fire code official shall be an ex officio member of said board but shall have
no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to
the appellant with a duplicate copy to the fire code official.
108.2 Limitations on authority. An application for appeal shall be based on a claim that
the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of
protection or safety is proposed. The board shall have no authority to waive requirements
of this code.
108.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions,
hazardous conditions or fire protection systems, and are not employees of the jurisdiction.
Grand Island Council Session - 11/28/2017 Page 48 / 153
ORDINANCE NO. 9670 (Cont.)
4
Section 108 Board of Appeals
The Building Code Advisory Board established by city ordinance §8.6 is hereby
recognized for purposes of determining the suitability of alternate materials and methods of construction.
§16-3.10 IFC – Amendment of Section 109 Violations
Section 109 of the International Fire Code is hereby amended as follows:
[A] 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction [SPECIFY
OFFENSE], punishable by a fine of not more than $500.00. not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS] or both such fine and imprisonment. Each
day that a violation continues after due notice has been served shall be deemed a separate offense.
SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 4. This ordinance shall be in force from and after its passage and
publication in one issue of the Grand Island Independent as provided by law and shall take effect
on January 1, 2018.
Enacted: November 28, 2017.
____________________________________ Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 49 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item F-5
#9671 - Consideration of Amending Chapter 16 of the Grand
Island City Code Regarding Collision Response Fee
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 11/28/2017 Page 50 / 153
Council Agenda Memo
From:Fire Chief, Cory Schmidt
Meeting:November 28, 2017
Subject:Collision Response Ordinance
Presenter(s):Fire Chief, Cory Schmidt
Background
As part of the budget talks for FY 2017-18, all departments were asked to investigate
potential revenue options. The Grand Island Fire Department (GIFD) brought forward
several ideas in an attempt to help the City address some of the financial challenges it is
facing. One of the options was a collision response fee.
Discussion
During the last year, GIFD responded to 343 motor vehicle collisions. Despite the high
number of collision responses, the fire department doesn’t currently charge a fee for a fire
engine or heavy rescue response. Some vehicle insurance policies cover fire department
fees that occur as a result of a motor vehicle collision. The fire department hopes to
recover some of the costs associated with their response by charging a collision response
fee to all drivers involved in an incident. The proposed fees were included in the fee
scheduled presented to Council at the budget meeting on August 15, 2017. The fees were
$500 per hour for an engine company response and an additional $250 per hour for a
heavy rescue response. It is recommended to fee in ¼ hour increments. Council approval
is needed for the ordinance related to the collision response fee. The proposed ordinance
would be included in Chapter 16 of the City Code.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
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 - 11/28/2017 Page 51 / 153
Recommendation
City Administration recommends that the Council approve the ordinance related to the
collision response fee in the amount of $500 per hour for a fire engine response and $250
per hour for a heavy rescue response (billed in ¼ hour increments).
Sample Motion
Move to approve the collision response ordinance proposed by the GIFD in the amount of
$500 per hour for an engine company response and $250 per hour for heavy rescue
response charged to each driver involved in the collision.
Grand Island Council Session - 11/28/2017 Page 52 / 153
Fire
Fire Department
Motor Vehicle Collision Response Fee
Grand Island Council Session - 11/28/2017 Page 53 / 153
Fire
Motor Vehicle Collision (MVC)
GIFD responds to MVCs when someone is hurt,
trapped, or a hazardous condition exists.
Typical response is an ambulance, engine, and shift
commander.
If occupants are trapped, an additional heavy rescue
unit is dispatched.
Grand Island Council Session - 11/28/2017 Page 54 / 153
In the last year, GIFD responded to 343 MVCs
103 involved out of city occupant (30 percent)
78 involved out of county occupant (23 percent)
MVC
Grand Island Council Session - 11/28/2017 Page 55 / 153
Similar to one passed by Fremont
Fee all involved drivers
Rates based on hourly costs associated with apparatus
Billed in quarter hour increments
Proposed Ordinance
Grand Island Council Session - 11/28/2017 Page 56 / 153
Fire
In 2016, Fremont Fire Department responded to 140
MVCs and collected $29,730.98.
GIFD responded to 343 = $72,841.
McKesson will perform billing services
Estimated Revenue
Grand Island Council Session - 11/28/2017 Page 57 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
ORDINANCE NO. 9671
An ordinance to amend Chapter 16 of the City Code of the City of Grand Island;
to add new Article VIII sections 16-33 to 16-3942; 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. Grand Island City Code Chapter 16 is hereby amended by adding
the following:
ARTICLE VIII
Recovery of Costs
§16-33. Recovery of Costs. The City of Grand Island Fire Department is hereby
authorized to recover an hourly fee for responding to vehicular accidents.
§16-34. Rates. A rate schedule for responding to vehicular accidents shall be set annually
by the City’s Fee Schedule Ordinance and may be updated from time to time upon
recommendation of the Grand Island Fire Chief. The hourly rate shall be billed in 15-minute
increments.
§16-35. Collection. The fee set by the City’s Fee Schedule Ordinance may be recovered
from any identified insurance carrier or person or persons, directly by the City or by an attorney,
or through a third-party billing service acting as a contracted authorized agent for the collection
of such costs. In addition to the reasonable costs as set forth in the above-mentioned rate
schedule, the City, attorney, or the third-party billing service shall hereby be authorized to
Grand Island Council Session - 11/28/2017 Page 58 / 153
ORDINANCE NO. 9671 (Cont.)
2
collect, in addition to the reasonable costs, reasonable interest, legal, and any other collection
fees associated with collecting the said costs and fees as permitted by statute. Insured motorists
will not be billed for fees in excess of the amount paid by the insured motorist’s insurance
carrier.
§16-36. Non-payment. In the event that any insurance carrier or person or persons should
fail to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges,
the City, attorney or the third-party billing agency who mailed or delivered the bill or invoice
may enforce the provisions of this chapter by turning over to a third-party collection agency or, if
deemed appropriate, may be enforced by filing a civil action at law in a court of competent
jurisdiction for the collection of any amounts due to the City, together with statutory interest,
court costs, collection fees and associated reasonable attorneys' fees if permitted by law.
The City shall not be obligated to pursue collection efforts against any insurance
company or person in the event that the City reasonably determines that collection efforts will
not be successful or that the costs of collections will exceed the amount due hereunder.
§16-37. No Refusal. Emergency services not to be refused for lack of insurance or ability
to pay. Nothing in this chapter shall authorize any City department or City staff member or
department personnel to refuse or delay any rescue service to any person, firm, organization or
corporation, due to the lack of insurance coverage or ability to pay for said rescue services.
§16-38. Severability. The provisions of this chapter are severable. If any part of this
chapter is declared to be unconstitutional, illegal or invalid, the validity of the remaining
provisions shall be unaffected thereby. It is the intention of the Council of the City of Grand
Grand Island Council Session - 11/28/2017 Page 59 / 153
ORDINANCE NO. 9671 (Cont.)
3
Island that this chapter would have been adopted had such unconstitutional, illegal or invalid part
not been included.
§16-39. Effective Date. Sections 16-33 through 16-39 shall be effective from and after
January 1, 2018.
§ 16-40. [Reserved]
§ 16-41. [Reserved]
§ 16-42. [Reserved]
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication in pamphlet form within fifteen days as provided by law.
Enacted: December November 28, 2017.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 60 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-1
Approving Minutes of November 14, 2107 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/28/2017 Page 61 / 153
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 14, 2017
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 November 14, 2017. Notice of the meeting was given in The Grand Island
Independent on November 8, 2017.
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, Julie Hehnke, Linna Dee Donaldson,
Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmembers Chuck
Haase and Jeremy Jones were absent. The following City Officials were present: City Clerk
RaNae Edwards, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public
Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Megan Woods.
INVOCATION was given by Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial
Drive followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EQUALIZATION: Motion by Minton, second by Paulick to adjourn to the Board
of Equalization. Motion adopted.
#2017-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District No. 539; North
Webb Road and 13th Street. Public Works Director John Collins reported that work had been
completed and connection fees had been calculated. Total project cost was $104,820.49 with an
assessable amount of $69,430.57. Staff recommended approval.
Don Batenhorst, 4180 Texas Avenue spoke in opposition on behalf of his father. Public Works
Director John Collins and City Attorney Jerry Janulewicz answered questions concerning the
cost to the property owners.
Motion by Donaldson, second by Minton to approve Resolution #2017-BE-7. Upon roll call
vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Minton, second by Fitzke to return to Regular
Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearing on Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC,
217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License. City Clerk RaNae
Edwards reported that an application for a Class “C” Liquor License had been received from
Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I &
J. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on October 17, 2017; notice to the general
Grand Island Council Session - 11/28/2017 Page 62 / 153
Page 2, City Council Regular Meeting, November 14, 2017
public of date, time, and place of hearing published on November 4, 2017; notice to the applicant
of date, time, and place of hearing mailed on October 17, 2017; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon final inspections. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement - 2405 E. Stolley Park Road - John C.
Hoffman. Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2405 E. Stolley Park 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 new underground
electric service lines and related infrastructure for a new residence at this location. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 3333 Ramada Road - Southeast Crossings,
LLC. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at
3333 Ramada 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 have access, extend, operate and maintain the underground power lines and
transformer that service the Borders Inn Hotel property. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement - South of One-R Road and West of Hwy.
281 - Petersen. Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located south of One-R Road and west of Hwy 281 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 access to extend, operate and maintain power
lines for the irrigation wells in the area. Staff recommended approval. No public testimony was
heard.
Public Hearing on Request to Rezone Property Located on the East Side of Boggs Avenue from
Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium Density
Residential (T.C. Enck Builders, Inc.). Regional Planning Director Chad Nabity reported that
Todd Enck had submitted an application to rezone property located on the east side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium
Density Residential in order to accommodate the construction of two new duplexes. Staff
recommended approval. No public testimony was heard.
Public Hearing on Request to Rezone Property Located South of Capital Avenue and West of the
Union Pacific Railroad Tracks from R-3 Medium Density Residential to R-3 SL Medium
Density Residential Small Lot (Habitat for Humanity). Regional Planning Director Chad Nabity
reported that Habitat for Humanity had submitted an application to rezone property located south
of Capital Avenue and west of the Union Pacific Railroad Tracks from R-3 Medium Density
Residential to R-3 SL Medium Density Residential Small Lot in order to accommodate 25
percent more homes on this land parcel. Staff recommended approval. Amos Anson, 4234
Arizona Avenue and Dana Jelineck, 502 West 2nd Street spoke in support. No further public
testimony was heard.
Grand Island Council Session - 11/28/2017 Page 63 / 153
Page 3, City Council Regular Meeting, November 14, 2017
Public Hearing on Request to Rezone Property Located South of Lake Street and West of South
Locust Street from LLR Large Lot Residential to B-2 General Business (LBJM, LLC). Regional
Planning Director Chad Nabity reported that LBJM, LLC had submitted an application to rezone
property located south of Lake Street and west of South Locust Street from LLR Large Lot
Residential to B-2 General Business in order to accommodate business uses across the entire
parcel. Staff recommended approval. No public testimony was heard.
Public Hearing on Amendment to the Redevelopment Plan for CRA Area No. 25 located at the
Formerly Used Defense Site in Hall County (Husker Harvest Days). Regional Planning Director
Chad Nabity reported that Farm Progress, owners had proposed to redevelopment plan for the
Husker Harvest Days site with improved water, roads, electrical systems, drainage and perimeter
fencing. Council was being asked to approve a resolution approving the redevelopment plan for
the Husker Harvest Days site along with the contract and interlocal agreement with the CRA to
fund the project using public funds. The resolution authorizes the CRA to execute a
redevelopment contract based on the redevelopment plan. The redevelopment plan specifies that
public funds in an amount not to exceed $2,000,000 or 2/7 of the cost of the project would be
used for redevelopment expenses associated with the project. As part of the contract, the City
would provide the CRA with up to $200,000 per year for 10 years that the CRA would use to pay
Farm Progress, reimbursing them for part of the cost of the improvements. Farm Progress would
agree to host a show comparable, or better than, those held at the site for the past 40 years for a
period of no less than 20 years. The CRA would issue a forgivable loan to Farm Progress for an
amount not to exceed $2,000,000. The CRA would forgive $100,000 of the loan principal each
year that a show was held until such time as the loan was forgiven. Farm Progress would grant a
lien to the CRA on the Farm Progress property, to be held in first position to secure the
$2,000,000 loan. Staff recommended approval. Matt Jungmann representing Farm Progress and
Cindy Johnson representing the Chamber of Commerce spoke in support. David Plautz, 4063
Manchester Road spoke in opposition of using tax dollars to support this project. No further
testimony was heard.
Public Hearing on Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815
Superior Street (Grand Island Area Habitat for Humanity, Inc.). Public Works Director John
Collins reported that Grand Island Area Habitat for Humanity, Inc. approached the City about
potentially acquiring the detention cell that is part of Kurz Subdivision and adding to the public
storm water drainage system. This added capacity to an existing cell was beneficial in a city with
little topographic relief. Maintenance of the added property would be minimal as the City had the
existing cell on a regular maintenance schedule. Staff recommended approval. No further
testimony was heard.
Public Hearing on Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand Island
Public School District). Public Works Director John Collins reported that a public utility
easement was needed at 2124 N Lafayette Avenue to accommodate existing utility infrastructure
and future development. The easement would allow for the construction, operation, maintenance,
extension, repair, replacement, and removal of public utilities within the easement. Staff
recommended approval. No further testimony was heard.
Public Hearing on Acquisition of Land Purchase located at the Southwest Corner of North Road
and 13th Street (Meadows Apartment Homes, LLC.). City Attorney Jerry Janulewicz reported
that after the rejection of all bids for construction of a new 911-Emergency Center at the Fire
Grand Island Council Session - 11/28/2017 Page 64 / 153
Page 4, City Council Regular Meeting, November 14, 2017
Station No.1/Fonner Road location, City staff searched for an alternative location for the facility
and located land suitable in size and location for this purpose and for relocation of Fire Station
No. 4, currently located on State Street at the southwest corner of the Menard’s store and yard.
The land under consideration is owned by the Meadows Apartment Homes, LLC, and is located
at the northwest corner of the intersection of 13th Street and North Road. The land is currently
available for lease with an option to purchase but the owner is unwilling to sell the land until
June 2018 as it was acquired in an IRS Sec. 1031 exchange and must be held by the owner for 12
months in order to preserve favorable tax treatment. The city would lease 3.746 acres until June
30, 2018 with the option to purchase at $27,500 per acre for a total of $103,015.00. Staff
recommended approval. No further testimony was heard.
RESOLUTIONS:
#2017-331 - Consideration of Approving Amendment to the Redevelopment Plan, Interlocal
Agreement, and Redevelopment Contract for CRA Area No. 25 located at the Formerly Used
Defense Site in Hall County (Husker Harvest Days). This item was related to the aforementioned
Public Hearing. Staff recommended approval. Comments were made concerning the benefits to
businesses in Grand Island and the impact on the community. Amy Allen representing Farm
Progress answered questions regarding the corporation structure. Matt Jungmann stated the
project should be completed by July 2018 weather permitting. Mr. Jungmann introduced Roger
and Jason Libby and thanked them for all the work they did at the Husker Harvest site.
Motion by Paulick, second by Donaldson to approve Resolution #2017-331. Upon roll call vote,
all voted aye. Motion adopted.
#2017-332 - Consideration of Lease Agreement with Option to Purchase from Meadows
Apartment Homes, LLC for Property Located at the Southwest Corner of North Road and 13th
Street. This item was related to the aforementioned Public Hearing. Staff recommended
approval. Ray O’Connor, 611 Fleetwood Road spoke in support.
Motion by Nickerson, second by Fitzke to approve Resolution #2017-332. Upon roll call vote,
all voted aye. Motion adopted.
ORDINANCES:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9662 - Consideration of Request to Rezone Property Located on the East Side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3
Medium Density Residential (T.C. Enck Builders, Inc.)
#9663 - Consideration of Request to Rezone Property Located South of Capital Avenue
and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to
R-3 SL Medium Density Residential Small Lot (Habitat for Humanity)
#9664 - Consideration of Request to Rezone Property Located South of Lake Street and
West of South Locust Street from LLR Large Lot Residential to B-2 General Business
(LBJM, LLC)
Grand Island Council Session - 11/28/2017 Page 65 / 153
Page 5, City Council Regular Meeting, November 14, 2017
#9665 - Consideration of Approving Benefits for Sanitary Sewer District No. 539; North
Webb Road and 13th Street
#9666 - Consideration of Directing Sale of Fire Station No. 4, 3690 West State Street to
Menards
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.
#9662 - Consideration of Request to Rezone Property Located on the East Side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3
Medium Density Residential (T.C. Enck Builders, Inc.)
This item relates to the aforementioned Public Hearing.
Motion by Stelk, second by Minton to approve Ordinance #9662.
City Clerk: Ordinance #9662 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 #9662 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 #9662 is declared to be lawfully adopted upon publication as required by
law.
#9663 - Consideration of Request to Rezone Property Located South of Capital Avenue
and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to
R-3 SL Medium Density Residential Small Lot (Habitat for Humanity)
This item relates to the aforementioned Public Hearing.
Motion by Nickerson, second by Donaldson to approve Ordinance #9663.
City Clerk: Ordinance #9663 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 #9663 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 #9663 is declared to be lawfully adopted upon publication as required by
law.
Grand Island Council Session - 11/28/2017 Page 66 / 153
Page 6, City Council Regular Meeting, November 14, 2017
#9664 - Consideration of Request to Rezone Property Located South of Lake Street and
West of South Locust Street from LLR Large Lot Residential to B-2 General Business
(LBJM, LLC)
This item relates to the aforementioned Public Hearing.
Motion by Stelk, second by Donaldson to approve Ordinance #9664.
City Clerk: Ordinance #9664 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 #9664 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 #9664 is declared to be lawfully adopted upon publication as required by
law.
#9665 - Consideration of Approving Benefits for Sanitary Sewer District No. 539; North
Webb Road and 13th Street
This item relates to the aforementioned Board of Equalization. City Attorney Jerry Janulewicz
explained what would happen if a property owner defaulted on their payments. He stated the City
Council could authorize foreclosure on the property.
Motion by Minton, second by Fitzke to approve Ordinance #9665.
City Clerk: Ordinance #9665 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 #9665 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 #9665 is declared to be lawfully adopted upon publication as required by
law.
#9666 - Consideration of Directing Sale of Fire Station No. 4, 3690 West State Street to
Menards
City Attorney Jerry Janulewicz reported that the Purchase Sale Agreement (the “Agreement”) for
council consideration would, if approved by ordinance, authorize the execution of the Purchase
Sale Agreement and direct the sale of Lot One in State Subdivision in the City of Grand Island,
Hall County, Nebraska, in consideration of $103,015.00 cash consideration paid at closing. As
additional consideration for the sale of the city property, within two years of closing Menard
Grand Island Council Session - 11/28/2017 Page 67 / 153
Page 7, City Council Regular Meeting, November 14, 2017
shall construct and convey to City, at Menard’s cost, a new fire station pursuant to, and closing
contingent upon, the parties’ reaching mutual agreement on construction plans and specifications
and a development agreement for the new fire station.
Motion by Paulick, second by Fitzke to approve Ordinance #9666.
City Clerk: Ordinance #9666 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 #9666 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 #9666 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent agenda item G-5 (Resolution #2017-309) was removed for
further discussion. Consent agenda item G-6 (Resolution #2017-310) was pulled from the agenda
at the request of the Regional Planning Department. Motion by Donaldson, second by Minton to
approve the Consent Agenda excluding items G-5 and G-6. Upon roll call vote, all voted aye.
Motion adopted.
Approving Minutes of October 24, 2107 City Council Regular Meeting.
Approving Minutes of November 7, 2017 City Council Study Session.
Approving Re-Appointment of Hector Rubio to the Interjurisdictional Planning Commission.
#2017-308 - Approving Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf,
LLC, 217 E. Stolley Park Road, Suite I & J for a Class “C” Liquor License and Liquor Manager
Designation for Nicholas Papke, 727 So. Blaine Street.
#2017-309 - Approving Contract with OpenGov Program through the State of Nebraska via SHI
International Corp. in an Amount of $55,284.70 and recurring Annual Cost of $48,944.70.
Discussion was held regarding the amount of the contract and that this item had not been
included in the 2017-2018 budget.
Motion by Minton, second by Hehnke to approve Resolution #2017-309. Upon roll call vote,
Councilmembers Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye.
Councilmembers Paulick and Steele voted no. Motion adopted.
#2017-310 - Approving Final Plat and Subdivision Agreement for JGMO Subdivision. This item
was pulled at the request of the Regional Planning Department.
#2017-311 - Approving Correction to Final Plat and Subdivision Agreement for Eberl
Subdivision. It was noted this will correct Resolution #2017-255 adopted on September 26,
2017.
Grand Island Council Session - 11/28/2017 Page 68 / 153
Page 8, City Council Regular Meeting, November 14, 2017
#2017-312 - Approving Acquisition of Utility Easement - 2405 E. Stolley Park Road - John C.
Hoffman.
#2017-313 - Approving Acquisition of Utility Easement - 3333 Ramada Road - Southeast
Crossings, LLC.
#2017-314 - Approving Acquisition of Utility Easement - South of One-R Road and West of
Hwy. 281 – Petersen.
#2017-315 - Approving Certificate of Final Completion for Paving Project #2015-P-6 - Jefferson
Street with The Diamond Engineering Company of Grand Island, Nebraska.
#2017-316 - Approving Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial
Cleaning at PGS - Fall 2017 Outage with W-S Industrial Services of Council Bluffs, Iowa for an
Increase of $13,016.95 and a Revised Contract Amount of $125,820.95.
#2017-317 - Approving Purchase of 2018 Compact Track Loader for the Utilities Department,
Underground Division from NJPZ Contract with the Bobcat Company in an Amount of
$59,578.64.
#2017-318 - Approving Bid Award for One (1) Trailer Mounted Landfill Hydro Seeder for the
Solid Waste Division of the Public Works Department with Roadbuilders Machinery & Supply
of Grand Island, Nebraska in an Amount of $39,900.00.
#2017-319 - Approving Bid Award for Cell 3 Liner and Leachate System at the Grand Island
Regional Landfill with Van Kirk Bros. Contracting of Sutton, Nebraska in an Amount of
$3,093,150.00.
#2017-320 - Approving Bid Award for One (1) 2018 Transfer Trailer for the Solid Waste
Division with Wilkens Industries of Morris, Minnesota in an Amount of $56,958.00.
#2017-321 - Approving Bid Award for One (1) 2019 90,000 GVW Conventional Truck-Tractor
for the Solid Waste Division from Hansen International, Inc. of Grand Island, Nebraska in an
Amount of $95,100.00.
#2017-322 - Approving Bid Award for Sanitary Sewer Collection System Rehabilitation -
Various Locations Project No. 2017-S-2B with Municipal Pipe Tool Company, LLC of Hudson,
Iowa in an Amount of $433,786.75.
#2017-323 - Approving Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815
Superior Street (Grand Island Area Habitat for Humanity, Inc.).
#2017-324 - Approving Certificate of Final Completion for Shady Bend Road Drainage; Project
No. 2017-D-2 with Van Kirk Bros. Contracting of Sutton, Nebraska.
Grand Island Council Session - 11/28/2017 Page 69 / 153
Page 9, City Council Regular Meeting, November 14, 2017
#2017-325 - Approving Amendment No. 2 with HDR Engineering, Inc. of Omaha, Nebraska for
Engineering Services Related to Cell 3 Liner Construction at the Grand Island Regional Landfill
in an Amount of $339,910.00.
#2017-326 - Approving FTE Title Change from Public Works CADD Operator to Public Works
Engineering Technician for the Engineering Division of the Public Works Department.
#2017-327 - Approving Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand
Island Public School District).
#2017-328 - Approving Purchase of One (1) 2018 Front End Wheel Loader for the Solid Waste
Division of the Public Works Department with NMC/Nebraska Machinery Company of
Doniphan, Nebraska in an Amount of $187,655.00.
#2017-329 - Approving Long Term Disability Contract Renewal Cigna Group Insurance in an
Amount of $0.255 per $100 of Wages.
#2017-330 - Approving Adoption of the 2017 Hazard Mitigation Plan.
PAYMENT OF CLAIMS:
Motion by Minton, second by Fitzke to approve the payment of claims for the period of October
25, 2017 through November 14, 2017 for a total amount of $5,455,745.72. Upon roll call vote,
Councilmembers, Minton, Steele, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye.
Councilmember Paulick abstained. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:47 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/28/2017 Page 70 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-2
#2017-333 - Approving Substation "F" Wall Replacement
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/28/2017 Page 71 / 153
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:November 28, 2017
Subject:Substation Wall Construction - Phelps Control (Electric
Transmission/Substation) Division
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Utilities Department maintains nine electrical substations around the City. Eight
substations are secured and protected by chain link fence and one by a concrete block
wall. The concrete wall is around Substation F near the corner of Carlton and Capital
Avenue between Walmart North and Dairy Queen.
The approximately 1000 foot long concrete block wall built in 1997 has significantly
deteriorated with major cracking and separation over the past 20 years. Sections are at
risk of falling posing a safety and security risk.
Investigation into repairing or replacing the wall was conducted and repair was ruled out.
Given the fact that Substation F already has a wall verses a fence, is located in a prime
commercial location, and the industry movement toward the use of decorative walls in
these types of locations, it was decided to construct a new wall. This also provides
experience with modern methods that may be applied to future substations or other
separation walls deemed necessary throughout City property.
Discussion
A Request for Proposals was issued for Substation wall alternatives. Specifications
included ease of installation, installation impact on operations, repair ability, and
longevity of life.
Numerous proposals were received, including precast concrete wall sections, precast
concrete panels, and fiberglass panels. Using weighted criteria the department determined
a precast concrete panel wall provided and installed by Superior Concrete from Euless,
Texas was the best option.
Grand Island Council Session - 11/28/2017 Page 72 / 153
Bidder Wall Type Bid Price Exceptions
Superior Concrete Products, Euless TX Concrete panels $369,953.50 None
Lacy Construction, Grand Island NE Concrete sections $520,000.00 None
Lacy Construction, Grand Island NE Fiberglass panels $440,000.00 None
Wolf Construction, Topeka KS Concrete sections $538,440.00 None
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 award the contract for Substation Wall
Construction to Superior Concrete Products of Euless, Texas, in the amount of
$369,953.50.
Sample Motion
Move to approve the contract for Substation Wall Construction with Superior Concrete
Products of Euless, Texas, in the amount of $369,953.50.
Grand Island Council Session - 11/28/2017 Page 73 / 153
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR SUBSTATION WALL CONSTRUCTION
RFP DUE DATE:September 6, 2017 at 4:00 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:August 7, 2017
NO. POTENTIAL BIDDERS:6
SUMMARY OF PROPOSALS RECEIVED
Lacy Construction Company Wolf Construction
Grand Island, NE Topeka, KS
Superior Concrete Products, Inc.
Euless, TX
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin Asst.
Marlan Ferguson, City Administrator Renae Jimenez, Finance Director
Stacy Nonhof, Purchasing Agent Jeff Mead, Senior Electrical Engineer
Travis Burdett, Deputy Utilities Director
P1989
Grand Island Council Session - 11/28/2017 Page 74 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-333
WHEREAS, the City of Grand Island invited proposals for Substation F Wall
Replacement, according to plans and specifications on file with the Utilities Department; and
WHEREAS, on September 6, 2017 proposals were received, opened and
reviewed; and
WHEREAS, Superior Concrete Products of Euless, Texas, submitted a quote in
the amount of $369,953.50; and
WHEREAS, using weighted criteria, the Utilities Department determined a
precast concrete panel wall provided and installed by Superior Concrete was the best option for
the Substation F Wall replacement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quote from Superior Concrete
Products of Euless, Texas, in the amount of $369,953.50, for Substation F Wall Replacement, is
hereby approved, and the Mayor is hereby authorized to sign the contract on the behalf of the
City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 75 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-3
#2017-334 - Approving Certificate of Final Completion for Curb
Ramp Project No. 2017-CR-2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/28/2017 Page 76 / 153
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 28, 2017
Subject:Approving Certificate of Final Completion for Curb
Ramp Project No. 2017-CR-2
Presenter(s):John Collins PE, Public Works Director
Background
The Diamond Engineering Company of Grand Island, Nebraska was awarded a
$150,354.00 contract for construction of Curb Ramp Project No. 2017-CR-2 on April 11,
2017 via Resolution No. 2017-111.
On August 22, 2017, via Resolution No. 2017-235, City Council approved Change Order
No. 1 to provide a time extension for project completion from September 1, 2017 to
October 1, 2017 with no contract amount modification.
On October 10, 2017, via Resolution No. 2017-273, City Council approved Change
Order No. 2 in the amount of $7,670.00 to address curb inlet work and provide for a
project completion extension, resulting in a revised contract amount of $158,024.00.
This project focused on installation of curb ramps along a portion of Custer Avenue,
North Front Street, as well as an intersection on 1st Street.
Work commenced on May 2, 2017 and was completed on November 1, 2017.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of
the contract, plans and specifications. Construction was completed with an overrun of
$703.59, for a total cost of $158,727.59. Project overrun was due to field adjustments in
pavement, curb & gutter, and sidewalk quantities. Additional project costs are shown
below.
Grand Island Council Session - 11/28/2017 Page 77 / 153
ADDITIONAL COSTS
The Grand Island Independent Advertising $ 109.73
Additional Costs = $ 109.73
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 Curb Ramp Project No. 2017-CR-2.
Sample Motion
Move to approve the Certificate of Final Completion for Curb Ramp Project No. 2017-
CR-2.
Grand Island Council Session - 11/28/2017 Page 78 / 153
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Curb Ramp Project No. 2017-CR-2
CITY OF GRAND ISLAND, NEBRASKA
November 28, 2017
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Curb Ramp Project No. 2017-CR-2 has been fully completed by The Diamond
Engineering Company of Grand Island, Nebraska under the contract dated April 11, 2017. 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.
Item
No.Description Total
Quantity Unit Unit Price Total Cost
Bid Section A - Custer Avenue
1 Mobilization 1.00 LS $ 585.00 $ 585.00
2 Remove 4"-6" Sidewalk 1,657.54 SF $ 0.70 $ 1,160.28
3 Remove Integral Curb 598.33 LF $ 0.15 $ 89.75
4 Remove 6" PCC 287.30 SY $ 6.80 $ 1,953.64
5 Remove 8" PCC 0.00 SY $ 6.95 $ -
6 Saw Cutting 292.70 LF $ 4.40 $ 1,287.88
7 Build Sidewalk 2,532.00 SF $ 5.50 $ 13,926.00
8 Build 6" PCC 263.17 SY $ 51.35 $ 13,513.78
9 Build 8" PCC 0.00 SY $ 57.55 $ -
10 Build 6" Integral Curb 843.35 LF $ 2.55 $ 2,150.54
11 Build 30" Curb & Gutter 91.35 LF $ 31.75 $ 2,900.36
12 Sod Area 77.13 SY $ 7.60 $ 586.19
13 Detectable Warning Panels 208.00 SF $ 24.75 $ 5,148.00
14 Landscaping & Sprinkler Repairs 1.00 LS $1,100.00 $ 1,100.00
15 Traffic Control 1.00 LS $ 880.00 $ 880.00
Total Base Bid = $ 45,281.42
Bid Section B - North Front Street
1 Mobilization 1.00 LS $1,170.00 $ 1,170.00
2 Remove 4"-6" Sidewalk 4,421.44 SF $ 0.70 $ 3,095.01
3 Remove Integral Curb 1,208.15 LF $ 0.15 $ 181.22
4 Remove 6" PCC 443.45 SY $ 6.80 $ 3,015.46
5 Remove Landscape RR Tie / Block 56.00 LF $ 1.65 $ 92.40
6 Saw Cut 2,053.11 LF $ 4.40 $ 9,033.68
7 Build Sidewalk 5,780.60 SF $ 5.50 $ 31,793.30
8 Build 6" PCC 429.47 SY $ 51.35 $ 22,053.28
9 Build 6" Integral Curb 1,368.28 LF $ 2.55 $ 3,489.11
10 Build 30" Curb & Gutter 139.70 LF $ 31.75 $ 4,435.48
11 Replace Landscape RR Tie / Block 6.00 LF $ 4.15 $ 24.90
12 Adjust Stop Box or Manhole 0.00 EA $ 235.00 $ -
Grand Island Council Session - 11/28/2017 Page 79 / 153
13 Sod Area 402.56 SY $ 7.60 $ 3,059.46
14 Detectable Warning Panels 434.00 SF $ 24.75 $ 10,741.50
15 Landscape & Sprinkler Repairs 1.00 LS $1,900.00 $ 1,900.00
16 Traffic Control 1.00 LS $1,665.00 $ 1,665.00
Total Base Bid = $ 95,749.80
Bid Section C - 1st Street
1 Mobilization 1.00 LS $ 135.00 $ 135.00
2 Remove 4"-6" Sidewalk 496.20 SF $ 0.70 $ 347.34
3 Remove 20" Curb & Gutter 85.50 LF $ 3.35 $ 286.43
4 Saw Cut 30.20 LF $ 4.40 $ 132.88
5 Build Sidewalk 712.48 SF $ 5.50 $ 3,918.64
6 Build 20" Curb & Gutter 93.60 LF $ 30.75 $ 2,878.20
7 Sod Area 38.01 SY $ 7.60 $ 288.88
8 Detectable Warning Panels 64.00 SF $ 24.75 $ 1,584.00
9 Landscape & Sprinkler Repairs 1.00 LS $ 270.00 $ 270.00
10 Traffic Control 1.00 LS $ 185.00 $ 185.00
Total Base Bid = $ 10,026.36
Change Order No. 1
CO1-1 TIME EXTENSION 1.00 LS $ - $ -
Total Change Order No. 1 = $ -
Change Order No. 2
CO2-1
Modify Junctions Box into a Curb Inlet
@ NW Corner of Custer Ave & North
Front St 1.00 LS $1,650.00 $ 1,650.00
CO2-2
Rebuild Upper 1/2 of Curb Inlet @ SW
Corner of Custer Ave & North Front St 1.00 LS $2,220.00 $ 2,220.00
CO2-3
Build Block Retaining Wall @ 422 N
Custer Ave 1.00 LS $3,800.00 $ 3,800.00
Total Change Order No. 2 = $ 7,670.00
Grand Total = $ 158,727.59
Additional Costs:
The Grand Island Independent Advertising $ 109.73
Additional Costs = $ 109.73
Grand Total = $ 158,837.32
I hereby recommend that the Engineer’s Certificate of Final Completion for Curb Ramp Project No.
2017-CR-2 be approved.
_________________________________________ _____________________________________
John Collins – City Engineer/Public Works Director Jeremy L. Jensen – Mayor
Grand Island Council Session - 11/28/2017 Page 80 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-334
WHEREAS, the City Engineering/Public Works Director for the City of Grand
Island issued a Certificate of Final Completion for Curb Ramp Project No. 2017-CR-2 certifying
that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has
completed such project for the total construction amount of $158,727.59; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, additional project costs equate to $109.73, as shown
ADDITIONAL COSTS
The Grand Island Independent Advertising $ 109.73
Additional Costs = $ 109.73
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 Curb Ramp Project No. 2017-CR-2, in the
amount of $158,837.32 is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 81 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-4
#2017-335 - Approving Certificate of Final Completion for US
Highway 30 Drainage Improvement Project No. URB-30-4(158)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/28/2017 Page 82 / 153
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 28, 2017
Subject:Approving Certificate of Final Completion for US Highway
30 Drainage Improvements; Project No. URB-30-4(158)
Presenter(s):John Collins PE, Public Works Director
Background
The US-30 Drainage Improvements; Project No. URB-30-4(158) constructed storm
sewer to the detention cell at the former location of the Wasmer Elementary School from
connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street.
The improvements will aid in reducing the likelihood of flooding during storm events on
Second Street. The project allowed for construction of drainage inlets on First Street and
Division Street between Logan Street and Madison Street, which provides drainage relief
in those areas as well.
In addition to the drainage improvement this project also provided for reconstruction of
sidewalk ramps to Americans with Disabilities Act standards, construction of new
concrete pavement, and relief for storm sewer draining Third Street north of the project
area.
This project received Federal Funding through the Surface Transportation Program
(STP).
On June 11, 2013, via Resolution No. 2013-176, Van Kirk Sand and Gravel, Inc. of
Sutton, Nebraska was awarded a contract for the construction of US 30 Drainage
Improvements; Project No. URB-30-4(158) in the amount of $1,266,133.70.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Construction work was completed at a total cost of
$1,300,648.20, which is an overrun of $34,514.50. Additional project costs are shown
below.
Grand Island Council Session - 11/28/2017 Page 83 / 153
ADDITIONAL PROJECT COSTS
Grand Island Public Works - Engineering $ 50,278.17
Independent - Advertising $ 360.12
Hall County Register of Deeds - Filing $ 564.50
Newman Traffic - Signs $ 666.01
Easements - Various property owners $ 32,573.88
Grand Island Utilities - Relocate utilities $ 27,057.66
Hooker Brothers - Tree removal $ 6,565.00
Midwest Right-of-Way - Easement acquisitions $ 1,450.00
Capital Appraisal - Appraisals $ 1,800.00
Herman Plumbing - Property owner claim $ 158.06
Ace Hardware - Plexiglass $ 13.99
Additional Project Costs = $ 121,487.39
Total project costs equate to $1,422,135.59.
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 US Highway 30 Drainage Improvements; Project No. URB-30-4(158).
Sample Motion
Move to approve the Certificate of Final Completion.
Grand Island Council Session - 11/28/2017 Page 84 / 153
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
US Highway 30 Drainage Improvements; Project No. URB-30-4(158)
CITY OF GRAND ISLAND, NEBRASKA
November 28, 2017
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that US Highway 30 Drainage Improvements; Project No. URB-30-4(158) has been fully
completed by Van Kirk Sand and Gravel, Inc. of Sutton, Nebraska under the Resolution No. 2013-176, dated
June 11, 2013. 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.
US Highway 30 Drainage Improvements; Project No. URB-30-4(158)
Item No.Description Total
Quantity Unit Unit Price Total Cost
Culverts -
4016.00 Mahnhole Type-A 14.00 EA $4,250.00 $59,500.00
4016.02 Manhole Type-C 5.00 EA $6,500.00 $32,500.00
30.40 Mobilization 1.00 LS $22,000.00 $22,000.00
1117.00 Remove Manhole 2.00 EA $600.00 $1,200.00
1119.00 Remove Inlet 1.00 EA $500.00 $500.00
4002.00 Cast Iron Cover and Frame 1,125.00 LB $2.65 $2,981.25
4003.00 Cast Iron Cover, Frame, and Flange
10,440.0
0 LB $2.20 $22,968.00
4005.00 Cast Iron Ring and Cover 690.00 LB $2.30 $1,587.00
4016.01 Manhole Type-B 1.00 EA $20,000.00 $20,000.00
4043.50 Remove Sewer Pipe 373.00 LF $15.00 $5,595.00
4105.59
Class 47B-3000 Concrete for Inlet and Junction
Box 16.46 CY $510.00 $8,394.60
4107.07 Class 47B-3000 Concrete for Concrete Collars 6.66 CY $525.00 $3,496.50
4155.50 reinforcing Steel for Inlet and Junction Box 1,646.00 LB $1.50 $2,469.00
4157.00 Reinforcing Steel for Collars 351.00 LB $2.00 $702.00
4210.15 Bar Grate for 15" Flared-End Section 1.00 EA $550.00 $550.00
4230.48 Bar Grate for 48" Concrete Flared-End Section 1.00 EA $1,210.00 $1,210.00
4310.15 15" Flared-End Section 1.00 EA $480.00 $480.00
4460.48 48" Concrete Flared-End Section 1.00 EA $1,350.00 $1,350.00
4670.05 Culvert Sandfill 3.09 CY $125.00 $386.25
4731.15 15" Storm Sewer Pipe 42.00 LF $50.00 $2,100.00
4731.36 36" Storm Sewer Pipe 175.00 LF $145.00 $25,375.00
4762.08 8" Ductile Iron Sewer Pipe 75.00 LF $70.00 $5,250.00
4766.12 12" Ductile Iron Pipe 75.00 LF $80.00 $6,000.00
4900.25 Curb Inlet Sediment Filter 20.00 EA $125.00 $2,500.00
P700.15 15" Storm Sewer Pipe, Type 1, 7 or 8 263.00 LF $48.00 $12,624.00
P700.30 30" Storm Sewer Pipe, Type 1, 7 or 8 377.00 LF $62.00 $23,374.00
P700.36 36" Storm Sewer Pipe, Type 1, 7 or 8 2,643.00 LF $82.50 $218,047.50
P702.48 48" Storm Sewer Pipe, Type 1 134.00 LF $135.00 $18,090.00
Grand Island Council Session - 11/28/2017 Page 85 / 153
P775.36 36" Round Equivalent Storm Sewer Pipe, Type 1 108.00 LF $120.00 $12,960.00
W800.09 Remove Plug 2.00 EA $500.00 $1,000.00
Culverts Total =$515,190.10
Concrete Pavement -
3075.12 6" Concrete Pavement, Class 47B-3500 261.60 SY $43.00 $11,248.80
30.30 Mobilization 1.00 LS $22,000.00 $22,000.00
2010.00 Crushed Rock Surface Course 37.33 CY $52.00 $1,941.16
3008.05 Tie Bars 430.00 EA $6.00 $2,580.00
3014.11
Combination Concrete Class 47B-3500 Curb and
Gutter 700.18 LF $32.00 $22,405.76
3016.21 Concrete Class 47B-3000 Sidewalks 766.10 SY $40.00 $30,644.00
3016.39 Detectable Warning Panel 496.00 SF $28.00 $13,888.00
3020.20 Concrete Class 47B-3500 Driveway 5"492.29 SY $38.00 $18,707.02
3075.12 6" Concrete Pavement, Class 47B-3500 6,290.76 SY $43.00 $270,502.68
3075.32 8" Concrete Pavement, Class 47B-3500 2,207.95 SY $48.00 $105,981.60
4012.29 Reconstruct Curb Inlet 1.00 EA $800.00 $800.00
4015.00 Adjust Manhole to Grade 1.00 EA $500.00 $500.00
7309.90 Remove and Reinstall 4.00 EA $85.00 $340.00
7500.44
Left Arrow, Preformed Pavement Marking, Type
4 Grooved 1.00 EA $450.00 $450.00
7515.34
4" White Wet Reflective Polyurea Pavement
Marking, Grooved 201.00 LF $100.00 $20,100.00
7515.38
12" White Wet Reflective Polyurea Pavement
Marking, Grooved 34.00 LF $112.00 $3,808.00
9034.00 Preparation of Intersections and Driveways 706.28 SY $4.00 $2,825.12
9173.20 Subgrade Preparation 8,546.32 SY $3.50 $29,912.12
Concrete Pavement Sub-Total =$558,634.26
Grading -
30.10 Mobilization 1.00 LS $10,000.00 $10,000.00
1000.00 Large Tree Removal 15.00 EA $510.00 $7,650.00
1009.00 General Clearing and Grubbing 1.00 LS $1,000.00 $1,000.00
1016.00 Re-Establish Property Corner 4.00 EA $500.00 $2,000.00
1101.00 Remove Pavement 8,667.73 SY $4.80 $41,605.10
1101.25 Sawing Pavement 3,941.49 LF $3.50 $13,795.22
1106.00 Remove Driveway 546.00 SY $6.50 $3,549.00
1107.00 Remove Walk 731.24 SY $6.50 $4,753.06
1108.00 Remove Combination Curb and Gutter 734.52 LF $8.00 $5,876.16
L019.20 Erosion Control, Class 2A 266.11 SY $3.85 $1,024.52
L022.11 Fabric Silt Fence-Low Porosity 43.00 LF $6.00 $258.00
Grading Sub-Total =$91,511.06
Grand Island Council Session - 11/28/2017 Page 86 / 153
Water Main -
30.40 Mobilization 1.00 LS $5,500.00 $5,500.00
4766.06 6" Ductile Iron Pipe 134.21 LF $45.00 $6,039.45
W101.00 Water Stopper/Line Stop 8.00 EA $1,000.00 $8,000.00
W176.01 1" Copper Water Service 745.00 LF $18.00 $13,410.00
W176.54 Water Service 12.00 EA $650.00 $7,800.00
W180.00
Concrete Class 47B-3500 for Blocks and
Anchorages 2.10 CY $165.00 $346.50
W180.10 Reinforcing Steel for Blocks and Anchorages 109.00 LB $2.00 $218.00
W200.46 6" Retainer Gland 50.00 EA $48.00 $2,400.00
W355.25 6" Solid Sleeve 8.00 EA $400.00 $3,200.00
W357.16 6"- 45 Degree Bend 17.00 EA $250.00 $4,250.00
W800.90 Remove and Reset Hydrant 2.00 EA $2,000.00 $4,000.00
Water Main Sub-Total =$55,163.95
Seeding -
30.50 Seeding 1.00 LS $3,000.00 $3,000.00
L001.03 Seeding, Type C 1.62 AC $3,000.00 $4,860.00
L010.00 Sodding 2,400.00 SY $6.00 $14,400.00
L032.80 Hydromulch 2.58 TON $5,000.00 $12,900.00
7050.05 Additional Work-Starter Fertilizer 1.00 LS $593.04 $593.04
Seeding Sub-Total =$35,753.04
General Items -
1.08 Barricade, Type II 3,683.00 BDAY $0.50 $1,841.50
1.10 Barricade, Type III 5,359.00 BDAY $1.75 $9,378.25
1.99 Contractor Furnished Sign Day 8,052.00 EA $0.50 $4,026.00
2.30 Pavement Marking Removal 150.00 LF $4.30 $645.00
2.44 Temporary Pavement Marking, Type Paint 741.00 LF $5.00 $3,705.00
2.97 Flashing Arrow Panel 3.00 DAY $200.00 $600.00
3.06 Changeable Message Sign 16.00 DAY $250.00 $4,000.00
30.00 Mobilization 1.00 LS $5,000.00 $5,000.00
1017.50 Construction Staking and Surveying 1.00 LS $15,000.00 $15,000.00
9110.07 Rental of Skid Loader, Fully Operated 4.00 HR $50.00 $200.00
General Items Sub-Total =$44,395.75
Construction Grand Total =$1,300,648.16
Grand Island Council Session - 11/28/2017 Page 87 / 153
Item ADDITIONAL PROJECT COSTS-
Grand Island Public Works - Engineering $ 50,278.17
Independent - Advertising $ 360.12
Hall County Register of Deeds - Filing $ 564.50
Newman Traffic - Signs $ 666.01
Easements - Various property owners $ 32,573.88
Grand Island Utilities - Relocate utilities $ 27,057.66
Hooker Brothers - Tree removal $ 6,565.00
Midwest Right-of-Way - Easement acquisitions $ 1,450.00
Capital Appraisal - Appraisals $ 1,800.00
Herman Plumbing - Property owner claim $ 158.06
Ace Hardware - Plexiglass $ 13.99
Additional Project Costs = $ 121,487.39
Total Costs - $1,422,135.55
I hereby recommend that the Engineer’s Certificate of Final Completion for US Highway 30 Drainage
Improvements; Project No. URB-30-4(158) be approved.
_______________________________________________________________________________
John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor
Grand Island Council Session - 11/28/2017 Page 88 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-335
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for US Highway 30 Drainage Improvements;
Project No. URB-30-4(158), certifying that Van Kirk Sand and Gravel, Inc. of Sutton, Nebraska,
under contract, has completed such project; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; 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 the Certificate of Final Completion for
US Highway 30 Drainage Improvements; Project No. URB-30-4(158), in the amount of
$1,422,135.59 is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 89 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-5
#2017-336 - Approving Contract to Furnish and Install New
Playground Equipment at Sterling Estates Park
Staff Contact: Todd McCoy
Grand Island Council Session - 11/28/2017 Page 90 / 153
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:November 28, 2017
Subject:Approve Agreement to Furnish and Install New
Playground Equipment at Sterling Estates Park
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
In 2008 the City of Grand Island purchased a 6.8 acre parcel of land located within the
Sterling Estates development site in the northwestern area of Grand Island for designation
for a future park.
In recent months irrigation has been installed, grass seeded, sidewalks constructed,
parking added, and trees planted.
Grand Island Council Session - 11/28/2017 Page 91 / 153
Discussion
The next step in the development of the new park is to add playground equipment.
Staff is recommending new playground equipment furnished and installed by Play and
Park Structures of Omaha, Nebraska. Play and Park Structures is providing pricing which
meets the National IPA Cooperative Bidding Contract #R170303.
The price to furnish and install the playground equipment from Play and Park Structures
is $117,256.32.
The project will be funded through the Food and Beverage Tax revenue.
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 - 11/28/2017 Page 92 / 153
Recommendation
City Administration recommends that the Council approve the agreement with Park and
Play Structures of Omaha, Nebraska to furnish and install playground equipment at
Sterling Estates Park.
Sample Motion
Move to approve the agreement to furnish and install playground equipment with Park
and Play Structures. The total purchase price is $117,256.32.
Grand Island Council Session - 11/28/2017 Page 93 / 153
Play & Park Structures of NE &
IA
3506 South 117th Street
Omaha, NE, 68144
Phone: 402-506-0950
Fax:
Email:
ksiedlik@playandpark.com
Contact: Kyle Siedlik
Sterling Park
City of Grand Island Attn: Todd McCoy 100 East First Street
Grand Island, NE 68801
Phone: 308-385-5444 Ext. 290 tmccoy@grand-island.com
Quote Number: 799-111101B
Quote Date: 11/13/2017
Stock ID Description Quantity Weight Unit Price Amount
RDU Playgroud Equipment 1 9663.21 $105,187.00 $105,187.00
RDU Playground Swings 1 890 $4,050.00 $4,050.00
67746 MAXCLIMB CREST F/S 1 293 $3,129.00 $3,129.00
67988 FLY-A-ROUND 1 269 $2,471.00 $2,471.00
68049 Whirl With Me w/Handle 1 480 $3,945.00 $3,945.00
SF-126 6' BENCH INGROUND 2 304 $540.00 $1,080.00
GRANT Community Heroes Grant 1 0 ($59,931.00)($59,931.00)
-Pricing Per TCPN Contract
INSTALL
Install 2 each playground structures, 1 each
swing set, and 3 each stand alone
structures.
1 0 $33,500.00 $33,500.00
-After installation site will be prepared forsurfacing
PIP 507 SF of PIP 50% Color / 50% Black 1 0 $16,761.00 $16,761.00-128 SF at 1.375" depth for 4' CFH ___ 379SF at 3.5" depth for 8' CFH ___ Playcore to
provide site security ___ supply and install 4"
stone base
Pricing per TCPN Contract #R170303
Total Weight:11899.21 SubTotal:$110,192.00
Freight:$7,064.32Total Amount:$117,256.32
THIS QUOTATION IS SUBJECT TO POLICIES IN THE CURRENT PLAY & PARK STRUCTURES CATALOG AND THE FOLLOWING TERMS AND
CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND
CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAY & PARK STRUCTURES, C/O Play & Park Structures of NE & IA.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
3% cash discount available on all prepaid play-related product (includes Marlin financed orders and EFT). 1% discount available on all play-related equipment orders prepaid with credit card.
Prepayment is required on all orders under $1k (excluding municipalities).
Surfacing, Installation, Freight, and Tax are not eligible for discount.
Extending Terms: Credit will be reviewed by both Playcore and our partner, Marlin Finance, on all orders over $1k requesting terms. When credit information is insufficient for Playcore to extend terms, and financing is deemed necessary to process the order, the customer will be
notified and reserves the sole right to accept or decline the financing option.
Payment terms: payment in full, net 30 days subject to approval by Play & Park Structures Credit Manager. A 1.5% per month finance
charge will be imposed on all past due accounts.
Shipment: order shall ship within 30-45 days after Play & Park Structures' receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required.
Freight charges: Prepaid & added
Installation: A certified Play & Park Structures Installer is recommended for play equipment installation. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible
for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs.
Grand Island Council Session - 11/28/2017 Page 94 / 153
Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. Play & Park Structures designs and
specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements.
Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance
of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions.
Playground Equipment Structures: Cascade
Color Palette
Swings: Sky Blue
MaxClimb Crest: Night Sky Blue Roto
Spring Green Metal
Fly A Round: Sky Blue Post
Spring Green Accent
Whirl with me: Sky Blue Roto
Spring Green Metal
Grand Island Council Session - 11/28/2017 Page 95 / 153
Acceptance of quotation:
Accepted By (printed): P.O. No:
Signature: Date:
Title: Phone:
Purchase Amount: $117,256.32 Facsimilie
Order Information
Bill to: Ship to:
Company: Company:
Attn: Attn:
Address: Address:
City/State/Zip: City/State/Zip:
Billing Contact: Jobsite Contact:
Billing Phone: Jobsite Phone:
Billing Fax: Jobsite Fax:
Enter desired color palette name: OR
Enter desired color: Uprights () Decks ()
Accents () Roofs/Tubes () Slides/Panels ()
Play & Park Structures of NE & IA
By:
Salesperson's signature
Salesman's Signature Customer's Signature
Grand Island Council Session - 11/28/2017 Page 96 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-336
WHEREAS, the Sterling Estates Park located in the northwestern area of Grand
Island has been in a development stage since 2008; and
WHEREAS, the next stage is to purchase and install new playground equipment;
and
WHEREAS, such project will be funded through the Food and Beverage Tax; and
WHEREAS, the new playground equipment can be furnished and installed by
Play and Park Structures of Omaha, Nebraska which provided pricing through the National IPA
Cooperative Bidding Contract #R170303; and
WHEREAS, purchasing the playground equipment from the State Contract holder
meets all statutory bidding requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase and installation of
playground equipment in the total amount of $117,256.32 from the National IPA Cooperative
Bidding Contract holder, Play and Park Structures of Omaha, Nebraska is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 97 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item G-6
#2017-337 - Approving Redevelopment Contract with CRA and
O’Neill Wood Resources for Redevelopment Area #20
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:November 28, 2017
Subject:Amendment to Redevelopment Plan for CRA Area #20
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2017, the Grand Island City Council declared property referred to as CRA Area #20 as
blighted and substandard and approved a generalized redevelopment plan for the
property. The enclose redevelopment plan proposes to authorize the use of Tax Increment
Financing (TIF) for the acquisition of property and redevelopment of property within this
redevelopment area.
O’Neill Wood Resources, owns property in this area and is proposing to purchase and
develop additional property within the area and has submitted a site specific
redevelopment plan that would provide for acquisition of this property for a recycling
center and construction and demolition landfill at the Cornhusker Army Ammunition
Plant, a formerly used defense site outside of Grand Island, Nebraska but within Hall
County, Nebraska.
The CRA reviewed the proposed development plan on September 20, 2017 and
forwarded it to the Hall County Regional Planning Commission for recommendation at
its meeting on October 11, 2017. The CRA also sent notification to the City Clerk of its
intent to enter into a redevelopment contract for this project pending Council approval of
the plan amendment.
The Hall County Regional Planning Commission held a public hearing on the plan
amendment at a meeting on October 11, 2017. The Planning Commission approved
Resolution 2018-02 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island. The CRA approved and forwarded the redevelopment plan along with the
recommendation of the planning commission to the City Council for consideration at its
meeting on October 18, 2017.
Council held a public hearing and approved the redevelopment plan for this project on
October 24, 2017. The CRA approved a redevelopment contract with O’Neill Wood
Resources at their meeting on November 8, 2017. As this project is on a Formerly Used
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Defense site legal counsel has determined that the City of Grand Island needs to be a
party to the redevelopment contract and said contract is presented to Council. If the
attached resolution is approved the Mayor will be authorized to sign the contract on
behalf of the City and the project can move forward.
Discussion
Tonight Council is being asked to approve a resolution give the Mayor authority to sign
the attached contract consistent with the redevelopment plan for CRA Area #20
submitted by O’Neill Wood Resources. The redevelopment plan specifies that the TIF
will be used to offset allowed costs for acquisition of property. Eligible expenses are
estimated at over $1,000,000 for identified expenses eligible for tax increment financing
associated with the proposed redevelopment plan. The bond for this project will be issued
for a period of 15 years and will end upon final payment of the bond principal and any
associated interest. The proposed bond for this project will be issued for the expected TIF
proceeds for the 15 year period of $209,000. It is estimated that this project will have an
increment of $13,919 per year.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the approval of the redevelopment contract.
Sample Motion
Move to approve the resolution as submitted.
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O’Neill Wood Resources, LLC
O’Neill Wood Resources
REDEVELOPMENT CONTRACT
This Redevelopment Contract is made and entered into as of the _______ day of
___________, 2017, by and between the City of Grand Island, Nebraska, (the "City') the
Community Redevelopment Authority of the City of Grand Island, Nebraska ("Authority"), and
O’Neill Wood Resources, LLC, a Nebraska limited liability company ("Redeveloper").
WITNESSETH:
WHEREAS, the City of Grand Island, Nebraska , in furtherance of the purposes and
pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and
Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended
(collectively the "Act"), has designated an area, described on attached Exhibit “A”, outside of the
City, but within Hall County, Nebraska, and being a formerly used defense site, as blighted and
substandard;
WHEREAS, the Authority has adopted, after approval by the Mayor and Council of the
City, that redevelopment plan amendment entitled "Redevelopment Plan Amendment Grand
Island CRA Area #20 (CAAP) May 2017" (the "Redevelopment Plan") a copy of which is attached
hereto as Exhibit ”A”;
WHEREAS, the area described on Exhibit “A” (the “Redevelopment Project Area”) lies
within Hall County Sanitary Improvement District Number 4 (SID #4), which district was
created and approved by the Hall County, Nebraska District Court on _______________, 2017;
WHEREAS, the Redevelopment Project Area, was formerly owned by, leased to or
otherwise possessed by the United States under the jurisdiction of the United States Secretary of
Defense and was part of the Cornhusker Army Ammunition Plant;
WHEREAS, the City adopted ordinance #9645, a copy of which is attached hereto as
Exhibit “B”, on August 22, 2017, expressing the intent of the City to annex the Redevelopment
Project Area when the same shall become eligible for annexation;
WHEREAS, Section 18-2123.01(1) of the Act authorizes a city to undertake a
redevelopment project that involves a formerly used defense site and the City
desires that the Authority be the entity, under the Act, to act on behalf of the
City in undertaking certain obligations under the Redevelopment Plan and assist
the Redeveloper by partially financing the costs of redevelopment project
improvements to the Redevelopment Project Area (Redevelopment Project Costs);
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O’Neill Wood Resources, LLC
WHEREAS, the Redevelopment Plan calls for the Authority to support Redeveloper’s
acquisition and redevelopment efforts on real estate to be acquired or owned by the Redeveloper
which is legally described on Exhibit “C” attached hereto and incorporated herein by this
reference (“Redevelopment Project Area”);
WHEREAS, the Redevelopment Project Area incorporates all of the Redeveloper
Property as shown on Exhibit “C” attached hereto and incorporated herein by this reference
(“Project Site”);
WHEREAS, Section 18-2103(12) of the Act authorizes the Authority to carry
out plans for a program of acquisition, and improvements in connection with
redevelopment of the Project Site and to pay for the same from TIF Proceeds (as defined herein).
The Redeveloper intends to utilize the TIF Proceeds from the Project Site to pay for the Project
Site acquisition as part of the Redevelopment Project Costs as defined herein;
WHEREAS, Section 18-2107 of the Act authorizes the Authority to enter into contracts
with redevelopers of property containing covenants and conditions regarding the use of such
property as the Authority may deem necessary to prevent the recurrence of substandard and
blighted areas;
WHEREAS, Redeveloper is willing to enter into this Contract and invest approximately
Four Million Five Hundred Eighty Thousand Dollars ($4,580,000) on the Project Site
redevelopment which includes site acquisition demolition and preparation of the Project Site,
planning for redevelopment;
WHEREAS, in order to help remove blight and substandard conditions and improve
conditions in an economically underutilized area, the Authority is willing to enter into this
Contract and to utilize TIF Proceeds to fund a portion of the Project Costs in order to induce the
Redeveloper to undertake the Private Improvements (“Private Improvements”) described below;
WHEREAS, the costs of the Redevelopment Project Improvements are collectively
known as the “Redevelopment Project Costs” and are shown on the Sources and Uses of Funds in
Exhibit “D”, which is attached hereto and incorporated herein by this reference. The Authority
and Redeveloper agree that assistance with the Redevelopment Project Costs is deemed essential
and the Redevelopment Project would not be economically feasible without it;
WHEREAS, the City and Authority are willing to support the above described
redevelopment of the Project Site in accordance with the Redevelopment Plan; provided that,
Redeveloper is willing to agree to covenants and conditions regarding compulsory maintenance
and upkeep of the Private Improvements to prevent a recurrence of substandard and blighted
conditions;
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O’Neill Wood Resources, LLC
WHEREAS, City, Authority and Redeveloper desire to enter into this Redevelopment
Contract in order to implement the Redevelopment Plan and provide for the redevelopment of
the Project Site;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, City, Authority and Redeveloper do hereby covenant, agree and bind themselves as
follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.01 Terms Defined in this Redevelopment Contract.
Unless the context otherwise requires, the following terms shall have the following
meanings for all purposes of this Redevelopment Contract, such definitions to be equally
applicable to both the singular and plural forms and masculine, feminine and neuter gender of
any of the terms defined:
"Act" means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101
through 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended, and acts amendatory
thereof and supplemental thereto.
"Authority" means the Community Redevelopment Authority of the City of Grand Island,
Nebraska.
"City" means the City of Grand Island, Nebraska.
"Governing Body" means the Mayor and City Council of the City.
"Owner(s)" means the registered owner or owners of Indebtedness issued by the Authority
from time to time outstanding.
"Indebtedness" means any notes, loans, and advances of money or other indebtedness,
including interest and premium, if any, thereon, incurred by the Authority pursuant to the
Resolution and Article III hereof to provide financing for a portion of the Project Costs and
secured in whole or in part by TIF Revenues. The Indebtedness as initially issued by the
Authority shall consist of a Series 2017 note in the form of the attached hereto as Exhibit “E” and
purchased by the Redeveloper or Redeveloper’s lender as set forth in Section 3.04 of this
Redevelopment Contract.
"Liquidated Damages Amount' means the amounts to be repaid to Authority by
Redeveloper pursuant to Section 7.02 of this Redevelopment Contract.
"Redevelopment Project" means the improvements to the Redevelopment Project Area, as
further described in Exhibit A attached hereto and incorporated herein by reference and, as used
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O’Neill Wood Resources, LLC
herein, shall include the Redevelopment Project Property and additions and improvements
thereto. Without limitation, those improvements include the following public and private
improvements:
“Private improvements” means the improvements described on Exhibit “A”.
"Project Cost Certification" means a statement prepared and signed by the Redeveloper
verifying the Redeveloper has become legally obligated for, or has paid the Project Costs
identified on Exhibit “D”.
"Project Costs" means only costs or expenses incurred by Redeveloper for the purposes
set forth in §l8-2103(12)(a) through (f), inclusive, including the providing for such costs by the
exercise of the powers set forth in §18-2107(4) of the Act, all as identified on Exhibit “D”.
Project Costs shall include, but not be limited to site acquisition, demolition and site preparation
expenditures, project planning and engineering and costs of the Authority all as described in
Section 3.04 of this Redevelopment Contract.
"Redeveloper" means O’Neill Wood Resources, LLC, a Nebraska limited liability
company, and its successors and assigns.
"Redevelopment Project Area" means that certain real property situated in the City of
Grand Island, Hall County, Nebraska which has been declared blighted and substandard by the
City pursuant to the Act, and which is more particularly described on Exhibit “C” attached hereto
and incorporated herein by this reference. All such legal descriptions are subject to change based
upon any re-platting requested by the Redeveloper and approved by the City.
"Redevelopment Project Property" means all of the Redevelopment Project Area which is
the site for the improvements constituting the Project, as more particularly described on Exhibit
“C” attached hereto and incorporated herein by this reference.
"Redevelopment Contract" means this redevelopment contract between the Authority and
Redeveloper with respect to the Project.
"Redevelopment Plan" means the Redevelopment Plan Amendment (also defined in the
recitals hereto) for the Redevelopment Project Area related to the Project, as attached hereto as
Exhibit “A”, prepared by the Authority, approved by the City and adopted by the Authority
pursuant to the Act.
"Resolution" means the Resolution of the Authority authorizing the issuance of the
Indebtedness, as supplemented from time to time, and also approving this Redevelopment
Contract.
“TIF Proceeds” means the Note proceeds described in Section 3.02.
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O’Neill Wood Resources, LLC
"TIF Revenues" means incremental ad valorem taxes generated on the Redevelopment
Project Property by the Project which are to be allocated to and paid to the Authority pursuant to
the Act.
Section 1.02 Construction and Interpretation.
The provisions of this Redevelopment Contract shall be construed and interpreted in
accordance with the following provisions:
(a)Whenever in this Redevelopment Contract it is provided that any person may
do or perform any act or thing the word “may" shall be deemed permissive and not
mandatory and it shall be construed that such person shall have the right, but shall not be
obligated, to do and perform any such act or thing.
(b)The phrase "at any time" shall be construed as meaning at any time or from
time to time.
(c)The word "including" shall be construed as meaning "including, but not
limited to."
(d)The words "will" and "shall" shall each be construed as mandatory.
(e)The words "herein," "hereof," "hereunder", "hereinafter" and words of
similar import shall refer to the Redevelopment Contract as a whole rather than to any
particular paragraph, section or subsection, unless the context specifically refers thereto.
(f)Forms of words in the singular, plural, masculine, feminine or neuter shall be
construed to include the other forms as the context may require.
(g)The captions to the sections of this Redevelopment Contract are for
convenience only and shall not be deemed part of the text of the respective sections and
shall not vary by implication or otherwise any of the provisions hereof.
ARTICLE II
FINDINGS AND REPRESENTATIONS
Section 2.01 Findings of Authority.
The Authority makes the following findings:
(a)The Authority is a duly organized and validly existing community
Redevelopment Authority under the Act.
(b)The Redevelopment Plan has been duly approved by the City and adopted by
the Authority pursuant to Sections 18-2109 through 18-2117 of the Act.
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O’Neill Wood Resources, LLC
(c)The Authority deems it to be in the public interest and in furtherance of the
purposes of the Act to accept the proposal submitted by Redeveloper as specified herein.
(d)The Redevelopment Project is expected to achieve the public purposes of the
Act by among other things, increasing employment, improving public infrastructure,
increasing the tax base, and lessening blighted and substandard conditions in the
Redevelopment Project Area and other purposes set forth in the Act.
(e)(1) The Redevelopment Plan is feasible and in conformity with the general
plan for the development of the City and Redevelopment Project Area as a whole and the
Redevelopment Plan is in conformity with the legislative declarations and determinations
set forth in the Act, and
(2) Based on representations made by the Redeveloper and information
provided to the Authority:
(i)the Project would not be economically feasible without the use of
tax-increment financing, and
(ii)the Project would not occur in the Redevelopment Project Area
without the use of tax-increment financing.
(f) The Authority has determined that the costs and benefits of the Project,
including costs and benefits to other affected political subdivisions, the economy of the
community, and the demand for public and private services have been analyzed by the
Authority and have been found to be in the long-term best interest of the community
impacted by the Project.
(g) The Authority has determined that the proposed land uses and building
requirements in the Redevelopment Project Area are designed with the general purpose of
accomplishing, in conformance with the general plan, a coordinated, adjusted, and
harmonious development of the City and Redevelopment Area and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity, and the general welfare, as well as efficiency and economy in the
process of development: including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of the healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage and other public
utilities, schools, parks, recreational and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe
dwelling accommodations, or conditions of blight.
Section 2.02 Representations of Redeveloper.
The Redeveloper makes the following representations:
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O’Neill Wood Resources, LLC
(a)The Redeveloper is a Nebraska limited liability company having the power
to enter into this Redevelopment Contract and perform all obligations contained herein
and by proper action has been duly authorized to execute and deliver this Redevelopment
Contract. Prior to the execution and delivery of this Redevelopment Contract, the
Redeveloper has delivered to the Authority a certificate of good standing, a certified copy
of the Redeveloper's operating agreement and a certified copy of the resolution or
resolutions authorizing the execution and delivery of this Redevelopment Contract.
(b)The execution and delivery of this Redevelopment Contract and the
consummation of the transactions herein contemplated will not conflict with or constitute
a breach of or default under any debenture, note or other evidence of indebtedness or any
contract, loan agreement or lease to which Redeveloper is a party or by which it is bound,
or result in the creation or imposition of any lien, charge or encumbrance of any nature
upon any of the property or assets of the Redeveloper contrary to the terms of any
instrument or agreement.
(c)There is no litigation pending or to the best of its knowledge threatened
against Redeveloper affecting its ability to carry out the acquisition, construction,
equipping and furnishing of the Project or the carrying into effect of this Redevelopment
Contract or in any other matter materially affecting the ability to Redeveloper to perform
its obligations hereunder.
(d)The Project would not be economically feasible without the use of tax
increment financing.
(e)The Project would not occur in the Redevelopment Project Area without the
use of tax-increment financing.
ARTICLE III
OBLIGATIONS OF THE AUTHORITY
Section 3.01 Division of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution, the
Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the
benefit of any public body be divided for a period of fifteen years after the effective date which
shall be January 1, 2019, as described in Section 18-2147 (1) of the Act and as more specifically
defined below Said taxes shall be divided as follows:
(a)That portion of the ad valorem tax on the real estate located within the
Redevelopment Project Area which is produced by levy at the rate fixed each year by or
for each public body upon the "redevelopment project valuation" (as defined in the Act)
of the Redevelopment Project Area shall be paid into the funds of each such public body
in the same proportion as all other taxes collected by or for the bodies; and
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O’Neill Wood Resources, LLC
(b)That portion of the ad valorem tax on real property within the
Redevelopment Project Area in excess of such amount (the "Incremental Ad Valorem
Tax"), if any, shall be allocated to, is pledged to, and, when collected, paid into a special
fund of the Authority (designated in the Resolution as the "O’Neill Wood Resources Note
Fund") to pay the principal of, the interest on, and any premium due in connection with
the Note. When such Note, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad valorem
taxes upon real property within the Redevelopment Project Area shall be paid into the
funds of the respective public bodies.
Section 3.02 Issuance of Indebtedness
The Authority shall authorize the issuance of the Indebtedness in the form and stated
principal amount and bearing interest and being subject to such terms and conditions as are
specified in the Resolution and this Redevelopment Contract; provided, at all times the
maximum amount of the Indebtedness shall be limited to the lesser of (i) the stated face amount
of the Indebtedness, or (ii) the sum of all Project Costs incurred by the Redeveloper as set forth
on Exhibit D. No Indebtedness will be issued until Redeveloper has acquired fee title to all the
Redevelopment Project Property and become obligated for construction of the additions and
improvements forming a part of the Project as described in the Plan.
Subject to the foregoing, prior to February 15, 2018, the Authority shall issue a single
taxable Tax Increment Development Revenue Note, in a maximum principal amount of
$209,000, in substantially the form shown on the attached Exhibit “E” (“TIF Note”), for net
funds available to be purchased by Redeveloper (“TIF Note Purchaser”), in a written form
acceptable to Authority’s attorney, and receive Note proceeds from the TIF Note Purchaser in
said amount. At the option of the Authority, the Authority shall make a grant to Redeveloper in
such amount, and such grant shall offset TIF Note Purchaser’s obligation to purchase the TIF Note.
Subject to the terms of this Agreement and the Resolution, the Authority’s Treasurer on behalf of
the Authority shall have the authority to determine the timing of issuing the Indebtedness and all
the other necessary details of the Indebtedness.
The Redeveloper agrees to purchase the Indebtedness at a price equal to the principal
amount thereof, in a private placement satisfactory to the Authority as to its terms and
participants (including any pledgee thereof). Neither the Authority nor the City shall have any
obligation to provide for the sale of the Indebtedness. It is the sole responsibility of the
Redeveloper to effect the sale of the Indebtedness by purchasing the Indebtedness in accordance
with the terms of this Redevelopment Contract and the Resolution. Redeveloper acknowledges
that it is its understanding and the Authority's understanding that interest on the Indebtedness
will be includable in gross income for federal income tax purposes and subject to Nebraska State
income taxation.
Section 3.03 Pledge of Revenues.
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O’Neill Wood Resources, LLC
Under the terms of the Resolution, the Authority pledges 100% of the available annual
TIF Revenues derived from the Redevelopment Project Property as security for and to provide
payment of the Indebtedness as the same fall due (including payment of any mandatory
redemption amounts set for the Indebtedness in accordance with the terms of the Resolution).
Section 3.04 Purchase and Pledge of Indebtedness/Grant of Net Proceeds of Indebtedness.
The Redeveloper has agreed to purchase the Indebtedness from the Authority for a price
equal to the principal amount thereof, payable as provided in Section 3.02 and this Section 3.04.
The Redevelopment Plan provides for the Redeveloper to receive a grant under this
Redevelopment Contract. In accordance with the terms of the Redevelopment Plan the
Redeveloper is to receive a grant sufficient to pay the costs of site acquisition, demolition and
rehabilitation expenditures, all improvements related to Project public infrastructure costs, site
preparation costs, utility extensions and costs of the Authority for legal and plan preparation
including those items described on Exhibit D (the "Project Costs"), in the aggregate maximum
amount not to exceed $209,000. Notwithstanding the foregoing, the aggregate amount of the
Indebtedness and the grant shall not exceed the amount of Project Costs as certified pursuant to
Section 4.02 of this Redevelopment Contract. Such grant shall be made to the Redeveloper upon
certification of Project Costs as set forth herein and in the Resolution, and payment purchase of
the Indebtedness as provided in Section 3.02, unless Redeveloper elects to offset the payment of
the purchase of the Indebtedness with the grant proceeds as provided herein and in the
Resolution. The Authority shall have no obligation to provide grant funds from any source other
than as set forth in the Resolution and this Redevelopment Contract.
Section 3.05 Creation of Funds.
In the Resolution, the Authority has provided for the creation of the following funds and
accounts which funds shall be held by the Authority separate and apart from all other funds and
moneys of the Authority and the City:
(a)a special trust fund called the “O’Neill Wood Resources Redevelopment Project Note Fund”
(the “Note Fund”). All of the TIF Revenues shall be deposited into the Note Fund. The TIF
Revenues accumulated in the Note Fund shall be used and applied on the Business Day prior to
each Interest Payment Date (i) to make any payments to the City or the Authority as may be
required under the Redevelopment Contract and (ii) to pay principal of or interest on the Note to the
extent of any money then remaining the Note Fund on such Interest Payment Date. Money in the
Note Fund shall be used solely for the purposes described herein and in the Resolution. All
Revenues received through and including December 31, 2035 shall be used solely for the payments
required herein and by the Resolution; and
(b)a special trust fund called the “O’Neill Wood Resources Redevelopment Project Fund” (the
“Project Fund”) The Authority shall disburse any money on deposit in the Project Fund from time
to time to pay or as reimbursement for payment made for the Project Costs in each case within 5
Business Days after completion of the steps set forth herein and in the Resolution. If a sufficient
amount to pay a properly completed Disbursement Request (as defined in Section 4.02) is not in the
Project Fund at the time of the receipt by the Authority of such request, the Authority shall notify
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the owner of the Note and such owner may deposit an amount sufficient to pay such request with
the Authority for such payment. As set forth in the Resolution, if the Redeveloper is the owner of
the Note and the Redeveloper so elects, the Authority shall make a grant to Redeveloper in the
amount of an approved Disbursement Request; in such event, the approved Disbursement Request
amount shall offset funding of the Note.
ARTICLE IV
OBLIGATIONS OF CITY
Section 4.01 Appointment of Authority to Undertake Redevelopment Project.
City hereby appoints and designates the Authority to implement the Redevelopment Plan
and Redevelopment Project pursuant to Section 18-2123.01 of the Act.
ARTICLE V
OBLIGATIONS OF REDEVELOPER
Section 5.01 Construction of Project;
(a) Redeveloper will acquire the Project, demolish and rehabilitate structures on the site,
prepare the site for redevelopment, install all required utilities and improvements in accordance
with the plans and specifications provided to the Authority. The Redeveloper shall provide and
pay for infrastructure installation.
Redeveloper shall pay for the costs of site acquisition, site preparation, demolition and
rehabilitation, utility extension, public infrastructure and costs of the Authority as set forth on
Exhibit D, from the grant provided in Section 3.04 hereof. Redeveloper shall be solely
responsible for obtaining all permits and approvals necessary to acquire, construct and equip the
Project. Until construction of the Project has been completed, Redeveloper shall make reports in
such detail and at such times as may be reasonably requested by the Authority as to the actual
progress of Redeveloper with respect to construction of the Project. Such reports shall include
actual expenditures incurred as described on Exhibit D.
(b) Any general contractor chosen by the Redeveloper shall be required to obtain and keep
in force at all times until completion of construction, policies of insurance including coverage for
contractors' general liability and completed operations and a penal bond as required by the Act or
as is otherwise required by law. The City, the Authority and the Redeveloper shall be named as
additional insureds. Any contractor chosen by the Redeveloper or the Redeveloper itself, as
owner, shall be required to purchase and maintain property insurance upon the Project to the full
insurable value thereof. This insurance shall insure against the perils of fire and extended
coverage and shall include 'All Risk" insurance for physical loss or damage. The contractor with
respect to any specific contract or the Redeveloper shall also carry insurance on all stored
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materials. The contractor or the Redeveloper, as the case may be, shall furnish the Authority and
the City with a Certificate of Insurance evidencing policies as required above. Such certificates
shall state that the insurance companies shall give the Authority prior written notice in the event
of cancellation of or material change in any of any of the policies.
(c) Notwithstanding any provision herein to the contrary, in the event Redeveloper has
not acquired fee simple title to the Redevelopment Project Area on or before February 1, 2018,
this Redevelopment Contract shall be null and void and of no force or effect effective as of the
date of execution hereof, and neither party shall have any liability or obligation to the other party
with respect hereto.
(d) The Redeveloper shall provide a payment and performance bond from a bond company
doing business in the state of Nebraska in the total amount $25,000. The City and Authority
shall be named as beneficiaries under such bond.
Section 5.02 Cost Certification & Disbursement of TIF Note Proceeds.
Proceeds of the TIF Note may be advanced and disbursed in the manner set forth below:
(a)There shall be submitted to the Authority a grant disbursement request (the
“Disbursement Request”), executed by the Director of the City’s Planning Department and an
authorized representative of the Redeveloper or applicable successor or assign with respect to each
phase, (i) certifying that a portion of the Project has been substantially completed and (ii) certifying
the actual costs incurred by the Redeveloper in the completion of such portion of the Project.
(b)If the costs requested for reimbursement under the Disbursement Request are
currently reimbursable under Exhibit “D” of this Redevelopment Contract and the Community
Redevelopment Law, the Authority shall evidence such allocation in writing and inform the owner
of the TIF Note of any amounts allocated to the TIF Note.
(c)Upon notification from the Authority as described in Section 5.02(b), deposits to the
accounts in the Project Fund may be made from time to time from funds received by the Authority
from the owner of the Note (if other than the Redeveloper) in the amounts necessary to pay amounts
requested in properly completed, signed and approved written Disbursement Requests as described
herein. Such amounts shall be proceeds of the Note and the Treasurer of the Authority shall inform
the Registrar (as defined in the Note Resolution) in writing of the date and amount of such deposits.
At the option of the Redeveloper, if the Redeveloper is the owner of the Note, the Authority shall
make a grant to Redeveloper in the amount of the approved Disbursement Request; in such event,
the approved Disbursement Request amount shall offset funding of the Note. The Registrar shall
keep and maintain a record of the amounts deposited into the Project Fund from Note proceeds
pursuant to the terms of this Resolution as “Principal Amount Advanced” and shall enter the
aggregate principal amount then Outstanding as the “Cumulative Outstanding Principal Amount” on
its records maintained for the Note. The aggregate amount deposited into the Project Fund from
proceeds of the Note shall not exceed $209,000.
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Section 5.03 No Discrimination.
Redeveloper agrees and covenants for itself its successors and assigns that it will not
discriminate against any person or group of persons on account of race, sex, color, religion,
national origin, ancestry, disability, marital status or receipt of public assistance in connection
with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the
construction of the Project, Redeveloper will not discriminate against any employee or applicant
for employment because of race, religion, sex, color, national origin, ancestry, disability, marital
status or receipt of public assistance. Redeveloper will comply with all applicable federal, state
and local laws related to the Project.
Section 5.04 Assignment or Conveyance.
This Redevelopment Contract shall not be assigned by the Redeveloper without the
written consent of the Authority. Such consent shall not be unreasonably withheld. Redeveloper
agrees that it shall not convey any Lot or any portion thereof or any structures thereon to any
person or entity that would be exempt from payment of real estate taxes, and that it will not make
application for any structure, or any portion thereof, to be taxed separately from the underlying
land of any Lot.
Section 5.05 Payment of Authority Costs.
Redeveloper shall pay to the Authority the following sums upon execution hereof:
a. Legal expenses of Authority for representation related to this Redevelopment Contract
and the issuance of the TIF Note and other matters.
b. $_________ for City and Authority administrative accounting of incremental tax
payments.
Section 5.06. Obligation to Restore.
In the event of any damage or destruction to the Private Improvements during the Tax
Increment Period, Redeveloper agrees to use good faith efforts to commence restoration of the
Private Improvements to its prior condition within twelve (12) months from the date of the
damage or destruction, and shall pursue the same to completion.
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ARTICLE VI
FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES
Section 6.01 Financing
Redeveloper shall pay all costs related to the redevelopment of the Redevelopment Project
Area and the Redevelopment Project Property which are in excess of the amounts paid from the
proceeds of the grant provided from the proceeds of the Indebtedness and granted to
Redeveloper. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts
associated with the Project.
ARTICLE VII
DEFAULT, REMEDIES; INDEMNIFICATION
Section 7.01 General Remedies of Authority and Redeveloper.
Subject to the further provisions of this Article VII, in the event of any failure to perform
or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto
or any successor to such party, such party, or successor, shall, upon written notice from the other,
proceed immediately to commence such actions as may be reasonably designed to cure or
remedy such failure to perform or breach which cure or remedy shall be accomplished within a
reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or
diligently pursued, or the failure to perform or breach shall not be cured or remedied within a
reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may
institute such proceedings as may be necessary or desirable to enforce its rights under this
Redevelopment Contract, including, but not limited to, proceedings to compel specific
performance by the party failing to perform or in breach of its obligations. The Redeveloper
hereby acknowledges and agrees that the Authority shall have completed its required
performances and satisfied all of its obligations under this Redevelopment Contract upon the
issuance of the Indebtedness and the subsequent payment of grant amounts to the Redeveloper as
set forth in Article III hereof and by complying with the obligations of all Redevelopment
Contract Amendments.
Section 7.02 Additional Remedies of Authority
In the event that (each such event an "event of default"):
(a)the Redeveloper, or its successor in interest, shall fail to commence the
construction of the improvements included in the Project Costs on or before March 1,
2018, or shall abandon construction work related to the Project Costs, once commenced,
for any period of 180 days, excepting delays caused by inclement weather,
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(b)the Redeveloper, shall fail to pay real estate taxes or assessments on the
Redevelopment Project Property owned by the Redeveloper or any part thereof when due;
and
(c)there is a violation of any other provision of this Redevelopment Contract,
and such failure or action by the Redeveloper has not been cured within 90 days following
written notice from Authority, then the Redeveloper shall be in default of this
Redevelopment Contract;
In the event of such failure to perform, breach or default occurs and is not cured in the
period herein provided, the parties agree that the damages caused to the Authority would be
difficult to determine with certainty and that a reasonable estimation of the amount of damages
that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this
Redevelopment Contract, less any reductions in the principal amount of the Indebtedness, plus
interest on such amounts as provided herein (the "Liquidated Damages Amount"). Upon the
occurrence of an event of default, the Liquidated Damages Amount shall be paid by Redeveloper
to Authority within 30 days of demand from Authority given to the Redeveloper.
Interest shall accrue on the Liquidated Damages Amount at the rate of three percent (3%)
per annum and interest shall commence from the date that the Authority gives notice to the
Redeveloper demanding payment.
Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its
obligation to pay real estate taxes or assessments with respect to the Redevelopment Project
Property and the Project.
Redeveloper, on or before contracting for work included within the Project Costs, shall
furnish to the Authority copies of payment and performance bonds for each contract entered into
by Redeveloper related to Project Costs. Each such bond shall show the Authority and the City
as beneficiary of any such bond, as and to the extent commercially obtainable (as determined in
the discretion of the Authority). In addition, the Redeveloper shall provide a penal bond with
good and sufficient surety to be approved by the Authority, conditioned that the Redeveloper
shall at all times promptly make payments of all amounts lawfully due to all persons supplying
or furnishing to any contractor or his or her subcontractors (for each contract entered into by
Redeveloper related to Project Costs) with labor or materials performed or used in the
prosecution of the work provided for in such contract, and will indemnify and save harmless the
Authority to the extent of any payments in connection with the carrying out of such contracts
which the Authority may be required to make under the law.
Section 7.03 Remedies in the Event of Other Redeveloper Defaults.
In the event the Redeveloper fails to perform any other provisions of this Redevelopment
Contract (other than those specific provisions contained in Section 7.02), the Redeveloper shall
be in default. In such an instance, the Authority may seek to enforce the terms of this
Redevelopment Contract or exercise any other remedies that may be provided in this
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Redevelopment Contract or by applicable law; provided, however, that any defaults covered by
this Section shall not give rise to a right or rescission on termination of this Redevelopment
Contract, and shall not be covered by the Liquidated Damages Amount.
Section 7.04 Forced Delay Beyond Party's Control.
For the purposes of any of the provisions of this Redevelopment Contract, neither the
Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be
considered in breach of or default in its obligations with respect to the conveyance or preparation
of the Redevelopment Area or any part thereof for redevelopment, or the beginning and
completion of construction of the Project, or progress in respect thereto, in the event of forced
delay in the performance of such obligations due to unforeseeable causes beyond its control and
without its fault or negligence, including, but not restricted to, acts of God, or of the public
enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors
due to such causes; it being the purpose and intent of this provision that in the event of the
occurrence of any such forced delay, the time or times for performance of the obligations of the
Authority or of the Redeveloper with respect to construction of the Project, as the case may be,
shall be extended for the period of the forced delay: Provided, that the party seeking the benefit
of the provisions of this section shall, within thirty (30) days after the beginning of any such
forced delay, have first notified the other party thereto in writing, and of the cause or causes
thereof and requested an extension for the period of the forced delay.
Section 7.05 Limitations of Liability; Indemnification.
Notwithstanding anything in this Article VII or this Redevelopment Contract to the
contrary, neither the City, the Authority, nor their respective elected officials, officers, directors,
appointed officials, employees, attorneys, agents or their governing bodies shall have any
pecuniary obligation or monetary liability under this Redevelopment Contract. The sole
obligation of the Authority under this Redevelopment Contract shall be the issuance of the
Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, and full
compliance with the terms specifically set forth Article III hereof and payment of TIF Revenues
pledged pursuant to the Resolution. The Redeveloper releases the City and Authority from,
agrees that neither the City nor Authority shall be liable for, and agrees to indemnify and hold
the City and Authority harmless from any liability for any loss or damage to property or any
injury to or death of any person that may be occasioned by any cause whatsoever pertaining to
the Project.
The Redeveloper will indemnify and hold each of the City and Authority and their
respective elected officials, directors, officers, appointed officials, attorneys, agents, employees
and members of their governing bodies free and harmless from any loss, claim, damage, demand,
tax, penalty, liability, disbursement, expense, excluding litigation expenses, attorneys' fees and
expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever
kind or character, to property (including loss of use thereof) or persons, occurring or allegedly
occurring in, on or about that portion of the Project owned by the Redeveloper, during the term
of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, related to
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activities of the Redeveloper or its agents during the construction of the public infrastructure or
public right of ways in the Project.
ARTICLE VIII
MISCELLANEOUS
Section 8.01 Notice Recording.
This Redevelopment Contract or a notice memorandum of this Redevelopment Contract
may be recorded in the office of the Register of Deeds of Hall County, Nebraska.
Section 8.02 Governing Law.
This Redevelopment Contract shall be governed by the laws of the State of Nebraska,
including but not limited to the Act.
Section 8.03 Binding Effect: Amendment, Assignment.
This Redevelopment Contract shall be binding on the parties hereto and their respective
successors and assigns. The Redevelopment Contract shall not be amended except by a writing
signed by the party to be bound. The Redeveloper may assign its rights and obligations to a
controlled entity which shall be bound by all the terms hereof.
Section 8.04 Effective Date and Implementation of Redevelopment Contract.
This Agreement is in full force and effect from and after the date of execution hereof by
both the Redeveloper, the City and the Authority.
Section 8.05 Notices to Parties.
Notices to Parties shall be mailed by U. S. Mail to the following addresses:
Redeveloper:
O’Neill Wood Resources, LLC
P.O. box 2202
Grand Island, NE 68802
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Authority and City:
Director
Grand Island Community Redevelopment Authority
Hall County Regional Planning Department
100 E 1st Street
P.O. Box 1968
Grand Island, NE 68802
IN WITNESS WHEREOF, City, Authority and Redeveloper have signed this Redevelopment
Contract as of the date and year first above written.
CITY OF GRAND ISLAND
By:_________________________
Mayor
ATTEST:
_______________________
City Clerk
STATE OF NEBRASKA )
) SS
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of
______________________ 2017, by ________________ and ________________, Mayor and
City Clerk, respectively, of the City of Grand Island, Nebraska, on behalf of the Authority.
____________________________
Notary Public
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COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF
ATTEST:GRAND ISLAND, NEBRASKA
____________________________ By:________________________
Secretary Chairman
STATE OF NEBRASKA )
) SS
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day
of___________________ 2017, by ________________ and ________________, Chairman and
Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island,
Nebraska, on behalf of the Authority.
____________________________
Notary Public
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O’Neill Wood Resources, LLC
By:______________________
STATE OF NEBRASKA )
) SS
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of ______________,
2017, by Patrick O’Neill, manager of O’Neill Wood Resources, LLC, on behalf of the limited
liability company.
________________________
Notary Public
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EXHIBIT A
REDEVELOPMENT PLAN
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EXHIBIT B
ORDINANCE #9645
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EXHIBIT C
DESCRIPTION OF REDEVELOPMENT PROJECT AREA
A TRACT OF LAND LOCATED IN PART OF THE SOUTHEAST QUARTER (SE1/4) OF
SECTION EIGHTEEN (18), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST
OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18; THENCE ON AN
ASSUMED BEARING OF N01°18'49"W, ALONG THE EAST LINE OF SAID E1/2 OF
SECTION 18, A DISTANCE OF 591.59 FEET; THENCE S88°41'11"W A DISTANCE OF 4.22
FEET TO THE POINT OF BEGINNING; THENCE S89°02'09"W A DISTANCE OF 2510.04
FEET; THENCE N00°59'37"W A DISTANCE OF 927.97 FEET; THENCE N89°02'52"E A
DISTANCE OF 820.31 FEET TO A POINT ON THE WEST LINE OF 86 FT. DRAINAGE
EASEMENT; THENCE N01°11'12"W, ALONG SAID WEST LINE OF DRAINAGE
EASEMENT, A DISTANCE OF 76.55 FEET; THENCE N89°24'56"E A DISTANCE OF
1639.82 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION, HAVING AN ANGLE OF 20°33'43", HAVING A RADIUS OF
722.17 FEET, AND CHORD BEARING S11°30'01"E A CHORD DISTANCE OF 257.78
FEET; THENCE S01°14'28"E A DISTANCE OF 740.06 FEET TO THE POINT OF
BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 2,442,827.01 SQUARE FEET OR
56.080 ACRES MORE OR LESS, OF WHICH 1.02 ACRES ARE COUNTY ROAD RIGHT-
OF-WAY.
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EXHIBIT D
SOURCES AND USES
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $209,000 $103,000 $312,000
Legal and Plan*$34,000 $34,000
Engineering/Arch $73,000 $73,000
On-Site Improvements $615,000 $615,000
New Construction $1,375,000 $1,375,000
Equipment $2,250,000 $2,250,000
Financing $30,000 $30,000
Contingency $100,000 $100,000
TOTALS $209,000 $4,580,000 $4,789,000
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EXHIBIT E
(FORM OF NOTE)
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF HALL
COMMUNITY REDEVELOPMENT AUTHORITY
OF THE CITY OF GRAND ISLAND, NEBRASKA
TAX INCREMENT DEVELOPMENT REVENUE NOTE
(O’NEILL WOOD RESOURCES, LLC REDEVELOPMENT PROJECT), SERIES 2017
No. R-1 Up to $11,600,000
(subject to reduction as described herein)
Date of Date of Rate of
Original Issue Maturity Interest
December 31, 2035 0.00%
REGISTERED OWNER: O’Neill Wood Resources, LLC
PRINCIPAL AMOUNT: SEE SCHEDULE 1 ATTACHED HERETO
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE
NOTE SET FORTH ON THE FOLLOWING PAGES, WHICH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH AT
THIS PLACE.
IN WITNESS WHEREOF, THE COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA has caused this Note to
be signed by the manual signature of the Chairman of the Authority, countersigned by the
manual signature of the Secretary of the Authority, and the City’s corporate seal imprinted
hereon.
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COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND
ISLAND, NEBRASKA
[S E A L]
By: (manual signature)
Chairman
By: (manual signature)
Secretary
The COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF
GRAND ISLAND, NEBRASKA (the “Authority”) acknowledges itself indebted to, and for
value received hereby promises to pay, but solely from certain specified tax revenues and other
funds hereinafter specified, to the Registered Owner named above, or registered assigns, on the
Date of Maturity stated above (or earlier as hereinafter referred to), the Principal Amount on
Schedule 1 attached hereto upon presentation and surrender hereof at the office of the registrar
and paying agent herefor, the Treasurer of the City of Grand Island, Nebraska (the “Registrar”),
and in like manner to pay interest on the Cumulative Outstanding Principal Amount reflected in
Schedule 1 at the Rate of Interest stated above, calculated on the basis of a 360-day year
consisting of twelve, 30-day months, from the Date of Original Issue stated above, or the most
recent interest payment date to which interest has been paid or duly provided for, as specified
below, to maturity or earlier redemption, payable semiannually on June 1 and December 1 of
each year until payment in full of such Principal Amount, beginning June 1, 2020, by check or
draft mailed to the Registered Owner hereof as shown on the Note registration books maintained
by the Registrar on the 15th day of the month preceding the month in which the applicable
interest payment date occurs, at such Owner’s address as it appears on such Note registration
books. The principal of this Note and the interest hereon are payable in any coin or currency
which on the respective dates of payment thereof is legal tender for the payment of debts due the
United States of America.
This Note is issued by the Authority under the authority of and in full compliance with the
Constitution and statutes of the State of Nebraska, including particularly Article VIII, Section 12 of
the Nebraska Constitution, Sections 18-2101 to 18-2153, inclusive, Reissue Revised Statutes of
Nebraska, as amended, and under and pursuant to Resolution No. ________ duly passed and
adopted by the Authority on __________2017, as from time to time amended and supplemented
(the “Resolution”).
THE PRINCIPAL AMOUNT OF THIS NOTE IS SET FORTH IN SCHEDULE 1
ATTACHED HERETO. THE MAXIMUM PRINCIPAL AMOUNT OF THIS NOTE IS
$209,000.
This Note is a special limited obligation of the Authority payable as to principal and
interest solely from and is secured solely by the Tax Revenue (as defined in the Resolution) and
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certain other money, funds and securities pledged under the Resolution, all on the terms and
conditions set forth in the Resolution. The Tax Revenue represents that portion of ad valorem
taxes levied by public bodies of the State of Nebraska, including the City, on real property within
the Project Area (as defined in the Resolution) which is in excess of that portion of such ad
valorem taxes produced by the levy at the rate fixed each year by or for each such public body
upon the valuation of the Project Area as of a certain date and as has been certified by the County
Assessor of Hall County, Nebraska to the City in accordance with law.
Reference is hereby made to the Resolution for the provisions, among others, with respect
to the collection and disposition of certain tax and other revenues, the special funds charged with
and pledged to the payment of the principal of and interest on this Note, the nature and extent of
the security thereby created, the terms and conditions under which this Note has been issued, the
rights and remedies of the Registered Owner of this Note, and the rights, duties, immunities and
obligations of the City and the Authority. By the acceptance of this Note, the Registered Owner
assents to all of the provisions of the Resolution.
The principal of and interest hereon shall not be payable from the general funds of the City
nor the Authority nor shall this Note constitute a legal or equitable pledge, charge, lien, security
interest or encumbrance upon any of the property or upon any of the income, receipts, or money
and securities of the City or the Authority or of any other party other than those specifically
pledged under the Resolution. This Note is not a debt of the City or the Authority within the
meaning of any constitutional, statutory or charter limitation upon the creation of general
obligation indebtedness of the City or the Authority, and does not impose any general liability
upon the City or the Authority and neither the City nor the Authority shall be liable for the
payment hereof out of any funds of the City or the Authority other than the Tax Revenues and
other funds pledged under the Resolution, which Tax Revenues and other funds have been and
hereby are pledged to the punctual payment of the principal of and interest on this Note in
accordance with the provisions of this Resolution.
The Registered Owner may from time to time enter the respective amounts advanced
pursuant to the terms of the Resolution under the column headed “Principal Amount Advanced” on
Schedule 1 hereto (the “Table”) and may enter the aggregate principal amount of this Note then
outstanding under the column headed “Cumulative Outstanding Principal Amount” on the Table.
On each date upon which a portion of the Cumulative Outstanding Principal Amount is paid to the
Registered Owner pursuant to the redemption provisions of the Resolution, the Registered Owner
may enter the principal amount paid on this Note under the column headed “Principal Amount
Redeemed” on the Table and may enter the then outstanding principal amount of this Note under
the column headed “Cumulative Outstanding Principal Amount” on the Table. Notwithstanding
the foregoing, the records maintained by the Trustee as to the principal amount issued and principal
amounts paid on this Note shall be the official records of the Cumulative Outstanding Principal
Amount of this Note for all purposes.
Reference is hereby made to the Resolution, a copy of which is on file in the office of the
City Clerk, and to all of the provisions of which each Owner of this Note by its acceptance hereof
hereby assents, for definitions of terms; the description of and the nature and extent of the security
for this Note; the Tax Revenue and other money and securities pledged to the payment of the
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principal of and interest on this Note; the nature and extent and manner of enforcement of the
pledge; the conditions upon which the Resolution may be amended or supplemented with or
without the consent of the Owner of this Note; the rights, duties and obligations of the Authority
and the Registrar thereunder; the terms and provisions upon which the liens, pledges, charges,
trusts and covenants made therein may be discharged at or prior to the maturity or redemption of
this Note, and this Note thereafter no longer be secured by the Resolution or be deemed to be
outstanding thereunder, if money or certain specified securities shall have been deposited with the
Registrar sufficient and held in trust solely for the payment hereof; and for the other terms and
provisions thereof.
This Note is subject to redemption prior to maturity, at the option of the Authority, in
whole or in part at any time at a redemption price equal to 100% of the principal amount being
redeemed, plus accrued interest on such principal amount to the date fixed for redemption.
Reference is hereby made to the Resolution for a description of the redemption procedures and the
notice requirements pertaining thereto.
In the event this Note is called for prior redemption, notice of such redemption shall be
given by first-class mail to the Registered Owner hereof at its address as shown on the registration
books maintained by the Registrar not less than 10 days prior to the date fixed for redemption,
unless waived by the Registered Owner hereof. If this Note, or any portion thereof, shall have
been duly called for redemption and notice of such redemption duly given as provided, then upon
such redemption date the portion of this Note so redeemed shall become due and payable and if
money for the payment of the portion of the Note so redeemed and the accrued interest thereon to
the date fixed for redemption shall be held for the purpose of such payment by the Registrar,
interest shall cease to accrue and become payable hereon from and after the redemption date.
This Note is transferable by the Registered Owner hereof in person or by its attorney or
legal representative duly authorized in writing at the principal office of the Registrar, but only in
the manner, subject to the limitations and upon payment of the charges provided in the Resolution,
and upon surrender and cancellation of this Note. Upon such transfer, a new Note of the same
series and maturity and for the same principal amount will be issued to the transferee in exchange
therefor. The Authority and the Registrar may deem and treat the Registered Owner hereof as the
absolute owner hereof for the purpose of receiving payment of or on account of principal of and
interest due hereon and for all other purposes.
This Note is being issued as a registered Note without coupons. This Note is subject to
exchange as provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and things required to
have happened, to exist and to have been performed precedent to and in the issuance of this Note
have happened, do exist and have been performed in regular and due time, form and manner; that
this Note does not exceed any constitutional, statutory or charter limitation on indebtedness; and
that provision has been made for the payment of the principal of and interest on this Note as
provided in this Resolution.
Grand Island Council Session - 11/28/2017 Page 127 / 153
O’Neill Wood Resources, LLC
(FORM OF ASSIGNMENT)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
___________________________________________________________________________
Print or Type Name, Address and Social Security Number
or other Taxpayer Identification Number of Transferee
the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints
_______________ agent to transfer the within Note on the Note register kept by the Registrar for
the registration thereof, with full power of substitution in the premises.
Dated: ___________________________________________________
NOTICE: The signature to this Assignment
must correspond with the name of the
Registered Owner as it appears upon the
face of the within Note in every particular.
Signature Guaranteed By:
____________________________________
Name of Eligible Guarantor Institution as
defined by SEC Rule 17 Ad-15 (17 CFR
240.17 Ad-15)
By:________________________________
Title:_______________________________
[The remainder of this page intentionally left blank]
Grand Island Council Session - 11/28/2017 Page 128 / 153
O’Neill Wood Resources, LLC
SCHEDULE 1
TABLE OF CUMULATIVE OUTSTANDING PRINCIPAL AMOUNT
COMMUNITY REDEVELOPMENT AUTHORITY OF
THE CITY OF GRAND ISLAND, NEBRASKA
O’NEILL WOOD RESOURCES, LLC REDEVELOPMENT PROJECT
TAX INCREMENT DEVELOPMENT REVENUE NOTE, SERIES 2017
Date
Principal
Amount
Advanced
Principal
Amount
Redeemed
Cumulative
Outstanding
Principal
Amount
Notation
Made
By
Grand Island Council Session - 11/28/2017 Page 129 / 153
-1-
R E S O L U T I O N 2017-337
A RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT
CONTRACT WITH O’NEILL WOOD RESOURCES, THE COMMUNITY
REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND AND
THE CITY OF GRAND ISLAND; APPROVING THE USE OF TAX INCREMENT
FINANCING, EVIDENCED BY A NOTE OR OTHER OBLIGATION, IN A
PRINCIPAL AMOUNT NOT TO EXCEED $209,000 FOR THE PURPOSE OF
PAYING THE COSTS OF ACQUIRING PROPERTY AS DESCRIBED IN
REDEVELOPMENT PLAN FOR CRA AREA #20; AND RELATED MATTERS.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
ARTICLE I
FINDINGS AND DETERMINATIONS
Section 1.1. Findings and Determinations. The Mayor and members of the City Council of
Grand Island, Nebraska (the “City”) hereby find and determine as follows:
(a)The City previously approved the O’Neill Wood Resources Redevelopment Project May
2017 (the “Redevelopment Plan”) under and pursuant to the Nebraska Community Development Law (the
“Act”) to assist in the redevelopment and rehabilitation of the Redevelopment Area (hereinafter defined).
(b)The City, in approving the Redevelopment Plan determined that (a) the plan was
feasible and in conformity with the general plan for the development of the city as a whole and
the plan was in conformity with the legislative declarations and determinations set forth in the
Act and (b) that, if the plan uses funds authorized in section 18-2147 of the Act, (i) the
redevelopment project in the plan would not be economically feasible without the use of tax-
increment financing, (ii) the redevelopment project would not occur in the community
redevelopment area without the use of tax-increment financing, and (iii) the costs and benefits
of the redevelopment project, including costs and benefits to other affected political
subdivisions, the economy of the community, and the demand for public and private services
have been analyzed by the governing body and have been found to be in the long-term best
interest of the community impacted by the redevelopment project.
(c)The Redevelopment Area, described on Attachment “A”, hereto, lies within Hall County
Sanitary Improvement District Number 4 (SID #4), which district was created and approved by the Hall
County, Nebraska District Court on September 20, 2017.
(d) The Redevelopment Area, was formerly owned by, leased to or otherwise possessed by
the United States under the jurisdiction of the United States Secretary of Defense and was part of the
Cornhusker Army Ammunition Plant.
(e) The City adopted ordinance #9645, on August 22, 2017, expressing the intent of the City
to annex the Redevelopment Area when the same shall become eligible for annexation.
Grand Island Council Session - 11/28/2017 Page 130 / 153
-2-
(f)The City has been presented with a Redevelopment Contract in the form of Attachment
“B”, hereto. It is in the best interests of the City that it approve the Redevelopment Contract and that the
Authority be appointed by the City to implement the Redevelopment Plan.
(g)Pursuant to the Redevelopment Contract, the Authority will hereafter obligate itself to
provide a portion of the financing to acquire a portion of the Redevelopment Area (as defined in the
Redevelopment Contract) in the Redevelopment Area (the “Project Cost”), including, without limitation)
completing the acquisition of the Project Site (as defined in the Redevelopment Contract), ( the “Project”),
as more fully described in the Redevelopment Contract.
ARTICLE II
APPROVAL OF ACTIONS
Section 2.1. General and Specific Authorizations;
(a)The Authority is hereby appointed to act on behalf of the City to implement the
Redevelopment Plan.
(b)The Mayor and City Clerk are authorized and directed to execute the Redevelopment
Contract in the form presented (Attachment “B”) with such immaterial changes as the Mayor, in his
discretion deems proper.
(c)The Authority is authorized to undertake the actions set forth in the Redevelopment
Contract upon execution and approval by the Authority including the issuance of a Tax Increment
Development Revenue Note not to exceed $209,000.
Section 2.2 Benefits of Resolution Limited to the City and Authority. With the exception of
rights or benefits herein expressly conferred, nothing expressed or mentioned in or to be implied from this
Resolution is intended or should be construed to confer upon or give to any person other than the City and
Authority any legal or equitable right, remedy or claim under or by reason of or in respect to this Resolution
or any covenant, condition, stipulation, promise, agreement or provision herein contained. The Resolution
and all of the covenants, conditions, stipulations, promises, agreements and provisions hereof are intended to
be and shall be for and inure to the sole and exclusive benefit of the City and the Authority.
Section 2.3. No Personal Liability. No officer or employee of the City or Authority shall be
individually or personally liable for any action taken in their representative capacity in complying with the
terms of this Resolution. Nothing herein contained shall, however, relieve any such officer or employee
from the performance of any duty provided or required by law.
Section 2.4 Partial Invalidity. If any one or more of the covenants or agreements or portions
thereof provided in this Resolution on the part of the City or the Authority to be performed should be
determined by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or
such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining
covenants and agreements or portions thereof provided in this Resolution and the invalidity thereof shall in
no way affect the validity of the other provisions of this Resolution.
If any provisions of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or
unenforceable or invalid as applied in any particular case in any jurisdiction or jurisdictions or in all
jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or
for any other reason, such circumstances shall not have the effect of rendering the provision in question
Grand Island Council Session - 11/28/2017 Page 131 / 153
-3-
inoperative or unenforceable or invalid in any other case or circumstance, or of rendering any other
provision or provisions herein contained inoperative or unenforceable or invalid to any extent whatever.
Section 2.5. Law and Place of Enforcement of this Resolution. The Resolution shall be
construed and interpreted in accordance with the laws of the State of Nebraska. All suits and actions arising
out of this Resolution shall be instituted in a court of competent jurisdiction in the State of Nebraska.
Section 2.6. Effect of Article and Section Headings and Table of Contents. The headings or
titles of the several Articles and Sections hereof, or to copies hereof, shall be solely for convenience of
reference and shall not affect the meaning, construction, interpretation or effect of this Resolution.
Section 2.7. Repeal of Inconsistent Resolution. Any Resolution of the City and any part of any
resolution, inconsistent with this Resolution is hereby repealed to the extent of such inconsistency.
Section 2.8. Publication and Effectiveness of this Resolution. This Resolution shall take effect
and be in full force from and after its passage by the City Council of the City of Grand Island.
PASSED AND ADOPTED: November 28, 2017.
THE CITY OF GRAND ISLAND, NEBRASKA
(SEAL)By:
Mayor
ATTEST:
By:
City Clerk
Grand Island Council Session - 11/28/2017 Page 132 / 153
-4-
Attachment “A”
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION
EIGHTEEN (18), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M.,
HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18; THENCE ON AN ASSUMED
BEARING OF N01°18'49"W, ALONG THE EAST LINE OF SAID E1/2 OF SECTION 18, A
DISTANCE OF 591.59 FEET; THENCE S88°41'11"W A DISTANCE OF 4.22 FEET TO THE POINT
OF BEGINNING; THENCE S89°02'09"W A DISTANCE OF 2510.04 FEET; THENCE N00°59'37"W A
DISTANCE OF 927.97 FEET; THENCE N89°02'52"E A DISTANCE OF 820.31 FEET TO A POINT
ON THE WEST LINE OF 86 FT. DRAINAGE EASEMENT; THENCE N01°11'12"W, ALONG SAID
WEST LINE OF DRAINAGE EASEMENT, A DISTANCE OF 76.55 FEET; THENCE N89°24'56"E A
DISTANCE OF 1639.82 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION, HAVING AN ANGLE OF 20°33'43", HAVING A RADIUS OF 722.17
FEET, AND CHORD BEARING S11°30'01"E A CHORD DISTANCE OF 257.78 FEET; THENCE
S01°14'28"E A DISTANCE OF 740.06 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS A CALCULATED AREA OF 2,442,827.01 SQUARE FEET OR 56.080
ACRES MORE OR LESS, OF WHICH 1.02 ACRES ARE COUNTY ROAD RIGHT-OF-WAY.
Grand Island Council Session - 11/28/2017 Page 133 / 153
-5-
Attachment “B”
Redevelopment Contract
Grand Island Council Session - 11/28/2017 Page 134 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item I-1
#2017-338 - Consideration of Amendment to the Redevelopment
Plan for CRA Area No. 1 located at 320-322 N. Pine Street (Urban
Island, LLC)
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/28/2017 Page 135 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-338
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban redevelopment
projects in areas of the City which are determined to be substandard and blighted and in need of
redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements
and procedures for the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to
be substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island,
Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of
the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan
pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114
of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the
Planning Commission, the recommendations of the Planning Commission to the City, and
following the public hearing with respect to the Redevelopment Plan, the City approved the Plan;
and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment
Plan, such project to be as follows: rehabilitation and redevelopment of an existing building in
downtown Grand Island, along with eligible planning expenses and fees associated with the
redevelopment project. All redevelopment activities will occur in Grand Island, Hall County,
Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
Grand Island Council Session - 11/28/2017 Page 136 / 153
2
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city
of Grand Island, Hall County, Nebraska, including the Redevelopment Project described
above, is hereby determined to be feasible and in conformity with the general plan for the
development of the City of Grand Island as a whole and the Redevelopment Plan,
including the Redevelopment Project identified above, is in conformity with the
legislative declarations and determinations set forth in the Act; and it is hereby found and
determined that (a) the redevelopment project in the plan would not be economically
feasible without the use of tax-increment financing, (b) the redevelopment project would
not occur in the community redevelopment area without the use of tax-increment
financing, and (c) the costs and benefits of the redevelopment project, including costs and
benefits to other affected political subdivisions, the economy of the community, and the
demand for public and private services have been analyzed by the City and have been
found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into
the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission.
2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by
this Resolution, and the Authority is hereby directed to implement the Redevelopment
Plan in accordance with the Act.
3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall
be divided, for a period not to exceed 15 years after the effective date of this provision,
which effective date shall set by the Community Redevelopment Authority in the
redevelopment contract as follows:
a.That proportion of the ad valorem tax which is produced by levy at the rate fixed
each year by or for each public body upon the Redevelopment Project Valuation
(as defined in the Act) shall be paid into the funds of each such public body in the
same proportion as all other taxes collected by or for the bodies; and
b.That proportion of the ad valorem tax on real property in the Redevelopment
Project in excess of such amount, if any, shall be allocated to, is pledged to, and,
when collected, paid into a special fund of the Authority to pay the principal of,
the interest on, and any premiums due in connection with the bonds, loans, notes
or advances of money to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such Authority for financing or refinancing, in whole or in
part, such Redevelopment Project. When such bonds, loans, notes, advances of
money, or indebtedness, including interest and premium due have been paid, the
Authority shall so notify the County Assessor and County Treasurer and all ad
valorem taxes upon real property in such Redevelopment Project shall be paid
into the funds of the respective public bodies.
Grand Island Council Session - 11/28/2017 Page 137 / 153
3
c.The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and
Notice of Pledge of Taxes with respect to each Redevelopment Project.
4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 138 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item I-2
#2017-339 - Consideration of Request from Rachel Dieken (aka
Rachel Senff) to Allow Privacy Fence in Public Right-of-Way
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/28/2017 Page 139 / 153
Council Agenda Memo
From:Keith Kurz PE, Manager of Engineering Services
Meeting:November 28, 2017
Subject:Consideration of Request from Rachel Dieken (aka
Rachel Senff) to Allow Privacy Fence in Public Right-of-
Way
Presenter(s):John Collins PE, Public Works Director
Background
On July 3, 2017 Code Enforcement received complaint of a privacy fence in the public
right-of-way at 2320 W 6th Street, due to causing a sight obstruction for neighboring
property owner leaving their driveway.
On July 6, 2017 Code Enforcement notified property owner of 2320 W 6th Street of City
Code Section 20-11; Obstructing Public Right-of-Way (shown below) violation and
option of either removing the portion of fence in the public right-of-way or applying for a
License Agreement to allow the fence to remain as is.
§20-11. Obstructing Public Right-of-Way
(A) It shall be illegal for any person, corporation or entity to erect, plant, place, or
maintain, fences, hedges, shrubbery, or other natural or man-made objects or structures on any
public right-of-way which interfere with or are hazardous to the City's or the general public's use of
the right-of-way. No such objects may be placed on any public right-of-way without the prior
consent of the City.
(B) When the City discovers any objects on the city right-of-way as described in
Subsection (A) herein, the City will notify the adjacent property owner or tenant that said objects
shall be removed immediately upon giving personal notice or posting the property.
(C) Any objects not removed pursuant to Subsections (A) and (B) herein may be removed
by city personnel and taken to the Grand Island Police Department impoundment facility or such
other facility as the city deems appropriate for storing said objects. If the objects are not claimed by
the owners within thirty days after being placed in storage, then the city may dispose of the property
as it deems appropriate. If said objects are auctioned, the City may retain sufficient funds to pay all
of the expenses of removal from the right-of-way and storage. Any person who has items removed
from the right-of-way by the City shall pay a daily storage fee, the cost of disposal and an
administrative fee of $50.00.
Amended by Ordinance No. 8936, effective 10-13-2004
Property owner notified Code Enforcement that she would be applying for the License
Agreement, which application for was submitted to Public Works Administration on July
6, 2017.
Grand Island Council Session - 11/28/2017 Page 140 / 153
On July 10, 2017, written notification was mailed to property owner of 2320 W 6th Street
of License Agreement application denial; with City Code Section 32-69 referenced which
pertains to Occupancy of Public Right-of-Way.
§32-69. General
(1) It shall be unlawful for any person, as defined in §1-2 of this code, to use, occupy or
obstruct any portion of any street, alley, sidewalk, easement or other public right-of-way or real
estate owned by or under the control of the City of Grand Island without first applying for, securing
and executing a License Agreement and paying the processing fee in accordance with the City of
Grand Island Fee Schedule, which fee shall not be refundable. The procedure for application and
review of a license agreement shall be as follows:
(A) An applicant or their agent shall file an application and a processing fee shall be paid in the
Public Works Department on forms to be provided by the City.
(B) The Public Works Department shall review the information provided on the application and
shall distribute copies of said application to such departments and agencies within the City as may
have an interest in or be affected by the proposed use set out in the application for review, comment
and/or recommendations.
(C) The application for license agreement shall be approved, unless a department or agency of the
City finds that the proposed use violates a federal, state or local statute, regulation, ordinance, code,
rule, regulation or policy or impedes, impairs, diminishes the use of the public land by the City, the
public or other person which has a lawful right to use and/or occupy said lands.
(2) The Public Works Director or his/her designee, upon receipt of comments and/or
recommendations from the aforementioned departments and agencies, may approve, or disapprove,
in whole or in part an application for license agreement. The director or his/her designee may
specify such conditions and terms to be included in the requested license agreement as are necessary
and prudent to protect the interests of the City, public, or any person which has a lawful right to use
and/or occupy said lands. The director shall inform the applicant or their agent in writing of any
decision disapproving in whole or in part the application for license agreement, said decision to be
sent to the address shown on the application.
(3) In the event an application submitted under (1) above is disapproved in whole or in
part, the applicant, within fifteen (15) days of the date of the decision by the Public Works Director
or his/her designee, may request that the application be placed on the agenda at a regular meeting
of the Mayor and City Council for review and final decision. A request for review shall be made in
writing and filed in the Public Works Department, along with the appeal fee set out in the Grand
Island Fee Schedule.
(4) This section shall not apply to personal property which is not affixed or attached to the
real estate except movable buildings or structures.
(5) An owner of an underground lawn sprinkling system encroaching into public Right-of-
Way on any improvement project that is to receive Federal Transportation Funds shall obtain a
license agreement subject to the requirements pursuant to this article.
(i) A processing fee is not required for a license agreement for underground
sprinkling systems encroaching into public Right-of-Way, so long as it is in connection with Federal
Transportation Funded projects.
(6) Underground vault space under public sidewalk on buildings constructed prior to 1972 in
the Downtown Improvement Parking District, as defined in Section 13-1 of the Grand Island City
Code, are maintained solely at the sufferance of the City. The City reserves the authority to require
structural upgrades or removal if in the interest of public safety.
Amended by Ordinance No. 9372, effective 04/03/2012
Amended by Ordinance No. 9391, effective 08/14/2012
Such denial was based on City staff review and non-compliance with Code Section 20-
11; Obstructing Public Right-of-Way. Staff review concluded by allowing the fence to
remain in the public right-of-way the sight distance is obstructed for motor vehicular
traffic.
Grand Island Council Session - 11/28/2017 Page 141 / 153
Discussion
On August 7, 2017, Public Works Administration received an email from Rachel Dieken
requesting an appeal to the license agreement denial and such be placed on the City
Council agenda.
Public Works staff recommended denial of the license agreement appeal to City Council
at their August 22, 2017 meeting. Rachel Dieken spoke in support of the fence remaining
in the public right-of-way, and after City Council discussion a motion was made by
Haase, with a second by Nickerson to defer the issue to the Public Works Department.
Upon roll call motion passed 9-1 and was adopted.
On August 24, 2017 Public Works staff made contact with Ms. Dieken to work out an
agreeable solution to either lower the fence in public right-of-way to 30” or less or move
the fence to her private property, both of which will eliminate the sight obstruction for
her neighbor when backing out of his driveway.
On August 31, 2017 Ms. Dieken made a request to move the full height fence back 32 or
34 inches. This distance is not sufficient to move the fence from the public right-of-way;
therefore Ms. Dieken was informed the portion remaining in the public right-of-way must
be no higher than 30 inches.
As of September 22, 2017 Rachel had not responded to staff, nor made the necessary
modifications to the fence within the public right-of-way.
Staff reached out to Ms. Dieken again on October 4, 2017, with no response or action.
To date no action has been taken by Ms. Dieken to either lower the fence in public right-
of-way to 30” or less or move the fence to her private property. Notice of this item being
presented to City Council on November 28, 2017 was sent certified mail to Ms. Dieken.
At this time Public Works staff recommends denial of the fence in the public right-of-
way, with direction from City Council to remove such.
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 - 11/28/2017 Page 142 / 153
Recommendation
City Administration recommends that the Council deny the request as the encroachment
causes sight obstructions for motor vehicular traffic and direct Public Works staff to
remove the fence located within the public right-of-way.
Sample Motion
Move to deny the request and direct Public Works staff to remove the fence located
within the public right-of-way.
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2320 W 6th Street Fence in ROW
Grand Island Council Session - 11/28/2017 Page 150 / 153
Grand Island Council Session - 11/28/2017 Page 151 / 153
Approved as to Form ¤ ___________
November 22, 2017 ¤ City Attorney
R E S O L U T I O N 2017-339
WHEREAS, the City has the authority under Section 20-11 of the City Code to
direct the removal of obstructions from the public right-of-way; and
WHEREAS, fencing is in the public right-of-way on the west side of 2320 West
6th Street, legally described as Lots 103 & 104, Belmont Addition, City of Grand Island, Hall
County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner to
remove the fence from the public right-of-way within 15 days at 2320 West 6th Street (Lots 103
& 104, Belmont Addition, City of Grand Island, Hall County, Nebraska). If the property owner
fails to remove such fence from the public right-of-way within the 15 day timeframe, the City
will cause the work to be done and assess the cost against the property.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2017.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/28/2017 Page 152 / 153
City of Grand Island
Tuesday, November 28, 2017
Council Session
Item J-1
Approving Payment of Claims for the Period of November 15, 2017
through November 28, 2017
The Claims for the period of November 15, 2017 through November 28, 2017 for a total amount of
$6,762,135.03. A MOTION is in order.
Staff Contact: Renae Jimenez
Grand Island Council Session - 11/28/2017 Page 153 / 153