04-23-2019 City Council Regular Meeting Packet
City of Grand Island
Tuesday, April 23, 2019
Council Session Agenda
City Council:
Jason Conley
Michelle Fitzke
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Clay Schutz
Mark Stelk
Mayor:
Roger G. Steele
City Administrator:
Brent Clark
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street, Grand Island, NE 68801
Grand Island Council Session - 4/23/2019 Page 1 / 270
City of Grand Island Tuesday, April 23, 2019
Call to Order
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open
Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room
as required by state law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
Invocation - Pastor Scott Jones, Third City Christian Church, 4100 West 13th
Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 4/23/2019 Page 2 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item E-1
Public Hearing on Request from Spirit in the Sky, LLC dba 40
North Tap & Grille, 520 West 3rd Street for a Class “IK” Liquor
License
Council action will take place under Consent Agenda item G-3.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/23/2019 Page 3 / 270
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 23, 2019
Subject:Public Hearing on Request from Spirit in the Sky, LLC
dba 40 North Tap & Grille, 520 West 3rd Street for a
Class “IK” Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Spirit in the Sky, LLC dba 40 North Tap & Grille, 420 West 3rd Street has submitted an
application for a Class “IK” Liquor License. A Class “I” Liquor License allows for the
sale of alcohol on sale only inside the corporate limits of the city. The Class “K” allows
for catering one day events. This request would allow 40 North Tap & Grille to deliver,
sell or dispense alcoholic liquors, including beer, for consumption at a location
designated on a Special Designated Liquor License (SDL).
Grand Island Council Session - 4/23/2019 Page 4 / 270
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. See attached Police Department report.
Also submitted was a request for Liquor Manager Designation for Joseph Vavricek, 2729
Brentwood Blvd. Mr. Vavricek has completed a state approved alcohol server/seller
training program. Staff recommends approval of the liquor license contingent upon final
inspections and liquor manager designation for Joseph Vavricek.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Spirit in the Sky, LLC dba 40 North Tap & Grille,
520 West 3rd Street for a Class “IK” Liquor License contingent upon final inspections and
Liquor Manager Designation for Joseph Vavricek, 2729 Brentwood Blvd.
Grand Island Council Session - 4/23/2019 Page 5 / 270
Grand Island Council Session - 4/23/2019 Page 6 / 270
Grand Island Council Session - 4/23/2019 Page 7 / 270
Grand Island Council Session - 4/23/2019 Page 8 / 270
Liquor License Application: Class “IK”: 40 North Tap & Grille
^_1ST ST W 2N D ST W 3RD ST W
4TH ST W5TH ST W
E
D
D
Y S
T N
KO EN IG ST W 6TH ST W
PIN
E S
T N
E
L
M
S
T SWA
L
N
U
T S
T N
E
L
M
S
T N
DIVISIO N ST W
CHARLES ST W7TH ST W
E
D
D
Y S
T S
C
E
D
A
R S
T S
LOCUST ST SLO UISE ST W
PINE ST SC
E
D
A
R S
T N
C
L
E
B
U
R
N S
T S
C
L
A
R
K S
T SNORTH FRONT ST W 4TH ST EWA
L
N
U
T S
T S
S
Y
C
A
M
O
R
E S
T N
LIN
C
O
L
N A
V
E N
C
L
A
R
K S
T N
JOHN ST W8TH ST W
LIN
C
O
L
N
A
V
E S
C
L
E
B
U
R
N S
T NSOUTH FRO NT ST W WH
E
E
L
E
R A
V
E N
L
O
C
U
S
T S
T N
3RD ST EWA
S
H
IN
G
T
O
N S
T S WH
E
E
L
E
R A
V
E S
G
R
E
E
N
W
IC
H S
T N
KI
M
B
A
L
L A
V
E N
2ND ST EWA
S
HIN
G
T
O
N S
T N2ND ST W WA
L
N
U
T S
T S PINE ST SC
L
E
B
U
R
N S
T N
E
L
M
S
T N
L
O
C
U
S
T S
T N
G
R
E
E
N
WIC
H S
T N
C
E
D
A
R S
T NSOUT H FRO NT ST W
C
L
A
R
K S
T N
C
L
E
B
U
R
N S
T N
WH
E
E
L
E
R A
V
E
N
G
R
EE
N
WIC
H ST N
Ê
520 3RD ST W
Legend
^_520 3RD ST W
!Licensed Locations
Roads Scale: NONEFor Illustration Purposes
Grand Island Council Session - 4/23/2019 Page 9 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item E-2
Public Hearing on Request to Rezone Property located South of
Wildwood Drive and East of US Highway 281 from TA –
Transitional Agriculture to B2 – General Business (GIAEDC
Station 31, LLC)
Council action will take place under Ordinances item F-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 10 / 270
Council Agenda Memo
From:Regional Planning Commission
Meeting:April 23, 2019
Subject:Rezone 19 Acres of Land South of Wildwood Drive and
East of U.S. Highway 281 from TA Transitional
Agriculture to B2 General Business
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Station 31 LLC has purchased Lewis Greenscape, the house to the west of the green
house and all of the property in the northwest quarter of the northwest quarter of that
section except the road right of way and Graham Tire with the hopes of redeveloping this
property and extending commercial development closer to Interstate 80. They are
requesting that Council extend the B2 General Business Zoning District across the
remainder of the 40 acres. More than half of this property is already zoned B2.
Discussion
Station 31 LLC has submitted a plat that combines the Lewis Greenscape property with
the house and the farm ground into a single lot for development.
At the regular meeting of the Regional Planning Commission, held April 3, 2019 the
above item was considered following a public hearing.
O’Neill opened the public hearing.
Nabity explained the property in question was purchased by the Grand Island
Area Economic Development Corporation and Chief Industries for
redevelopment. The property is a farm field that is located behind Graham Tire
and Lewis Greenscape. The property is shown in the future land use map as
manufacturing but has been commercial for many years. Nabity also explained the
property is not in the city limits; Lewis Greenscape is in the city limits. A request
to annex the rest of the property will be going to council at the end of the month.
It will be a voluntary annexation.
O’Neill closed the public hearing.
Grand Island Council Session - 4/23/2019 Page 11 / 270
A motion was made by Hedricksen and second by Ruge to rezone a portion of the
NW1/4 of the NW1/4 of 8-10-9 from TA Transitional Agriculture District to B2
General Business.
The motion carried with ten members in favor (O’Neill Ruge, Nelson, Monter,
Maurer, Robb, Rubio, Rainforth, Hedricksen and Randone) no members voting
no.
The memo sent to the planning commission with staff recommendation is attached for
review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance as presented.
Grand Island Council Session - 4/23/2019 Page 12 / 270
Grand Island Council Session - 4/23/2019 Page 13 / 270
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
March 26, 2019
SUBJECT:Zoning Change (C-18-2019GI)
PROPOSAL:This application is requesting a rezoning of approximately 19 acres of land south
of Wildwood Drive and east of U.S. Highway 281. This is the vacant property located
immediately east of a property zoned B-2 General Business on the corner of U.S. Highway 281
and Wildwood Drive. The property is located within the two-mile extra-territorial zoning
jurisdiction of the City of Grand Island and a request has been made by the owners to consider
it for annexation.
OVERVIEW:
Site Analysis
Current zoning designation:TA: Transitional Agriculture Zone
Intent of zoning district TA: The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
both farm and non-farm dwellings as well as other open
space and recreational activities. The intent of the zoning
district also would allow the limited raising livestock within
certain density requirements.
Permitted and conditional uses:TA: Agricultural uses, recreational uses and residential
uses at a density at a density of 1 unit per 20 acres.
Limited animal agriculture
Existing land uses.Undeveloped property
Proposed Zoning Designation B-2 General Business Zone
Intent of zoning district: B-2: The intent of this zoning district is to provide for the
service, retail and wholesale needs of the general
community. This zoning district will contain uses that have
users and traffic from all areas of the community and trade
areas, and therefore will have close proximity to the major
traffic corridors of the City. Residential uses are permitted
at the density of the (R-4) High Density Residential Zoning
District.
Permitted and conditional uses: B2: Residential uses at a density of up to 43 units per acre,
a variety of commercial, retail, office and service uses.
Grand Island Council Session - 4/23/2019 Page 14 / 270
Adjacent Properties Analysis
Current zoning designations:North: ME- Industrial Estates Zone & B-2 General
Business Zone,
South: TA-Transitional Agriculture Zone,
East: B-2 General Business Zone & TA-Transitional
Agriculture Zone,
West: B-2 General Business Zone
Intent of zoning district:B-2: The intent of this zoning district is to provide for the
service, retail and wholesale needs of the general
community. This zoning district will contain uses that have
users and traffic from all areas of the community and trade
areas, and therefore will have close proximity to the major
traffic corridors of the City. Residential uses are permitted
at the density of the (R-4) High Density Residential Zoning
District.
ME: The intent of this zoning district is to provide for a
variety of manufacturing, truck, trailer, and truck/trailer
parts retailing, truck, trailer, and truck/trailer parts
wholesaling, warehousing, administrative and research
uses within an area of comparatively high visibility and
having quality standards to promote an industrial park
atmosphere.
TA: The intent of this zoning district is to provide for a
transition from rural to urban uses, and is generally located
on the fringe of the urban area. This zoning district permits
both farm and non-farm dwellings as well as other open
space and recreational activities. The intent of the zoning
district also would allow the limited raising livestock within
certain density requirements.
Permitted and conditional uses:B2: Residential uses at a density of up to 43 units per
acre, a variety of commercial, retail, office and service
uses.
ME: Industrial Manufacturing, Administrative offices, Trade
schools, Gravel, sand or dirt removal, stockpiling,
processing or distribution and batching plant, Bus
Garaging and Equipment Maintenance.
TA: Agricultural uses, recreational uses and residential
uses at a density at a density of 1 unit per 20 acres.
Limited animal agriculture
Existing land uses:North: Industrial
South and East: Vacant
West: Vacant/Graham Tire
Grand Island Council Session - 4/23/2019 Page 15 / 270
EVALUATION:
Positive Implications:
Largely Consistent with the City of Grand Island’s current and historic zoning regulations.
Accessible to Existing Municipal Infrastructure: City water and sewer services have been
extended to serve the rezoning area.
Would provide additional commercial space along the 281 Corridor. One of the long term
goals for the City is to expand toward I-80.
Monetary Benefit to Applicant: Would allow the applicant to develop the property for
commercial uses.
Negative Implications:
None foreseen:
Other Considerations
The majority of this property is planned for manufacturing uses on the Future Land Use Map for
the City of Grand Island though it has been used for general business and agricultural uses and
.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City Council
change the zoning on this site from TA Transitional Agriculture Zone to B2 General
Business Zone.
___________________ Chad Nabity, AICP
Grand Island Council Session - 4/23/2019 Page 16 / 270
Grand Island Council Session - 4/23/2019 Page 17 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item E-3
Public Hearing on Request to Rezone Property located North of
the Wood River between Ponderosa Drive and US Highway 281
from RD – Residential Development to RO – Residential Office
(Prataria Ventures, LLC)
Council action will take place under Ordinances item F-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 18 / 270
Council Agenda Memo
From:Regional Planning Commission
Meeting:April 23, 2019
Subject:Rezone 1.4 Acres of Land between U.S. Highway 281
and Ponderosa Drive North of the Wood River
(Ponderosa Estates Fourth Subdivision Outlot C1) from
RD Residential Development Zone to RO Residential
Office
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
Prataria Ventures, LLC has purchased Outlot C1 of Ponderosa Estates Fourth Subdivision
from the Ponderosa Estates Lake Association and is the owner of the property
immediately to the north of this property. They are requesting that this Outlot be rezoned
from RD Residential Development Zone, the same zoning district as Ponderosa Estates,
to RO Residential Office Zone, the same zoning district as the property immediately
north of Outlot C1. Prataria Ventures has also submitted a final plat for this property that
would incorporate Outlot C1 into a single lot with the other Prataria property.
Discussion
At the regular meeting of the Regional Planning Commission, held April 3, 2019 the
above item was considered following a public hearing.
O’Neill opened the public hearing.
Nabity mentioned 1.4 acre lot was part of the Ponderosa Subdivision. It was
owned by the same people and largely covered by an easement from the NRD for
flood control. It has been acquired by the Chief Industries that currently own the
property to the north and would like to develop the property consistent with the
easement. Mona Sood, 224 Ponderosa; mentioned she lives across from there.
Mona stated there is not enough room. With the floods Schimmer had water on
both sides. She would like to know what going to go in there. She would like to
know if it’s going to be a parking lot or garbage bins. Chad stated there are
limitations on what they can do based on the easements. Don Mehring; 102
Ponderosa Dr; stated he serves on the board for the Home Owners Association for
Ponderosa. He said when they sold the ground to Chief Industries they said it was
Grand Island Council Session - 4/23/2019 Page 19 / 270
going to be a detention cell. Lori Harkinson; 302 Ponderosa; stated her concern is
why are they interested in that piece of land. Lori also asked if the residents of
Ponderosa can change anything that Chief Industries decides to do. Chairman
O’Neill explained that the board cannot change anything they do as long as it fits
under the zoning guidelines. Aaron Krahft; 208 Ponderosa, asked if there was a
way to delay the approval. Chairman O’Neill explained the vote for tonight was
for land use and the actual decision would be made at the City Council Meeting
on April 23, 2019. Nancy Ruben, 212 Ponderosa Dr; wanted to know what height
restrictions are there for the buildings. Nabity said the height restrictions are 165
feet in the RO Residential Office Zone. Chairman O’Neill explained this
particular property is still subject to codes, and covenants and restrictions of
Ponderosa. Nancy Ruben also asked if the neighborhood would be notified when
development starts. Chairman O’Neill stated the only one they have control over
is the property that is being discussed. Aaron Krahft, 208 Ponderosa Dr; wanted
to clarify that the covenants only applied to the one parcel only.
O’Neill closed the public hearing.
A motion was made by Robb and second by Rainforth to approve Ponderosa Lake
Estates Fourth Subdivision Outlot C1 from RD Residential Development Zone to
RO Residential Office Zone.
The motion carried with ten members in favor (O’Neill, Ruge, Nelson, Monter,
Maurer, Robb, Rubio, Rainforth, Hedricksen and Randone) no members voting
no.
The memo sent to the planning commission with staff recommendation is
attached for review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance as presented.
Grand Island Council Session - 4/23/2019 Page 20 / 270
Grand Island Council Session - 4/23/2019 Page 21 / 270
Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 26, 2019
SUBJECT:Zoning Change (C-17-2019GI)
PROPOSAL: To rezone approximately 1.4 acres of land north of Schimmer Drive and
the Wood River and west of US highway 281 from RD Residential Development Zone to
RO Residential Office, in the City of Grand Island. The purpose of this rezoning request
is to make the zoning consistent across the southern portion of the proposed Ponderosa
Village 2nd Subdivision.
OVERVIEW:
Site Analysis
Current zoning designation:RD- Residential Development Zone
Intent of zoning district:RD: The intent of this zoning district is to permit a
more flexible regulation of land use, and so as to
more fully implement comprehensive planning for
large parcels of land proposed predominantly for
residential use. No uses were shown on the
approved development plan.
Permitted uses and uses:Uses as listed under permitted principal uses of the
(TA) Transitional Agricultural Zone, (R-1) Suburban
Residential Zone, (R-2) Low Density Residential
Zone, (R-3) Medium Density Residential Zone, and
(R-4) High Density Residential Zone except as
listed under specifically excluded uses.
Development Zone lots must meet the minimum
size of 1.5 acres. Towers, Nursing, Convalescent &
rest home services, Residential assisted living,
Retirement or assisted living and Restaurants and
cafes, with or without drive-in facilities.
Existing land uses.Vacant property
Proposed Zoning Designation RO- Residential Office
Intent of zoning district:RO: The intent of this zoning district is to provide
the highest density of residential uses as well as for
various office, personal services and professional
uses. This zoning district is also used as a
transitional zone between lower density residential
zones and business or manufacturing zones.
Grand Island Council Session - 4/23/2019 Page 22 / 270
Permitted and conditional uses:RO: Residential uses with no limit on the density
except available parking spaces, office uses,
personal services, assisted living facilities, day
cares, and prescription related retail.
Comprehensive Plan Designation:North, West and South: Designated for Low to
Medium Density Residential
East: Designated for Parks and Recreation &
Manufacturing
Existing land uses:North: Vacant Property
South: Vacant Property
West: Single family residential
East: Stuhr Museum
Adjacent Properties Analysis
Current zoning designations:North: RO- Residential Office Business Zone
South: RD- Residential Development Zone
East: B-1 Light Business Zone
West: RD- Residential Development Zone
Intent of zoning district:B-1: To provide for neighborhood shopping and
service facilities this will serve the needs of the
surrounding residential area. Residential uses are
permitted at the density of the (R-4) High Density
Residential Zoning District.
RD: The intent of this zoning district is to permit a
more flexible regulation of land use, and so as to
more fully implement comprehensive planning for
large parcels of land proposed predominantly for
residential use.
RO: The intent of this zoning district is to provide
the highest density of residential uses as well as for
various office, personal services and professional
uses. This zoning district is also used as a
transitional zone between lower density residential
zones and business or manufacturing zones.
Permitted and conditional uses:B-1: Residential uses, recreational uses, boarding
and lodging houses, educational uses (museums)
and towers.
RD: Uses as listed under permitted principal uses
of the (TA) Transitional Agricultural Zone, (R-1)
Suburban Residential Zone, (R-2) Low Density
Residential Zone, (R-3) Medium Density
Residential Zone, and (R-4) High Density
Residential Zone except as listed under specifically
excluded uses. Development Zone lots must meet
Grand Island Council Session - 4/23/2019 Page 23 / 270
the minimum size of 1.5 acres. Towers, Nursing,
Convalescent & rest home services, Residential
assisted living, Retirement or assisted living and
Restaurants and cafes, with or without drive-in
facilities.
RO: Residential uses with no limit on the density
except available parking spaces, office uses,
personal services, assisted living facilities, day
cares, and prescription related retail.
EVALUATION:
Positive Implications:
Largely Consistent with the City of Grand Island’s current and historic zoning
regulations.
Accessible to Existing Municipal Infrastructure: City water and sewer services have
been extended to serve the rezoning area.
Would provide additional commercial and office space; this would provide for more
modernized commercial/ office spaces to the City of Grand Island.
Enhances the buffer between the single family homes and a major highway to the
east of the property where US Highway 281 is located.
Monetary Benefit to Applicant: Would allow the applicant to develop the property as
extension or compliment to the new medical development to the north.
Allow for development of an inaccessible piece of property: As currently zoned and
platted this property does not have access to a public road. The open space uses
currently permitted under the development plan would not require such access but
this change will allow it to be developed with the adjacent property that does have
access.
Negative Implications:
None foreseen:
Other Considerations
The majority of this property is already intended for low to medium density residential to
office uses as shown below on the Future Land Use Map for the City of Grand Island but
is adjacent to a major highway and the zoning of the property to the north has
anticipated residential office development for more than 25 years.
Grand Island Council Session - 4/23/2019 Page 24 / 270
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from RD Residential Development Zone to
RO Residential Office Zone.
___________________ Chad Nabity, AICP
Grand Island Council Session - 4/23/2019 Page 25 / 270
Grand Island Council Session - 4/23/2019 Page 26 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item E-4
Public Hearing on Amendment to the Redevelopment Plan for
CRA No. 1 located at 221-223 West Third Street – Greenburgers
Building (Wald Properties, LLC)
Council action will take place under Resolutions item I-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 27 / 270
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:April 23, 2019
Subject:Site Specific 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.
Wald 12 Properties LLC has submitted an application for tax increment financing to aid
in the redevelopment of property on the 221-223 W 3rd Street the Greenburgers Building.
The proposal would redevelop commercial space in the basement, main floor and rooftop
with five one bedroom apartments on the second floor. Staff has prepared a
redevelopment plan for this property consistent with the TIF application.
The CRA reviewed the proposed development plan on March 20, 2019 and forwarded it
to the Hall County Regional Planning Commission for recommendation at their meeting
on April 3, 2019. 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 April 3, 2019. The Planning Commission approved
Resolution 2019-08 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 307 forwarding the redevelopment plan
along with the recommendation of the planning commission to the City Council for
consideration.
Grand Island Council Session - 4/23/2019 Page 28 / 270
Discussion
Tonight, Council will hold a public hearing to take testimony on the proposed plan
(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 and to find that this project would not be financially feasible at this location
without the use of TIF. The redevelopment plan amendment specifies that the TIF will be
used to offset allowed costs for redevelopment for improvements to and rehabilitation of
this building for commercial and residential purposes The cost benefit analysis included
in the plan finds that this project meets the statutory requirements for an eligible TIF
project and that it will not negatively impact existing services within the community or
shift additional costs onto the current residents of Grand Island and the impacted school
districts. The bond for this project will be issued for a period of 15 years. The proposed
bond for this project will be issued for the amount of $530,004.
The developer has indicated that, if the project moves forward, it is anticipated that it will
be financed at 5.75% fixed for 5 years. The loan would consist of a construction loan,
converted (after completion) to a 60 month note. This interest rate is anticipated to be
fixed for 5 years. It is further anticipated that payments on the loan will be amortized
over 20 years and with a balloon payment at the end of the 5 years.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
Grand Island Council Session - 4/23/2019 Page 29 / 270
Redevelopment Plan Amendment
Grand Island CRA Area 1
March 2019
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 A PORTION OF THE GREENBURGERS BUILDING
LOCATED AT 221-223 W. 3RD STREET FOR COMMERCIAL AND RESIDENTIAL
USES, INCLUDING ACQUISTION, 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 entire Greenburgers building located at 221-223 W. 3rd street for
5,588 square foot of space on each floor including the basement and roof. This project
would not be feasible without the use of TIF.
Wald 12 Properties LLC is the purchasing this building. They are purchasing the property
for $165,000. The purchase price is included as an eligible TIF activity. The building is
currently being vacated by the previous occupant. 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, 2020 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”)
The second floor and necessary first floor exits and entrances at 411 W. 3rd Street in
Grand Island Nebraska. The actual legal will be provided with the master deed for the
condominium.
Legal Descriptions: The west 2/3 of Lot Four (4) in Block Sixty-Five (65) in the
Original Town, now City of Grand Island, Hall County, Nebraska.
Grand Island Council Session - 4/23/2019 Page 30 / 270
Existing
Land Use and Subject Property
Grand Island Council Session - 4/23/2019 Page 31 / 270
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
portion of the 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
Grand Island Council Session - 4/23/2019 Page 32 / 270
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 April 3, 2019 and passed
Resolution 2019-08 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. The developer has acquired the property
and will be including acquisition as an eligible activity. 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. Demotion of internal structures to accommodate
the redevelopment is anticipated and permitted.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area
around the site in private ownership is planned for Downtown Commercial development;
this includes housing and commercial uses within the same structure. This property is in
private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site
plan of the area after redevelopment. [§18-2111(5)]
Grand Island Council Session - 4/23/2019 Page 33 / 270
City of Grand Island Future Land Use Map
Grand Island Council Session - 4/23/2019 Page 34 / 270
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. .
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 is vacant and
has not been used for any residential purposes. [§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 purchased the property through for $165,000. The estimated costs of
rehabilitation of this property is $1,704,929, planning related expenses for Architectural
and Engineering services of $85,246 and are included as a TIF eligible expense. Legal,
Developer and Audit Fees of $5,600 for reimbursement to the City and the CRA for costs
to prepare the contract and monitor the project over the course of the development are
Grand Island Council Session - 4/23/2019 Page 35 / 270
included in the eligible expenses. . The total of eligible expenses for this project exceeds
$1,950,000.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting the sum of $530,004 from the proceeds of the TIF. 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, 2021 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
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 and refurbish street level commercial
space that has been underutilized for several years as well as encouraging new roof top
development that will add to the ambiance of Railside.
Grand Island Council Session - 4/23/2019 Page 36 / 270
8. Time Frame for Development
Development of this project is anticipated to be completed between February 2019 and
December of 2019. 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 new residential units 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 primary use of the street level space
for commercial development is consistent with the long term development plans for
Downtown. The addition of rooftop space will further enhance the Railside experience.
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 $530,004 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. The Authority has also been asked to provide a life
safety grant of $75,000 the amount approved was reduced to $50,000 due to budget
constraints. This investment by the Authority will leverage $1,599,534 in private sector
financing; a private investment of $2.74 for every TIF or grant dollar invested.
Use of Funds Source of Funds.
Description TIF Funds Other Grants Private Funds Total
Site Acquisition $165,000 _ $165,000
Legal and Plan* $5,600 $5,600
Engineering/Arch $85,246 $85,246
Other* $87,517 $87,517
Renovation $274,158 $1,430,771 $1,704,929
Life Safety $50,000 $50,000
Façade $0
Contingency $85,246 $85,246
TOTALS $530,004 $50,000 $1,603,534 $2,183,538
Grand Island Council Session - 4/23/2019 Page 37 / 270
*Other includes soft costs for private legals services, consulting on the TIF and
construction, environmental review accounting, interest, financing fees, appraisal, title
and hazard insurance and marketing.
Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2019,
valuation of approximately $100,943. Based on the 2017 levy this would result in a real
property tax of approximately $2,274. It is anticipated that the assessed value will
increase by $1,568,647 upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $35,344 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 2019 assessed value: $ 100,943
Estimated value after completion $ 1,669,590
Increment value $ 1,568,647
Annual TIF generated (estimated) $ 35,334
TIF bond issue $ 530,004
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $100,943
The proposed redevelopment will create additional valuation of $1,669,590. 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 and commercial space options in the downtown
area consistent with the planned development in Downtown Grand Island.
Grand Island Council Session - 4/23/2019 Page 38 / 270
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
This project will not have a negative impact on other employers in any manner
different from any other expanding business within the Grand Island area. This will
provide housing options for employees of Downtown businesses that wish to live
Downtown and will refurbish Downtown commercial space.
(e) Impacts on student populations of school districts within the City or Village:
This development will have a minimal impact on the Grand Island School
system as it will likely not result in any increased attendance. The unit to be
developed with this project is a one bedroom unit and unlikely to be a family unit,
especially for families with school age children.
The average number of persons per household in Grand Island for 2012 to 2016
according the American Community Survey is 2.65. Each additional household in a one
bedroom unit would likely house a maximum of two people. According to the 2010
census 19.2% of the population of Grand Island was between the ages of 5 and 18. If the
averages hold it would be expected that there would be two school age children generated
by this development thought that is mitigated by the fact that these are 1 bedroom units..
According to the National Center for Educational Statistics1 the 2015-16 enrollment for
GIPS was 9,698 students and the cost per student in 2013-14 was $12,343 of that $5,546
is generated locally. It is unlikely that there will be any school age children associated
with this project.
(f) 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 April of 2019
and December of 2019. The base tax year should be calculated on the value of the
property as of January 1, 2019. Excess valuation should be available for this project for
15 years beginning in 2020 with taxes due in 2021. 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 $530.004 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 $1,950,000 on TIF eligible activities in excess of other grants given.
1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016
Grand Island Council Session - 4/23/2019 Page 39 / 270
BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name: Wald 12 Properties LLC
Address: 221-223 West 3rd st, Grand Island Ne 68801, Parcel 400005492
Telephone No.: 308-382-8622
Fax No.:
Contact: Tom Wald
Brief Description of Applicant’s Business:
Wald 12 Properties is a real estate development company.
Present Ownership Proposed Project Site: Wald 12 Properties LLC
Proposed Project: Building square footage, size of property, description of buildings – materials, etc.
Please attach site plan, if available.
5,588 s.f. basement, 5,588 s.f. main floor 5,588 s.f. second floor & 5,588 s.f. roof, wood framed/
brick two story mixed use building, known as the Greenburger building.
If Property is to be Subdivided, Show Division Planned:
Grand Island Council Session - 4/23/2019 Page 40 / 270
VI. Estimated Project Costs:
Acquisition Costs:
A. Land $ 0
B. Building $ 165,000
Construction Costs:
A. Renovation or Building Costs: $1,704,929
B. On-Site Improvements: $
re-platting, demo, asbestos removal, tree removal, etc.
Soft Costs:
A. Architectural & Engineering Fees: $85,246
B. Financing Fees: $
Closing costs, filing fees
C. Legal/Developer/Audit Fees: $
D. Contingency Reserves: $ 85,246
E. Other (Please Specify) $87,517
See attached
TOTAL $2,127,939
Total Estimated Market Value at Completion: $ 1,930,101
Source of Financing:
A. Developer Equity: $ 165,000
B. Commercial Bank Loan: $ 1,533,366
Tax Credits:
1. N.I.F.A. $ 0
2. Historic Tax Credits $ 0
D. Industrial Revenue Bonds: $ 0
E. Tax Increment Assistance: $ 354,573
F. Other
Life Safety Grant $75,000
Grand Island Council Session - 4/23/2019 Page 41 / 270
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
General Contractor: Amos Anson, FAmos Construction Inc, PO Box 1665 Grand Island, NE 68802 308-390-2455
Structural Engineer: Mike Spilinek, Olsson Associates 201 E. Second Street Grand Island, NE 68801 308-384-8750
Architect: Toby Gay, Gay and Associates, 1470 31st ave. Columbus Ne 68601
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
See attached
Project Construction Schedule:
Construction Start Date: Q1 2019
Construction Completion Date: Q4 2019
If Phased Project:
Year 50 % Complete
Year 50% Complete
XII. Please Attach Construction Pro Forma
XIII. Please Attach Annual Income & Expense Pro Forma
(With Appropriate Schedules)
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
Wald 12 Properties is asking for $530,004 in TIF. The purpose for the request is to get a loan against the
TIF bond for construction. This will allow the project to cash flow and therefore be a success.
Grand Island Council Session - 4/23/2019 Page 42 / 270
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed
Project: Without TIF assistance the project will not cash flow enough to justify the massive investment
and therefore will not be a successful business venture. See attached pro forma.
Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other
Corporations the Applicant has been involved with, or has completed developments in, within the
last five (5) years, providing contact person, telephone and fax numbers for each:
NA
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
Grand Island Council Session - 4/23/2019 Page 43 / 270
Grand Island Council Session - 4/23/2019 Page 44 / 270
Grand Island Council Session - 4/23/2019 Page 45 / 270
Grand Island Council Session - 4/23/2019 Page 46 / 270
Grand Island Council Session - 4/23/2019 Page 47 / 270
Grand Island Council Session - 4/23/2019 Page 48 / 270
Grand Island Council Session - 4/23/2019 Page 49 / 270
Grand Island Council Session - 4/23/2019 Page 50 / 270
Grand Island Council Session - 4/23/2019 Page 51 / 270
Grand Island Council Session - 4/23/2019 Page 52 / 270
Grand Island Council Session - 4/23/2019 Page 53 / 270
Grand Island Council Session - 4/23/2019 Page 54 / 270
Grand Island Council Session - 4/23/2019 Page 55 / 270
Grand Island Council Session - 4/23/2019 Page 56 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item E-5
Public Hearing on Request from Stephen & Deborah Spaulding for
an Extension of a Conditional Use Permit to Allow for
Construction of a House while living in the Existing Double-wide
Trailer located at 3204 So. Shady Bend Road
Council action will take place under Requests and Referrals Item H-1.
Staff Contact: Craig Lewis
Grand Island Council Session - 4/23/2019 Page 57 / 270
Council Agenda Memo
From:Craig Lewis, Building Department Director
Meeting:April 23, 2019
Subject:Request of Stephen & Deborah Spaulding for Approval
of a Conditional Use Permit to Allow Additional Time
for the Construction of a New Single Family Dwelling
while Occupying the Existing Dwelling at 3204 S. Shady
Bend Road
Presenter(s):Craig Lewis, Building Department Director
Background
This request is for approval of a conditional use permit to allow additional time for the
construction of a new single family dwelling while continuing to occupy the existing
dwelling on the site.
The property is currently zoned LLR, Large Lot Residential and is approximately 12
acres in size.
City Code provides that only one principal building shall be permitted on one zoning lot.
A Conditional use permit was approved by the City Council on March 28, 2017 with the
time limit of April 15, 2019, as construction has taken more time than originally
anticipated it is requested to extend the time allowed for construction and removal of the
existing dwelling to June 1, 2019.
Discussion
To facilitate this request City Council approval of a temporary use is necessary. Approval
will allow the owners to continue to occupy the existing dwelling during construction of
the new dwelling and allow time to remove or demolish the existing dwelling. The
Building Department issued a building permit for the new dwelling in November of 2018
while allowing the existing dwelling to remain and be utilized during the construction
process. After the new dwelling is completed and a certificate of occupancy issued the
existing dwelling is then required to be removed. The proposed construction is
anticipated to take up to an additional 60 days to complete and then begin the process to
remove the existing dwelling. An expiration date for the new conditional use permit
Grand Island Council Session - 4/23/2019 Page 58 / 270
appears reasonable for August 15, 2019 or within 90 days after a certificate of occupancy
is issued for the new dwelling.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request for the conditional use permit finding that the proposed
application is and will continue to be in conformance with the purpose of the
zoning regulations.
2.Disapprove or Deny the request, finding that the proposed application does
not conform to the purpose of the zoning regulations.
3.Approve the request with additional or revised conditions and a finding of
fact.
4.Refer the matter to a special committee for a determination of a finding of
fact.
5.Table the issue.
Recommendation
Approve the request to extend the temporary use allowing construction to continue on the
new dwelling and the existing dwelling to be utilized and allowing two principal
buildings on the site for the time specified.
Sample Motion
Move to approve the requested extension of time to allow construction to continue for a
new single family dwelling with the existing dwelling to remain until August 15, 2019 or
until 90 days after a certificate of occupancy is issued for the new dwelling, whichever
occurs first.
Grand Island Council Session - 4/23/2019 Page 59 / 270
Grand Island Council Session - 4/23/2019 Page 60 / 270
Grand Island Council Session - 4/23/2019 Page 61 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-1
#9726 - Consideration of Approving Request to Rezone Property
located South of Wildwood Drive and East of US Highway 281
from TA – Transitional Agriculture to B2 – General Business
(GIAEDC Station 31, LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 62 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9726
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a portion of the northwest quarter
(NW 1/4) of the NW (1/4) of Section Eight (8), Township Ten (10) North, Range Nine (9) west
of the 6th P.M. in the jurisdiction of the City of Grand Island, Hall County, Nebraska, from TA
Transitional Agriculture to B2 General Business Zone as more particularly described below;
directing that such zoning change and classification be shown on the Official Zoning Map of the
City of Grand Island; and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on April 3, 2019, held a public
hearing on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on April 23, 2019, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from TA Transitional Agriculture to B2 General Business Zone;
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION EIGHT (8),
TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN
HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Grand Island Council Session - 4/23/2019 Page 63 / 270
ORDINANCE NO. 9726 (Cont.)
- 2 -
COMMENCING AT THE NORTHEAST CORNER OF GREENSCAPE INC.
SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE
S89°31'22"E, ALONG THE NORTH LINE OF THE NW1/4 NW1/4, A DISTANCE OF
414.88 FEET; THENCE S00°36'27"E A DISTANCE OF 539.27 FEET; THENCE
S89°30'08"E A DISTANCE OF 327.21 FEET TO A POINT ON THE EAST LINE OF
SAID NW1/4 NW1/4; THENCE S00°45'39"E, ALONG SAID EAST LINE, A
DISTANCE OF 783.28 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4
NW1/4; THENCE N89°26'24"W, ALONG THE SOUTH LINE OF SAID NW1/4
NW1/4, A DISTANCE OF 740.22 FEET TO A POINT BEING THE EXTENSION OF
THE EAST LINE OF GREENSCAPE INC. SUBDIVISION; THENCE N00°46'49"W,
ALONG SAID EXTENSION OF SAID EAST SUBDIVISION LINE, A DISTANCE OF
947.65 FEET TO THE SOUTHEAST CORNER OF LOT 1, GREENSCAPE INC.
SUBDIVISION; THENCE CONTINUING N00°46'49"W, ALONG SAID EAST
SUBDIVISION LINE, A DISTANCE OF 373.99 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 802,680.61
SQUARE FEET OR 18.427 ACRES MORE OR LESS.
.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 23, 2019
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 64 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-2
#9727 - Consideration of Approving Request to Rezone Property
located North of the Wood River between Ponderosa Drive and US
Highway 281 from RD – Residential Development to RO –
Residential Office (Prataria Ventures, LLC)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 65 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9727
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of Outlot C1 of Ponderosa Lake
Estates Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, from RD
Residential Development Zone to RO Residential Office Zone; directing that such zoning change
and classification be shown on the Official Zoning Map of the City of Grand Island; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on April 3, 2019, held a public
hearing on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on April 23, 2019, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from RD Residential Development Zone to RO Residential Office Zone;
ALL OF OUTLOT C1 PONDEROSA FOURTH SUBDIVISION IN THE CITY OF GRAND
ISLAND, HALL COUNTY NEBRASKA.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
Grand Island Council Session - 4/23/2019 Page 66 / 270
ORDINANCE NO. 9727 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 23, 2019
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 67 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-3
#9728 - Consideration of Approving Annexation of Property
Located East of U.S. Highway 281 and South of Wildwood Drive
(Lewis Greenscape) (First Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 68 / 270
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:April 23, 2019
Subject:An Ordinance to Annex property located east of U.S.
281, south of Wildwood Drive and all joining right-of -
way and/or easements for road or trail purposes (First
Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that: County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
Station 31 LLC, owner of property has petitioned the City of Grand Island to consider
annexation of this property and submitted the attached annexation plat.
This property is adjacent to and contiguous with the municipal limits of the city on the
north and west sides.
Based on the request from Station 31 LLC, the owner of the property, staff has prepared
an ordinance for annexation that would become effective 15 days after passage on third
and final reading. Council will consider this on its first reading on April 23, 2019. Based
on the requirements outlined in §16-117 (7) the City can consider an ordinance for
annexation and pass that ordinance after three readings by Council. Also based on §16-
117 (7) there is no requirement for a public hearing on this annexation. Annexation
ordinances must be passed on three separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session - 4/23/2019 Page 69 / 270
This is the first reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction of with this annexation.
One existing residence and one vacant commercial site would be added to the City as a
result of this annexation. It is anticipated that both will be razed for redevelopment.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on first reading.
Grand Island Council Session - 4/23/2019 Page 70 / 270
Exhibit A
Legal description as follows:
ANNEXATION TRACT DESCRIPTION
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION EIGHT (8),
TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN
HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GREENSCAPE INC.
SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE
S89°31'22"E, ALONG THE NORTH LINE OF THE NW1/4 NW1/4, A DISTANCE OF
414.88 FEET; THENCE S00°36'27"E A DISTANCE OF 539.27 FEET; THENCE
S89°30'08"E A DISTANCE OF 327.21 FEET TO A POINT ON THE EAST LINE OF
SAID NW1/4 NW1/4; THENCE S00°45'39"E, ALONG SAID EAST LINE, A
DISTANCE OF 783.28 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4
NW1/4; THENCE N89°26'24"W, ALONG THE SOUTH LINE OF SAID NW1/4
NW1/4, A DISTANCE OF 1257.59 FEET TO A POINT EAST RIGHT-OF-WAY LINE
OF U.S. HIGHWAY 281; THENCE N00°45'25"W, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 946.78 FEET TO A POINT BEING THE EXTENSION
OF THE SOUTH LINE OF GREENSCAPE INC. SUBDIVISION; THENCE
S89°32'09"E, AND ALONG SAID EXTENSION LINE AND THE SOUTH LINE OF
SAID GREENSCAPE INC. SUBDIVISION, A DISTANCE OF 516.96 FEET TO THE
SOUTHEAST CORNER OF LOT 1, GREENSCAPE INC. SUBDIVISION; THENCE
N00°46'49"W, ALONG SAID EAST SUBDIVISION LINE, A DISTANCE OF 373.99
FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A
CALCULATED AREA OF 1,292,425.84 SQUARE FEET OR 29.670 ACRES MORE
OR LESS.
Grand Island Council Session - 4/23/2019 Page 71 / 270
Grand Island Council Session - 4/23/2019 Page 72 / 270
Grand Island Council Session - 4/23/2019 Page 73 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9728
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property in
Northwest Quarter of the Northwest Quarter of Section 8, Township 10 north, Range 9 west of
the 6th P.M. in Hall County, Nebraska as more particularly described hereinafter and as shown on
the annexation plat Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, the Station 31 LLC as owner of the property petitioned the City of Grand
Island to consider annexation of said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 4/23/2019 Page 74 / 270
ORDINANCE NO. 9728 (Cont.)
- 2 -
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
Grand Island Council Session - 4/23/2019 Page 75 / 270
ORDINANCE NO. 9728 (Cont.)
- 3 -
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 76 / 270
ORDINANCE NO. 9728 (Cont.)
- 4 -
Exhibit A
ANNEXATION TRACT DESCRIPTION
A TRACT OF LAND CONSISTING OF PART OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION EIGHT (8), TOWNSHIP TEN (10)
NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., ALL IN HALL COUNTY,
NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GREENSCAPE INC. SUBDIVISION,
SAID POINT BEING THE POINT OF BEGINNING; THENCE S89°31'22"E, ALONG THE
NORTH LINE OF THE NW1/4 NW1/4, A DISTANCE OF 414.88 FEET; THENCE
S00°36'27"E A DISTANCE OF 539.27 FEET; THENCE S89°30'08"E A DISTANCE OF
327.21 FEET TO A POINT ON THE EAST LINE OF SAID NW1/4 NW1/4; THENCE
S00°45'39"E, ALONG SAID EAST LINE, A DISTANCE OF 783.28 FEET TO THE
SOUTHEAST CORNER OF SAID NW1/4 NW1/4; THENCE N89°26'24"W, ALONG THE
SOUTH LINE OF SAID NW1/4 NW1/4, A DISTANCE OF 1257.59 FEET TO A POINT EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 281; THENCE N00°45'25"W, ALONG SAID
EAST RIGHT-OF-WAY LINE, A DISTANCE OF 946.78 FEET TO A POINT BEING THE
EXTENSION OF THE SOUTH LINE OF GREENSCAPE INC. SUBDIVISION; THENCE
S89°32'09"E, AND ALONG SAID EXTENSION LINE AND THE SOUTH LINE OF SAID
GREENSCAPE INC. SUBDIVISION, A DISTANCE OF 516.96 FEET TO THE SOUTHEAST
CORNER OF LOT 1, GREENSCAPE INC. SUBDIVISION; THENCE N00°46'49"W, ALONG
SAID EAST SUBDIVISION LINE, A DISTANCE OF 373.99 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,292,425.84
SQUARE FEET OR 29.670 ACRES MORE OR LESS.
Grand Island Council Session - 4/23/2019 Page 77 / 270
ORDINANCE NO. 9728 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session - 4/23/2019 Page 78 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-4
#9729 - Consideration of Approving Annexation of Property
Located West of North Road and South of 13th Street (Ray
Stander) (First Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 79 / 270
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:April 23, 2019
Subject:An Ordinance to Annex property described as Lot 2 of
Hanover Second Subdivision located west of North Road
and south of 13th Street and all joining right-of -way
and/or easements for road or trail purposes (First
Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that: County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
Ray Stander, owner of property has petitioned the City of Grand Island to consider
annexation of this property.
This property is adjacent to and contiguous with the municipal limits of the city on the
north, south and west sides.
Based on the request from Ray Stander, the owner of the property, staff has prepared an
ordinance for annexation that would become effective 15 days after passage on third and
final reading. Council will consider this on its first reading on April 23, 2019. Based on
the requirements outlined in §16-117 (7) the City can consider an ordinance for
annexation and pass that ordinance after three readings by Council. Also based on §16-
117 (7) there is no requirement for a public hearing on this annexation. Annexation
ordinances must be passed on three separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session - 4/23/2019 Page 80 / 270
This is the first reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction of with this annexation.
One existing residences would be added to the City as a result of this annexation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on first reading.
Grand Island Council Session - 4/23/2019 Page 81 / 270
Exhibit A
Legal description as follows:
Lot 2 of Hanover Second Subdivision in Hall County, Nebraska.
Grand Island Council Session - 4/23/2019 Page 82 / 270
Exhibit B
Grand Island Council Session - 4/23/2019 Page 83 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9729
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property Lot 2
of Hanover Second Subdivision in Hall County, Nebraska on the annexation plat Exhibit “B”
attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or
parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide
the effective date of this ordinance.
WHEREAS, the Ray Stander as owner of the property petitioned the City of Grand Island
to consider annexation of said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 4/23/2019 Page 84 / 270
ORDINANCE NO. 9729 (Cont.)
- 2 -
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
Grand Island Council Session - 4/23/2019 Page 85 / 270
ORDINANCE NO. 9729 (Cont.)
- 3 -
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 86 / 270
ORDINANCE NO. 9729 (Cont.)
- 4 -
Exhibit A
Lot 2 of Hanover Second Subdivision in Hall County, Nebraska
Grand Island Council Session - 4/23/2019 Page 87 / 270
ORDINANCE NO. 9729 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session - 4/23/2019 Page 88 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-5
#9730 - Consideration of Approving Annexation of Property
Located between U.S. Highway 281 and Old Nebraska Highway 2,
West of Eagle Scout Park (City of Grand Island) (First Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 89 / 270
Council Agenda Memo
From:Chad Nabity, Regional Planning Director
Meeting:April 23, 2019
Subject:An Ordinance to Annex property located south of U.S.
281, north of Old Nebraska Highway 2 and east of Eagle
Scout Park all adjoining right-of -way and/or easements
for road or trail purposes (First Reading)
Presenter(s):Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that: County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
The City of Grand Island, owner of property has petitioned the City of Grand Island to
consider annexation of this property.
This property is adjacent to and contiguous with the municipal limits of the city on the
south and east sides and part of the west side.
Based on the request from the City, staff has prepared an ordinance for annexation that
would become effective 15 days after passage on third and final reading. Council will
consider this on its first reading on April 23, 2019. Based on the requirements outlined in
§16-117 (7) the City can consider an ordinance for annexation and pass that ordinance
after three readings by Council. Also based on §16-117 (7) there is no requirement for a
public hearing on this annexation.. Annexation ordinances must be passed on three
separate readings.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
Grand Island Council Session - 4/23/2019 Page 90 / 270
This is the first reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction of with this annexation.
No existing residences would be added to the City as a result of this annexation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on first reading.
Grand Island Council Session - 4/23/2019 Page 91 / 270
Exhibit A
Legal description as follows:
Beginning at the northeast property corner of Lot 2 Schumman Subdivision and
proceeding in a northerly direction along the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M. to the northeast corner of Lot 1 Lawton Subdivision, thence
in a westerly direction to the northwest corner of Lot 1 Lawton Subdivision the edge of
the Webb Road right of way, thence northerly along the Webb Road right of way to the
Intersection of the Webb Road and Airport Road right of way, thence easterly to the west
line of parcel 400187192 owned by the Nebraska Department of Transportation as right
of way for U.S. Highway 281, thence north to the northwest corner of the Nebraska
Department of Transportation right of way, thence easterly along the north right of way
line to the current municipal limits of the City of Grand Island, thence in a southwesterly
direction to a point at the southeast corner of parcel 400187192 owned by the Nebraska
Department of Transportation as right of way for U.S. Highway 281, thence in a
southerly direction along the municipal limits line of the City of Grand Island to the
northerly right of way line of Old Nebraska Highway 2, thence in a northwesterly
direction along the north right of way line of Old Nebraska Highway 2 to the west line of
Section 5, Township 11 north, Range 9 west of the 6th P.M., thence north along the west
line of Section 5, Township 11 north, Range 9 west of the 6th P.M. to the point of
beginning.
Grand Island Council Session - 4/23/2019 Page 92 / 270
Grand Island Council Session - 4/23/2019 Page 93 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9730
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of property in
Section 5, Township 11 north, Range 9 west of the 6th P.M. and all adjoining right-of-way in
Hall County, Nebraska as more particularly described hereinafter and as shown on the
subdivision plat Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, the Grand Island City Council approved Resolution 2019-135 on April 9,
2019, and as owner of the property petition the City of Grand Island to consider annexation of
said property into the City of Grand Island; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages the annexation of adjacent property when request
by the property owner; and
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 4/23/2019 Page 94 / 270
ORDINANCE NO. 9730 (Cont.)
- 2 -
WHEREAS, on April 23, 2019 the City Council of the City of Grand Island
considered such annexation and approved such annexation on first reading and on May 14, 2019
approved such annexation on second reading and on May 28, 2019 approved such annexation on
third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
Grand Island Council Session - 4/23/2019 Page 95 / 270
ORDINANCE NO. 9730 (Cont.)
- 3 -
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Enacted: May 28, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 96 / 270
ORDINANCE NO. 9730 (Cont.)
- 4 -
Exhibit A
A description of the property owned by the City of Grand Island located in Section 5, Township 11 north
Range 9 west of the 6th P.M. in Hall County Nebraska along with all adjacent road rights-of-way more
particularly described as:
Beginning at the northeast property corner of Lot 2 Schumman Subdivision and proceeding in a
northerly direction along the west line of Section 5, Township 11 north, Range 9 west of the 6th
P.M. to the northeast corner of Lot 1 Lawton Subdivision, thence in a westerly direction to the
northwest corner of Lot 1 Lawton Subdivision the edge of the Webb Road right of way, thence
northerly along the Webb Road right of way to the Intersection of the Webb Road and Airport
Road right of way, thence easterly to the west line of parcel 400187192 owned by the Nebraska
Department of Transportation as right of way for U.S. Highway 281, thence north to the
northwest corner of the Nebraska Department of Transportation right of way, thence easterly
along the north right of way line to the current municipal limits of the City of Grand Island,
thence in a southwesterly direction to a point at the southeast corner of parcel 400187192 owned
by the Nebraska Department of Transportation as right of way for U.S. Highway 281, thence in a
southerly direction along the municipal limits line of the City of Grand Island to the northerly
right of way line of Old Nebraska Highway 2, thence in a northwesterly direction along the north
right of way line of Old Nebraska Highway 2 to the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M., thence north along the west line of Section 5, Township 11 north,
Range 9 west of the 6th P.M. to the point of beginning.
Grand Island Council Session - 4/23/2019 Page 97 / 270
ORDINANCE NO. 9730 (Cont.)
- 5 -
Exhibit B
Grand Island Council Session - 4/23/2019 Page 98 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item F-6
#9731 - Consideration of Vacating a Portion of James Road within
Ponderosa Lake Estates Fourth Subdivision
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/23/2019 Page 99 / 270
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:April 23, 2019
Subject:Consideration of Vacating a Portion of James Road
within Ponderosa Lake Estates Fourth Subdivision
Presenter(s):John Collins PE, Public Works Director
Background
To allow for the continued development of the Grand Island Regional Hospital the City
has received a request to vacate a portion of James Road, which is located within
Ponderosa Lake Estates Fourth Subdivision; south of Rae Road.
Discussion
Construction of the Grand Island Regional Hospital is currently underway with expected
completion Fall 2019. The requested vacation of a portion of James Road will allow for
further development of the hospital site.
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 vacating a portion of James
Road as requested.
Sample Motion
Move to approve the ordinance.
Grand Island Council Session - 4/23/2019 Page 100 / 270
PONDEROSA LAKE ESTATES 4TH SUBDIVISIONGRAND ISLAND, NEBRASKAVACATION OF RIGHT-OF-WAYLOT 3PONDEROSAVILLAGESUBDIVISIONLOT 4PONDEROSAVILLAGESUBDIVISIONOUTLOT APONDEROSA LAKEESTATES 3RD SUBDIVISIONLOT 2PONDEROSAVILLAGESUBDIVISIONLOT 1PONDEROSAVILLAGESUBDIVISIONOUTLOT C5PONDEROSALAKE ESTATESSUBDIVISIONOUTLOT BPONDEROSALAKE ESTATESSUBDIVISIONOUTLOT C4PONDEROSALAKE ESTATESSUBDIVISIONRAE ROADJAMES ROADUS HIGHWAY 281Grand IslandCouncil Session - 4/23/2019Page 101 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
ORDINANCE NO. 9731
An ordinance to vacate existing right of way and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County; 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 existing right-of-way within Ponderosa Lake Estates Fourth
Subdivision, more particularly described as follows:
A TRACT OF LAND CONSISTING OF PART OF JAMES ROAD RIGHT-OF-WAY, PONDEROSA LAKE
ESTATES FOURTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, PONDEROSA LAKE ESTATES SEVENTH
SUBDIVISION AND ALSO BEING ON THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF JAMES ROAD
AND THE WEST R.O.W. LINE OF U.S. HIGHWAY 281, SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE ON AN ASSUMED BEARING OF S86o32’36”W, ALONG SAID NORTH LINE
OF LOT 1 AND THE SOUTH R.O.W. LINE OF JAMES ROAD, A DISTANCE OF 45.03 FEET TO THE
WEST R.O.W. LINE OF JAMES ROAD; THENCE N01o29’20”W, ALONG SAID WEST R.O.W. LINE OF
JAMES ROAD, A DISTANCE OF 263.42 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID
R.O.W. LINE AND AROUND A CURVE IN A COUTNER CLOCKWISE DIRECTION, HAVING A
DELTA ANGLE OF 25o49’35”, HAVING A RADIUS OF 170.00 FEET, AND CHORD BEARING
N14o18’41”W A CHORD DISTANCE OF 75.98 FEET; THENCE N88o31’16”E A DISTANCE OF 53.56
FEET TO A POINT ON THE EAST R.O.W. LINE OF SAID JAMES ROAD AND ALSO BEING A POINT
OF CURVATURE; THENCE ALONG SAID EAST R.O.W. LINE OF JAMES ROAD AND AROUND A
CURVE IN A CLOCKWISE DIRECTION, HAVING A DELTA ANGLE OF 15o29’40”, HAVING A
RADIUS OF 230.00 FEET, AND CHORD BEARING S09o13’48”E A CHORD DISTANCE OF 62.01 FEET;
THENCE S01o28’46”E, ALONG SAID EAST R.O.W. LINE, A DISTANCE OF 274.51 FEET TO THE
POINT OF BEGINNING. SAID TRACT CONTAINS 15400 SQUARE FEET MORE OR LESS.
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
Grand Island Council Session - 4/23/2019 Page 102 / 270
ORDINANCE NO. 9731 (Cont.)
- 2 -
SECTION 2. The title to the property vacated by Section 1 of this Ordinance
shall revert to the abutting properties.
SECTION 3. This ordinance is directed to be filed in the office of the
Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after
its passage and publication, without the plate, within fifteen days in one issue of the
Grand Island Independent as provided by law.
Enacted: April 23, 2019.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 103 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-1
Approving Minutes of April 9, 2019 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/23/2019 Page 104 / 270
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 9, 2019
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 April 9, 2019. Notice of the meeting was given in The Grand Island Independent on
April 3, 2019.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton,
Clay Schutz, Julie Hehnke, Mitch Nickerson, and Chuck Haase. Councilmember Michelle Fitzke
was absent. The following City Officials were present: City Administrator Brent Clark, City
Clerk RaNae Edwards, Finance Director Patrick Brown, City Attorney Jerry Janulewicz, and
Public Works Director John Collins.
INVOCATION was given by Father Jim Golka, St. Mary’s Cathedral, 204 South Cedar Street
followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for
a Change of Location for Class “I-108549” Liquor License to 316 East 2nd Street. City Clerk
RaNae Edwards reported that an application for a change of address to Class “I-108549” Liquor
License had been received from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street to
316 East 2nd Street. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on March 26, 2019; notice
to the general public of date, time, and place of hearing published on March 30, 2019; notice to
the applicant of date, time, and place of hearing mailed on March 26, 2019; along with Chapter 4
of the City Code. Staff recommended approval contingent upon final inspections. Tom Wagoner,
Attorney for the applicant spoke in support. No further public testimony was heard.
Public Hearing on Request from Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E. Bismark
Road for a Change of Location for Class “C-111559” Liquor License to 1600 South Locust
Street. City Clerk RaNae Edwards reported that an application for a change of address to Class
“C-111559” Liquor License had been received from Jarhead, Inc. dba Texas T-Bone Steakhouse,
1027 E. Bismark Road to 1600 South Locust Street. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on March 22, 2019; notice to the general public of date, time, and place of hearing
published on March 30, 2019; notice to the applicant of date, time, and place of hearing mailed
on March 26, 2019; along with Chapter 4 of the City Code. Staff recommended approval
contingent upon final inspections. No public testimony was heard.
Public Hearing on Request from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb Road for
a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application Class “C”
Grand Island Council Session - 4/23/2019 Page 105 / 270
Page 2, City Council Regular Meeting, April 9, 2019
Liquor License had been received from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb
Road. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on March 22, 2019; notice to the general
public of date, time, and place of hearing published on March 30, 2019; notice to the applicant of
date, time, and place of hearing mailed on March 26, 2019; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon final inspections and completion of an
alcohol server/seller training program. No public testimony was heard.
Public Hearing on Amendment to the Redevelopment Plan for CRA No. 1 located at 304 West
Third Street (Amur Real Estate 1). Regional Planning Director Chad Nabity reported that Amur
Real Estate I had submitted an application for tax increment financing to aid in the
redevelopment of property on 304-306 West 3rd Street at the Wells Fargo Building. The proposal
would redevelop commercial space throughout the building, including the removal of asbestos
and update the facade. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 1405 W. Koenig (Bosselman Properties,
Inc.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at
1405 W. Koenig was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including power lines and transformers. This easement would allow the
Utilities Department to install, access, operate and maintain the electrical infrastructure at this
location. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 2620 W. Faidley Avenue (Saint Francis
Medical Center). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2620 W. Faidley Avenue was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including power lines and transformers. This
easement would allow the Utilities Department to install, access, operate and maintain the
electrical infrastructure at this location. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District No.
543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.) and 515 Congdon
Avenue (Galvan). Public Works Director John Collins reported that public utility easements
were needed to accommodate the extension of sanitary sewer to serve an area previously
unserved north of 4th Street and east of Congdon Avenue. The public utility easements would
allow for the construction, operation, maintenance, extension, repair, replacement, and removal
of sanitary sewer within the easements. Staff recommended approval. No public testimony was
heard.
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:
Grand Island Council Session - 4/23/2019 Page 106 / 270
Page 3, City Council Regular Meeting, April 9, 2019
#9724 - Consideration of Approving Request to Rezone Property located at 200 East
Hwy 34 from RD – Residential Development to Amended RD Residential Development
(Talon Apartments) (Second and Final Reading)
#9725 - Consideration of Creation of Sidewalk District No. 1- 2019; 13th Street
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 Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9724 - Consideration of Approving Request to Rezone Property located at 200 East
Hwy 34 from RD – Residential Development to Amended RD Residential Development
(Talon Apartments) (Second and Final Reading)
Regional Planning Director reported that this Ordinance was read on first reading at the March
26, 2019 City Council meeting.
Motion by Stelk, second by Schutz to approve Ordinance #9724.
City Clerk: Ordinance #9724 on second reading. All those in favor of the passage of this
ordinance on second, answer roll call vote. Upon roll call vote, Councilmembers Haase,
Nickerson, Schutz, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmember
Paulick voted no. Motion adopted.
City Clerk: Ordinance #9724 on final reading. All those in favor of the passage of this ordinance
on final reading, answer roll call vote. Upon roll call vote, Councilmembers Haase, Nickerson,
Schutz, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmember Paulick voted no.
Motion adopted.
Mayor Steele: By reason of the roll call votes on second and final readings, Ordinance #9724 is
declared to be lawfully adopted upon publication as required by law.
#9725 - Consideration of Creation of Sidewalk District No. 1- 2019; 13th Street
Public Works Director John Collins reported that the boundary for the proposed district was
selected in order to provide a safe walking path for students to Westridge Middle School. The
new sidewalk would be approximately 985.00 feet in length. Staff recommended approval.
Motion by Nickerson, second by Paulick to approve Ordinance #9725.
City Clerk: Ordinance #9725 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.
Grand Island Council Session - 4/23/2019 Page 107 / 270
Page 4, City Council Regular Meeting, April 9, 2019
City Clerk: Ordinance #9725 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9725 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda item G-18 (Resolution #2019-133) was pulled from the
agenda at the request of Menards, Inc. Items G-3 and G-16 (Resolution #2019-131) was pulled
for further discussion. Motion by Paulick, second by Jones to approve the Consent Agenda
excluding items G-3, G-16, and G-18. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 26, 2019 City Council Regular Meeting.
Approving Minutes of April 2, 2019 City Council Study Session.
Approving Preliminary Plat for The Orchard Subdivision. It was noted that The Orchard/Hoppe
Home PC, owner, had submitted the Preliminary Plat for The Orchard Subdivision located south
of Capital Avenue and the outfall ditch and west of the Central Nebraska Railroad line north of
12th Street for the purpose of creating 180 lots on 25 acres.
Discussion was held regarding the 32’ streets and offsetting driveways. Fred Hoppe, 1600
Stoneyhill Road, Lincoln, Nebraska answered questions and stated there would be a
Homeowners Association and the homes would have basements.
Motion by, Paulick, second by Stelk to approve. Upon roll call vote, all voted aye. Motion
adopted.
#2019-119 - Approving Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th
Street for a Change of Location for Class “I-108549” Liquor License to 316 East 2nd Street.
#2019-120 - Approving Request from Jarhead, Inc. dba Texas T-Bone Steakhouse, 1027 E.
Bismark Road for a Change of Location for Class “C-111559” Liquor License to 1600 South
Locust Street.
#2019-121 - Approving Request from Luis Jacobo dba Tucan Express, 2120-2124 N. Webb
Road for a Class “C” Liquor License.
#2019-122 - Approving Purchase of Dell Laptops and Docking Stations for Patrol Fleet from
Dell, Inc. of Round Rock, Texas in an Amount of $25,978.50.
#2019-123 - Approving Acquisition of Utility Easement - 1405 W. Koenig - Bosselman
Properties, Inc..
Grand Island Council Session - 4/23/2019 Page 108 / 270
Page 5, City Council Regular Meeting, April 9, 2019
#2019-124 - Approving Acquisition of Utility Easement - 2620 W. Faidley Avenue - Saint
Francis Medical Center.
#2019-125 - Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District
No. 543; Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.) and 515 Congdon
Avenue (Galvan).
#2019-126 - Approving Temporary Construction Easement for Sanitary Sewer District No. 543;
Willow Street at 511 Congdon Avenue (Weinrich Development, Inc.), 515 Congdon Avenue
(Galvan), and 611 Willow Street (JH Holdings, Inc.).
#2019-127 - Approving Berkshire Hathaway Home Services Da-Ly Realty for Real Estate
Broker Services for the Sale of 3231 West Schimmer Drive (Parcel No. 400401746).
#2019-128 - Approving Bid Award for Curb Ramp Project No. 2019-CR-2 CDBG with Galvan
Construction, Inc. of Grand Island, Nebraska in an Amount of $152,212.00.
#2019-129 - Approving Bid Award for Curb Ramp Project No. 2019-CR-1 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of $119,098.00.
#2019-130 - Approving Agreement for Traffic Engineering Services – Traffic Study Various
Locations with Olsson, Inc. of Lincoln, Nebraska in an Amount of $55,285.59.
#2019-131 - Approving Public Transportation Interlocal Agreement with Hall County. Transit
Program Manager Charley Falmlen updated the Council on the Transit Program.
Motion by Nickerson, second by Minton to approve Resolution #2019-131. Upon roll call vote,
all voted aye. Motion adopted.
#2019-132 - Approving Purchase of 2019 Chevrolet Malibu for Building Department from
Husker Auto Group of Lincoln, Nebraska in an Amount of $17,457.00.
#2019-133 - Approving Development Agreement with Menard, Inc. for Fire Station No. 4. This
item was pulled from the agenda at the request of Menards.
#2019-101 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Talon
Apartments Second Subdivision. It was noted that Talon Apartments, Inc., owners, had
submitted the Final Plat and Subdivision Agreement for Talon Apartments Second Subdivision
located north of U.S. Highway 34 and east of South Locust Street for the purpose of creating 14
lots on 13.820 acres.
RESOLUTIONS:
#2019-134 - Consideration of Amendment to the Redevelopment Plan for CRA No. 1 located at
304 West Third Street (Amur Real Estate 1). This item was related to the aforementioned Public
Hearing.
Grand Island Council Session - 4/23/2019 Page 109 / 270
Page 6, City Council Regular Meeting, April 9, 2019
Motion by Paulick, second by Minton to approve Resolution #2019-134. Upon roll call vote, all
voted aye. Motion adopted.
#2019-135 - Consideration of Referring Un-annexed Area of the Central Nebraska Veterans
Home Property to the City Council for Consideration of Annexation. Regional Planning Director
Chad Nabity reported that portions of the Central Nebraska Veteran’s Home property had been
previously annexed but one portion north of the railroad tracks and west of Eagle Scout Park and
the Veteran’s Ball Fields remained outside the city limits. The City of Grand Island as the owner
of the property in question may petition the City Council to consider annexation. Staff
recommended approval of the annexation.
Discussion was held regarding the taxes on the farm ground. City Attorney Jerry Janulewicz
explained the cash rent on this property.
Motion by Haase, second by Minton to approve Resolution #2019-135. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Hehnke to approve the payment of claims for the period of March
26, 2019 through April 9, 2019 for a total amount of $3,856,406.90. Upon roll call vote, all voted
aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 7:40 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 4/23/2019 Page 110 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-2
Receipt of Official Documents – Pawnbroker’s Official Bonds for
G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645
South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/23/2019 Page 111 / 270
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 23, 2019
Subject:Approving Renewal of Pawnbrokers Official Bond
Presenter(s):RaNae Edwards, City Clerk
Background
Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business
of pawnbroker are required to make application to the Mayor and City Council. Along with the
application and fee, a bond is required which is to be approved by the Mayor and City Council. Each
license expires on April 30th of each year and must be renewed prior to that date.
Discussion
G.I. Loan Shop, 1004 West Second Street and Express Pawn, 645 South Locust Street have
submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached)
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1.Move to approve the renewals
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 application and bond for renewal of
pawnbroker’s license.
Sample Motion
Move to approve the renewal applications and bonds for G.I. Loan Shop, 1004 West 2nd Street and
Express Pawn, 645 South Locust Street.
Grand Island Council Session - 4/23/2019 Page 112 / 270
Grand Island Council Session - 4/23/2019 Page 113 / 270
Grand Island Council Session - 4/23/2019 Page 114 / 270
Grand Island Council Session - 4/23/2019 Page 115 / 270
Grand Island Council Session - 4/23/2019 Page 116 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-3
#2019-136 - Approving Request from Spirit in the Sky, LLC dba 40
North Tap & Grille, 520 West 3rd Street for a Class “IK” Liquor
License and Liquor Manager Designation for Joseph Vavricek,
2729 Brentwood Blvd
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/23/2019 Page 117 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-136
WHEREAS, an application was filed by Spirit in the Sky, LLC doing business as
40 North Tap & Grille, 520 West 3rd Street for a Class "IK" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 13, 2019; such publication cost being $18.00; and
WHEREAS, a public hearing was held on April 23, 2019 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Joseph
Vavricek, 2729 Brentwood Blvd., Grand Island, Nebraska as liquor
manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 118 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-4
#2019-137 - Approving Interlocal Agreement with Hall County for
Ambulance Service
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 4/23/2019 Page 119 / 270
Council Agenda Memo
From:Cory Schmidt, Fire Chief
Meeting:April 23, 2019
Subject:Approval of Interlocal Agreement with Hall County for
Ambulance Service
Presenter(s):Cory Schmidt, Fire Chief
Background
The City of Grand Island Fire Department (GIFD) has provided ambulance service for
Hall County outside the city limits of Grand Island in the past. The current Interlocal
agreement stipulates the GIFD will provide ambulance service in exchange for $206,620
per year. The agreement will expire on June 30, 2019.
Discussion
An ambulance contract committee was formed earlier this year. The committee consisted
of Councilmembers Minton and Nickerson, City Administrator Clark, City Attorney
Janulewicz and staff from the Grand Island Fire Department. The committee discussed
the current contract, call history and the associated cost of providing ambulance service
to Hall County. The committee recommended changes to the future contract based on
their discussions. The proposed agreement stipulates that the GIFD will provide
ambulance service to areas of Hall County not within the boundaries of the City of Grand
Island. In exchange for providing ambulance service, the City will receive $214,375 for
the first year and $218,663 for the second year. If approved, the agreement will
commence on July 1, 2019 and end on June 30, 2021. The Hall County Board has already
approved the agreement.
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 - 4/23/2019 Page 120 / 270
Recommendation
City Administration recommends that the Council approve the Interlocal Agreement
between the City of Grand Island and Hall County to provide ambulance service to areas
of Hall County that are outside the city limits of Grand Island.
Sample Motion
Move to approve the Interlocal Agreement between the City of Grand Island and Hall
County to provide ambulance service to the areas in Hall County outside the city limits of
Grand Island.
Grand Island Council Session - 4/23/2019 Page 121 / 270
Grand Island Council Session - 4/23/2019 Page 122 / 270
Grand Island Council Session - 4/23/2019 Page 123 / 270
Grand Island Council Session - 4/23/2019 Page 124 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-137
WHEREAS, the City of Grand Island and Hall County currently have an Inter-
Local agreement regarding ambulance service for Hall County ; and
WHEREAS, the current agreement will expire as of June 30, 2019; and
WHEREAS, negotiations resulted in a proposed Inter-Local agreement, and
WHEREAS, the City of Grand Island will receive $214,375 for the first year and
$218,663 for the second year in exchange for the Grand Island Fire Department providing
ambulance service to Hall County outside the city limits of Grand Island. The agreement will
commence July 1, 2019 and end June 30, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council authorized the Mayor
to sign the Inter-Local Agreement between the two parties in regards to ambulance service.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 125 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-5
#2019-138 - Approving Final Plat and Subdivision Agreement for
Lewis Acres Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 126 / 270
Council Agenda Memo
From:Regional Planning Commission
Meeting:April 23, 2019
Subject:Lewis Acres Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located east of U.S. Highway 281 and south of Wildwood Drive in
Grand Island, Nebraska. (1 lots, 33.314 acres). This property is zoned B2 General
Business and TA Transitional Agriculture. A tract of land consisting of all of lot 1,
Greenscape Inc. Subdivision, Grand Island And Part of the Northwest Quarter of the
Northwest Quarter (NW1/4,) of Section Eight (8), Township Ten (10) North, Range Nine
(10) west of the 6th P.M., in Grand Island, Hall County, Nebraska.
Discussion
The final plat for Lewis Acres Subdivision was considered by the Regional Planning
Commission at the April 3, 2019 meeting.
A motion was made by Monter and second by Maurer to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 10 members present and voting in
favor (O’Neill, Nelson, Ruge, Monter, Maurer, Rubio, Robb, Rainforth, Randone and
Hedricksen) and no members present voting no.
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 - 4/23/2019 Page 127 / 270
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 4/23/2019 Page 128 / 270
Grand Island Council Session - 4/23/2019 Page 129 / 270
Developer/Owner
Station 31 LLC
P.O. Box 1151
Grand Island, NE 68801
To create 1 lot with Lewis Greenscape and the house to the west of the business and the farm
ground to the south and east in Grand Island, Nebraska.
Size: 33.852 Acres
Zoning: B2 General Business and TA Transitional Agriculture
Road Access: Wildwood Drive is rural section county highway.
Water Public: City water is available.
Sewer Public: City sewer is available.
Grand Island Council Session - 4/23/2019 Page 130 / 270
Grand Island Council Session - 4/23/2019 Page 131 / 270
Grand Island Council Session - 4/23/2019 Page 132 / 270
Approved as to Form ¤ ___________
April 4, 2019 ¤ City Attorney
R E S O L U T I O N 2019-138
WHEREAS Station 31 LLC, the owners of the land described hereon, have
caused the same to be surveyed, subdivided, platted and designated as “LEWIS ACRES
SUBDIVISION”, A tract of land comprising all of Lot 1, Greenscape Inc. Subdivision, Grand
Island and part of the Northwest Quarter of the Northwest Quarter (NW1/4,NW1/4) of Section 8,
Township Ten (10) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and has
caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of LEWIS ACRES
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 133 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-6
#2019-139 - Approving Final Plat and Subdivision Agreement for
Ponderosa Village Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 134 / 270
Council Agenda Memo
From:Regional Planning Commission
Meeting:April 23, 2019
Subject:Ponderosa Village Second Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located west of U.S. Highway 281 south of Ray Road and north of the
Wood River in Grand Island, Nebraska. (3 lots, 15.205 acres). This property is zoned B2
General Business, RO Residential Office and RD Residential Development Zone. A
replat of all of Outlot “A”, Ponderosa Lake Estates Third Subdivision; Part of vacated
James Road and all of Outlot “C1” Ponderosa Lake Estates Fourth Subdivision all of Lot
1 and all of Outlot “A”, Ponderosa Lake Estates Seventh Subdivision; and Part of Lot 1,
all of Lots 2, 3, and 4, Ponderosa Village Subdivision, all in the southeast quarter (SE1/4)
of Section Thirty-six (36), Township Eleven (11) North, Range Ten (10) West, of the 6th
P.M.
Discussion
The final plat for Ponderosa Village Second Subdivision was considered by the Regional
Planning Commission at the April 3, 2019 meeting.
A motion was made by Monter and second by Maurer to approve the final plat as
presented.
A roll call vote was taken and the motion passed with 10 members present and voting in
favor (O’Neill, Nelson, Ruge, Monter, Maurer, Rubio, Robb, Rainforth, Randone and
Hedricksen) and no members present voting no.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
Grand Island Council Session - 4/23/2019 Page 135 / 270
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 4/23/2019 Page 136 / 270
Developer/Owner
Grand Island Council Session - 4/23/2019 Page 137 / 270
Prataria Ventures, LLC
P.O. Box 2078
Grand Island, NE 68802
To create 3 lots between Ponderosa Estates Subdivison and U.S. Highway 281 in Grand Island,
Nebraska.
Size: 3 Lots 15.205 acres
Zoning: B2 General Business, RO Residential Office and RD Residential Development Zone
Road Access: James Road will be constructed as 41 foot commercial street with a cul-de-sac.
Water Public: City water is available.
Sewer Public: City sewer is available.
Grand Island Council Session - 4/23/2019 Page 138 / 270
Grand Island Council Session - 4/23/2019 Page 139 / 270
Grand Island Council Session - 4/23/2019 Page 140 / 270
Grand Island Council Session - 4/23/2019 Page 141 / 270
Approved as to Form ¤ ___________
April 4, 2019 ¤ City Attorney
R E S O L U T I O N 2019-139
WHEREAS, know all men by these presents, that Prataria Ventures, LLC, A
Nebraska Limited Liability Company and Pondarosa Lake Estates Subdivision Homeowners
Association Inc., A Nebraska Non-profit Corporation, being owners of the land described
hereon, have caused the same to be surveyed, subdivided, platted and designated as
“PONDEROSA VILLAGE SECOND SUBDIVISION”, Being a replat of all of Outlot “A”
Ponderosa Lake Estates Third Subdivision, Part of Vacated James Road and all of Outlot “C1”
Ponderosa Lake Estates Fourth Subdivision: all of Lot 1 and all of Outlot “A”, Ponderosa Lake
Estates Seventh Subdivision; and part of Lot 1, all of Lot 2, 3, and 4, Ponderosa Village
Subdivision all in the Southeast Quarter of Section 36, Township 11, North, Range Ten West of
the 6th P.M., Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
herein before described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of PONDEROSA VILLAGE
SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the
City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to
execute the approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 142 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-7
#2019-140 - Approving Bid Award for Burdick Generating Station
Cooling Tower Demolition
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 4/23/2019 Page 143 / 270
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:April 23, 2019
Subject:Burdick Generating Station Cooling Tower Demolition
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Burdick Station Steam Units #1 and #2 were decommissioned in 2016, and Steam
Unit #3 was decommissioned in 2017. The cooling tower was used to condense steam for
Steam Unit #3. In 2015, Black & Veatch was hired to conduct an engineering study. They
looked at the feasibility of utilizing the existing steam unit building for future generation.
It was concluded that it is more cost effective to raze the existing building than try to
retrofit it. The Burdick Steam unit building will be razed in 2020, eliminating the cost
associated with maintaining the building.
The three gas turbines will remain operational at Burdick Station and provide peaking
and emergency backup power to the City of Grand Island. To conduct maintenance on
the gas turbines, a maintenance building will be constructed in the location of the cooling
tower.
Discussion
Specifications for the Burdick Generating Station Cooling Tower Demolition were
advertised and issued for bid in accordance with the City Purchasing Code. Bids were
publicly opened on April 16, 2019. The engineer’s estimate for this project was
$75,000.00.
Bidder Bid Price
Hayden Wrecking Corporation, Washington Park, IL$ 44,875.00
Cooling Tower Depot, Inc., Golden CO $ 112,493.00
Myers Construction, Inc., Broken Bow, NE $ 189,480.00
Bids were reviewed by plant engineering staff. It is compliant with specifications and
less than the engineer’s estimate.
Grand Island Council Session - 4/23/2019 Page 144 / 270
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 Council award the Contract for the Burdick
Generating Station Cooling Tower Demolition to Hayden Wrecking Corporation of
Washington Park, Illinois, as the low responsive bidder, with the bid in the amount of
$44,875.00.
Sample Motion
Move to approve the bid in the amount of $44,875.00 from Hayden Wrecking
Corporation for the Burdick Generating Station Cooling Tower Demolition.
Grand Island Council Session - 4/23/2019 Page 145 / 270
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:April 16, 2019 at 2:00 p..m.
FOR:Burdick Generating Station Cooling Tower Demo
DEPARTMENT:Utilities
ESTIMATE:$75,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:March 27, 2019
NO. POTENTIAL BIDDERS:2
SUMMARY
Bidder:Cooling Tower Depot, Inc.Hayden Wrecking Corporation
Golden, CO Washington Park, IL
Bid Security:Argonaut Insurance Co.North American Specialty Ins. Co.
Exceptions:None Noted
Bid Price:
Material: No Bid $33,692.00
Labor:$111,368.00 $11,183.00
Sales Tax:$ 1,125.00 __No Bid_
Total Bid:$112,493.00 $44,875.00
Bidder:Myers Construction, Inc.
Broken Bow, NE
Bid Security:Inland Insurance Co.
Exceptions:None
Bid Price:
Labor:$189,480.00
Sales Tax: No Bid_
Total Bid:$189,480.00
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Brent Clakr, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Lynn Mayhew, Assist. Utilities Director
P2120
Grand Island Council Session - 4/23/2019 Page 146 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-140
WHEREAS, the City of Grand Island invited sealed bids for Burdick Station
Cooling Tower Demolition, according to plans and specifications on file with the Utilities
Department; and
WHEREAS, on April 16, 2019, bids were received, opened and reviewed; and
WHEREAS, Hayden Wrecking Corporation of Washington Park, Illinois
submitted a bid in accordance with the terms of the advertisement of bids and plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $44,875.00; and
WHEREAS, the bid of Hayden Wrecking Corporation is less than the estimate for
Burdick Generating Station Cooling Tower Demolition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hayden Wrecking
Corporation, in the amount of $44,875.00 for Burdick Generating Station Cooling Tower
Demolition, is hereby approved as the lowest responsive bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 147 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-8
#2019-141 - Approving Purchase of Police Fleet Vehicles
Staff Contact: Robert Falldorf, Police Chief
Grand Island Council Session - 4/23/2019 Page 148 / 270
Council Agenda Memo
From:Robert Falldorf, Police Chief
Meeting:April 23, 2019
Subject:2019 Police Fleet Vehicle Purchases
Presenter(s):Robert Falldorf, Police Chief
Background
The Police Department has $121,000 budgeted in Capital expenditures for the purchase
of fleet vehicles. We would like to purchase three (3) Police fleet vehicles at this time.
These vehicles will be for the Patrol Division. The Police Department is requesting to
purchase on State of Nebraska contract #15096 OC, the three (3) 2020 Ford Police
Interceptor Utility vehicles (Explorers) from Anderson Auto Group, 2500 Wildcat Dr.,
Lincoln, Nebraska. Two (2) of the Police fleet vehicles will be purchased with the 3.3L
V6 engine for a total of $34,279 per each vehicle. The one (1) remaining Police fleet
vehicle will be purchased with the Hybrid engine for a total of $37,674. Total purchase
for all three (3) Patrol fleet vehicles will be $106,232. Ford has estimated a fairly
substantial cost savings in fuel consumption with the Hybrid engine so that is the reason
we are purchasing one of the vehicles with a Hybrid engine so we can test for fuel cost
savings over the life of the vehicle. Ford discontinued manufacture of their Police sedans
in 2018 and the Police Department has moved to purchasing the Ford Police Interceptor
Utility vehicles a couple of years ago due to the fact that they are more practical for our
operations, allowing for more cabin space for officers and equipment and more cargo
space for equipment.
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 - 4/23/2019 Page 149 / 270
Recommendation
City Administration recommends that the Council approve the purchase of three (3) 2020
Ford Police Interceptor Utility vehicles, two (2) with 3.3L V6 engines at $34,279 each
and one (1) with Hybrid engine at $37,674 under State contract from Anderson Auto
Group, Lincoln, NE for a total cost of $106,232.
Sample Motion
Move to purchase three (3) 2020 Ford Police Interceptor Utility vehicles, two (2) with
3.3L V6 engines at $34,279 each and one (1) with Hybrid engine at $37,674, under State
contract from Anderson Auto Group, Lincoln, NE for a total cost of $106,232.
Grand Island Council Session - 4/23/2019 Page 150 / 270
STATE OF NEBRASKA CONTRACT AWARD
PAGE
1 of 5
BUSINESS UNIT
9000
VENDOR NUMBER: 503856
VENDOR ADDRESS:
AFL, LLC
DBA ANDERSON FORD LINCOLN MERCURY MAZDA
2500 WILDCAT DR
PO BOX 83644
LINCOLN NE 68501-3644
ORDER DATE
02/26/19
BUYER
CHRISTIE KELLY AS
State Purchasing Bureau
1526 K Street. Suite 130
Lincoln, Nebraska 68508
Telephone: (402) 471-6500
Fax: (402) 471-2089
CONTRACT NUMBER
15096 oc
SECONDARY AND
E85AWARD
AN AWARD HAS BEEN MADE TO THE CONTRACTOR NAMED ABOVE FOR THE FURNISHING OF MATERIALS AND/OR SERVICES
AS LISTED BELOW FOR THE PERIOD:
MARCH 11, 2019 THROUGH MARCH 10, 2020
NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS AND/OR
SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE.
THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH. THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND
DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES.
THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN
MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA.
Original/Bid Document 5993 OF
Contract lo supply and deliver 2019 or Current Production Year Police Mldsize Utility Vehicle All Wheel Drive 5 Passenger as per the
attached specifications, for the contract period March 11, 2019 through March' 10, 2020. The contract may be renewed for one (1)
additional one (1) year period when mutually agreeable to the vendor and the State of Nebraska.
See attached Master Agreement Terms and Conditions page for approximate units to be purchased. The Unit Price is equal to the Base
Price for items before the Option Bid LlsL
Secondary Award Make/Model: FORD POLICE INTERCEPTOR UTILITY 2020
E85 Award Make/Ml)del: POLICE INTERCEPTOR UTILITY 2020
IMPORTANT NOTE: Purchase Orders must have a paint line selected providing Exterior Color, Interior Color, and Seat Color. The colors
and color codes are provided on a color ehart attaehed to the contract.
DELIVERY ARO: 120 DAYS
Vendor Contact: Bobby Colclasure
Phone: 402-617-4521
E-Mail: bobbyc@andersonautogroup.com
(bs02/26/19)
Line Description
1 POLICE MID SIZE UTILITY
VEHICLE AWD 5 PASSENGER
2019 OR CURRENT PRODUCTION YEAR
MINIMUM WHEELBASE: 112.6"
MINIMUM ENGINE SIZE: 3.3L
Estimated Unit of Unit
Quantity Measure Price
20.0000 EA 34,043.0000
K"l35001NISC00011NISCOOM :.!0150901
Grand Island Council Session - 4/23/2019 Page 151 / 270
March 19th, 2019
2020 Ford Police Interceptor Utility—State Contract 15096
1.2020 Police Utility Vehicle with 3.3L V6: $34,043
2.Cloth rear seats: included
3.Courtesy lamp inoperable: included
4.Deep Tint Glass: included
5.Driver LED side spotlight: included
6: Dome Light: included
7: Deduct under hood light -$10.00-
8: Drop ship $100.00
9: LED’s rear plate: included
10: Deduct Siren speaker on push bar -$100.00-
11: Deduct Setina Push Bumper -$299
17: Aux Battery: included
Add Blind Spot/cross traffic alert rear back-up camera: $545.00
Total price: $34,279 each.
**Option to Consider**Hybrid engine: $3,395—total price: $37,674 each.
Bobby Colclasure
Anderson Auto Group
Commercial & Fleet Director
2500 Wildcat Dr., Lincoln, NE 68521
Cell-402-617-4521
Grand Island Council Session - 4/23/2019 Page 152 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-141
WHEREAS, the City has budgeted $121,000 for the purchase of Police
Department fleet vehicles; and
WHEREAS, the State of Nebraska has released the State contracts for vehicle
purchases which include the vehicles the Police Department wants to purchase, State Contract
#15096 OC; and
WHEREAS, the Police Department wishes to purchase two (2) 2020 Ford Police
Interceptor Utility vehicles with 3.3L V6 engines for $34,279 each and one (1) 2020 Ford Police
Interceptor Utility vehicle with Hybrid engine for $37,674, all under State contract #15096 OC,
for a total cost of $106,232.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of two (2) 2020
Ford Police Interceptor Utility vehicles with 3.3L V6 engines for $34,279 each and one (1) 2020
Ford Police Interceptor Utility vehicle with Hybrid engine for $37,674, all under State contract
#15096 OC, from Anderson Auto Group of Lincoln, Nebraska for a total cost of $106,232.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 153 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-9
#2019-142 - Approving Bid Award for Crushed Rock for 2019
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/23/2019 Page 154 / 270
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:April 23, 2019
Subject:Approving Bid Award for Crushed Rock for 2019
Presenter(s):John Collins PE, Public Works Director
Background
On April 3, 2019 the Solid Waste Division of the Public Works Department advertised
for bids for the purchase of Crushed Rock for 2019 to be used as stabilization for the
roadway at the landfill throughout the 2019 calendar year.
A primary and secondary bid award is being recommended which sets prices for more
than one producer so material can be purchased in the event the other producer(s) are not
delivering due to larger job demands or lack of material.
Discussion
Two (2) bids were received and opened on April 11, 2019. The bids were submitted in
accordance with the terms of the advertisement of bids and specifications and all other
statutory requirements contained therein with no exceptions.
Crushed Rock for 2019
Bid Award Recommendation
Material Primary Award Secondary Award
3” Minus Crushed
Concrete Delivered
Dobesh Land Leveling, LLC
$25.85 per ton
Blessing Construction
$28.00 per ton
4”- 6” Coarse Crushed
Concrete Delivered
Dobesh Land Leveling, LLC
$32.35 per ton
Blessing Construction
$34.00 per ton
47-B Limestone Rock
Delivered
Blessing Construction
$24.00 per ton up to 300 ton None
Grand Island Council Session - 4/23/2019 Page 155 / 270
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of Crushed Rock
for 2019 according to the bid award recommendation.
Sample Motion
Move to approve the purchase of Crushed Rock for 2019 according to the bid award
recommendation.
Grand Island Council Session - 4/23/2019 Page 156 / 270
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:April 11, 2019 at 2:00 p.m.
FOR:Crushed Rock for 2019
DEPARTMENT:Public Works
ESTIMATE:3” Minus Crushed Concrete Delivered $30.00/ton
4” – 6” Coarse Crushed Concrete Delivered $37.00/ton
47-B Limestone Rock Delivered $36.00/ton
FUND/ACCOUNT:50530043-85545
PUBLICATION DATE:April 3, 2019
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Blessing Construction Dobesh Land Leveling, LLC
Kearney, NE Grand Island, NE
Bid Price:
3” Minus Crushed:$28.00 per ton $25.85 per ton
4”-6” Coarse:$34.00 per ton $32.35 per ton
47-B Limestone:$24.00 per ton up to 300 ton No Bid
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Brent Clark, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P2122
Grand Island Council Session - 4/23/2019 Page 157 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-142
WHEREAS, the City of Grand Island invited sealed bids for furnishing and
delivering Crushed Rock for 2019 for the Solid Waste Division of the Public Works Department,
according to specifications on file with the Public Works Department; and
WHEREAS, on April 11, 2019, bids were received, opened and reviewed; and
WHEREAS, Dobesh Land Leveling, LLC and Blessing Construction, submitted a
bid in accordance with the terms of the advertisement of bids and specifications and all other
statutory requirements contained therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the below bids for crushed rock purchased in
the 2019 calendar year, are hereby approved:
Crushed Rock for 2019
Bid Award Recommendation
Material Primary Award Secondary Award
3” Minus Crushed
Concrete Delivered
Dobesh Land Leveling, LLC
$25.85 per ton
Blessing Construction
$28.00 per ton
4”- 6” Coarse Crushed
Concrete Delivered
Dobesh Land Leveling, LLC
$32.35 per ton
Blessing Construction
$34.00 per ton
47-B Limestone Rock
Delivered
Blessing Construction
$24.00 per ton up to 300 ton None
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 158 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-10
#2019-143 - Approving Bid Award for Downtown Sanitary Sewer
Rehabilitation - 2019; Project No. 2019-S-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/23/2019 Page 159 / 270
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:April 23, 2019
Subject:Approving Bid Award for Downtown Sanitary Sewer
Rehabilitation- 2019; Project No. 2019-S-1
Presenter(s):John Collins PE, Public Works Director
Background
On February 26, 2019 the Engineering Division of the Public Works Department advertised for
bids for Downtown Sanitary Rehabilitation - 2019; Project No. 2019-S-1.
Public Works is taking a proactive approach in rehabilitating sanitary sewer in the downtown area to
avoid failures. Cured in Place Pipe (CIPP) lining with manhole rehabilitation will be the focus of
this project to reinforce structural integrity of the collection system. Existing pipe segments are
within constricted alleyways of the project boundary, which is Clark Street to the west, South Front
Street to the north, Plum Street to the east, and First Street to the south. Additional failing pieces in
the area may be assessed to determine the best rehabilitation method. Segments are mostly 8-inch
pipe, with total length of approximately 13,000 linear feet.
There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection
system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18
inches in diameter. The majority of the sanitary sewer rehabilitations are for old clay tile pipe
and or damaged/dilapidated manholes.
Discussion
Three (3) bids were received and opened on March 21, 2019. The Engineering Division of the
Public Works Department and the Purchasing Division of the City’s Attorney’s Office have
reviewed the bids that were received. A summary of the bids is shown below.
BID SECTION
MUNICIPAL PIPE
TOOL CO., LLC OF
HUDSON, IA
MIDLANDS
CONTRACTING, INC.
OF KEARNEY, NE
SAK CONSTRUCTION,
LLC OF O’FALLON,
MO
Base Bid $554,538.50 $581,401.10 $648,977.00
Alternate “A” Bid $79,870.50 $54,086.50 $55,316.00
Alternate “B” Bid $33,630.00 $94,164.00 $26,904.00
TOTAL BID $668,039.00 $729,651.60 $731,197.00
Grand Island Council Session - 4/23/2019 Page 160 / 270
It is recommended to award the Base Bid and Alternate “A” Bid to Municipal Pipe Tool Co,
LLC of Hudson, Iowa, which will rehabilitate sanitary sewer in the downtown area, as well as
30’ and 2 manholes within a portion of the West Interceptor that is critically deteriorated.
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 bid award to the low compliant
bidder, Municipal Pipe Tool Co., LLC of Hudson, Iowa in the amount of $634,409.00.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 4/23/2019 Page 161 / 270
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 21, 2019 at 2:00 p.m.
FOR:Downtown Sanitary Sewer Rehabilitation-2019;
Project No. 2019-S-1
DEPARTMENT:Public Works
ESTIMATE:$850,000.00
FUND/ACCOUNT:53030055-85213-53009
PUBLICATION DATE:February 26, 2019
NO. POTENTIAL BIDDERS:10
SUMMARY
Bidder:Midlands Contracting Inc.
Kearney, NE
Bid Security:Travelers Casualty & Surety Company of America
Exceptions:None
Base Bid:$581,401.10
Alternate “A”:$ 54,086.50
Alternate “B”:$ 94,164.00
Bidder:SAK Construction, LLC
O’Fallon, MO
Bid Security:Travelers Casualty & Surety Company of America
Exceptions:None
Base Bid:$648,977.00
Alternate “A”:$ 55,316.00
Alternate “B”:$ 26,904.00
Bidder:Municipal Pipe Tool Co., LLC
Grand Island Council Session - 4/23/2019 Page 162 / 270
Hudson, IA
Bid Security:Merchants Bonding Company (Mutual)
Exceptions:None
Base Bid:$554,538.50
Alternate “A”:$ 79,870.50
Alternate “B”:$ 33,630.00
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Brent Clakr, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Tara Bevard, WW Engineer 1
Keith Kurz, Assist. PW Director
P2115
Grand Island Council Session - 4/23/2019 Page 163 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-143
WHEREAS, the City of Grand Island invited sealed bids for Downtown Sanitary
Sewer Rehabilitation - 2019; Project No. 2019-S-1, according to plans and specifications on file
with the Public Works Department; and
WHEREAS, on March 21, 2019 bids were received, opened, and reviewed; and
WHEREAS, Municipal Pipe Tool Co., LLC of Hudson, Iowa submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $634,409.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Municipal Pipe Tool Co.,
LLC of Hudson, Iowa in the amount of $634,409.00 for Downtown Sanitary Sewer
Rehabilitation - 2019; Project No. 2019-S-1 is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 164 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-11
#2019-144 - Approving Request from the YMCA for Permission to
Use City Streets, Hike/Bike Trail, and State Highway for the 2019
Nebraska State Fair Marathons
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/23/2019 Page 165 / 270
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:April 23, 2019
Subject:Consideration of Approving Request from the YMCA for
Permission to Use City Streets, Hike/Bike Trail, and
State Highway for the 2019 Nebraska State Fair
Marathons
Presenter(s):John Collins PE, Public Works Director
Background
The YMCA is seeking Council approval and notice to the Nebraska Department of
Transportation (NDOT) for the routes involved in the Nebraska State Fair Marathons.
Discussion
The 2019 Nebraska State Fair Marathon is proposed for the morning of Saturday, August
24, 2019. The Marathon routes will require the use of City streets and bike trails,
crossing US Highway 34 and running in one lane of US Highway 30. Please see the
attached maps for the Kids Fun Run, 5K, half marathon, and full marathon routes.
State Statute 39-1359 requires the City Council to approve the route and for the City to
then inform the Nebraska Department of Transportation (NDOT) that the route has
approval if it closes or blocks any part of a State highway. This is a requirement for any
race, parade or march that would create some closure of the highway. This action then
makes the City responsible for the liability of using a State highway for the event.
The Marathon planners from the YMCA and Nebraska State Fair have met with Public
Safety, Public Works, County Highway Department, and other affected agencies in
planning for the event. The routes being presented to the Council for approval have been
agreed upon as the best identified, with changes made to the routes for this year.
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 - 4/23/2019 Page 166 / 270
Recommendation
City Administration recommends that the Council approve the YMCA’s presented routes
for the 2019 Nebraska State Fair Marathons and direct that the Nebraska Department of
Transportation (NDOT) be notified of this action.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 4/23/2019 Page 167 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-144
WHEREAS, the YMCA and Nebraska State Fair have proposed routes for the
2019 Nebraska State Fair Kids Fun Run, 5K, half marathon and full marathon routes; and
WHEREAS, the YMCA has worked with City and County departments in
planning the marathon race routes and developed acceptable routes; and
WHEREAS, specific wording is required by the Nebraska Department of
Transportation (NDOT) pursuant to Neb. Rev. Stat §39-1359, and
WHEREAS, the City accepts the duties set out in neb. Rev. Stat. §39-1359, and
that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the
State from all claims, demands, actions, damages, and liability, including reasonable attorney’s
fees, that may arise as a result of the special event, more specifically defined as the 2019
Nebraska State Fair Marathon to be held on August 24, 2019; and
WHEREAS, the route for the special event necessitates the usage of US Highway
34; crossing at Locust Street and Suhr Museum Entrance, and US Highway 30; Plum Street to
Seedling Mile Access Road, Grand Island, Nebraska; and
WHEREAS, the special event will be held on August 24, 2019, with the control
of US Highway 34 and US Highway 30 being assumed by the City at 6:00 am on August 24,
2019 and ending at 1:30 pm on August 24, 2019, at which time control of US Highway 34;
crossing at Locust Street and Suhr Museum Entrance, and US Highway 30; Plum Street to
Seedling Mile Access Road, shall revert to the State.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Notice of Use of City Streets and
State Highways to accommodate the 2019 Nebraska State Fair Marathon to be held on August
24, 2019 is hereby approved.
BE IT FURTHER RESOLVED, that the Nebraska Department of Transportation
(NDOT) shall be notified of the approved route and this Notice.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 168 / 270
Grand Island Council Session - 4/23/2019 Page 169 / 270
Grand Island Council Session - 4/23/2019 Page 170 / 270
Grand Island Council Session - 4/23/2019 Page 171 / 270
Grand Island Council Session - 4/23/2019 Page 172 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-12
#2019-145 - Approving Subordination Request for FAmos
Construction
Staff Contact: Amber Alvidrez
Grand Island Council Session - 4/23/2019 Page 173 / 270
Council Agenda Memo
From:Amber Alvidrez, Community Development
Council Meeting:April 23, 2019
Subject:Approving Subordination Agreement for 116/118
West 3rd Street Grand Island, Nebraska
Presenter(s):Amber Alvidrez, Community Development
Administrator
Background
The City of Grand Island has a Deed of Trust filed on property owned by FAMOS
CONSTRUCTION, INC a Nebraska corporation and THE CHOCOLATE BAR, INC., a
Nebraska corporation located at 116/118 West 3rd Street, in the amount of $159,200. On
May 25, 2016, Community Development Block Grant funds in the amount of $159,200
were loaned to FAMOS CONSTRUCTION INC., a Nebraska Corporation and THE
CHOCOLATE BAR, INC, a Nebraska Corporation to assist in the revitalization of
downtown. The legal description is:
THE WESTERLY TWO THIRDS (W 2/3 OF LOT SIX (6), IN BLOCK
FIFTY FIVE (55), OF THE ORIGINAL TOWN, NOW CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA.
The owner is requesting permission from the City to subordinate to the new Loan amount
and accept and remain in third position. The equity in the property is in excess of the lien
amounts held by both the City and the bank.
Discussion
A new lien in the amount of $60,000 with Pinnacle Bank would by law be junior in
priority to the City’s lien; however, Pinnacle Bank has asked the City to subordinate its
Deed of Trust to the new Deed of Trust.
The property’s appraised value is $1,066,594.91 and is sufficient to secure the loan of
$125,000 from Pinnacle Bank, a second construction loan of $60,000 from Pinnacle Bank
and the City’s note of $159,200.
Grand Island Council Session - 4/23/2019 Page 174 / 270
ALTERNATIVES
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the Subordination Agreement
2.Refer the issue to a Committee
3.Postpone the issue to a later date
4.Take no action on the issue
RECOMMENDATION
Community Development Division recommends that the Council approves the
Subordination Agreement with Home Federal Savings and Loan placing the City in the
third position to the new Deed of Trust.
Sample Motion
Move to recommend approval of the Subordination Agreement with Pinnacle Bank,
placing the City in the Third position to the new Deed of Trust.
Grand Island Council Session - 4/23/2019 Page 175 / 270
Return to City of Grand Island after Recording.
SUBORDINATION AGREEMENT
COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby
partially subordinates its trust deed/real estate lien recorded May 25, 2016, on the following
described real estate:
THE WESTERLY TWO THIRDS (W 2/3) OF LOT SIX (6), IN BLOCK FIFTY
FIVE (55) OF THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL
COUNT, NEBRASKA.
It is the intent of this Agreement that the trust deed for amounts loaned by Pinnacle Bank
to FAmos Construction Inc., a Nebraska corporation and The Chocolate Bar Inc., a Nebraska
corporation (Borrower) that was filed March 29,2019 as Instrument Number 201901813 shall be
superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns
recorded September 29, 2016, up to the amount of $175,000.00 plus interest and amounts
advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority.
It is further understood that this subordination shall include all current obligations, extensions,
renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers
which is secured by the trust deed/real estate lien recorded September 29, 2016 as Document
Number 201606457 in the records of the Register of Deeds of Hall County, Nebraska. Nothing
in this Subordination Agreement is intended as a promise to provide financing or make
advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the
City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely
to partially subordinate its lien interests under the instrument recorded at Document Number
201606457. It is understood that Pinnacle Bank intends to lend funds to Borrowers but that the
subordinated amount is not to exceed $175,000.00 plus interest and amounts advanced to
protect the collateral.
Nothing in this instrument is intended to relieve Borrowers of their obligation to the City of Grand
Island, Nebraska or to subordinate any other lien interests including, but not limited to, real
estate taxes and special assessments.
Dated: __________________City of Grand Island, Nebraska
By_____________________________________
Roger G. Steele, Mayor
STATE OF NEBRASKA )
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me on ______________________,
2019, by Roger G. Steele, Mayor of the City of Grand Island, Nebraska.
______________________________
Notary Public
Grand Island Council Session - 4/23/2019 Page 176 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-145
WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of
Trust dated May 25, 2016 and recorded on September 29, 2016, as Instrument No.201606457, in
the amount of One-Hundred and Fifty-Nine Thousand and Two-Hundred Dollars and zero
Cents.($159,200), secured by property located at 116/118 West Third Street and owned by
FAMOS CONSTRUCTIONS INC., a Nebraska Corporation and THE CHOCOLATE BAR INC,
a Nebraska corporation, said property being described as follows:
THE WESTERLY TWO THIRDS (W 2/3) OF LOT SIX (6), IN BLOCK FIFTY
FIVE (55), OF THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA.
WHEREAS, FAMOS CONSTRUCTION INC, a Nebraska corporation, and THE
CHOCOLATE BAR, a Nebraska corporation wishes to execute a Deed of Trust and Note in the
amount of $60,000 with Pinnacle Bank, to be secured by the above-described real estate
conditioned upon the City subordinating its Deed of Trust to their lien priority; and
WHEREAS, the value of the above-described real estate is sufficient to
adequately secure both loans.
WHEREAS, the requested subordination of the City's lien priority is in the best
interests of all parties.
WHEREAS, the City Attorney’s office has reviewed and approved the proposed
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to execute an agreement subordinating the lien priority of the above described Deeds of
Trust from FAMOS CONSTRUCTION INC., a Nebraska corporation and THE CHOCOLATE
BAR INC., a Nebraska corporation to the City of Grand Island, as beneficiary to that of the new
loan and Deed of Trust of Pinnacle Bank, Beneficiary, as more particularly set out in the
subordination agreement.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 177 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-13
#2019-146 - Approving Pheasants Forever/Nebraska Natural
Resources Districts Agreement to Enroll Areas of Heartland Public
Shooting Park in the “Corners For Wildlife” Habitat Program
Staff Contact: Todd McCoy
Grand Island Council Session - 4/23/2019 Page 178 / 270
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:April 23, 2019
Subject:Approving Agreement to Enroll Areas of Heartland
Public Shooting Park in the “Corners For Wildlife”
Habitat Program
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
Heartland Public Shooting Park (HPSP) consists of 420 acres of land. Improvements to
the site include six skeet ranges, eight trap ranges, a ten station sporting clays course, rifle
and pistol ranges, a seven acre lake, RV campground, archery venue, and a new bunker
trap. HPSP host numerous regional and national shooting sports event which includes the
National 4H Championships, Zombies in the Heartland, USPSA Area 3 Championships,
and more. Volunteers play a major role in the operation of the facility.
Discussion
HPSP has been supportive or participated in a number of wildlife habitat programs. HPSP
qualifies for the Corners For Wildlife program administered by Pheasants Forever and
Nebraska’s Natural Resources Districts. Corners For Wildlife is a five year program in
which the City will receive $100/acre per year to plant and maintain areas of native
grasses and shrubs that will benefit wildlife habitat. Staff estimates the initial cost to
HPSP for spraying unwanted weeds and seeding 68 acres at approximately $4,500.00. By
the end of five years HPSP will receive $34,000.00 for participating in the program.
Staff recommends approval of the agreement.
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 - 4/23/2019 Page 179 / 270
Recommendation
City Administration recommends that the Council approve the agreement to enroll 68
acres located at HPSP in the Corners For Wildlife program administered by Pheasants
Forever and Nebraska’s Natural Resources Districts.
Sample Motion
Move to approve the Corners For Wildlife agreement.
Grand Island Council Session - 4/23/2019 Page 180 / 270
Grand Island Council Session - 4/23/2019 Page 181 / 270
Grand Island Council Session - 4/23/2019 Page 182 / 270
Grand Island Council Session - 4/23/2019 Page 183 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-146
WHEREAS, the Heartland Public Shooting Park (HPSP) consists of 420 acres of
land; and
WHEREAS, HPSP qualifies for the Corners For Wildlife program administered
by Pheasants Forever and Nebraska’s Natural Resources Districts; and
WHEREAS, Corners For Wildlife is a five year program in which the City will
receive $100/acre per year to plant and maintain areas of native grasses and shrubs that will
benefit wildlife habitat. Staff estimates the initial cost to HPSP for spraying unwanted weeds
and seeding 68 acres at approximately $4,500.00. By the end of five years HPSP will receive
$34,000.00 for participating in the program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, approve the agreement to enroll 68 acres
located at HPSP in the Corners For Wildlife program administered by Pheasants Forever and
Nebraska’s Natural Resources Districts.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 184 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item G-14
#2019-147 - Approving Letter of Support for Essential Air Service
(EAS) to the Department of Transportation (DOT)
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 4/23/2019 Page 185 / 270
Council Agenda Memo
From:Mayor Roger G. Steele
Meeting:April 23, 2019
Subject:Essential Air Service Recommendation
Presenter(s):Mike Olson, AAE, Executive Director
Hall County Airport Authority
Background
The Department of Transportation developed a program entitled Essential Air Service
(EAS) several years ago to assure that smaller rural communities would be provided with
passenger air service. The program provides subsidies to commercial air carriers to offset
the cost of offering such service in areas where ridership cannot be to the level to achieve
profitability. This program is intended to help small communities in economic
development, community development and population stabilization. Hall County has
benefited from this program over the last few years by assuring that the area continued
flight service for citizens and businesses.
Every two years the Department of Transportation asks for proposals from air carriers for
the various EAS communities for the continuation of air service. One proposal from
American Airlines was submitted for the Central Nebraska Regional Airport. A summary
of the proposal is attached for City Council review.
Discussion
The Airport Authority Board, in a letter to Mayor Jensen, is requesting concurrence from
the City for the formal request to the Department of Transportation for the Essential Air
Service. This is a requirement of the DOT on matters such as this.
On April 10, 2019 the Hall County Airport Authority conducted a public meeting to
discuss the bids for Essential Air Service to Grand Island, NE. The Hall County Airport
Authority is recommending American Airlines to the Department of Transportation
(DOT) for air service for the Central Nebraska Regional Airport under the Essential Air
Service Program.
Grand Island Council Session - 4/23/2019 Page 186 / 270
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 accept the recommendation of the Hall
County Airport Authority Board submitted by American Airlines and authorize the
Mayor to send a letter to the Department of Transportation expressing support of such
proposal.
Sample Motion
Move to accept the recommendation of the Hall County Airport Authority Board
submitted by American Airlines and authorize the Mayor to send a letter to the
Department of Transportation expressing support of such proposal.
Grand Island Council Session - 4/23/2019 Page 187 / 270
Grand Island Council Session - 4/23/2019 Page 188 / 270
Grand Island Council Session - 4/23/2019 Page 189 / 270
BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, DC
Essential Air Service at
Grand Island, Nebraska
DOT-OST-2002-13983
Under 49 U.S.C §41731 et seq.
AMERICAN AIRLINES’ PROPOSAL TO PROVIDE ESSENTIAL AIR SERVICE AT
GRAND ISLAND, NEBRASKA
American Airlines, a wholly owned subsidiary of American Airlines Group, Inc., respectfully
submits its proposal to continue subsidized Essential Air Service to Grand Island, Nebraska.
American Airlines seeks to continue service between American’s largest hub, Dallas/Fort Worth
International Airport (“DFW”), and the Grand Island Regional Airport (“GRI”), with two daily
roundtrips. The service would be operated by American Airlines’ regional brand, American
Eagle, using a 44 seat ERJ-140 regional jet.
American Airlines regional feed is operated under the American Eagle brand. American Airlines
customers have access to 345 cities, 56 countries, and more than 6,900 daily departures. Through
our oneworld alliance, customers have access to more than 1,010 destinations and 159 countries.
The service proposed by American Airlines continues existing service to American’s largest hub,
Dallas/Fort Worth International Airport. At DFW, American and American Eagle are growing
with the addition of 15 gates. During the summer of 2019, American and American Eagle will
offer approximately 900 departures to nearly 225 non-stop destinations from DFW. This direct
access provides the community of Grand Island and its visitors unparalleled connecting
opportunities across the world.
We have made great progress in developing air-service Grand Island, and see the influence of the
current service geographically redefining the local catchment area. Our current bid reflects our
belief that the Essential Air Service subsidy is vital, and the market is on a trajectory to one day
be self-sustaining. We have continually reduced our bid amount as our service to GRI matures.
As part of our bid, we are reducing the annual subsidy requirement by 57% from our previous bid
award.
As part of our bid to continue service to GRI, we are changing proposed equipment types to the
ERJ-140. This airplane has 6 less seats then the ERJ-145 (which was the equipment awarded in
our last bid). We are making this change as we have redistributed equipment types with our
regional operators across our network. We may continue to substitute a larger airplane with more
capacity or add additional frequencies as we have done recently.
Grand Island Council Session - 4/23/2019 Page 190 / 270
American requests that the DOT and Grand Island waive the right to hold-in American Airlines
service upon issuance of 120 days-notice to terminate service. Although our intent is to remain in
the GRI market for the long term, we cannot be operationally constrained and kept in a market
indefinitely without the ability to adapt to changing circumstances.
We look forward to serving the Grand Island area for many years to come and appreciate the
community’s and the Department of Transportation’s consideration of continued American
Airlines service.
Sincerely,
Jason Reisinger
Managing Director
Global Planning – Network Planning
American Airlines
Grand Island Council Session - 4/23/2019 Page 191 / 270
EAS Bid Summary
DFW-GRI @ 1 6/7 Daily RT Frequency with a E140
Prepared March-2019
EAS Market DFW-GRI
A/C Type E140
Seats Per Departure 44
Weekly Round Trips 13
Annual Departuress (99% completion factor) 1,342
Stage Length (Miles) 561
Block Hours Per Departure 1.9
Annual Block Hours (Factors) 2,411
Estimated Load Factor 78%
Pasenger Revenue
Average Onboard Fare $ 136.13
Annual Onboard Pax $ 46,063
$ 6,270,313
Annual RPMs ('000s) 25,841
Annual ASMs ('000s) 33,129
Revenue Forecast Annualized
Passenger Revenue $ 6,270,313
Other Revenue $ 890,340
Total Revenue $ 7,160,653
Expense Forecast
Direct Expense $ 5,609,709
Indirect Expense $ 729,761
Aircraft Ownership and Overhead $ 833,073
Total Expense $ 7,172,543
Profit/(Loss) $ (11,890)
Profit Element $ 377,502
Annual Subsidy Requirement $ 389,392
Subsidy Requirement
Subsidy Per Trip $ 290
Subsidy Per Passenger $ 8.45
Grand Island Council Session - 4/23/2019 Page 192 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-147
WHEREAS, the Central Nebraska Regional Airport has been working diligently
to improve the air service options available to central Nebraskans and to increase the number of
enplanements from the Central Nebraska Regional Airport; and
WHEREAS, on April 10, 2019, the Hall County Airport Authority Board
approved Resolution #19-29 authorizing a recommendation to the Department of Transportation
to allow American Airlines to provide 13 weekly round trips from Central Nebraska Regional
Airport in Grand Island, NE (GRI) to Dallas/Fort Worth International Airport (DFW) in
Dallas/Fort Worth, Texas; and
WHEREAS, the recommendation would serve more passengers in central
Nebraska, and would be the best use of federal Essential Air Service subsidies, and
WHEREAS, the City of Grand Island supports the efforts to increase affordable,
convenient options for air travel for central Nebraska; and
WHEREAS, increased air traffic to serve central Nebraska would be a valuable
asset to the community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the
City of Grand Island hereby pledge their full support, endorsement, and cooperation with the
efforts of the Hall County Airport Authority in submitting a recommendation to the Department
of Transportation seeking Essential Air Service improvement funding to allow American
Airlines to provide 13 weekly round trip nonstop flights to Dallas/Fort Worth International
Airport in Dallas/Fort Worth, Texas.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a
letter to the Department of Transportation expressing support of such proposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 193 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item H-1
Consideration of Approving the Request from Stephen & Deborah
Spaulding for an Extension of a Conditional Use Permit to Allow
for Construction of a House while living in the Existing Double-
wide Trailer located at 3204 So. Shady Bend Road
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: Craig Lewis
Grand Island Council Session - 4/23/2019 Page 194 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item H-2
Consideration of Forwarding Blighted and Substandard Area #16
(Veteran’s Home Property and Surrounding Area) to the Hall
County Regional Planning Commission (Community
Redevelopment Authority)
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 195 / 270
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:April 23, 2019
Subject:Proposed Blighted and Substandard Area #16
Presenter(s):Chad Nabity, Director Grand Island CRA
Background
Enclosed you will find a copy of a Substandard and Blight Study as prepared for the
Grand Island Community Redevelopment Authority (CRA) by Marvin Planning
Consultants. This study is approximately 569.09 acres of property in northern Grand
Island north of State Street and east of Webb Road including the all of the Central
Nebraska Veterans Home property. The study as prepared and submitted indicates that
this property could be considered blighted and substandard. The full study is attached for
your review and consideration.
The CRA has submitted this study for the review and consideration of the Grand Island
City Council as permitted by Nebraska law. The decision on whether to declare an area
blighted and substandard is entirely within the jurisdiction of the City Council with a
recommendation from the Planning Commission.
The question before Council will be whether to send the study to the Planning
Commission for its review and feedback. If the item is not sent to the Planning
Commission, the Council cannot declare the area blighted and substandard. Planning
Commission will meet June 5, and would have a recommendation ready following that
meeting.
Once an area has been declared blighted and substandard, the CRA can accept
redevelopment proposals for the area. This designation may help attract people interested
in redeveloping the Veterans Home Campus.
Discussion
The action item tonight relates to the study for proposed CRA Area No. 16 in northwest
Grand Island as shown below. The study was prepared for 560.09 acres, most of which
are in the Grand Island City Limits and it is anticipated that all of the property will be in
the City Limits prior to approval of this designation.
Grand Island Council Session - 4/23/2019 Page 196 / 270
Grand Island Council Session - 4/23/2019 Page 197 / 270
Grand Island City Attorney Jerry Janulewicz has reviewed the Nebraska Statutes and case
law pertaining to the declaration of property as blighted and substandard. His comments
on this application are as follows:
The statutes which provide for the creation of a redevelopment area or redevelopment
project within a redevelopment area require the following procedure:
A request is made to the city council to declare an area to be substandard and blighted
and in need of development for purposes of enabling the creation of a redevelopment area
or a redevelopment project within a redevelopment area.
The city council submits the question of whether an area is substandard and blighted to
the planning commission for its review and recommendation prior to making its
declaration that an area is substandard and blighted.
The planning commission must hold a public hearing and submit its written
recommendations within 30 days holding a public hearing on the request.
Upon receipt of the recommendations from the planning commission the city council may
make its findings and declaration with respect to the property within an area.
Unless the city council of the city in which such area is located has, by resolution adopted
after a public hearing with notice, declared such area to be a substandard and blighted
area in need of redevelopment, the Community Redevelopment Agency cannot prepare a
redevelopment plan for a redevelopment project area.
Following a declaration that an area is substandard and blighted, the Community
Redevelopment Agency is authorized to prepare or cause to be prepared and recommend
redevelopment plans to the governing body of the city and to undertake and carry out
redevelopment projects within its area of operation and may enter into contracts with
redevelopers of property containing covenants, restrictions, and conditions regarding the
use of such property for residential, commercial, industrial, or recreational purposes or
for public purposes in accordance with the redevelopment plan and such other covenants,
restrictions, and conditions as the authority may deem necessary to prevent a recurrence
of substandard and blighted areas or to effectuate the purposes of the Community
Development Law, and to provide grants, loans, or other means of financing to public or
private parties in order to accomplish the rehabilitation or redevelopment in accordance
with a redevelopment plan. Within the area of operation of the Community
Redevelopment Authority, the authority may exercise its statutory powers with respect to
the redevelopment project.
Neb. Rev. Stat. §§ 18-2107; 18-2109.
As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998):
A CRA is not authorized to prepare a redevelopment plan for a redevelopment
project area unless the governing body of the city first enacts a resolution
declaring such area to be “a substandard or blighted area in need of
redevelopment.” § 18–2109. After such a declaration has been made and a
redevelopment plan has been prepared and approved, a CRA is authorized to
enter into contracts with redevelopers of property containing covenants,
restrictions, and conditions regarding the use of such property for residential,
commercial, industrial, or recreational purposes or for public purposes in
Grand Island Council Session - 4/23/2019 Page 198 / 270
accordance with the redevelopment plan and such other covenants, restrictions,
and conditions as the [CRA] may deem necessary to prevent a recurrence of
substandard or blighted areas ... and to provide grants, loans, or other means of
financing to public or private parties in order to accomplish the rehabilitation or
redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA
may utilize tax increment financing to pay for redevelopment projects undertaken
pursuant to the CDL. § 18–2124.
“Under this statutory scheme, a private development project would be eligible for tax increment
financing only if it is included within an area which has previously been declared blighted or
substandard and is in furtherance of an existing redevelopment plan for that area. The declaration
of property as blighted or substandard is not simply a formality which must be met in order to
assist a private developer with tax increment financing; it is the recognition of a specific public
purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing
Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The
legislative intent underlying the Community Development Law is the elimination of blighted and
substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the
public and private sectors, not to aid private developers. Fitzke, id.
At this point, Council is only making a decision about whether to forward the study to the
Planning Commission for its recommendation or not. According to NRSS §18-2109, it is
clear that the Planning Commission must hold a public hearing and have the opportunity
to review the Blight Study prior to Council declaring the property substandard and
blighted. If Council wishes to consider a declaration of substandard and blight, State
Statute requires that the question of whether an area is substandard and blighted is
submitted to the Planning Commission for hearing, review and recommendation.
Blighted Area of the Community
The city of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of April 1, 2019,
20.11% of the City has been declared blighted and substandard. Area 16 would add 569
acres to the total of blighted and substandard property and would, if approved, add 2.96%
to the total area declared blighted and substandard bringing the total to 23.07%. The 31
acres of proposed area 29 also under consideration for referral would add 0.17% bringing
the total to 23.24%. Proposed Area 28 (Conestoga Mall) would add another 0.41%
bringing the total area declared to 23.65%. Both area 16 and 29 will include property that
will be annexed by the City Limits so those number will drop slightly.
It does not appear that the declaration of Area 16 would significantly impact the City’s
ability to declare other areas blighted and substandard.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 4/23/2019 Page 199 / 270
1.Move to forward the Study to the Planning Commission for its
recommendation.
2.Move to not forward the Study to the Planning Commission for its
recommendation.
3.Refer the issue to a committee.
4.Postpone the issue to future date.
5.Take no action on the issue.
Recommendation
City Administration recommends that the Council move to forward the study to the
Planning Commission if Council wishes to consider the use of Tax Increment
Financing as a redevelopment tool for this property.
Sample Motion
Move to forward the Study to the Planning Commission for their review and
recommendation.
Grand Island Council Session - 4/23/2019 Page 200 / 270
City of Grand Island, NE
Blight and Substandard Study
Area #16
April 2019
Grand Island Council Session - 4/23/2019 Page 201 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 1
PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within the city of Grand Island as well as surrounding conditions. This study has been
commissioned by the Community Redevelopment Authority in order to analyze the possibility of
declaring the area as blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking
at those issues and definitions provided for in the Nebraska Community Redevelopment Law as
found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum
opportunity, consistent with sound needs of the city as a whole, to the rehabilitation
or redevelopment of the community redevelopment area by private enterprises. The
governing body of a city shall give consideration to this objective in exercising its
powers under sections 18-2101 to 18-2144, including the formulation of a workable
program, the approval of community redevelopment plans consistent with the
general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and
occupancy of buildings and improvements, the disposition of any property acquired,
and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas,
or to undertake such of the aforesaid activities or other feasible municipal activities
as may be suitably employed to achieve the objectives of such workable program.
Such workable program may include, without limitation, provision for the prevention
of the spread of blight into areas of the municipality which are free from blight
through diligent enforcement of housing, zoning, and occupancy controls and
standards; the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion, providing parks, playgrounds,
and other public improvements by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or deteriorating structures;
and the clearance and redevelopment of substandard and blighted areas or
portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility,
or usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
Grand Island Council Session - 4/23/2019 Page 202 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 2
improper subdivision or obsolete platting, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such
factors, substantially impairs or arrests the sound growth of the community, retards
the provision of housing accommodations, or constitutes an economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present
condition and use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
state or national average; (ii) the average age of the residential or commercial units
in the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the
area is lower than the average per capita income of the city or village in which the
area is designated; or (v) the area has had either stable or decreasing population
based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city
as blighted, a city of the second class shall not designate an area larger than fifty
percent of the city as blighted, and a shall not designate an area larger than one
hundred percent of the as blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community
Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City
Council the basis for identifying and declaring Blighted and Substandard conditions existing
within the City’s jurisdiction. Through this process, the City and property owner will be attempting
to address economic and/or social liabilities which are harmful to the well-being of the entire
community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this
report will contain, in accordance with the law, definite local objectives regarding appropriate
land uses, improved traffic, public transportation, public utilities and other public improvements,
and the proposed land uses and building requirements in the redevelopment area and shall
include:
• The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
• A list of the conditions present which qualify the area as blighted and substandard.
BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this area include agricultural,
residential, commercial, and public uses. The portion of the study containing the public uses
contains the Central Nebraska Veterans Home (CNVH) which is slated to be relocated to
Kearney in the coming years. If and when this move takes place, the current site will be vacated
and provides an ideal opportunity for redevelopment in northern Grand Island along the
frontages of Capital Avenue and Nebraska Highway 2.
Some areas within close proximity to the CNVH are currently agricultural lands, some within the
corporate limits and some outside the limits. The thought is these properties may become
developed at the same time the CNVH site gets redeveloped. Therefore, those areas have been
included in the study area; however, those lands outside the corporate limits must be annexed
into the corporate limits prior to the declaration of blight and substandard.
Through the redevelopment process the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Grand Island Council Session - 4/23/2019 Page 203 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 3
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE INTERSECTION OF THE CENTERLINES OF
BROADWELL AVENUE N AND CAPITAL AVENUE W; THENCE WESTERLY ALONG SAID CENTERLINE OF
CAPITAL AVENUE W TO THE INTERSECTION OF THE CENTERLINES OF CAPITAL AVENUE W AND
HUSTON AVENUE N; THENCE SOUTHERLY ALONG SAID CENTERLINE OF HUSTON AVENUE N TO THE
CENTERLINE OF STATE STREET W; THENCE WESTERLY ALONG SAID CENTERLINE OF STATE STREET W TO
THE CENTERLINE OF LAFAYETTE AVENUE N; THENCE; NORTHERLY ALONG SAID CENTERLINE OF
LAFAYETTE AVENUE N TO THE CENTERLINE OF FORREST STREET; THENCE WESTERLY ALONG SAID
CENTERLINE OF FORREST STREET TO THE CENTERLINE OF KRUSE AVENUE N; THENCE NORTHERLY
ALONG SAID CENTERLINE OF KRUSE AVENUE N TO THE CENTERLINE OF COTTAGE STREET; THENCE
WESTERLY ALONG SAID CENTERLINE OF COTTAGE STREET TO THE CENTERLINE OF HANCOCK
AVENUE; THENCE NORTHERLY ALONG SAID CENTERLINE OF HANCOCK AVENUE TO THE CENTERLINE
OF CAPITAL AVENUE W; THENCE WESTERLY ALONG SAID CENTERLINE OF CAPITAL AVENUE W TO
THE SOUTHERLY EXTENDED WEST PROPERTY LINE OF MISCELLANEOUS TRACTS 5-11-9 OTHERWISE
REFERRED TO THE STATE OF NEBRASKA SOLDIERS HOME; THENCE NORTHERLY ALONG SAID WESTERN
PROPERTY LINE TO THE NORTHEAST CORNER OF A MISCELLANEOUS TRACT 5-11-9 OTHERWISE
REFERRED TO AS THE STATE OF NEBRASKA SOLDIERS HOME (CEMETERY); THENCE WESTERLY ALONG
THE NORTHERN BOUNDARY OF THE CEMETERY TO THE NORTHWEST CORNER OF SAID PROPERTY;
THENCE NORTHERLY ALONG THE EAST PROPERTY LINE OF A MISCELLANEOUS TRACT 6-11-9
REFERRED TO AS THE STATE OF NEBRASKA SOLDIERS HOME TO THE SOUTH RIGHT-OF-WAY OF US
HIGHWAY 281; THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE INTERSECTION
OF THE WESTERN PROPOERTY LINE OF LAND CONTAINING EAGLE SCOUT PARK; THENCE SOUTHERLY
ALONG THE WEST PROPERTY LINE OF EAGLE SCOUT PARK TO THE SOUTHWEST CORNER OF
VETERANS BALLFIELD COMPLEX; THENCE EASTERLY ALONG THE SOUTHERN PROPERTY LINE OF SAID
COMPLEX TO THE SOUTHEAST CORNER (MOST EASTERLY POINT); THENCE EXTENDING EASTERLY TO
THE CENTERLINE OF BROADWELL AVENUE N; THENCE SOUTHERLY ALONG SAID CENTERLINE OF
BROADWELL AVENUE N TO THE POINT OF BEGINNING.
UNIQUE CONDITIONS TO THE STUDY AREA
A portion of this describe area is currently outside the corporate limits of the city. In order for this
specific area to be declared as blighted and substandard, the City Council will need to annex
the property into the corporate limits.
The area is currently owned by the State of Nebraska and is considered part of the Nebraska
Veterans Home property. Currently the ground contains crops but would likely meet the urban
and suburban test. If this property does not become annexed and declared blighted and
substandard, it will be very difficult to declare this area such as a standalone
Grand Island Council Session - 4/23/2019 Page 204 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 4
Figure 1
Study Area Map
Source: Marvin Planning Consultants 2014
Area currently outside
the Grand Island
corporate limits
Grand Island Council Session - 4/23/2019 Page 205 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 5
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community, and
produce a number of impacts that either benefit or detract from the community. Because of
this, the short and long-term success and sustainability of the community is directly contingent
upon available resources utilized in the best manner given the constraints the City faces during
the course of the planning period. Existing patterns of land use are often fixed in older
communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas compared
to the total developed land; and finally, the third set of data compare the all land uses to the
total area within the Study Area.
The Study Area is predominately residential and undeveloped areas, including an area of
agricultural ground (needing to be annexed). Residential ground made up 59.0% of the
developed area and 20.5% of the total study area. However, vacant/agricultural land made up
65.3% of the total study area. Transportation related uses were 34.9% of the developed area and
12.1% of the total study area.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2014
Type of Use Acres Percent of
Developed land
within the Study
Area
Percent of
Study Area
Residential 116.5 59.0%20.5%
Single-family 53.26 27.0%9.4%
Multi-family 63.24 32.0%11.1%
Manufactured Housing 0 0.0%0.0%
Commercial 0 0.0%0.0%
Industrial 0.00 0.0%0.0%
Quasi-Public/Public 11.98 6.1%2.1%
Parks/Recreation 0 0.0%0.0%
Transportation 68.87 34.9%12.1%
Total Developed Land 197.35 100.0%
Vacant/Agriculture 371.74 65.3%
Total Area 569.09 100.0% Source: 2014 Grand Island Blight Study Area 16, Marvin Planning Consultants
Grand Island Council Session - 4/23/2019 Page 206 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 6
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 207 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 7
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the Eligibility Report examines the conditions found in the study area. The Findings
Section will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online.
There are a number of conditions that will be reviewed in detail, on the following pages, while
some of the statutory conditions are present, other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures that are 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note that the age of structure was
determined from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of 339 primary structures. After researching the structural
age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
• 254 (74.9%) units were determined to be 40 years of age or older
• 85 (25.1%) units were determined to be less than 40 years in age
The age of the structures would be a direct contributing factor.
Figure 3
Unit Age Map
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 208 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 8
Structural Conditions
Where structural conditions were evaluated, structures were either rated as: Good, Average,
Fair, or badly worn. The data and rating system comes from the Hall County Assessor’s database
and is the same database used to value properties in the area. In addition, our team had to
make some assumptions on the Central Nebraska Veterans Home and Legion/VFW Building
since they are not addressed by the Assessor’s office.
Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
• 30 (8.8%) structures rated as good
• 277 (81.7%) structures rated as average
• 31 (9.2%) structures rated as fair
• 1 (0.3%) structure rated as badly worn
Based upon these data, an assumption has been made that average condition and less would
constitute less than desirable conditions due to age and conditions. It is common that that older
a structure gets the more maintenance and upkeep are required in order to maintain a good or
higher condition. Even an average structure will show some signs of deteriorating which in turn
can become a dilapidated structure in the future if it is not addressed over time.
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structure is a contributing factor.
Figure 4
Structural Conditions
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 209 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 9
Sidewalk Conditions
The sidewalk conditions were analyzed in the Study Area. The
sidewalks were rated on four categories; adequate,
deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 53,535 lineal feet of
sidewalk possible. After reviewing the conditions in the field, the
following is how the sidewalk conditions breakdown within the
study area:
• 13,738 (25.7%) lineal feet of adequate sidewalk
• 22,832 (42.6%) lineal feet of deteriorating sidewalk
• 16,965 (31.7%) lineal feet of no sidewalk.
• There was no sidewalk deemed to be dilapidated.
Overall, 74.3% of the sidewalks are in either a deteriorating state
or completely missing. Missing sidewalk is as bad as dilapidated
or deteriorating sidewalk since there is no safe place to walk
other than across someone else’s property or in the street. The
safest sidewalks appeared to be along routes that ran north and
south and directly connected into the Senior High School, just
outside the study area. See Figure 5 for the locations of these
sidewalks.
Due to the large amount of deteriorating and missing sidewalk,
the sidewalk conditions would be a direct contributing factor.
Street Conditions
The street conditions were analyzed in the Study Area. The
streets were also rated on four categories; adequate,
deteriorating, dilapidating, and missing completely. The
following is the breakdown for the area.
Within the study area there is approximately 42,562 lineal feet of
street. After reviewing the conditions in the field, the following is
how the street conditions breakdown within the corporate limits:
• 5,795 (13.6%) lineal feet of adequate street
• 25,714 (60.4%) lineal feet of deteriorating street
• 11,053 (26.0%) lineal feet of dirt/gravel/unimproved streets.
• There was no street deemed to be dilapidated.
Overall, 86.4% of the streets are in either a deteriorating state or
were paved with dirt/gravel, thus an obsolete material for an
urban area. See Figure 6 for the locations of these streets.
Due to the large amount of deteriorating and missing street, the
street conditions would be a direct contributing factor.
Grand Island Council Session - 4/23/2019 Page 210 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 10
Figure 5
Sidewalk Conditions
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 211 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 11
Figure 6
Street Conditions
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 212 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 12
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in
neighborhoods. Their primary functions is to be a barrier that
collects and directs water to be drained away. On a secondary
level, they can help define where the streets start and stop, and
they act as a physical barrier between pedestrian and vehicular
traffic.
Curb and gutter for the Study Area were examined similarily to
streets and sidewalks. The curb and gutter will be graded as
either adequate, deteriorating, dilapidated, or missing. In
addition, curb and gutter will be examined based upon their
location, within the incorporated area or within the county
industrial park.
Within the study area there is approximately 54,408 lineal feet of
curb and gutter possible. After reviewing the conditions in the
field, the following is how the curb and gutter conditions
breakdown within the corporate limits:
• 8,043 (14.8%) lineal feet of adequate curb and gutter
• 27,953 (51.4%) lineal feet of deteriorating curb and gutter
• 18,412 (33.8%) lineal feet of no curb and gutter or rural
section.
• There was no curb and gutter deemed to be dilapidated.
In total, 85.2% of the curb and gutters are in either a
deteriorating state or are missing. See Figure 7 for the locations of
these curb and gutter.
Due to the large amount of deteriorating and missing curb and
gutter, the curb and gutter conditions would be a direct
contributing factor.
Grand Island Council Session - 4/23/2019 Page 213 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 13
Figure 7
Curb and Gutter Conditions
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 214 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 14
Deterioration of site or other improvements
Throughout this Area, there is a large portion of sidewalk that is
either deteriorating or missing. In addition, a large portion of the
curb and gutter has been determined to be either deteriorating
or missing.
Finally, the area has a large amount of deteriorating streets. The
streets have been patched over and over due to large amounts
of cracking that has been occurring in the pavement.
There are numerous apartment complexes within the study area
and nearly all of them have driveways and parking areas that
are deteriorating and in some need of repair. In addition the
parking areas and driveways within the Central Nebraska
Veterans Home and the Legion/VFW have issues with
deteriorating pavement.
Based upon the field analysis, there are sufficient elements
present to meet the definition of deterioration of site and other
improvements in the Study Area.
Grand Island Council Session - 4/23/2019 Page 215 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 15
Figure 8
Deterioration of Site or Other Improvements
Source: Marvin Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 216 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 16
Dangerous conditions to life or property due to fire or other causes
The conditions within this study area are not the typical “Dangerous conditions to and property
due to fire or other causes” but they are being deemed relevant in this study. Within the study
area there are four major transportation issues that can be dangerous, these are Capital
Avenue, Old Nebraska Highway 2, US Highway 281, and the Burlington Northern Santa Fe (BNSF)
Railroad mainline. All of these bisect the study area and all are relatively close to one another. In
addition, the proximity in which all of these converge are in a very narrow area which can and
does create congestion and hazardous conditions.
The major thoroughfares create potential hazards regarding the walkability and “bicycle ability”
of the area. The railroad line creates the potential for derailments and potential spills, including
hazardous conditions which can be dangerous to life and/or property.
Based upon the field analysis, there are sufficient elements present to meet the definition of
dangerous conditions within the Study Area.
Figure 9
Dangerous conditions to life or property due to fire or other causes
Source: Marvin
Planning Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 217 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 17
Improper Platting or Obsolete Platting
The majority of this area was platted, especially south of Capital Avenue, in the late 1800’s and
early 1890’s as the city began to grow. The vast number of the lots, as they are platted today,
will be difficult to redevelop.
Over the years, lots south of Capital Avenue have been allowed to reconfigure, combine
together, or split apart into a fraction of the original layout. Even though they create some issues
with platting, they are not as critical as the following areas:
• The land north of Capital Avenue given to the State of Nebraska for the Central Nebraska
Veterans Home over 100 years ago
• The configuration of land around old Nebraska Highway 2, the BNSF and Broadwell
intersections.
Based upon the review of the plat of the area, there are sufficient elements present to meet the
definition of improper platting or obsolete platting within the Study Area.
Figure 10
Dangerous conditions to life or property due to fire or other causes
Source: Marvin Planning
Consultants, 2014
Grand Island Council Session - 4/23/2019 Page 218 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 18
Diversity of Ownership
After reviewing the information on the Hall County Assessor’s website, the study area was found
to have 100’s of different property owners. In order for future redevelopment to occur it may
require some of these tracts to get into common ownership.
Based upon the fact, so many individuals, corporations, etc. own property in this area, it is
determined that the high diversity of property ownership could easily be a barrier to
redevelopment.
Combination of factors which are impairing and/or arresting sound growth
Within this study area there are a number of factors that are impairing or arresting sound growth.
A couple of these include:
• The location of the Central Nebraska Veteran’s Home
• The carrying capacity of Capital Avenue
• The BNSF Railroad mainline
• Old Nebraska Highway 2
• The inability to construct grade separated intersections between Broadwell Avenue, old
Nebraska Highway 2 and the BNSF railroad mainline.
• Large tract of undeveloped (agricultural ground) that is surrounded by the corporate limits
and development considered to be urban and suburban in character.
Based upon the review of the area, there are sufficient elements present to meet the definition
of combination of factors which are impairing and/or arresting sound growth within the Study
Area.
BBlliigghhttiinngg SSuummmmaarryy
These conditions are contributing to the blighted conditions of the study area.
Average age of structures is over 40 years of age
o Within the Study Area 74.9% of the structures meet the criteria of 40 years of age or older.
Substantial number of deteriorating structures
o 91.2% of the structures identified within the Study Area, were deemed to be in a state less
than good as defined by the Hall County Assessor’s Office.
Deterioration of site or other improvements
o 74.3% of sidewalk was either in a deteriorated state or missing from properties in the area.
o 26.0% of the public streets and alleys were gravel or dirt.
o 60.4% of the streets in the area were showing signs of deterioration.
o 33.8% of the area had rural section (drainage ditches and no curb and gutter)
o 51.4% of the curb and gutter areas were showing signs of deterioration.
o Several properties in the study area have gravel parking areas, deteriorating parking lots,
and/or deteriorating driveways.
Dangerous conditions to life or property due to fire or other causes
o Major highways and carrying capacity
o BNSF railroad
o Intersection of BNSF, Broadwell Avenue, and old Nebraska Highway 2
Improper Subdivision or obsolete platting
Diversity of ownership
Combination of factors which are impairing and/or arresting sound growth
The other criteria for Blight were not present in the area, these included:
• Unsanitary / Unsafe conditions
• Defective/Inadequate street layouts,
Grand Island Council Session - 4/23/2019 Page 219 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 19
• Faulty lot layout,
• Defective or unusual condition of title,
• Economic or social liability detrimental to health, safety and welfare,
• Conditions provision of housing accommodations,
• One-half of unimproved property is over 40 years old,
• Inadequate provisions for ventilation, light, air, open spaces or sanitation
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
Grand Island Council Session - 4/23/2019 Page 220 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • August 2014 Page 20
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition. Note that the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of 339 structures. After researching the structural age on the
Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
• 254 (74.9%) units were determined to be less than 40 years of age
• 85 (25.1%) units were determined to be 40 years of age or older
There is a predominance of units 40 years of age or older.
SSuubbssttaannddaarrdd SSuummmmaarryy
Nebraska State Statute requires “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to
the public health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion with the average age of the structures being
more than 40 years of age. In addition, the area meets the criteria for the existence of
conditions which endanger life or property by fire and other causes.
FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##1166
Blight Study Area #16 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
• Average age of structures is over 40 years of age
• Substantial number of deteriorating structures
• Deterioration of site or other improvements
• Dangerous conditions to life or property due to fire or other causes
• Improper Subdivision or obsolete platting
• Diversity of ownership
• Combination of factors which are impairing and/or arresting sound growth
Substandard Conditions
• Average age of the structures in the area is at least forty years.
• Existence of conditions which endanger life or property by fire and other causes.
Grand Island Council Session - 4/23/2019 Page 221 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item H-3
Consideration of Forwarding Blighted and Substandard Area #29
(South of Wildwood and East of U.S. Highway 281) to the Hall
County Regional Planning Commission (Station 31, LLC)
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 222 / 270
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:April 23, 2019
Subject:Proposed Blighted and Substandard Area #29
Presenter(s):Chad Nabity, Director Grand Island CRA
Background
Enclosed you will find a copy of a Substandard and Blight Study as prepared for Station
31 LLC by Marvin Planning Consultants. This study is approximately 33.18 acres of
property in southern Grand Island south of Wildwood Drive and east of U.S. Highway
281 including the former Lewis Greenscape property. The study as prepared and
submitted indicates that this property could be considered blighted and substandard. The
full study is attached for your review and consideration.
Station 31 LLC has submitted this study for the review and consideration of the Grand
Island City Council as permitted by Nebraska law. The decision on whether to declare an
area blighted and substandard is entirely within the jurisdiction of the City Council with a
recommendation from the Planning Commission. If the study is approved it is anticipated
that an application for Tax Increment Financing would follow.
The question before Council will be whether to send the study to the Planning
Commission for its review and feedback. If the item is not sent to the Planning
Commission, the Council cannot declare the area blighted and substandard. Planning
Commission will meet June 5, and would have a recommendation ready following that
meeting.
Once an area has been declared blighted and substandard, the CRA can accept
redevelopment proposals for the area. This designation may help Grand Island continue
its growth towards Interstate 80 along the 281 corridor.
Discussion
The action item tonight relates to the study for proposed CRA Area No. 28 in southern
Grand Island as shown below. The study was prepared for 31.18 acres, some of which are
in the Grand Island City Limits and it is anticipated that all of the property will be in the
City Limits prior to approval of this designation.
Grand Island Council Session - 4/23/2019 Page 223 / 270
Grand Island City Attorney Jerry Janulewicz has reviewed the Nebraska Statutes and case
law pertaining to the declaration of property as blighted and substandard. His comments
on this application are as follows:
The statutes which provide for the creation of a redevelopment area or redevelopment
project within a redevelopment area require the following procedure:
A request is made to the city council to declare an area to be substandard and blighted
and in need of development for purposes of enabling the creation of a redevelopment area
or a redevelopment project within a redevelopment area.
The city council submits the question of whether an area is substandard and blighted to
the planning commission for its review and recommendation prior to making its
declaration that an area is substandard and blighted.
The planning commission must hold a public hearing and submit its written
recommendations within 30 days holding a public hearing on the request.
Upon receipt of the recommendations from the planning commission the city council may
make its findings and declaration with respect to the property within an area.
Unless the city council of the city in which such area is located has, by resolution adopted
after a public hearing with notice, declared such area to be a substandard and blighted
area in need of redevelopment, the Community Redevelopment Agency cannot prepare a
redevelopment plan for a redevelopment project area.
Following a declaration that an area is substandard and blighted, the Community
Redevelopment Agency is authorized to prepare or cause to be prepared and recommend
Grand Island Council Session - 4/23/2019 Page 224 / 270
redevelopment plans to the governing body of the city and to undertake and carry out
redevelopment projects within its area of operation and may enter into contracts with
redevelopers of property containing covenants, restrictions, and conditions regarding the
use of such property for residential, commercial, industrial, or recreational purposes or
for public purposes in accordance with the redevelopment plan and such other covenants,
restrictions, and conditions as the authority may deem necessary to prevent a recurrence
of substandard and blighted areas or to effectuate the purposes of the Community
Development Law, and to provide grants, loans, or other means of financing to public or
private parties in order to accomplish the rehabilitation or redevelopment in accordance
with a redevelopment plan. Within the area of operation of the Community
Redevelopment Authority, the authority may exercise its statutory powers with respect to
the redevelopment project.
Neb. Rev. Stat. §§ 18-2107; 18-2109.
As stated in Fitzke v. City of Hastings, 582 N.W.2d 301 (Neb. 1998):
A CRA is not authorized to prepare a redevelopment plan for a redevelopment
project area unless the governing body of the city first enacts a resolution
declaring such area to be “a substandard or blighted area in need of
redevelopment.” § 18–2109. After such a declaration has been made and a
redevelopment plan has been prepared and approved, a CRA is authorized to
enter into contracts with redevelopers of property containing covenants,
restrictions, and conditions regarding the use of such property for residential,
commercial, industrial, or recreational purposes or for public purposes in
accordance with the redevelopment plan and such other covenants, restrictions,
and conditions as the [CRA] may deem necessary to prevent a recurrence of
substandard or blighted areas ... and to provide grants, loans, or other means of
financing to public or private parties in order to accomplish the rehabilitation or
redevelopment in accordance with a redevelopment plan.§ 18–2107(4). The CRA
may utilize tax increment financing to pay for redevelopment projects undertaken
pursuant to the CDL. § 18–2124.
“Under this statutory scheme, a private development project would be eligible for tax increment
financing only if it is included within an area which has previously been declared blighted or
substandard and is in furtherance of an existing redevelopment plan for that area. The declaration
of property as blighted or substandard is not simply a formality which must be met in order to
assist a private developer with tax increment financing; it is the recognition of a specific public
purpose which justifies the expenditure of public funds for redevelopment.” Fitzke, id, citing
Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979). The
legislative intent underlying the Community Development Law is the elimination of blighted and
substandard areas and to prevent the reoccurrence of blight through a cooperative effort of the
public and private sectors, not to aid private developers. Fitzke, id.
At this point, Council is only making a decision about whether to forward the study to the
Planning Commission for its recommendation or not. According to NRSS §18-2109, it is
clear that the Planning Commission must hold a public hearing and have the opportunity
to review the Blight Study prior to Council declaring the property substandard and
blighted. If Council wishes to consider a declaration of substandard and blight, State
Grand Island Council Session - 4/23/2019 Page 225 / 270
Statute requires that the question of whether an area is substandard and blighted is
submitted to the Planning Commission for hearing, review and recommendation.
Blighted Area of the Community
The city of Grand Island, as a City of the First Class, is permitted to designate an area of
up to 35% of the municipal limits as blighted and substandard. As of April 1, 2019,
20.11% of the City has been declared blighted and substandard. Area 16 would add 569
acres to the total of blighted and substandard property and would, if approved, add 2.96%
to the total area declared blighted and substandard bringing the total to 23.07%. The 31
acres of proposed area 29 also under consideration for referral would add 0.17% bringing
the total to 23.24%. Proposed Area 28 (Conestoga Mall) would add another 0.41%
bringing the total area declared to 23.65%. Both area 16 and 29 will include property that
will be annexed by the City Limits so those number will drop slightly.
It does not appear that the declaration of Area 16 would significantly impact the City’s
ability to declare other areas blighted and substandard.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to forward the Study to the Planning Commission for its
recommendation.
2.Move to not forward the Study to the Planning Commission for its
recommendation.
3.Refer the issue to a committee.
4.Postpone the issue to future date.
5.Take no action on the issue.
Recommendation
City Administration recommends that the Council move to forward the study to the
Planning Commission if Council wishes to consider the use of Tax Increment
Financing as a redevelopment tool for this property.
Sample Motion
Move to forward the Study to the Planning Commission for their review and
recommendation.
Grand Island Council Session - 4/23/2019 Page 226 / 270
City of Grand Island, NE
Blight and Substandard Study
Area #29
March 2019
Grand Island Council Session - 4/23/2019 Page 227 / 270
Grand Island Council Session - 4/23/2019 Page 228 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 1
PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within a specific part of Grand Island. Station 31, LLC commissioned the study to analyze the
possibility of declaring the area as blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, look at those
issues and definitions provided for in the Nebraska Community Redevelopment Law as found in
Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of the Community Development Law, shall afford
maximum opportunity, consistent with the sound needs of the city as a whole, to the
rehabilitation or redevelopment of the community redevelopment area by private
enterprises. The governing body of a city shall give consideration to this objective in
exercising its powers under the Community Development Law, including the
formulation of a workable program, the approval of community redevelopment
plans consistent with the general plan for the development of the city, the exercise
of its zoning powers, the enforcement of other laws, codes, and regulations, relating
to the use of land and the use and occupancy of buildings and improvements, the
disposition of any property acquired, and the providing of necessary public
improvements.”
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for the formulation of a workable program; disaster assistance; effect. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas,
or to undertake such of the aforesaid activities or other feasible municipal activities
as may be suitably employed to achieve the objectives of such workable program.
Such workable program may include, without limitation, provision for the prevention
of the spread of blight into areas of the municipality which are free from blight
through diligent enforcement of housing, zoning, and occupancy controls and
standards; the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion, providing parks, playgrounds,
and other public improvements by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or deteriorating structures;
and the clearance and redevelopment of substandard and blighted areas or
portions thereof.”
“Notwithstanding any other provisions of the Community Development Law, where
the local governing body certifies that an area is in need of redevelopment or
rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other
catastrophe respecting which the Governor of the state has certified the need for
disaster assistance under federal law, the local governing body may approve a
redevelopment plan and a redevelopment project with respect to such area without
regard to the provisions of the Community Development Law requiring a general
plan for the municipality and notice and public hearing or findings other than herein
set forth.”
Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply:
“Blighted area means an area (a) which, by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility,
or usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
improper subdivision or obsolete platting, or the existence of conditions which
Grand Island Council Session - 4/23/2019 Page 229 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 2
endanger life or property by fire and other causes, or any combination of such
factors, substantially impairs or arrests the sound growth of the community, retards
the provision of housing accommodations, or constitutes an economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present
condition and use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
state or national average; (ii) the average age of the residential or commercial units
in the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the
area is lower than the average per capita income of the city or village in which the
area is designated; or (v) the area has had either stable or decreasing population
based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city
as blighted, a city of the second class shall not designate an area larger than fifty
percent of the city as blighted, and a village shall not designate an area larger than
one hundred percent of the village as blighted. A redevelopment project involving a
formerly used defense site as authorized under section 18-2123.01 shall not count
towards the percentage limitations contained in this subdivision;”
“Extremely blighted area means a substandard and blighted area in which: (a) The
average rate of unemployment in the area during the period covered by the most
recent federal decennial census is at least two hundred percent of the average rate
of unemployment in the state during the same period; and (b) the average poverty
rate in the area exceeds twenty percent for the total federal census tract or tracts or
federal census block group or block groups in the area;”
“Substandard area means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare; and”
“Workforce housing means:
(a) Housing that meets the needs of today's working families;
(b) Housing that is attractive to new residents considering relocation to a rural community;
(c) Owner-occupied housing units that cost not more than two hundred seventy-five
thousand dollars to construct or rental housing units that cost not more than two
hundred thousand dollars per unit to construct. For purposes of this subdivision (c),
housing unit costs shall be updated annually by the Department of Economic
Development based upon the most recent increase or decrease in the Producer Price
Index for all commodities, published by the United States Department of Labor, Bureau
of Labor Statistics;
(d) Owner-occupied and rental housing units for which the cost to substantially
rehabilitate exceeds fifty percent of a unit's assessed value; and
(e) Upper-story housing.”
This Blight and Substandard Study is Blighted and Substandard Area 28. The Study is intended to
give the Grand Island Community Redevelopment Authority, Hall County Regional Planning
Commission and Grand Island City Council the basis for identifying and declaring Blighted and
Substandard conditions are existing within the City’s jurisdiction and as allowed under Chapter
18. Through this process, the City and property owners will attempt to address economic and/or
social liabilities which are harmful to the well-being of the entire community.
Grand Island Council Session - 4/23/2019 Page 230 / 270
£¤281
W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKA
AREA 29 BLIGHT STUDYSTUDY AREA MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 02.18.2019
0 150 30075Feet
1 " = 150 feet
¯
LEGEND
Blight Study Area
FIGURE 1
Grand Island Council Session - 4/23/2019 Page 231 / 270
£¤281
W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYEXISTING LAND USE MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 02.18.2019
0 150 30075Feet
1 " = 150 feet
¯
LEGEND
FIGURE 2
Existing Land Use
Agricultural
Single Family Residential
Commercial
Vacant
Transportation
Blight Study Area
Grand Island Council Session - 4/23/2019 Page 232 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 5
Figure 1 shows the study area of this report. A Redevelopment Plan to be submitted in the future
containing, by law, definite local objectives regarding appropriate land uses, improved traffic,
public transportation, public utilities, and other public improvements, and the proposed land
uses and building requirements in the redevelopment area and shall include:
• The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
• A list of the conditions present, which qualify the area as blighted and substandard.
Through the redevelopment process, the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this
report will contain, in accordance with the law, definite local objectives regarding appropriate
land uses, improved traffic, public transportation, public utilities and other public improvements,
and the proposed land uses and building requirements in the redevelopment area and shall
include:
• The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
• A list of the conditions present, which qualify the area as blighted and substandard.
BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this area include agricultural,
residential, and commercial uses. The study area is bounded on the west by US Highway 281.
Through the redevelopment process the developer and City of Grand Island can guide future
development and redevelopment throughout the area. The use of the Community
Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area.
Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination
of negative conditions and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
Entire NW1/4 NW1/4 of 8-10-9 excluding the tract referred to as Washington TWP PT NW 1/4 NW
1/4 327' X 539' 8-10-9 4.05 AC and 2.27 AC dedicated to highway right-of-way; plus, the
corresponding right-of-way along Wildwood Drive West.
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community and
produce a number of impacts that either benefit or detract from the community. Because of
this, the short and long-term success and sustainability of the community is directly contingent
upon available resources utilized in the best manner given the constraints the City faces during
the course of the planning period. Existing patterns of land use are often fixed in older
communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
Grand Island Council Session - 4/23/2019 Page 233 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 6
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas compared
to the total developed land; and finally, the third set of data compare the all land uses to the
total area within the Study Area.
The Study Area is predominately undeveloped, including agricultural ground (needing to be
annexed). Residential ground made up 21.0% of the developed area and 3.2% of the total study
area. However, vacant/agricultural land made up 85.0% of the total study area. Transportation
related uses were 16.2% of the developed area and 2.4% of the total study area.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2019
Type of Use Acres Percent of
Developed land
within the Study
Area
Percent of
Study Area
Residential 1.05 21.0%3.2%
Single-family 1.05 21.0%3.2%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 3.13 62.7%9.4%
Industrial 0.00 0.0%0.0%
Quasi-Public/Public 0 0.0%0.0%
Parks/Recreation 0 0.0%0.0%
Transportation 0.81 16.2%2.4%
Total Developed Land 4.99 100.0%
Vacant/Agriculture 28.19 85.0%
Total Area 33.18 100.0% Source: 2019 Grand Island Blight Study Area 29, Marvin Planning Consultants
Grand Island Council Session - 4/23/2019 Page 234 / 270
281
W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYSTRUCTURECONDITIONS MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019
0 150 30075Feet
1 " = 150 feet
LEGEND
FIGURE 3
Blight Study Area
Structure Condition
Average
Grand Island Council Session - 4/23/2019 Page 235 / 270
CITY OF GRAND ISLAND, NEBRASKA
AREA 29 BLIGHT STUDYSIDEWALK CONDITION MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019
0 150 30075Feet
1 " = 150 feet
LEGEND
FIGURE 4
Sidewalk Conditions
Missing
Blight Study Area
Grand Island Council Session - 4/23/2019 Page 236 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 9
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the Eligibility Report examines the conditions found in the study area. The Findings
Section will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online.
There are a number of conditions that will be reviewed in detail, on the following pages, while
some of the statutory conditions are present, others are not.
Structural Conditions
Where structural conditions were evaluated, structures were either rated as: Good, Average,
Fair, or badly worn. The data and rating system come from the Hall County Assessor’s database
and is the same database used to value properties in the area. There is a total of three structures
located in the study area.
Based upon the data, the following is the breakdown for structures in the study area:
• 0 (0.0%) structures rated as good
• 3 (100.0%) structures rated as average
• 0 (0.0%) structure rated as badly worn
• 0 (0.0%)
Based upon these data, an assumption
has been made that average condition
and less would constitute less than
desirable conditions due to age and
conditions. It is common that that older a
structure gets the more maintenance and
upkeep are required in order to maintain
a good or higher condition. Even an
average structure will show some signs of
deteriorating which in turn can become a
dilapidated structure in the future if it is
not addressed over time.
Due to the stated conditions found in the
Hall County Assessor’s data, the condition
of the structure is a contributing factor.
Sidewalk Conditions
The sidewalk conditions were analyzed in
the Study Area. The sidewalks are rated
on four categories; adequate,
deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 1,790 lineal feet of sidewalk possible along
Wildwood Drive West. After reviewing the conditions in the field, the following is how the sidewalk
conditions breakdown within the study area:
• 0 (0.0%) lineal feet of good sidewalk
• 0 (0.0%) lineal feet of adequate sidewalk
• 0 (0.0%) lineal feet of deteriorating sidewalk
• 1,790 (100%) lineal feet of no sidewalk.
Overall, there is no sidewalk in the study area; plus, sidewalk to is not anywhere within the
surrounding area.
Grand Island Council Session - 4/23/2019 Page 237 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 10
Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would
be a direct contributing factor.
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary
functions is to be a barrier to collect and direct water to be drained away. On a secondary
level, they can help define where the streets start and stop, and they act as a physical barrier
between pedestrian and vehicular traffic.
Curb and gutter for the Study Area were examined similarily to sidewalks. Curb and gutter are
graded as either adequate, deteriorating, dilapidated, or missing.
Within the study area there is approximately 1,790 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, no curb and gutter was found. The drainage system in
place is referred to rural section. Rural section is considered adequate in some rural applications
but not typically in more urban settings.
• 0 (0.0%) lineal feet of good curb and gutter
• 0 (0.0%) lineal feet of adequate curb and gutter
• 0 (0.0%) lineal feet of deteriorating curb and gutter
• 1,790 (100.0%) lineal feet of no curb and gutter or rural section.
In total, 100.0% of drainage was rural section and there is no curb and gutters present.
Due to the large amount of rural section drainage and a lack of curb and gutter, this would be a
direct contributing factor.
Improper Platting or Obsolete Platting
The area has actually had minimal platting in the past. Two of the three tracts, the residential
tract and the larger agricultural tract do not have right-of-way platted along Wildwood Drive
West. Therefore, only ½ of the required right-of-way is present along the north edge of the study
area.
Figure 5
Improper Platting or Obsolete Platting
Source: Marvin Planning Consultants, 2019
Based upon the review of the plat of the area, there are sufficient elements present to meet the
definition of improper platting or obsolete platting within the Study Area.
Grand Island Council Session - 4/23/2019 Page 238 / 270
CITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYCURB & GUTTERCONDITION MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019
0 150 30075Feet
1 " = 150 feet
LEGEND
FIGURE 6
Curb & Gutter Conditions
Missing
Blight Study Area
Grand Island Council Session - 4/23/2019 Page 239 / 270
281
W Wildwood DriveJuregen RdCITY OF GRAND ISLAND, NEBRASKAAREA 29 BLIGHT STUDYSTRUCTURE AGE MAP
PROJECTION: NE State Plane (Ft.)DATUM: NAD 83DATE: 03.11.2019
0 150 30075Feet
1 " = 150 feet
LEGEND
FIGURE 7
Blight Study Area
Structure Age
Less than 40 Years
40 Years or Older
Grand Island Council Session - 4/23/2019 Page 240 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 13
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2019
Year Built
Number of
Structures Age Cumulative Age
1950 1 68 68
1972 1 47 115
1993 1 26 141
Totals 3 141 141
Average Age/Structure 47.0 years
Source: Hall County Assessor’s Office/MPC 2019
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data. Table 2 indicates the
cumulative approach to average age. Based upon Table 2, there are three primary structures
which have a cumulative age of 141 years, or an average of 47.0 years.
Within the study area there is a total of three primary structures. After researching the structural
age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
• 2 (66.7%) units were determined to be 40 years of age or older
• 1(33.3%) units were determined to be less than 40 years in age
The age of the structures would be a direct contributing factor.
Criteria under Part A of the Blight Definition
• Substantial number of deteriorating structures
o Within the study are 100.0% of the structures were deemed to be in either average, badly
worn or worn out condition.
• Deterioration of site or other improvements
o There is no public sidewalk in the study area.
o 100.0% of the area is rural section (drainage ditches and no curb and gutter)
o Several properties in the study area have deteriorating parking lots, and/or deteriorating
driveways.
• Improper Subdivision or Obsolete Platting
o Two of the three properties still extend to the northside of Wildwood Drive West and the
roadway is within an easement versus being dedicated right-of-way.
Criteria under Part B of the Blight Definition
• The average age of the residential or commercial units in the area is at least forty years
o 2 (66.7%) buildings or improvements were determined to be 40 years of age or older
o 1 (33.3%) buildings or improvements were determined to be less than 40 years of age
o The average age based upon a cumulative age calculation is 47.0 years.
The other criteria for Blight were not present in the area
• Dangerous conditions to life or property due to fire or other causes
• Diversity of Ownership
• Unsanitary / Unsafe conditions
• Combination of factors which are impairing and/or arresting sound growth
• Defective/Inadequate street layouts,
• Faulty lot layout,
• Defective or unusual condition of title,
Grand Island Council Session - 4/23/2019 Page 241 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 14
• Economic or social liability detrimental to health, safety and welfare,
• Conditions provision of housing accommodations,
• One-half of unimproved property is over 40 years old,
• Inadequate provisions for ventilation, light, air, open spaces or sanitation
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
Grand Island Council Session - 4/23/2019 Page 242 / 270
Blight and Substandard Study
City of Grand Island, Nebraska • March 2019 Page 15
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Average age of residential and commercial units can be a contributing factor to the
substandard conditions in an area. Statutes allow for a predominance of structures 40 years of
age or older to be a contributing factor regardless of their condition. The following paragraphs
document the average age of residential and commercial units within the Study Area. Note the
age of structure was determined from the Appraisal data within the Hall County Assessor’s
website data. Table 3 indicates the cumulative approach to average age. Based upon Table 3,
there are three primary structures which have a cumulative age of 141 years, or an average of
47.0 years.
TABLE 3: AVERAGE STRUCTURAL AGE, BY METHOD - 2019
Year Built
Number of
Structures Age Cumulative Age
1950 1 68 68
1972 1 47 115
1993 1 16 131
Totals 3 141 141
Average Age/Structure 47.0 years
Source: Hall County Assessor’s Office/MPC 2019
Within the study area there is a total of three primary structures. After researching the structural
age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
• 2 (66.7%) units were determined to be 40 years of age or older
• 1(33.3%) units were determined to be less than 40 years in age
The age of the structures would be a direct contributing factor.
SSuubbssttaannddaarrdd SSuummmmaarryy
Nebraska State Statute requires “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to
the public health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion with the average age of the residential and
commercial units being more than 40 years of age. In addition, the area meets the criteria for
the existence of conditions which endanger life or property by fire and other causes.
FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##2299
Blight Study Area #29 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Criteria under Part A of the Blight Definition
• Substantial number of deteriorating structures
• Deterioration of site or other improvements
• Improper Subdivision or Obsolete Platting
Criteria under Part B of the Blight Definition
• The average age of the residential or commercial units in the area is at least forty years
Substandard Conditions
• Average age of the structures in the area is at least forty years.
Grand Island Council Session - 4/23/2019 Page 243 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item I-1
#2019-148 - Consideration of Approving Resignation, Separation
Agreement and General Release of Brent Clark as City
Administrator
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 4/23/2019 Page 244 / 270
Council Agenda Memo
From:Mayor Roger Steele
Meeting:April 23, 2019
Subject:Resignation, Separation Agreement and General Release
of Brent Clark as City Administrator
Presenter(s):Mayor Roger Steele
Background
According to Article III – Appointed and Hired Officials, Section 2-30 Officers;
Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, appointed
officers may be removed at any time by the mayor with approval of a majority of the city
council.
Discussion
Grand Island Mayor, Roger Steele and City Administrator, Brent Clark agree that
differences have arisen in their respective management styles. Due to these differences,
both parties desire to terminate the employment agreement. In spirit of a fair and
equitable separation, and as required by Sections 4.2 through 4.3.6 of Mr. Clark’s
Employment Agreement with the City, a Resignation, Separation Agreement and General
Release has been prepared for Council consideration.
According to Grand Island City Code Section 2-30, I am requesting approval of the
Resignation, Separation Agreement and General Release of Brent Clark as City
Administrator.
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 - 4/23/2019 Page 245 / 270
Recommendation
The Mayor recommends City Council approve the Resignation, Separation Agreement
and General Release of Brent Clark as City Administrator.
Sample Motion
Move to approve the Resignation, Separation Agreement and General Release of Brent
Clark as City Administrator.
Grand Island Council Session - 4/23/2019 Page 246 / 270
Grand Island Council Session - 4/23/2019 Page 247 / 270
Grand Island Council Session - 4/23/2019 Page 248 / 270
Grand Island Council Session - 4/23/2019 Page 249 / 270
Grand Island Council Session - 4/23/2019 Page 250 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-148
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for
the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, appointed Brent
Clark to the position of City Administrator beginning March 1, 2019; and
WHEREAS, due to differences in management style, Mr. Clark wishes to explore
other opportunities; and
WHEREAS, the Mayor and Brent Clark have mutually agreed to a Separation
Agreement ending Mr. Clark’s employment as City Administrator with the City of Grand Island,
Nebraska effective April 23, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Separation Agreement for
Brent Clark as City Administrator with the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 251 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item I-2
#2019-149 - Consideration of Approving Amendment to the
Redevelopment Plan for CRA No. 1 located at 221-223 West Third
Street – Greenburgers Building (Wald Properties, LLC)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/23/2019 Page 252 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-149
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: to acquire, rehabilitate and reconstruct the Greenburgers
Building 221-223 W 3rd Street in Grand Island for commercial and residential uses. 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 - 4/23/2019 Page 253 / 270
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.
c.The Mayor and City Clerk are authorized and directed to execute and file or cause
to be filed with the Treasurer and Assessor of Hall County, Nebraska, an
Grand Island Council Session - 4/23/2019 Page 254 / 270
3
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, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 255 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item I-3
#2019-150 - Consideration of Approving FY 2019-2020 Annual
Budget for Fonner Park Business Improvement District and
Setting Date for Board of Equalization
Staff Contact: Patrick Brown, Finance Director
Grand Island Council Session - 4/23/2019 Page 256 / 270
Council Agenda Memo
From:Patrick Brown, Finance Director
Meeting:April 23, 2019
Subject:Approving FY 2019-2020 Annual Budget for Fonner
Park Business Improvement District and setting Date for
Board of Equalization
Presenter(s):Patrick Brown, Finance Director
Background
On February 14, 2017, the City Council adopted Ordinance #9622 creating the Fonner
Park Business Improvement District (BID). The creating ordinance established the
purpose of the District, described the boundaries, and established that real property in the
area would be subject to a special assessment to support the purposes of the District. The
creating Ordinance requires that a proposed budget for the District be approved by the
BID Board and forwarded to the City Council for consideration. On April 16, 2019 the
Fonner Park BID Board met and approved the 2019-2020 Budget which provides for
special assessments in the amount of $59,388 or $12/front foot.
Discussion
The reformation of the Fonner Park BID that occurred in 2017 created the Fonner Park
BID as a perpetual entity. Where, in the past, it had to be renewed in 3 year terms. A
secondary result of the perpetual formation is that the creation of the district as it exists
today took longer than usual and resulted in the special assessments for the district being
levied “off-cycle” from the City Budget. This misaligned the collection of funds from
when the funding is needed. It also leads to confusion when discussing the budget with
the BID board and public. The proposed fix to this is for the Fonner Park BID to levy
their special assessment for what is effectively an 18 month time period, which is why the
requested amount is higher than it would usually be. The Fonner Park BID is also using
some of their cash reserves to lessen the impact on the members of their district. If the
2019-2020 special assessment is approved then the next special assessment for the district
will not occur until October of 2020.
In this district, assessments are paid by property owners based on the front footage of the
property. Owners are billed for the assessment after approval by City Council sitting as
the Board of Equalization on May 28, 2019. The budgeted assessments of $59,388 will
Grand Island Council Session - 4/23/2019 Page 257 / 270
be charged to property owners in the district based on their front footage. The BID pays
the City a fee of $1,200 for accounting services. A copy of the proposed 2019-2020
budget is attached for review.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the proposed Budget for the Fonner Park BID and set the date for the
Board of Equalization.
2.Modify the budget and/or reschedule the Board of Equalization.
Recommendation
City Administration recommends that the Council approve the proposed Budget for the
Fonner Park BID and set the date of May 28, 2019 for the Board of Equalization. Notice
of the Hearing and proposed assessments will be published according to State Statutes.
Sample Motion
Move to approve the 2018-2019 Budget for the Fonner Park BID and set the date of May
28, 2019 for the Board of Equalization.
Grand Island Council Session - 4/23/2019 Page 258 / 270
2018-2019 2019-2020
Budget Budget
ASSESSMENT PER FRONT FOOTAGE $10.00 $12
Front Footage 4949 4,949
$49,490 $59,388
REVENUE 94011413
Account
Planned Carry Over from 2018/2019 $34,000
74140 Special Asessments $49,490 $59,388
74787 Interest Revenue
74795 Other Revenue
TOTAL REVENUE $49,490 $93,388
APPROPRIATIONS
Account
85213 Contract Services $37,500 $57,500
85245 Printing & Binding Services $100 $100
85249 Snow & Ice Removal $2,500 $2,500
85305 Utility Services $5,000 $10,000
85319 Repair & Maint - Land Improve.$2,500 $6,500
85413 Postage $250 $250
85416 Advertising
85419 Legal Notices $440 $500
85490 Other Expenditures
85505 Office Supplies $100 $100
85560 Trees and Shrubs $1,000 $2,000
85590 Other General Supplies $100 $100
TOTAL OPERATING EXPENSE $49,490 $79,550
ANNUAL EXCESS/(LOSS)$0 $13,838
Fonner Park BID
Grand Island Council Session - 4/23/2019 Page 259 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-150
WHEREAS, the City Council has considered the proposed budget of the Fonner
Park Business Improvement District for their fiscal year 2019-2020; and
WHEREAS, the City has received the front footage amounts for the individual
properties within the Fonner Park Business Improvement District as shown in the office of the
Hall County Assessor in effect on the first day of January, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The budget for the Fonner Park Business Improvement District is hereby
considered.
2.A proposed assessment schedule shall be prepared.
3.A hearing before the City Council sitting as a Board of Equalization on the
proposed assessments shall be held on May 28, 2019 at 7:00 p.m. in the City
Council chambers of City Hall 100 East First Street, Grand Island NE.
4.Notice of hearing shall be published once each week for three consecutive weeks
in accordance with the Business Improvement District Act.
5.Notice of hearing shall be mailed to all property owners of the Fonner Park
Business Improvement District by U.S. Mail, postage prepaid
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 260 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item I-4
#2019-151 - Consideration of Approving FY 2019-2020 Annual
Budget for South Locust Business Improvement District and
Setting Date for Board of Equalization
Staff Contact: Patrick Brown, Finance Director
Grand Island Council Session - 4/23/2019 Page 261 / 270
Council Agenda Memo
From:Patrick Brown, Finance Director
Meeting:April 23, 2019
Subject:Approving FY 2019-2020 Annual Budget for South
Locust Business Improvement District and setting Date
for Board of Equalization
Presenter(s):Patrick Brown, Finance Director
Background
On February 14, 2017, the City Council adopted Ordinance #9623 creating the South
Locust Business Improvement District (BID). The creating ordinance established the
purpose of the District, described the boundaries, and established that real property in the
area would be subject to a special assessment to support the purposes of the District. The
creating Ordinance requires that a proposed budget for the District be approved by the
BID Board and forwarded to the City Council for consideration. On April 17, 2019 the
South Locust BID Board met and approved the 2019-2020 Budget which provides for
special assessments in the amount of $139,849.50 or $14.25/front foot.
Discussion
The reformation of the South Locust BID that occurred in 2017 created the South Locust
BID as a perpetual entity. Where, in the past, it had to be renewed in 3-year terms. A
secondary result of the perpetual formation is that the creation of the district as it exists
today took longer than usual and resulted in the special assessments for the district being
levied “off-cycle” from the City Budget. This misaligned the collection of funds from
when the funding is needed. It also leads to confusion when discussing the budget with
the BID board and public. The proposed fix to this is for the South Locust BID to levy
their special assessment for what is effectively an 18 month time period, which is why the
requested amount is higher than it would usually be. The Board also requested that
payments are not noted as delinquent until 120 days after the Board of Equalization has
levied them. If the 2019-2020 special assessment is approved then the next special
assessment for the district will not occur until October of 2020.
In this district, assessments are paid by property owners based on the front footage of the
property. Owners are billed for the assessment after approval by City Council sitting as
the Board of Equalization on May 28, 2019. The budgeted assessments of $139,849.50
Grand Island Council Session - 4/23/2019 Page 262 / 270
will be charged to property owners in the district based on their front footage. The BID
pays the City a fee of $1,800 for accounting services. A copy of the proposed 2019-2020
Budget is attached for review.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the proposed Budget for the South Locust BID and set the date for
the Board of Equalization.
2.Modify the budget and/or reschedule the Board of Equalization.
Recommendation
City Administration recommends that the Council approve the proposed Budget for the
South Locust BID and set the date of May 28, 2019 for the Board of Equalization. Notice
of the Hearing and proposed assessments will be published according to State Statutes.
Sample Motion
Move to approve the 2018-2019 Budget for the South Locust BID and set the date of
May 28, 2019 for the Board of Equalization.
Grand Island Council Session - 4/23/2019 Page 263 / 270
South Locust BID
2019-2020 Budget 2018-2019 2019-2020
April 1, 2019-September 30, 2020 Budget Budget
Front Footage 9,814 9,814
$9.25 $14.25
Budgeted Revenue $90,779 $139,850
REVENUE 94011412
Planned Carry Over $29
74140 Special Assessments $90,779 $139,850
74787 Interest Revenue
74795 Other Revenue (Grant funding) $50,000
$90,779 $189,879
APPROPRIATIONS
Account
85213 Contract Services $50,000 $90,000
85245 Printing & Binding Services
85249 Snow & Ice Removal $3,000 $3,000
85290 Other Professional & Technical
85305 Utility Services $8,000 $16,000
85319 Repair & Maintenance - Land Improv $22,500 $55,500
85325 Repair & Maintenance - M & E
85390 Other Property Services
85413 Postage $250 $250
85416 Advertising
85419 Legal Notices $500 $1,000
85490 Other Expenditures $1,000 $1,000
85505 Office Supplies
85560 Trees & Shrubs $4,000 $4,000
85590 Other General Supplies
85608 Land Improvements $1,500 $19,000
TOTAL OPERATING EXPENSE
$90,750 $189,750
ANNUAL EXCESS/(LOSS) $29 $129
Grand Island Council Session - 4/23/2019 Page 264 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-151
WHEREAS, the City Council has considered the proposed budget of the South
Locust Business Improvement District for their fiscal year 2019-2020; and
WHEREAS, the City has received the front footage amounts for the individual
properties within the South Locust Business Improvement District as shown in the office of the
Hall County Assessor in effect on the first day of January, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The budget for the South Locust Business Improvement District is hereby
considered.
2.A proposed assessment schedule shall be prepared.
3.A hearing before the City Council sitting as a Board of Equalization on the
proposed assessments shall be held on May 28, 2019 at 7:00 p.m. in the City
Council chambers of City Hall 100 East First Street, Grand Island NE.
4.Notice of hearing shall be published once each week for three consecutive weeks
in accordance with the Business Improvement District Act.
5.Notice of hearing shall be mailed to all property owners of the South Locust
Business Improvement District by U.S. Mail, postage prepaid
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 265 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item I-5
#2019-152 - Consideration of Approving Additional Budget to
Maintain the Veterans Home Cemetery
Staff Contact: Todd McCoy
Grand Island Council Session - 4/23/2019 Page 266 / 270
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:April 23, 2019
Subject:Consideration of Approving Additional Budget to
Maintain the Veterans Home Cemetery
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
The Grand Island Veterans Home, originally known as the Nebraska Soldiers and Sailors
Home, opened in 1887. Today, the property consists of multiple buildings, the Veterans
Cemetery on the southwest corner, the United Veterans Club on the southeast corner of
the site, the Veterans Athletic Complex on the northeast corner, and agricultural land.
The State determined a new home should be built in Kearney and earlier this year
Veterans Home operations were moved from Grand Island.
It has been proposed that the State will convey the Veterans Home Cemetery to City to
maintain.
Discussion
To maintain the Veterans Home Cemetery the Parks and Recreation Department is
requesting approval to hire one (1) six month seasonal cemetery worker ($12,320.00),
purchase a new 60” mower ($12,500.00), 20’ tilt bed trailer ($8,500.00), and additional
annual operations budget ($14,160.00). The total budget requested is $47,480.00.
Account Description Amount
10044405-85105 Seasonal Staff $ 12,320
10044405-85305 Utilities $ 5,000
10044405-85317 Natural Gas $ -
10044405-85324 Building Repairs $ -
10044405-85325 Mechanical Repairs $ 1,020
10044405-85335 Equipment Repairs $ 1,400
10044405-85350 Sanitation Service $ -
10044405-85390 Other Property Services $ 500
10044405-85419 Legal Notices $ 225
10044405-85428 Travel and Training $ -
10044405-85465 Uninsured Loss $ 100
10044405-85505 Office Supplies $ -
Grand Island Council Session - 4/23/2019 Page 267 / 270
10044405-85535 Chemical Supplies $ 2,900
10044405-85540 Small Tools and Parts $ 250
10044405-85547 Materials $ 1,715
10044405-85590 Supplies $ 1,050
STAFF & OPERATING TOTAL $ 26,480
ZTR Mulching Mower 60" $ 12,500
20' Tilt Bed Trailer $ 8,500
CAPITAL TOTAL $ 21,000
TOTAL $47,480.00
Maintenance of the Veterans Home Cemetery requires mowing, weed-eating, fertilizing,
weed and pest control, aeration, dumping trash containers, litter pickup, general facility
repairs, equipment maintenance, tree and landscape care, irrigation operation and repairs,
etc. The Finance Department plans to use income generated from the Veterans Home
property farming leases to offset the expense of maintaining the cemetery.
At this time the Parks and Recreation Department is not planning for future new burials
at the Veterans Home Cemetery with exception of individuals included on the “reserved”
list previously provided by the State of Nebraska.
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 City Council approve one (1) six month
seasonal cemetery worker ($12,320.00), purchase a new 60” mower ($12,500.00), 20’ tilt
bed trailer ($8,500.00), and additional annual operations budget ($14,160.00). The total
budget requested is $47,480.00 to maintain the Veterans Home Cemetery.
Sample Motion
Move to approve the additional budget to maintain the Veterans Home Cemetery.
Grand Island Council Session - 4/23/2019 Page 268 / 270
Approved as to Form ¤ ___________
April 19, 2019 ¤ City Attorney
R E S O L U T I O N 2019-152
WHEREAS, the State of Nebraska plans to convey the Veterans Home Cemetery
to City to maintain; and
WHEREAS, maintenance of the Veterans Home Cemetery requires mowing,
weed-eating, fertilizing, weed and pest control, aeration, dumping trash containers, litter pickup,
general facility repairs, equipment maintenance, tree and landscape care, irrigation operation and
repairs, etc.; and
WHEREAS, to maintain the Veterans Home Cemetery the Parks and Recreation
Department is requesting approval to hire one (1) six month seasonal cemetery worker
($12,320.00), purchase a new 60” mower ($12,500.00), 20’ tilt bed trailer ($8,500.00), and
additional annual operations budget ($14,160.00). The total budget requested is $47,480.00; and
WHEREAS, the Finance Department plans to use income generated from the
Veterans Home property farming leases to offset the expense of maintaining the cemetery; and
WHEREAS, at this time the Parks and Recreation Department is not planning for future
new burials at the Veterans Home Cemetery with exception of individuals included on the
“reserved” list previously provided by the State of Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, approve the addition of one (1) six month seasonal
cemetery worker ($12,320.00), purchase a new 60” mower ($12,500.00), 20’ tilt bed trailer
($8,500.00), and additional annual operations budget ($14,160.00).
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/23/2019 Page 269 / 270
City of Grand Island
Tuesday, April 23, 2019
Council Session
Item J-1
Approving Payment of Claims for the Period of April 10, 2019
through April 23, 2019
The Claims for the period of April 10, 2019 through April 23, 2019 for a total amount of $4,643,645.36.
A MOTION is in order.
Staff Contact: Patrick Brown
Grand Island Council Session - 4/23/2019 Page 270 / 270