11-26-2019 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 26, 2019
Council Session Agenda
City Council:
Jason Conley
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Clay Schutz
Justin Scott
Mark Stelk
Mayor:
Roger G. Steele
City Administrator:
Jerry Janulewicz
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street, Grand Island, NE 68801
Grand Island Council Session - 11/26/2019 Page 1 / 159
City of Grand Island Tuesday, November 26, 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 - Bishop Duane Fuller, Church of Jesus Christ of Latter-day
Saints, 212 West 22nd Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 11/26/2019 Page 2 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item E-1
Public Hearing on Acquisition of Public Right-of-Way in the NE
Quarter of Section 23, Township 11 North, Range 10 W & in the
NW Quarter of Section 23, Township 11 North, Range 10 W- W of
North Road/ South of Old Potash Highway (Parcel No. 400200929
& No. 400475308- Eric M & Kenda D Pollock)
Council action will take place under Consent Agenda item G-5.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/26/2019 Page 3 / 159
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 26, 2019
Subject:Public Hearing on Acquisition of Public Right-of-Way in
the NE Quarter of Section 23, Township 11 North, Range
10 W & in the NW Quarter of Section 23, Township 11
North, Range 10 W- W of North Road/ South of Old
Potash Highway (Parcel No. 400200929 & No.
400475308- Eric M & Kenda D Pollock)
Presenter(s):John Collins PE, Public Works Director
Background
Public Works Engineering staff is working on the design of the Moore’s Creek Drainage
Ditch to extend drainage to the southwest and to serve current areas as well as the
proposed US Highway 30 realignment project. A potential route is shown on the attached
exhibit.
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council.
Discussion
Public right-of-way is needed from Eric M. and Kenda D. Pollock, on the eastern portion
of parcel No. 400200929, shown on the attached exhibit. The property owner has signed
the necessary document to grant the property, as shown on the attached drawing.
Engineering staff of the Public Works Department negotiated with the property owner for
such purchase.
Property Owner Legal Description Amount
Eric M. and
Kenda D. Pollock-
Parcel No. 400200929
A TRACT OF LAND LOCATED IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION
23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH
P.M., HALL COUTNY, NEBRASKA, BEING DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
THE NORTHEAST QUARTER OF SAID SECTION 23;
THENCE S01o08’13”E (ASSUMED BEARING) ON THE EAST
LINE OF SAID NORTHEAST QUARTER OF THE
$220,825.00
Grand Island Council Session - 11/26/2019 Page 4 / 159
NORTHEAST QUARTER, A DISTANCE OF 954.05 FEET;
THENCE S89o28’15”W PARALLEL WITH AND 80.00 FEET
DISTANT FROM THE NORTH LINE OF A TRACT OF LAND
AS DESCRIBED AND RECORDED IN INSTRUMENT NO. 97-
109582, AND RECORDED IN THE OFFICE OF THE
REGISTER OF DEEDS FOR HALL COUNTY, NEBRASKA, A
DISTANCE OF 412.90 FEET; THENCE N01o08’13”W
PARALLEL WITH AND 412.90 FEET DISTANT FROM SAID
EAST LINE, A DISTANCE OF 954.00 FEET TO THE NORTH
LINE OF SAID NORTHEAST QUARTER OF THE
NORTHESAT QUARTER; THENCE N89o27’48”E ON SAID
NORTH LINE, A DISTANCE OF 412.90 FEET TO THE POINT
OF BEGINNING, CONTAINING 9.04 ACRES, MORE OR
LESS, WHICH INCLUDES 1.01 ACRES, MORE OR LESS, OF
CURRENTLY OCCUPIED PUBLIC ROAD RIGHT-OF-WAY.
Eric M. and
Kenda D. Pollock-
Parcel No. 400475308
A TRACT OF LAND LOCATED IN THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER AND THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,
ALL IN SECTION 23, TOWNSHIP 11 NORTH, RANGE 10
WEST OF THE SIXTH P.M., HALL COUTNY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 23;
THENCE S89o16’47” W (ASSUMED BEARING) ON THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 23, A
DISTANCE OF 34.89 FEET TO THE SOUTHWEST CORNER
OF A TRACT OF LAND AS DESCRIBED AND RECORDED
IN INSTRUMENT NO. 201508859, AND RECORDED IN THE
OFFICE OF THE REGISTER OF DEEDS FOR HALL COUNTY,
NEBRASKA; THENCE N01o04’39”W ON THE WEST LINE OF
SAID TRACT OF LAND, A DISTANCE OF 80.00 FEET;
THENCE N89o16’47”E PARALLEL WITH AND 80.00 FEET
DISTANT FROM SAID SOUTH LINE, A DISTANCE OF 34.90
FEET TO THE WEST LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER; THENCE
N89o16’26”E PARALLEL WITH AND 80.00 FEET DISTANT
FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER, A DISTANCE OF 1238.31
FEET TO THE WEST LINE OF A TRACT OF LAND AS
DESCRIBED AND RECORDED IN INSTRUMENT NO.
201300044, AND RECORDED IN THE OFFICE OF THE
REGISTER OF DEEDS FOR HALL COUNTY, NEBRASKA;
THENCE S01o05’45”E ON THE WEST LINE OF SAID TRACT
OF LAND, PARALLEL WITH AND 80.00 FEET DISTANT
FROM THE EAST LINE OF SAID SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER, A DISTANCE OF 80.00
FEET TO SAID SOUTH LINE; THENCE S89o16’26”W ON
SAID SOUTH LINE, A DISTANCE OF 1238.34 FEET TO THE
POINT OF BEGINNING, CONTAINING 2.33 ACRES, MORE
OR LESS.
$64,075.00
Grand Island Council Session - 11/26/2019 Page 5 / 159
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the public right-of-way from Eric M. and Kenda D. Pollock, in the amounts
shown above.
Sample Motion
Move to approve.
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SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST GRAND ISLAND, NEBRASKARIGHT OF WAY ACQUISITIONENGLEMAN ROAD OLD POTASH HIGHWAYGrand IslandCouncil Session - 11/26/2019Page 7 / 159
CITY COUNTIL EXHIBIT
GRAND ISLAND, NEBRASKA
MOORE'S CREEK ALIGNMENT & US HIGHWAY 30 REALIGNMENT
N
EXISTING HIGHWAY 30 ALIGNMENT
NEW HIGHWAY 30 REALIGNMENT
MOORE'S CREEK ALIGNMENT
Grand Island Council Session - 11/26/2019 Page 8 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item E-2
Public Hearing on Amendment to the Redevelopment Plan for
CRA No. 2 located South of Husker Highway and West of Locust
Street (Bosselman Pump and Pantry, Inc.)
Council action will take place under Resolutions item I-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/26/2019 Page 9 / 159
Council Agenda Memo
From:Chad Nabity, AICP
Meeting:November 26, 2019
Subject:Site Specific Redevelopment Plan for CRA Area #2
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2000, the Grand Island City Council declared property referred to as CRA Area 2 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, and adjacent public streets. TIF can also be used for improvements to and
expansion of existing infrastructure including but not limited to: streets, water, sewer,
drainage.
Bosselman Pump and Pantry Inc. has submitted an application for tax increment
financing to aid in the redevelopment of property to prepare for the construction of a
latest generation Pump and Pantry store south of U.S. Highway 34 and west of Locust
Street. Staff has prepared a redevelopment plan for this property consistent with the TIF
application.
The CRA reviewed the proposed development plan on October 9, 2019 and forwarded it
to the Hall County Regional Planning Commission for recommendation at their meeting
on November 6, 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 November 6, 2019. The Planning Commission approved
Resolution 2020-02 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island. The CRA approved Resolution 324 forwarding the redevelopment plan
along with the recommendation of the planning commission to the City Council for
consideration.
Grand Island Council Session - 11/26/2019 Page 10 / 159
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 #2 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 and expansion of
infrastructure including but not limited to: streets, water, sewer, drainage, along with
acquisition and site development costs as allowed by state statute to provide for
commercial development of this site for a Pump and Pantry store. The cost benefit
analysis included in the plan finds that this project meets the statutory requirements for as
eligible TIF project and that it will not negatively impact existing services within the
community or shift additional costs onto the current residents of Grand Island and the
impacted school districts. 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 $506,184.
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 - 11/26/2019 Page 11 / 159
Redevelopment Plan Amendment
Grand Island CRA Area 2
October 2019
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 2 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific housing related project in Area 2.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY AT 3436 S LOCUST STREET AND THE
SUBSEQUENT SITE WORK, UTILITY IMPROVEMENTS, ENGINEERING,
LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR
DEVELOPMENT OF THIS PROPERTY FOR A NEW LATEST GENERATION
PUMP AND PANTRY CONVENIENCE STORE.
The use of Tax Increment Financing (TIF) to aid in the acquisition of property, necessary
site work and installation of public utilities and utility connections and private street and
drainage improvements necessary to develop this site. The use of TIF makes it feasible to
complete the proposed project within the timeline presented. This project would not be
considered at this time and location without the use of TIF. Financing for the project is
contingent on TIF
The acquisition, site work and construction of all improvements will be paid for by the
developer. The developer is responsible for and has provided evidence that they can
secure adequate debt financing to cover the costs associated with the acquisition, site
work and remodeling. The Grand Island Community Redevelopment Authority (CRA)
intends to pledge the ad valorem taxes generated over the 15 year period beginning
January 1, 2021 towards the allowable costs and associated financing for the acquisition
and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located between Locust Street on the east and Tri Street on the west and
between Lake Street on the south and U.S. Highway 34 (Husker Highway) on the north
in southern Grand Island, the attached map identifies the subject property and the
surrounding land uses:
Legal Description Lot 2 of Kings Crossing Subdivision in the City of
Grand Island, Hall County Nebraska
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Existing Land Use
Grand Island Council Session - 11/26/2019 Page 13 / 159
This plan amendment provides for the issuance TIF Notes, the proceeds of which
will be granted to the Redeveloper. The tax increment will be captured for up to 15
tax years the payments for which become delinquent in years 2021 through 2035
inclusive or as otherwise dictated by the contract.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the construction of new
commercial space on this property.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution, the
Authority hereby provides that any ad valorem tax on any Lot or Lots located in the
Redevelopment Project Area identified from time to time by the Redeveloper (such Lot
or Lots being referred to herein as a "Phase") as identified in a written notice from the
Redeveloper to the Authority (each, a "Redevelopment Contract Amendment Notice") for
the benefit of any public body be divided for a period of fifteen years after the effective
date of this provision as set forth in the Redevelopment Contract Amendment Notice and
reflected in a Redevelopment Contract Amendment, consistent with this Redevelopment
Plan. Said taxes shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
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.
Grand Island Council Session - 11/26/2019 Page 14 / 159
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 September 13, 1999.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (26)
(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 acquire the necessary property and provide the necessary site work,
utilities and street improvements needed for the construction of a permitted use on this
property. The Hall County Regional Planning Commission held a public hearing at their
meeting on November 6, 2019 and passed Resolution 2020-02 confirming that this
project is consistent with the Comprehensive Plan for the City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(26) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area 2 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority. The applicant will be acquiring the property from the current owner. It is
further anticipated that the owner will sell a portions of this property to other entities for
further development..
b. Demolition and Removal of Structures:
The project to be implemented with this plan will not require demolition of any existing
structures. Structures on this site were demolished more than 10 years ago and the
property has been sitting undeveloped since that time.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for commercial development. [§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 - 11/26/2019 Page 15 / 159
City of Grand Island Future Land Use Map
Grand Island Council Session - 11/26/2019 Page 16 / 159
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned B2 General Business zone. No zoning changes are necessary. No
changes are anticipated in street layouts or grades. No changes are anticipated in
building codes or ordinances. Nor are any other planning changes contemplated. [§18-
2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing the newest generation of Pump and Pantry convenience store
at this location. The proposed development will be limited to either the 65% coverage
allowed in the B2 zoning district. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Connections for water and
sewer will have to be extended to serve these lots.
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 amendment does not
provide for acquisition of any residences and therefore, no relocation is
contemplated. [§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]
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 is proposing to purchase this property for redevelopment for $1,009,285
provided that TIF is available for the project as defined. The cost of property acquisition
is being included as a TIF eligible expense. Costs for site preparation including, grading
and fill is estimated at $100,000. Utility extensions, storm water, sewer electrical and
water are estimated at $49,000, Building plans and engineering are expected to cost
$90,000. An additional $11,500 of expenses for legal work, fees and financial tracking of
Grand Island Council Session - 11/26/2019 Page 17 / 159
this project are also included as eligible expenses for a total maximum TIF request of
$1,259,785. It is estimated based on the proposed increased valuation to $1,770,262 will
result in $510,426 of increment generated over a 15 year period. This project should pay
off prior to the end of the 15 year bond period..
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 not less than $510,426 from the proceeds of the
TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. This indebtedness will be repaid from
the Tax Increment Revenues generated from the project. TIF revenues shall be made
available to repay the original debt and associated interest according to the approved
contract.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
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, in
that it will allow for the utilization of vacant property at this location. This lot is
surrounded located at a major intersection is south east Grand Island. The property has
been within a blighted area for more than 20 years and has been vacant for more than 10
years without development. This will have the intended result of preventing recurring
elements of unsafe buildings and blighting conditions.
Grand Island Council Session - 11/26/2019 Page 18 / 159
8. Time Frame for Development
Development of this project is anticipated to be completed between Fall of 2020 and
Summer of 2021. Excess valuation should be available for this project for 15 years
beginning with the 2021 tax year.
9. Justification of Project
This is infill development in an area with all city services available. It was anticipated by
many that this area of the community would flourish after the Locust Street interchange
from I-80 opened and Wal-Mart built at one corner of this intersection in 2004. Since
that that time there has been very little change in the area. Proposed projects like this one
and the housing project to the north and east area likely to spur the development that was
expected 12 years ago.
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
project, including:
Project Sources and Uses. A minimum of $510,426 in public funds from tax increment
financing provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This investment by the Authority will leverage
$3,310,657 in private sector financing and investment; a private investment of $6.49 for
every TIF dollar investment. It is estimated this will pay off in 15 years.
Grand Island Council Session - 11/26/2019 Page 19 / 159
Use of Funds. Source of Funds
Description TIF Funds Private
Funds
Total
Site Acquisition $506,184 $503,101 $1,009,285
Utilities $49,000 $49,000
Public Sidewalks $15,000 $15,000
Site preparation/Dirt Work $100,000 $100,000
Financing Fees $20,000 $20,000
Legal and Plan $8,500 $8,500
Architecture/Engineering/Permitting $90,000 $90,000
Building Costs $1,957,056 $1,957,056
Developer Fees $3,000 $3,000
Contingency $165,000 $165,000
Personal Property $400,000 $400,000
TOTALS $506,184 $3,310,657 $3,816,841
Tax Revenue. The property to be redeveloped is has a January 1, 2019, valuation of
approximately $259,560. Based on the 2019 levy this would result in a real property tax of
approximately $7,059. It is anticipated that the assessed value will increase by $1,510,702 upon
full completion, as a result of the site redevelopment. This development will result in an
estimated tax increase of over $33,746 annually resulting in approximately $506,184 of increment
over the 15 year period. The tax increment gained from this Redevelopment Project Area would
not be available for use as city general tax revenues, for a period of 15 years, or such shorter time
as may be required to amortize the TIF bond, but would be used for eligible private
redevelopment costs to enable this project to be realized.
Estimated 2019 assessed value:$ 259,560
Estimated value after completion $ 1,770,262
Increment value $ 1,510,702
Annual TIF generated (estimated)$ 33,746
TIF bond issue $ 506,184
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $259,560.
The proposed extension improvements at this location will result in at least an additional
$1,510,702 of taxable valuation based on the Hall County Assessor’s office evaluation of
the project. 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. The project
will not add any tax burdens to taxing entities. Therefore no tax shifts will occur.
Grand Island Council Session - 11/26/2019 Page 20 / 159
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed uses at this site would compete for entry level and part time positions along
with similar travel and entertainment type businesses located in and locating in the City.
(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 is unlikely to have an impact on other employers and employees within
the city.
(e) Impacts on the student population of school districts within the city or village;
and
This project is unlikely to create any direct increase in cost for schools in the area.
(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 will utilize a piece of property in the Grand Island City Limits that has been
vacant for at least more than 10 years. This corner was included in one of the original
blight studies for the City of Grand Island because of the development that was located
here and because it is a highly visible entrance corner. These facilities will complement
Fonner Park, the State Fair Grounds, Heartland Event Center, Island Oasis, and similar
civic tourist draws.
Time Frame for Development
Development of this project is anticipated to be completed during between Fall 2020 and
Summer of 2021. The base tax year should be calculated on the value of the property as
of January 1, 2020. Partial excess valuation should be available for this project for 15
years beginning with the 2020 tax year with the full valuation available for the 2021 tax
year. 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.
Based on the purchase price of the property and estimates of the expenses of utilities,
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streets and site preparation activities and associated engineering/design fees, the
developer will spend upwards of $1,260,000 on TIF eligible activities. The full amount
of TIF generated over a 15 year period would be $506,184.
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With TIF Without TIF
Gross Revenue 5,077,956 5,077,956
Gross Margin 977,809 977,809
Wages & Benefits 231,047 231,047
Utilities 50,780 50,780
Insurance 5,586 5,586
Repairs 25,390 25,390
Professional Fees 1,016 1,016
Franchise Fees 2,539 2,539
Computer Expenses 4,570 4,570
Advertising 12,695 12,695
Contracted Services 27,929 27,929
Supplies 15,234 15,234
Fees 82,771 82,771
RE Taxes 7,059 40,805
PP Taxes 7,779 7,779
Misc Exp 3,555 3,555
Administrative Expense 233,586 233,586
Dep Exp - Building (25 Years)95,702 95,702
Dep Exp - RE Improv (15 Years)1,000 1,000
Dep Exp - FF & E (7 Years)57,143 57,143
Interest Expense 100,744 100,744
966,123 999,869
Net Income 11,686 (22,060)
Adjustments :
Depreciation 153,845 153,845
Principal on Debt (70,221) (70,221)
Net Cash Disbursements 95,311 61,565
Bosselman Pump & Pantry
King's Crossing Property
First 12 Months of Operation
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City of Grand Island
Tuesday, November 26, 2019
Council Session
Item E-3
Public Hearing on Amendment to the Redevelopment Plan for
CRA No. 17 located on 3 Lots West of Prairie View Street South of
Husker Highway (Prataria Ventures, LLC)
Council action will take place under Resolutions item I-3.
Staff Contact: Chad Nabity
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Council Agenda Memo
From:Chad Nabity, AICP
Meeting:November 26, 2019
Subject:Site Specific Redevelopment Plan for CRA Area #17
Presenter(s):Chad Nabity, AICP CRA Director
Background
In 2015, the Grand Island City Council declared property referred to as CRA Area 17 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, and adjacent public streets. TIF can also be used for improvements to and
expansion of existing infrastructure including but not limited to: streets, water, sewer,
drainage.
Prataria LLC has submitted an application for tax increment financing to aid in the
redevelopment of property to prepare for the construction of a three office buildings
across from the new hospital south of Husker Highway and west of Prairieview Street.
Staff has prepared a redevelopment plan for this property consistent with the TIF
application. This application will benefit the developer by providing funds needed to
complete the installation of streets, utilities and other public improvements needed to
support this development. The eventual owners of the buildings are not benefiting
directly from this application and will not be receiving any TIF payments. This is similar
to other developments like Copper Creek. Prataria will finance the necessary
improvements with the TIF so the property can be developed and sold.
The CRA reviewed the proposed development plan on October 9, 2019 and forwarded it
to the Hall County Regional Planning Commission for recommendation at their meeting
on November 6, 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 November 6, 2019. The Planning Commission approved
Resolution 2020-03 in support of the proposed amendment, declaring the proposed
amendment to be consistent with the Comprehensive Development Plan for the City of
Grand Island. The CRA approved Resolution 325 forwarding the redevelopment plan
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along with the recommendation of the planning commission to the City Council for
consideration.
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 #17 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 and expansion of
infrastructure including but not limited to: streets, water, sewer, drainage, along with site
development costs as allowed by state statute to provide for commercial development of
these sites for three office buildings. The cost benefit analysis included in the plan finds
that this project meets the statutory requirements for as eligible TIF project and that it
will not negatively impact existing services within the community or shift additional
costs onto the current residents of Grand Island and the impacted school districts. 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 $1,800,000.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the resolution
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
The CRA and Hall County Regional Planning Commission recommend that the Council
approve the Resolution necessary for the adoption and implementation of this plan.
Sample Motion
Move to approve the resolution as submitted.
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Redevelopment Plan Amendment
Grand Island CRA Area 17
October 2019
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 17 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific project in Area 17.
Executive Summary:
Project Description
PHASE 2 OF THE REDEVELOPMENT OF PROPERTY LOCATED SOUTH OF
HUSKER HIGHWAY AND WEST OF U.S. HIGHWAY 281 THE PROJECT SITE
CONSISTS OF 3 LOTS WITHING THE PRAIRIE COMMONS 3RD SUBDIVISION
IMMEDIATELY WEST OF THE NEW HOSPITAL.. THE PROJECT WILL CONSIST
OF SITE WORK AND GRADING TO PROMOTE AND ENHANCE DRAINAGE
ACROSS THE SITE, INTALLATION OF PUBLIC AND PRIVATE ROADS, SEWER,
WATER AND OTHER UTILITY INFRASTRUCTURE TO SUPPORT
DEVELOPMENT OF THE SITE. THIS PHASE OF THIS DEVELOPMENT WILL
CONSIST OF THE CONSTRUCTION 3 BUILDINGS FOR MULTIPLE USERS ON 3
LOTS. THE BUILDINGS ARE A COMBINATION OF 1 AND 2 STORY BUIDINGS
RANGING IN SIZE FROM 6400 SQUARE FEET TO 20,500 SQUARE FEET FOR
OFFICE USES.
The use of Tax Increment Financing to aid in necessary infrastructure and grading
improvements to redevelop the southwest corner of Husker Highway and U.S. Highway
281 currently platted as Prairie Commons Third Subdivision in the City of Grand Island.
The use of Tax Increment Financing is an integral part of the development plan and
necessary to make this project economically feasible. The first phase of this development
including the Hospital and Medical Office Building to the east of this site is currently
underway. It was anticipated when that project was approved that subsequent phases of
the remainder of the site would include housing, office space and retail development.
This second phase will extend the office development. The developer has indicated that
this development would not be considered nor financially feasible for at this location
without the use of TIF.
Prataria Ventures L.L.C., a wholly owned subsidiary of Chief Industries, Inc., owns the
subject property. Chief Industries was founded in 1954 and is headquartered in Grand
Island. The developer is responsible for and has provided evidence that they can secure
adequate debt financing to cover the costs associated with the site work and
redevelopment. The Grand Island Community Redevelopment Authority (CRA) intends
to pledge the ad valorem taxes generated over the 15 year period beginning January 1,
2021 towards the allowable costs.
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TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
Legal Descriptions: Lot 1 of Block 1, and Lots 2 and 3 of Block 2 of Prairie Commons
Third Subdivision in the City of Grand Island, Hall County, Nebraska.
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Existing Land Use and Subject Property
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This plan amendment provides for the issuance TIF Notes, the proceeds of which
will be granted to the Redeveloper. The tax increment will be captured for up to 15
tax years the payments for which become delinquent in years 2021 through 2034
inclusive or as otherwise dictated by the contract.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The incremental value for the first phase will be
created by the construction commercial/office buildings ranging in size from 6400
square feet to 20,500 square feet. This area is planned for commercial development
with the Grand Island Comprehensive Plan and is currently zoned RO Residential
Office, a variety of office and medical uses are permitted in this 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:
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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 June 9, 2015.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to rehabilitate the building for permitted uses on this property as defined by
the current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on November 6, 2019 and passed
Resolution 2020-03 confirming that this project is consistent with the Comprehensive
Plan for the City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This Redevelopment Plan for Area 17 does not anticipate real property acquisition by the
developer. There is no proposed acquisition by the authority.
b. Demolition and Removal of Structures:
The project does not provide for the demolition or removal of any existing structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. This property is
in private ownership and is planned for commercial uses [§18-2103(b) and §18-2111]. A
site plan of the area after the proposed redevelopment is also attached. [§18-2111(5)]
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City of Grand Island Future Land Use Map
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d. Changes to zoning, street layouts and grades or building codes or ordinances or other
Planning changes.
The property is currently platted as Prairie Commons Third Subdivision. The property
will be developed in substantial compliance with the existing plat. No changes in zoning
are anticipated for the expected uses.
No other planning changes contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to build on the site within the constraints allowed by the
current zoning districts. The RO zoning district would allow up to 75% coverage. [§18-
2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Sufficient capacity exists
within these systems to support this development at completion. Sewer, water will be
extended throughout the site. The developer will be responsible for engineering and
installation of all required utilities. Said utilities are expected to become part of the city
infrastructure and will be accepted into the city systems after construction and inspection.
Electric infrastructure will be extended throughout the site according to typical
commercial installation requirements. Natural gas and communications infrastructure
will be installed according to the agreements formed with the private companies that
provide those services. The City of Grand Island will secure all necessary easements for
utility infrastructure with the platting and development processes. [§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. No individuals or businesses
will be relocated due to this development. [§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 has any ownership interest in this property at this time.
Tom Gdowski, President of Equitable Bank and Krae Dutoit, President of the Gary
Thompson Insurance Agency are potential purchasers of office properties in this phase of
the development and abstained from voting on actions regarding this item.
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.
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The developer is showing a purchase price of this property of 1,147,000. The cost of
property acquisition is not included as a TIF eligible expense but is included in the
sources and uses of funds and overall investment calculations. Costs for site preparation
including, grading and fill is estimated at $211,500. Utility extensions, storm water,
sewer electrical and water are estimated at $536,000, Building plans and engineering are
expected to cost $595,000. The cost of public roads is $310,000 and private streets is
$222,600. An additional $30,000 of expenses for legal work, fees and financial tracking
of this project are also included as eligible expenses for a total maximum TIF request of
$1,905,100. It is estimated based on the proposed increased valuation to $8,199,624 will
result in $178,697 of increment generated annually. Based on a TIF Bond of $1,800,000
this project should pay off prior to the end of the 15 year period.
No property will be transferred to redevelopers by the Authority. The developer will
provide and secure all necessary financing.
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 $1,800,000 from the proceeds of the TIF
Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax
Increment Revenues generated from the project. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2021 through December
2034 or such term as identified within the approved contract with no portion to exceed a
term of 15 years. The developer will use the TIF Note to secure debt financing in an
amount not to exceed $1,800,000 to be paid to the note holder during the term of the
financing.
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
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transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
amendment, in and of itself will promote consistency with the Comprehensive Plan. This
will have the intended result of preventing recurring elements of blighted and substandard
conditions within the area.
8. Time Frame for Development
Development of this project is anticipated to be completed between December of 2019
and December of 2020. Excess valuation should be available for this project for 15 years
beginning with the 2021 tax year. This is the second phase of development of this
property and it is anticipated that additional projects will be brought forward for separate
consideration on other lots within this and adjacent subdivisions.
9. Justification of Project
Extension of utilities, substantial site grading and installation of streets are necessary to
facilitate redevelopment of this site. The redevelopment of this property by Prataria
Ventures, LLC, will result in increased employment opportunities. This is development
is a continuation of efforts to extend development south along U.S. Highway 281 toward
U.S. Interstate 80. The Grand Island City Council has made in the past made it clear
through previous decisions that they support development toward the I-80/281
interchange.
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
project, including:
Project Sources and Uses. A maximum of $1,800,000 in public funds from tax
increment financing provided by the Grand Island Community Redevelopment Authority
will be required to complete the project. This investment by the Authority will leverage
$11,632,000 in private sector financing and investment; a private investment of $6.46 for
every TIF dollar investment. It is estimated this will pay off in less than 15 years.
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Use of Funds.Source of Funds
Description TIF Funds Private Funds Total
Site Acquisition $1,147,000 $1,147,000
Utilities $536,000 $536,000
Public Streets $310,000 $310,000
Private Streets $117,500 $105,100 $222,600
Site preparation/Dirt Work $211,500 $211,500
Façade Enhancement $352,000 $352,000
Financing Fees $645,000 $645,000
Legal and Plan $30,000 $119,000 $149,000
Architecture/Engineering $595,000 $595,000
Building Costs $8,612,000 $8,612,000
Parking Lot $281,900 $281,900
Contingency $270,000 $270,000
Other $100,000 $100,000
TOTALS $1,800,000 $11,632,000 $13,432,000
Tax Revenue. The property to be redeveloped is has a January 1, 2019, valuation of
approximately $34,624. Based on the 2019 levy this would result in a real property tax of
approximately $773. It is anticipated that the assessed value will increase by $8,165,000 upon
full completion, as a result of the site redevelopment. This development will result in an
estimated tax increase of over $182,387 annually resulting in approximately $2,736,000 of
increment over the 15 year period. The tax increment gained from this Redevelopment Project
Area would not be available for use as city general tax revenues, for a period of 15 years, or such
shorter time as may be required to amortize the TIF bond, but would be used for eligible private
redevelopment costs to enable this project to be realized.
Estimated 2019 assessed value:$ 34,624
Estimated value after completion $ 8,199,624
Increment value $ 8,165,000
Annual TIF generated (estimated)$ 178,697
TIF bond issue $ 1,800,000
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $34,624. The
proposed extension improvements at this location will result in at least an additional
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$8,165,000 of taxable valuation based on the Hall County Assessor’s office evaluation of
the project. 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. The project
will not add any tax burdens to taxing entities. Therefore no tax shifts will occur.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed uses at this site would provide for expansion of office jobs within the and
compete with similar located in and locating in the City.
(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 is unlikely to have an impact on other employers and employees within
the city.
(e) Impacts on the student population of school districts within the city or village;
and
This project is unlikely to create any direct increase in cost for schools in the area.
(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 will continue growth along the 281 corridor in the direction of I-80.
Time Frame for Development
Development of this project is anticipated to be completed between Winter of 2019 and
Winter of 2020. The base tax year should be calculated on the value of the property as of
January 1, 2020. Excess valuation should be available for this project for 15 years
beginning in 2022 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 $1,800,000 the projected
amount of increment based upon the anticipated value of the project and current tax rate.
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Form Updated 7-25-2019cn Page | 1
BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name: Prataria Ventures, LLC
A wholly owned limited liability company of Chief Industries, Inc.
Address: 3942 W Old Highway 30 P.O. Box 2078
Grand Island, NE 68803 Grand Island, NE 68802
Telephone No.: 308-389-7200 Fax No.: 308-389-7352
Email: Chris.Wissing@chiefind.com
Contact: Chris Wissing
Direct: 308-389-7243
Brief Description of Applicant’s Business:
Prataria Ventures is the development business unit of Chief Industries. This
entity provides development services for projects. Prataria holds the real estate
holding for potential real estate and development investments, and is a premier
real estate developer in the Midwest providing innovative and progressive
developments through public and private partnerships. Our development
portfolio includes projects for public and private institutions as well as for our
own use. Our projects range from small properties to expansive developments
throughout diverse communities from small towns to metropolitan communities.
Chief Industries, Inc. is a diverse company headquartered in Grand Island.
Founded in 1954, Chief has been a community leader in Grand Island and
Central Nebraska and is a privately owned entity.
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Form Updated 7-25-2019cn Page | 2
Legal Description/Address of Proposed Project
Lot 1, Block 1, Prairie Commons Third Subdivision
Lot 2, Block 2, Prairie Commons Third Subdivision
Lot 3, Block 2, Prairie Commons Third Subdivision
Community Redevelopment Area Number #17
Present Ownership Proposed Project Site:
Prataria Ventures, LLC
C/O Chief Industries, Inc.
P.O. Box 2078
Grand Island, NE 68802
Is purchase of the site contingent on Tax Increment Financing Approval?
No
Proposed Project: Building square footage, size of property, description of
buildings – materials, etc. Please attach site plan, if available.
Building square footage: Three (3) buildings total approx. 41,500 SF
Size of property: Phase 2, Approx. 5.00 acres
Description of buildings:
Prataria owns a 96 acre parcel of land that originally included a farm homestead,
farmland and pasture land. Prataria proposes to develop this parcel in multiple separate
phases. The first phase of the redevelopment has commenced pursuant to that
Redevelopment Contract between Prataria and the Community Redevelopment
Authority of the City of Grand Island dated September 26, 2017. This application sets
forth the proposed phase two of the redevelopment of the Prataria property. The
second phase will be on 5 acres that will include multiple office users. The private
improvements will be constructed on Lot 1, Block 1, and Lots 2 and 3, Block 2 of Prairie
Commons Third Subdivision. The private improvements will be constructed in three
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Form Updated 7-25-2019cn Page | 3
subphases, and Prataria desires to establish a separate effective date for each
lot/subphase, similar to the Phase One Redevelopment Contract.
Lot 2, Block 2, Prairie Commons Third Subdivision
The first office user will house their corporate headquarters in this location and is
comprised of a traditional steel framed building with two stories. The exterior will be a
mix of stone, metal panel, and storefront and will be approximately 14,600 square feet
and sit on 1.25 acres of land with a dedicated parking lot contained on the site. The
selected site enables future growth opportunities for this particular company.
Lot 3, Block 2, Prairie Commons Third Subdivision
The second and third users will be two business that will be housed in the same
building and share a common area. This building will be composed of metal panel,
stone, and storefront that is unique from the other building and will be approximately
20,500 square feet over two stories and sit on 1.65 acres of land with a dedicated
parking lot contained on the site. The selected site enables future growth
opportunities for these particular companies.
Lot 1, Block 1, Prairie Commons Third Subdivision
The fourth user will be approximately 6,400 square feet facility. The exterior materials
will consist of mostly brick and stone with some accent features. This property is about
2.10 acres in size.
Additional phases will be forthcoming. The remainder of the Prairie Commons Third
Subdivision is intended to be redeveloped as one or more additional phases of the
overall redevelopment of the area.
If Property is to be Subdivided, Show Division Planned:
The property has been subdivided as Prairie Commons Third Subdivision. See
conceptual plan submitted and Prairie Commons Third Subdivision final plat (Exhibit A).
VI. Estimated Project Costs:
The estimated project costs set forth below are for all three subphases described in this
TIF application.
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Form Updated 7-25-2019cn Page | 4
Acquisition Costs:
A. Land $ 1,147,000
B. Building $ 0
Construction Costs:
A. Renovation or Building Costs: $ 8,964,000
B. On-Site Improvements:
Sewer $ 378,000
Water $ 158,000
Electric $ 0
Gas $ 0
Public Streets/Sidewalks $ 310,000
Private Streets $ 504,500
Trails $ 0
Grading/Dirtwork/Fill $ 211,500
Demolition $ 0
Other $ 0
Total $ 11,673,000
Soft Costs:
A. Architectural & Engineering Fees: $ 595,000
B. Financing Fees: $ 645,000
C. Legal $ 149,000
D. Developer Fees: $ 0
E. Audit Fees $ 0
F. Contingency Reserves: $ 270,000
G. Other (Please Specify) Real Estate Taxes $ 100,000
During Construction
TOTAL $ 13,432,000
Total Estimated Market Value at Completion: $ 8,163,592
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Form Updated 7-25-2019cn Page | 5
Source for Estimated Market Value: Estimated Market Value is based on preliminary
estimates given by Kristi Wold, Hall County Assessor, using schematic drawings of
conceptual designs. The building values were added to the land values to arrive at the
estimated market value.
Source of Financing:
A. Developer Equity: $ 2,908,000
B. Commercial Bank Loan: $ 8,724,000
C. Tax Credits:
1. N.I.F.A. $ 0
2. Historic Tax Credits $ 0
3. New Market Tax Credits $ 0
4. Opportunity Zone $ 0
D. Industrial Revenue Bonds: $ 0
E. Tax Increment Assistance: $ 1,800,000
F. Enhanced Employment Area $ 0
G. Nebraska Housing Trust Fund $ 0
H. Other $ 0
Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
Architect
Name: Chief Construction
Phone: 308-389-7222
Fax Number: 308-389-7393
Address: 3935 Westgate Road
Grand Island, NE 68803
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Form Updated 7-25-2019cn Page | 6
Engineer
Name: Olsson Associates
Phone: 308-384-8750
Fax Number: 308-384-8752
Address: 201 E. 2nd Street
Grand Island, NE 68801
General Contractor
Name: Chief Construction
Phone: 308-389-7222
Fax Number: 308-389-7393
Address: 3935 Westgate Road
Grand Island, NE 68803
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
(Please Show Calculations)
Please See Exhibit B
Project Construction Schedule: The Construction shall be completed in phases,
similar to phase one of the overall redevelopment. The construction of the
private improvements shall be completed in three phases, with each lot identified
herein having a separate effective date.
PUBLIC IMPROVEMENTS:
Construction Start Date:
November 2019
Construction Completion Date:
Fall 2020
PRIVATE IMPROVEMENTS:
This will be a phased project with multiple individual users. The projects are planned
and the times and sequencing of each respective project will be dependent on market
conditions. Without an approved redevelopment agreement, construction of the project
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Form Updated 7-25-2019cn Page | 7
(including all the subphases) will not be feasible, and the timing will be determined and
redeveloper cannot proceed with finalizing any scheduling at this time.
If Phased Project:
_______________________ Year ______________________ % Complete
_______________________ Year ______________________ % Complete
XII. Please Attach Construction Pro Forma
Due to confidential nature of the projects, construction proforma available for
discussion.
XIII. Please Attach Annual Income & Expense Pro Forma
(With Appropriate Schedules)
Due to confidential nature of the projects, proforma available for discussion.
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
$1,800,000 dollars of tax increment financing is being requested to assist in the site
preparation, grading, utilities, paving, landscaping, façade enhancements,
architectural, engineering, and legal fees, public parking enhancements, and other
necessary site preparation and development expenditures. This is a green field site
that will need complete site work done before it is ready for any construction to
commence. The TIF funds will enable project completion of phase 2, which will
result in an improvement to the economic condition of the land and become a tax
generating entity for the city of Grand Island. The opportunity to continue
development in south Grand Island down corridor 281 towards the interstate has
been a key objective for the city. This site will not only generate additional taxes for
the city, but it will provide ample employment opportunities and quality of life features.
Grand Island Council Session - 11/26/2019 Page 64 / 159
Form Updated 7-25-2019cn Page | 8
Statement Identifying Financial Gap and Necessity for use of Tax Increment
Financing for Proposed Project:
The proposed site work and construction costs will result in an overall improvement
to the area and allow for additional goods and services and employment
opportunities. Tax increment financing is an integral and essential component to
the project completion which is contingent upon receipt of the expected tax
increment assistance. Feasibility is dependent upon TIF funds that will enable the
creation of adequate economics to make the necessary site improvements, utility
extensions and new construction costs at a competitive rate in the area. Without
TIF, the cost of the public improvements is too high to make development of the
project site for any purpose feasible. Additionally, Prataria intends to include
substantial façade enhancements for the public benefit. The façade enhancements
are not required by and exceed local building codes. Because the façade
enhancements are not required by building codes, the costs of these enhancements
are not necessary for the Project and would not occur without the use of tax
increment financing. The aesthetic benefits serve to decrease the blighted and
substandard condition of an area and will benefit all the property in the
Redevelopment Area and the City in general. The beautification of a blighted and
substandard area is a useful tool to combat blight and substandard conditions and it
is further expected to raise the quality and value of other properties in the
Redevelopment Area.
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:
Green Line Redevelopment
Current site of the Chief Construction Campus and Christensen Concrete.
Contact:
David Ostdiek
Chief Industries
Phone: 308-389-7246
David.Ostdiek@Chiefind.com
Grand Island Council Session - 11/26/2019 Page 65 / 159
Form Updated 7-25-2019cn Page | 9
Aurora Co-Op Redevelopment
Current site of Goodwill Industries Warehouse and Chief Fabrication.
Contact: Contact:
David Ostdiek Chad Nabity
Chief Industries, Inc. Grand Island Regional Planning Director
Phone 308-389-7246 Phone: 308-385-5444 Ext 210
David.Ostdiek@Chiefind.com ChadN@grand-island.com
Lincoln West Haymarket Phase 1 & Phase 2
Includes Canopy Lofts, The Railyard, The Hobson Place and the Hyatt hotel.
Contact: Contact:
David Ostdiek Hallie Salem
Chief Industries, Inc. Lincoln NE Urban Development
Department Phone 308-389-7246 Phone: 402-441-7864
David.Ostdiek@Chiefind.com hsalem@lincoln.ne.gov
Fountain Point Development
Includes Norfolk Medical Real Estate Medical Office Building / Surgical Center and
Heritage Assisted Living Facility
Contact: Contact: Contact:
David Ostdiek Andy Colvin Steven Rames
Chief Industries, Inc. Norfolk City Administrator Norfolk City Eng.
(308) 389-7246 (402) 844-2000 (402) 844-2035
David.Ostdiek@Chiefind.com acolvin@ci.norfolk.ne.us srames@ci.norfolk.ne.us
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 - 11/26/2019 Page 66 / 159
Total Investment:$13,431,650
Property Tax Basis:$34,624
Total Increment Created (Investment-Current Value):$13,397,026
Assess Tax Base 61%
Total Value:$8,165,000
Tax Rate 2.197896%
Number of Payments (Years)15
Increased Property Tax Revenue $178,697
Current Property Tax Revenue $761
Total Estimated Tax Bill $179,458
Requested TIF Assistance $1,800,000
Private Parking & Paving for Fire Lanes & Truck Access 222,600$
Grading / Dirtwork / Fill 211,500$
Utilities & Storm Drain 536,000$
Façade Enhancement -$
Architecture/Engineering 595,000$
Public Streets 310,000$
Legal 30,000$
Summary Total 1,905,100$
Project TIF Eligible Expenses
Exhibit B
Prataria Ventures, LLC
Tax Increment Financing Request
Estimated Real Estate on Project Site
Existing Assessed Value and Real Estate on Project Site
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PRATARIA VENTURES, LLC
P.O. Box 2078
Grand Island, NE 68802
Prataria Ventures, LLC submits this letter to demonstrate to the City of Grand
Island that the Project that is proposed within the Prairie Commons Subdivison
would not occur at the proposed location if the project was not eligible for the use of
tax increment financing.
The Redevelopment Plan for the project indicates that the incremental tax
revenue generated by the construction of the commercial buildings on the project
site shall be captured to pay for eligible costs as outlined in the Nebraska
Community Development Law. The eligible costs for the project include street and
utility improvements; site preparation and grading; and engineering and design fees.
In accordance with the requirements of the Nebraska Community
Development Law, the project would not be economically feasible, and would not
occur at the proposed location, without the assistance of the City of Grand Island
and the capture of the incremental tax revenue. Specifically, the costs to install the
necessary public street infrastructure and extend public utilities would make the
project, as designed, not economically feasible for the developer, but for the
assistance of tax increment financing to defray eligible costs. These upfront costs
are a barrier to redevelopment, because they would require the redeveloper to charge
land cost that would drive away the potential users, and the redeveloper is not
willing to undertake this project without the users lined up. It is too costly and too
big of an investment to undertake speculatively. Thus, the project as designed will
not be constructed without the use of tax increment financing. This project consist
of three potential users purchasing the properties and constructing buildings for
their own use. Since the buildings will not be used for investment purposed a rate
of return analysis is not warranted.
Please let us know if you have any further questions.
Sincerely,
Roger Bullington, P.E.
President/General Manager
Chief Construction
4844-1112-9256, v. 1
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City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-1
Approving Minutes of November 12, 2019 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/26/2019 Page 80 / 159
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 12, 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 November 12, 2019. Notice of the meeting was given in The Grand Island
Independent on November 6, 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,
Julie Hehnke, Clay Schutz, Mitch Nickerson, and Chuck Haase. The following City Officials
were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director
Patrick Brown, Interim City Attorney Stacy Nonhof, and Public Works Director John Collins.
INVOCATION was given by Pastor Jason Warriner, Abundant Life Christian Center, 3411 West
Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
Approving Appointment of Justin Scott to City Council Ward 5. Mayor Steele stated he was
submitting the name of Justin Scott as Councilmember for Ward 5 to replace Michelle Fitzke.
Comments were made regarding the process of the appointment.
Motion by Haase, second by Jones to approve. Upon roll call vote, Councilmembers Haase,
Schutz, Hehnke, Minton, Conley, Stelk, and Jones voted aye. Councilmembers Nickerson and
Paulick voted no. Motion adopted.
Administration of Oath of Office to Newly Appointed Councilmember – Ward 5. City Clerk
RaNae Edwards administered the Oath of Office to newly appointed Councilmember Justin Scott
– Ward 5.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement - 228 Lake Street - R2S2, LLC. Utilities
Director Tim Luchsinger reported that acquisition of a utility easement located at 228 Lake
Street was needed in order to have access to install, upgrade, maintain, and repair appurtenances,
including lines and transformers. Grand Island Hotel, LLC, had requested a new electrical
service for a new Comfort Suites Hotel being built at 228 Lake Street. The proposed easement
tracts 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.
CONSENT AGENDA: Consent Agenda item G-26 (Resolution #2019-345) was removed for
further discussion. Motion by Paulick, second by Stelk to approve the Consent Agenda. Upon
roll call vote, all voted aye. Motion adopted.
Grand Island Council Session - 11/26/2019 Page 81 / 159
Page 2, City Council Regular Meeting, November 12, 2019
Approving Minutes of October 22, 2019 City Council Regular Meeting.
Approving Re-Appointments of Hector Rubio, Robin Hendricksen, and Tony Randone to the
Interjurisdictional Planning Commission.
Approving Re-Appointment of Jason Hornady to the Grand Island Facilities Corporation Board.
Approving Appointment of Susan Bullington to the Zoning Board of Adjustment.
Approving Request from Mark Stock, 35049 475th Avenue, St. Edward, Nebraska for Liquor
Manager Designation with Ramada Midtown Conference Center, 2503 South Locust Street.
#2019-325 - Approving Acquisition of Utility Easement - 228 Lake Street - R2S2, LLC.
#2019-326 - Approving Bid Award for Water Main Project 2020-W-1 - Lincoln & Delta with
The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $119,457.59.
#2019-327 - Approving Safety Glass Contract for Utilities, Public Works and Parks Departments
for 2020 – 2022 with Heartland Optical of Lincoln, Nebraska.
#2019-328 - Approving the Union Pacific Rail Contract Agreement for Coal Transportation.
#2019-329 - Approving Agreement for Engineering Consulting Services Related to Eddy Street
Underpass Rehabilitation; Project No. 2019-U-1 with Olsson, Inc. of Grand Island, Nebraska in
an Amount of $67,570.00.
#2019-330 - Approving Dedicated Parking Stalls in the Public Parking Lot at 3rd Street and Pine
Street- Pinnacle Bank.
#2019-331 - Approving Skid Steer Buy-Back for Streets Division with Central Nebraska Bobcat
of Grand Island, Nebraska in an Amount of $4,659.00.
#2019-332 - Approving Year-End Certification of City Street Superintendent for Determining
Incentive Payment for Calendar Year 2019. It was noted that Shannon Rose Callahan, License
Number S-1485 has been employed as Grand Island Street Superintendent since August 8, 2011.
#2019-333 - Approving Engineering Consulting Agreement for Stormwater Geospatial Data
Collection with JEO Consulting Group, Inc. of Wahoo, Nebraska in an Amount of $308,898.00.
#2019-334 - Approving Engineering Consulting Agreement for North Moores Creek Wetland
Mitigation Bank with Felsburg Holt & Ullevig of Omaha, Nebraska in an Amount of $96,320.00.
#2019-335 - Approving the Re-establishment of Connection Fees for Subdivided Lots in
Bosselville Fifth Subdivision- Sanitary Sewer District No. 530T.
Grand Island Council Session - 11/26/2019 Page 82 / 159
Page 3, City Council Regular Meeting, November 12, 2019
#2019-336 - Approving Amendment No. 1 to Engineering Consulting Agreement for North
Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 with
Alfred Benesch & Company of Lincoln, Nebraska for an Increase of $133,772.00 and a Revised
Contract Amount of $230,296.00.
#2019-337 - Approving Repairs and Replacement of Flyght Equipment at the Wastewater
Treatment Plant with Electric Pump, Inc. of Des Moines, Iowa in an Amount of 34,076.71.
#2019-338 - Approving Purchase of One (1) 2020 Model 36,000 Pound Four Wheel Drive Front
End Loader for the Solid Waste Division of the Public Works Department from NMC/Nebraska
Machinery Company of Doniphan, Nebraska in an Amount of $135,825.00.
#2019-339 - Approving Change Order No. 2 for Sycamore Street Underpass Rehabilitation;
Project No. 2017-U-1 with The Diamond Engineering Company of Grand Island, Nebraska for
an Increase of $74,820.00 and a Revised Contract Amount of $1,869,224.38.
#2019-340 - Approving Amendment No. 3 for Engineering Consulting Services Related to
Sycamore Street Underpass Rehabilitation with Alfred Benesch & Company of Lincoln,
Nebraska for an Amount not to exceed $52,00.00 and a Revised Contract Amount of
$551,838.00.
#2019-341 - Approving Engineering Consulting Agreement for Custer Avenue- Forrest Street to
Old Potash Highway Roadway Improvements; Project No. 2019-P-13 with Olsson, Inc. of Grand
Island, Nebraska in an Amount of $100,900.00.
#2019-342 - Approving Change Order No. 1 for Downtown Sanitary Sewer Rehabilitation-
2019; Project No. 2019-S-1 with Municipal Pipe Tool Co., Inc. of Hudson, Iowa for an Increase
of $19,290.00 and a Revised Contract Amount of $653,699.00.
#2019-343 - Approving Purchase of One (1) New Commercial 16 foot Mower for the Parks
Division of the Parks & Recreation Department from Turfwerks of Omaha, Nebraska in an
Amount of $95,250.00.
#2019-344 - Approving Purchase of One (1) New 2020 1/2 Ton 4WD Pickup for the Parks
Division of the Parks & Recreation Department from Husker Auto Group of Lincoln, Nebraska
in an Amount of $30,799.00.
#2019-345 - Approving Request for Proposal for Design Services for New Pickleball Courts at
Veteran's Sports Complex Parks & Recreation Department with JEO Consulting Group of
Wahoo, Nebraska in an Amount of $26,300.00. Parks and Recreation Director Todd McCoy
stated they had advertised for proposals to design eight (8) new pickleball courts at the Veteran’s
Sports Complex. The Parks and Recreation Department had teamed up with the Grand Island
Pickleball Club in planning and support of this project. The club had raised $70,000 and were
continuing fund raising efforts to support this project.
Grand Island Council Session - 11/26/2019 Page 83 / 159
Page 4, City Council Regular Meeting, November 12, 2019
Nita Lechner, 215 Lakeside Drive and Brad Mellema, 2424 South Locust Street spoke in
support. Finance Director Patrick Brown answered questions regarding the Food & Beverage
money that was available for projects like this.
Motion by Nickerson, second by Hehnke to approve Resolution #2019-345. Upon roll call vote,
all voted aye. Motion adopted.
#2019-346 -Approving Request to Place Historical Marker in Ryder Park to Commemorate the
1980 Tornados.
RESOLUTIONS:
#2019-347 - Consideration of Changing City Council Meeting of December 3, 2019 to
December 30, 2019. City Administrator Jerry Janulewicz reported that since December 3rd was
one week after the November 26th meeting it had been recommended that the City Council move
the meeting date to December 30, 2019 at 5:30 p.m. in order to pay claims. Staff recommended
approval.
Motion by Schutz, second by Paulick to approve Resolution #2019-347. Upon roll call vote, all
voted aye. Motion adopted.
#2019-348 - Consideration of Approving Wastewater Cost of Service Based Rates. Public Works
Director John Collins reported that the Wastewater Division was an enterprise fund with no
property tax dollars used to support the division. A cost of service based rate study was
performed by Black & Veatch of Kansas City, Missouri. The final report included average
recommended rate increases for fiscal years 2020 through 2023.
January 1, 2020- 3.5%
October 1, 2020- 3.5%
October 1, 2021- 3.0%
October 1, 2022- 3.0%
October 1, 2023- 2.5%
It was recommended that the first year of rate adjustments would go into effect January 1, 2020.
Introduced was Anna White from Black & Veatch who gave a PowerPoint presentation of the
Wastewater Cost of Service Based Rates Study.
Motion by Haase, second by Paulick to postpone this item to the December 10, 2019 Study
Session. 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
October 23, 2019 through November 12, 2019 for a total amount of $4,993,683.13. Discussion
was held regarding a claim on page 33 (check #6515) to Five Points Bank in the amount of
Grand Island Council Session - 11/26/2019 Page 84 / 159
Page 5, City Council Regular Meeting, November 12, 2019
$4,500.00 for volunteer gift cards. Councilmembers Paulick, Stelk, Haase, and Jones voted no on
that claim. Upon roll call vote on all other claims, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 9:23 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/26/2019 Page 85 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-2
Approving Appointment of Sara White to the Library Board
Mayor Steele has submitted the appointment of Sara White to the Library Board to replace Sapna
Purawat. The appointment would become effective immediately upon approval by the City Council and
would expire on June 30, 2020.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 11/26/2019 Page 86 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-3
#2019-349 - Approving Preliminary and Final Plat and Subdivision
Agreement for Ellington Pointe
Staff Contact: Chad Nabity
Grand Island Council Session - 11/26/2019 Page 87 / 159
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 26, 2019
Subject:Ellington Pointe Subdivision – Preliminary and Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located south of 13th Street and west of North Road in Grand Island,
Nebraska. (Preliminary Plat 41 lots, 1 outlot, 14.3 acres Final Plat 41 Lots, 1 outlot, 14.3
Acres). This property is zoned R3-Medium Density Residential and R1-Suburban
Density Residential. A tract of land consisting of all of Lot 2 Hanover Second
Subdivision and all of Lots 2 and 4 Hanover Third Subdivision all in City Grand Island,
Hall County, Nebraska.
Discussion
The preliminary and final plats for Ellington Pointe Subdivision were considered at the
Regional Planning Commission at the November 6, 2019 meeting
.
A motion was made by Rainforth and second by Robb to approve the preliminary and
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, Maurer, Robb, Monter, Rubio, Hendricksen, Randone and
Kjar) 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 - 11/26/2019 Page 88 / 159
Recommendation
City Administration recommends that Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Developer/Owner
Perseverence LLC, and Andrew Eiler
4801 West Chapman Rd.
Grand Island, NE 68803
To create
Size: Preliminary Plat 41 lots, 14.3 acres Final Plat 41 lots, 14.3 Acres
Zoning: R3 Medium Density Residential and R1 Suburban Density Residential
Road Access: New 37’ City Streets will be constructed with this subdivision.
Water Public: City water is available and will be extended to all lots.
Sewer Public: City sewer is available and will be extended to all lots.
Grand Island Council Session - 11/26/2019 Page 91 / 159
80.00'80.00'80.00'80.00'
102.00 102.00'
102.00'
102.00'
102.00'
73.96'
104.15'
102.00'104.17'96.55'
97.79'
98.55'
99.31'
100.07'
96.59'
97.58'
96.36'100.00'100.00'100.00'100.05'
111.52'113.81'
225.29'
226.05'
118.00'
118.00'
118.00'
86.71'80.00'80.00'80.00'80.03'
100.00'
5.82'
39.12'112.64'
64.00'
64.00'42.61'
64.00'64.00'98.01'99.22'100.41'101.61'51.59'146.50'142.10'142.10'64.00'64.00'136.00'135.52'135.04'142.70'169.09'85.92'84.07'114.80'200.72'125.56'125.97'105.01'105.01'85.00'85.00'85.00'85.00'85.00'91.00'91.00'108.00'92.37'88.00'88.00'60.78'82.00'85.00'85.00'85.00'51.60'44.28'LOT 2LOT 3LOT 4
LOT 7 LOT 6 LOT 5 LOT 4
LOT 3
LOT 2 LOT 1
LOT 4
LOT 7LOT 4
LOT 3
LOT 2
LOT 1
LOT 8
LOT 9
LOT 10
LOT 3
LOT 2
LOT 1
LOT 6
LOT 7
LOT 10
LOT 12
LOT 13LOT 14
139.91'
BLOCK 1
BLOCK 3
OUTLOT A
LOT 19
BLOCK 2
NOT A PART
NORTH ROAD85.00'85.00'82.00'82.00'102.00'85.00'LOT 1
HANOVER 2ND
SUBDIVISION
432.33' M N 88°38'03" E
175.69' M S 01°25'13" E150.00' M N 89°32'48" E
722.46' M & R S 89°14'00" W813.02' M N 01°24'35" W197.61' M S 01°24'15" ELOT 1LOT 2LOT 3LOT 4LOT 5LOT 6
WESTWOOD PARK SUBDIVISION
102.00'
LOT 3
HANOVER THIRD SUBDIVISION
LOT 1 BLOCK 2NEUMANN SECOND SUBDIVISIONLOT 1
HANOVER THIRD SUBDIVISION
PRELIMINARY PLAT
1" = 50'6/10/19 Brent C.
111908.00 19-002
1 OF 3
PART OF LOT TWO (2) HANOVER SECOND
SUBDIVISION AND LOT TWO (2) AND LOT FOUR
(4) HANOVER THIRD SUBDIVISION
INITIAL POINT SURVEYING LLC
410 S. Webb Rd.; Suite 4B
Grand Island, NE 68803
308-383-6754 Cell
308-675-4141 Office
NOT A PART
NOT A PARTNOT A PART7' Utility Easement
7' Utility Easement 7' Utility Easement
7' Utility Easement
7' Utility
Easement
7' Utility
Easement
10' Drainaged &
Utility Easement
7' Utility Easement
7' Utility
Easement
7' Utility Easement
20' Utility & Drainage
Easement
7' Utility Easement
7' Utility Easement
7' Utility Easement
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
LEGAL DESCRIPTION
A Replat of land consisting of Lot Two (2) Hanover Second Subdivision and Lot Two (2) and Lot Four (4) Hanover Third Subdivision, In the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Commencing at the Northwest Corner of Lot Four (4) Hanover Third Subdivision, Said point being the Point of Beginning; Thence N 88°38'03” E along the North line Lot Four
(4) Hanover Third Subdivision, a distance of Four Hundred Thirty Two and Thirty Three Hundredths (432.33') Feet; Thence N 01°20'19” W, a distance of One Hundred Eighty
Seven and Ninety Nine Hundredths (187.99') feet; Thence N 88°39'34” E, a distance of Two Hundred Ninety and Eight Hundredths (290.08') feet; Thence S 01°21'52” E, a
distance of Two Hundred Eight and Three Hundredths (208.03') feet; Thence S 88°40'03” W, a distance of One Hundred Fifty and Three Hundredths (150.03') feet; Thence S
01°25'13” E, a distance of One Hundred Seventy Five and Sixty Nine Hundredths (175.69') feet; Thence N 89°32'48” E, a distance of One Hundred Fifty (150.00') feet;
Thence S 01°24'15” E, a distance of One Hundred Ninety Seven and Sixty One Hundredths (197.61') feet; Thence S 01°23'23” E, a distance of Four Hundred Twenty Four and
Eighty One Hundredths (424.88') feet; Thence S 89°42'00” W, a distance of Seven Hundred Twenty Two and Forty Three Hundredths (722.43') feet; Thence N 01°24'35” W,
a distance of Eight Hundred Thirteen and Seven Hundredths (813.07') feet to the Point of Beginning, Said tract contains a area of 618116.252 Square Feet or 14.189 Acres
More or Less.
SUBDIVISION INFORMATION
OWNER: Perseverance LLC & Andrew J. Eiler & City of Grand Island
PROPOSED LAND USE: Residential Development
TOTAL LOTS: 41 Residential Lots
1 Outlot
ENGINEER: Terry Brown E-8731 Alfred Benesch & Company
SURVEYOR: Brent Cyboron LS-727 Initial Point Surveying LLC
SURVEYORS CERTIFICATE
I hereby certify that to the best of my knowledge and belief, the accompanying plat is
from an accurate survey of the described property made under my supervision.
Brent D. Cyboron Reg Land Surveyor LS - 727
ELLINGTON POINTE SUBDIVISION
RYLIE WAYJAKE DRIVEHUFF BO
U
L
E
V
A
R
D
- Corner Found 1/2" Pipe Unless Otherwise Noted
- 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted
- Temporary Point
All Distances on Curves are
Chord Distance
R - Recorded Distance
M- Measured Distance
Legend
LOT 8
BLOCK 4
BLOCK 2
BLOCK 2
LOT 11102.80'118.71'184.8
9'
LOT 5
LOT 1
173.27'95.62'
171.90'
173.58'206.32'206.39'208.03'187.99'290.08'
156.79'20.00'
150.03'
150.03' M S 88°40'03" W 208.03 M S 01°21'52" E290.08 M (290.02' R) N 88°39'34" E
187.99' M (187.99' R) N 01°20'19" WLOT 9
22.54'
NOT A PARTA REPLAT OF LOT TWO (2) HANOVER SECOND SUBDIVISION
AND LOT 2 AND LOT FOUR (4) HANOVER THIRD SUBDIVISION,
CITY OF GRAND ISLAND,HALL COUNTY, NEBRASKA
51.60'51.60'LOT 15LOT 16LOT 17LOT 18
51.59'75.93'75.49'70.12'161.35'151.77'
64.00'64.00'118.00'
118.00'
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
GUS STREET
51.60'51.60'10
11
12
13
14
9
3
2
1
8
7
6
5
58.23'
40.00'
40.00'1312.88' M (1313.20' A) S 01°24'16" EP.O.B.51.60'424.88' M (430.81' R) S 01°23'23" E7/3/19
10' Utility
Easement
10' Utility
Easement
10' Drainaged &
Utility Easement
10' Utility
Easement
CURVE TABLE
15' Utility & Drainage
Easement
15' Drainaged & Utility
Easement
LOT 5LOT 6
4
BLOCK 2
LOT 5
73.32'72.80'72.80'
74.55'72.80'
72.80'150.12'4.45'
10/28/19113.17'82.00'82.00'82.00'85.00'(Utility & Drainage Easement)1312.88' M (1313.20' A) S 01°24'16" EGrand Island Council Session - 11/26/2019 Page 92 / 159
ELLINGTON POINTE SUBDIVISION
ELLINGTON POINTE FINAL PLAT
1" = 60'4/30/19 Brent C.
111908.00 19-002
1 OF 2
TWO (2) HANOVER SECOND
SUBDIVISION AND LOT 2 & LOT FOUR (4)
HANOVER THIRD SUBDIVISION
INITIAL POINT SURVEYING LLC
410 S. Webb Rd.; Suite 4B
Grand Island, NE 68803
308-383-6754 Cell
308-675-4141 Office
7/3/19
10/30/19
Scale 1" = 60'
LOT 14
LOT 1
OUTLOT A
LOT 1LOT 2
LOT 3LOT 4
LOT 5LOT 6LOT 1 BLOCK 2NEUMANN SECOND SUBDIVISIONNOT A PART226.05'
73.32'
NOT A PART
LOT 1
HANOVER 2ND
SUBDIVISION
432.33' M N 88°38'03" E
175.69' M S 01°25'13" E150.00' M N 89°32'48" E
722.46' A & R S 89°14'00" W813.02' M N 01°24'35" W197.61' M S 01°24'15 EWESTWOOD PARK SUBDIVISION
LOT 3
HANOVER THIRD SUBDIVISION
NOT A PART
NOT A PART
171.90'
173.58'206.32'206.39'208.03'187.99'290.08'
20.00'
150.03'
150.03' M S 88°40'03" W 208.03 M S 01°21'52" E290.08 M (290.02' R) N 88°39'34" E
187.99' M (187.99' R ) N 01°20'19"W424.88' M (430.81' R) S 01°23'23" E - Corner Found 1/2" Pipe Unless Otherwise Noted
- 1/2 Rebar Placed W/Survey Cap Unless Otherwise Noted
- Temporary Point
All Distances on Curves are
Chord Distance
R - Recorded Distance
M- Measured Distance
Legend
97.58'
96.36'100.00'100.00'100.00'100.05'
100.00'
5.82'
58.23'
39.12'112.64'
64.00'64.00'136.00'135.52'135.04'142.70'166.09'200.72'LOT 5
LOT 7 LOT 6 LOT 5 LOT 4
LOT 3
LOT 2 LOT 1
BLOCK 1
7' Utility
Easement
7' Utility Easement
20' Utility & Drainage
Easement
7' Utility Easement
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
15' Utility & Drainage
Easement
72.80'72.80'
118.00'
118.00'
118.00'
86.71'51.59'142.10'142.10'142.10'60.78'51.60'44.28'LOT 2LOT 3LOT 4
LOT 4
LOT 3
LOT 2
LOT 1
LOT 5
LOT 6
LOT 9
LOT 11
LOT 12
LOT 13
139.91'
BLOCK 3
7' Utility Easement
7' Utility Easement
7' Utility
Easement
15' Drainaged & Utility
Easement
7' Utility EasementRYLIE WAYLOT 7
BLOCK 2
LOT 10118.71'184.8
9'173.27'95.62'51.600'156.79'
LOT 8
22.54'51.60'51.60'51.59'51.60'75.93'75.49'70.12'161.35'151.77'
64.00'64.00'118.00'
118.00'
20' Utility & Drainage
Easement
20' Utility & Drainage
Easement
74.55'72.80'7' Utility Easement
HUFF
B
O
U
L
E
V
A
R
D
SUBDIVISION INFORMATION
OWNER: Perseverance LLC & Andrew J. Eiler & City of Grand Island
PROPOSED LAND USE: Residential Development
TOTAL LOTS: 41 Residential Lots
1 Outlots
ENGINEER: Terry Brown E-8731 Alfred Benesch & Company
SURVEYOR: Brent Cyboron LS-727 Initial Point Surveying LLC51.60'177.98'10
11
12
13
14
9
3
2
1
8
7
6
5123.00' M N 00°53'49" W64.00'P.O.B.
A REPLAT OF LOT TWO (2) HANOVER SECOND SUBDIVISION AND
LOT 2 AND ALL OF LOT FOUR (4) HANOVER THIRD SUBDIVISION,
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
BLOCK 2
BLOCK 2
GUS STREET
1312.88' M (1313.20' A) S 01°24'16" ENORTH ROAD40.00'
40.00'
10' Utility Easement
10' Utility Easement
10' Utility Easement
8363.793 Sq. Ft.
8363.793 Sq. Ft.
8669.785 Sq. Ft.
8669.785 Sq. Ft.
8669.785 Sq. Ft.8363.793 Sq. Ft.
8976.00 Sq. Ft.
9143.793 Sq. Ft.
8473.115 Sq. Ft.
8405.012 Sq. Ft.
8343.813 Sq. Ft.
10194.111 Sq. Ft.
13099.333 Sq. Ft.
14233.923 Sq. Ft.
35658.168 Sq. Ft.
6087.620 Sq. Ft.
6088.800 Sq. Ft.
6088.800 Sq. Ft.
6088.800 Sq. Ft.
54544.415 Sq. Ft.
LOT 6
LOT 7
LOT 8
LOT 9
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
7890.069 Sq. Ft.7954.550 Sq. Ft.8080.453 Sq. Ft.8176.683 Sq. Ft.LOT 18 LOT 17 LOT 16 LOT 15
BLOCK 4
BLOCK 2
13526.496 Sq. Ft.13757.640 Sq. Ft.15302.458 Sq. Ft.
18415.015 Sq. Ft.
13702.048 Sq. Ft.
8665.503 Sq. Ft.
6452.263 Sq. Ft.
9919.379 Sq. Ft.
8161.400 Sq. Ft.
7438.541 Sq. Ft.
64.00'
64.00'64.00'72.80'150.12'LOT 19
4.45'
LOT 10
80.00'80.00'80.00'80.00'
80.00'80.00'80.00'80.03'98.01'99.22'100.41'101.61'102.80'4
20' Utility Easement
7' Utility Easement
10' Utility & Drainage
Easement JAKE DRIVE10931.417 Sq. Ft.10641.224 Sq. Ft.
11740.904 Sq. Ft.10618.727 Sq. Ft.10344.629 Sq. Ft.10505.841 Sq. Ft.
CURVE TABLE
8810.703 Sq. Ft.1312.88' M (1313.20' A) S 01°24'16" E342.03' M N 89°30'23" E
515.01' M S 00°53'49" E423.42' M S 00°53'49" E202.95' M N 89°30'23" E
59.94' M
N
6
9
°
2
3'
1
6
"
E
152.84' M N 88°29'58" E
102.00 102.00'
102.00'
102.00'
102.00'
73.96'
102.00'104.17'96.55'
97.79'
98.55'
99.31'
100.07'
100.88'
111.52'113.81'
225.29'
42.61'85.92'84.07'114.80'125.56'125.97'105.01'105.01'85.00'85.00'85.00'85.00'85.00'91.00'91.00'108.00'92.37'88.00'85.00'85.00'85.00'85.00'82.00'82.00'102.00'85.00'102.00'
7' Utility
Easement
7' Utility Easement 113.17'82.00'82.00'82.00'85.00'102.00'82.00'85.00'88.00'(Utility & Drainage Easement)
7' Utility
Easement
7' Utility Easement
10' Utility & Drainage
Easement
Grand Island Council Session - 11/26/2019 Page 93 / 159
SUBDIVISION AGREEMENT
ELLINGTON POINTE SUBDIVISION
(Block 1, Lots 1-7, Block 2, Lots 1-19, Block 3, Lots 1-10, Block 4, Lots 1-5, Outlot A)
In the City of Grand Island, Hall County Nebraska
The undersigned, PERSEVERANCE L.L.C., a Nebraska Limited Liability
Company and ANDREW JACOB EILER and THE CITY OF GRAND ISLAND, hereinafter
called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
A Tract of land consisting of Lot Two (2) Hanover Second Subdivision and Lot Two (2)
and Lot Four (4) Hanover Third Subdivision, in the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Commencing at the Northwest Corner of Lot Four (4) Hanover Third Subdivision, Said
point being the Point of Beginning; Thence N 88°38'03” E along the North line Lot Four
(4) Hanover Third Subdivision, a distance of Four Hundred Thirty Two and Thirty Three
Hundredths (432.33') Feet; Thence N 01°20'19” W, a distance of One Hundred Eighty
Eight and Nine Hundredths (180.09') feet; Thence N 88°39'34” E, a distance of Two
Hundred Ninety and Eight Hundredths (290.08') feet; Thence S 01°21'52” E, a distance
of Two Hundred Eight and Three Hundredths (208.03') feet; Thence S 88°40'03” W, a
distance of One Hundred Fifty and Three Hundredths (150.03') feet; Thence S 01°25'13”
E, a distance of One Hundred Seventy Five and Sixty Nine Hundredths (175.69') feet;
* This Space Reserved for Register of Deeds *
Grand Island Council Session - 11/26/2019 Page 94 / 159
- 2 -
Thence N 89°32'48” E, a distance of One Hundred Fifty (150.00') feet; Thence S
01°24'15” E, a distance of One Hundred Ninety Seven and Sixty One Hundredths
(197.61') feet; Thence S 01°23'23” E, a distance of Four Hundred Twenty Four and
Eighty Eight Hundredths (424.88') feet; Thence S 89°14'00” W, to the South East corner
Neumann Second Subdivision, a distance of Seven Hundred Twenty Two and Forty
Three Hundredths (722.43') feet; Thence N 01°24'35” W, a distance of Eight Hundred
Thirteen and Seven Hundredths (813.07') feet to the Point of Beginning, Said tract
contains an area of 644651.454 Square Feet or 14.799 Acres More or Less;
desires to have subdivided as a subdivision the foregoing tract of land located within the
corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of
such City for acceptance as provided by law an accurate map and plat of such proposed
subdivision, to be known as ELLINGTON POINTE SUBDIVISION, designating explicitly the
land to be laid out and particularly describing the lots, easements, and streets belonging to such
subdivision, with the lots designated by number, easements by dimensions, and streets by name,
and proposes to cause the plat of such subdivision when finally approved by the Regional
Planning Commission and the City Council to be acknowledged by such owner, certified as to
accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to
the use and benefit of public utilities, and of the street to the use of the public forever. In
consideration of the acceptance of the plat of said ELLINGTON POINTE SUBDIVISION, the
Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will
install or provide at its expense the following improvements:
1.Paving. The Subdivider agrees to pave Gus Street, Riley Way, Jake Drive
and Huff Boulevard in accordance with plans and specifications approved by the City's Director
of Public Works, and subject to the City's inspection and subject to the City's inspection with a
minimum back of curb to back of curb width of 37 feet. If the Subdivider fails to pave Gus
Street, Riley Way, Jake Drive and Huff Boulevard, the City may create a paving district to
Grand Island Council Session - 11/26/2019 Page 95 / 159
- 3 -
perform such work. The Subdivider agrees to waive the right to object to the creation of any
paving district for North Road where it abuts the subdivision.
2.Water. Public water is available to the subdivision and the Subdivider
agrees to extend, connect and provide water service to all lots in the subdivision in accordance
with plans and specifications approved by the Director of Public Works, and subject to the City’s
inspection.
3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and
the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the
subdivision in accordance with plans and specifications approved by the Director of Public
Works, and subject to the City’s inspection.
4.Storm Drainage. The Subdivider agrees to grade all lots in the
subdivision in conjunction with the development proposed thereon so that storm drainage is
conveyed to a public right-of-way or to other drainage systems so approved by the Director of
Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a
drainage district to perform such work. The Subdivider agrees to waive the right to object to the
creation of any drainage district benefitting the subdivision. In the event that improvements have
not been made to North Road by January 1, 2024 the subdivider shall request a drainage
improvement district or cause the Detention Cell located on Outlot A to be connected to the
City’s storm water drainage system located on the east side of North Road.
5.Sidewalks. The Subdivider shall install and maintain all public sidewalks
required by the City of Grand Island when the lots are built upon, and such sidewalk shall be
regulated and required with the building permit for each such lot.
Grand Island Council Session - 11/26/2019 Page 96 / 159
- 4 -
The Subdivider must select curb or conventional sidewalk for each street unless the
requirement has been waived by Council.
Street Name Curb sidewalk Conventional
Sidewalk
Sidewalk Requirement
Waived by Council
North Road Yes
Huff Boulevard NO
Gus Street NO
Riley Way NO
Jake Drive NO
Immediate sidewalk construction adjacent to North Road shall be waived.
However, the sidewalks shall be constructed when the property owner is directed to do so by the
City Council. In the event a Street Improvement District is created to pave North Road, the
Subdivider agrees to install public sidewalks within one year of the completion of such street
improvement district in accordance with the City of Grand Island Sidewalk Policy.
6.Outlots. Outlot A is designated as a detention cell and maintenance shall
be the responisiblity of the Subdivider or Home Owners Association.
7.Easements. Any easements shall be kept free of obstructions and the
Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions.
In addition, the duty to maintain the surface of any easements to keep them clear of any
worthless vegetation or nuisance shall run with the land.
8.Engineering Data. All final engineering plans and specifications for
public improvements shall bear the signature and seal of a professional engineer registered in the
State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works
for approval prior to contracting for construction of any improvements. Inspections of
improvements under construction shall be performed under the supervision of a professional
engineer registered in the State of Nebraska, and upon completion shall be subject to inspection
Grand Island Council Session - 11/26/2019 Page 97 / 159
- 5 -
and approval by the Department of Public Works prior to acceptance by the City of Grand
Island. An "as built" set of plans and specifications including required test results bearing the
seal and signature of a professional engineer registered in the State of Nebraska shall be filed
with the Director of Public Works by the Subdivider prior to acceptance of these improvements
by the City.
9.Warranty. The undersigned owner, as Subdivider, warrants that it is the
owner in fee simple of the land described and proposed to be known as ELLINGTON POINTE
SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for
examination, if necessary, upon request of the City of Grand Island.
10.Successors and Assigns. This agreement shall run with the land and shall
be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs,
devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent
owners of any lots in the subdivision shall be responsible to perform any of the conditions of this
agreement if the Subdivider has not performed such conditions.
Dated _____________________, 2019.
PERSEVERANCE, L.L.C., A NEBRASKA
LIMITED LIABILITY COMPANY,
Subdivider
By: ____________________________________
Trent Huff, Member
Grand Island Council Session - 11/26/2019 Page 98 / 159
- 6 -
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Trent Huff, member of Perseverance L.L.C., a Nebraska Limited Liability
Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision
Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein
expressed on behalf of Perseverance, L.L.C.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
ANDREW JACOB EILER, Subdivider
By: ____________________________________
Andrew Jacob Eiler
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Andrew Jacob Eiler, known personally to me to be the identical person who
signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and
deed for the purpose therein expressed.
WITNESS my hand and notarial seal the date above written.
_____________________________________________
Notary Public
My commission expires: __________________________
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By:____________________________________
Roger G. Steele, Mayor
Grand Island Council Session - 11/26/2019 Page 99 / 159
- 7 -
Attest: ___________________________________
__
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2019, before me, the undersigned,, a Notary Public in and for said
County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal
corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision
Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution
2019-____, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal the date above written.
______________________________________________
Notary Public
My commission expires: ____________________
Grand Island Council Session - 11/26/2019 Page 100 / 159
Approved as to Form ¤ ___________
November 26, 2019 ¤ City Attorney
R E S O L U T I O N 2019-349
WHEREAS PERSERVERANCE, LLC, and ANDREW EILER being the said
owners of the land described hereon, have caused the same to be surveyed, subdivided, platted
and designated as “ELLINGTON POINTE SUBDIVISION” A Replat of land consisting of Lot
Two (2) Hanover Second Subdivision and Lot Two (2) and Lot Four (4) Hanover Third
Subdivision, commencing at the Northwest Corner of Lot (4) Hanover Third Subdivision
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 ELLINGTON POINTE
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, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 101 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-4
#2019-350 - Approving Platte Generating Station Coal Combustion
Residual Groundwater Services Assessment of Corrective
Measures - Task 12
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/26/2019 Page 102 / 159
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:November 26, 2019
Subject:Platte Generating Station Coal Combustion Residual
(CCR) Groundwater Services - Assessment of
Corrective Measures
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final
rule for the regulation and management of Coal Combustion Residual (CCR) under the
Resource Conservation and Recovery Act (RCRA). The rule became effective on
October 19, 2015. In general, CCR compliance activities include publication of public
information on the web, signage, groundwater sampling, and impoundment structural and
safety assessment is required for the Platte Generating Station (PGS).
Platte Generating Station personnel reviewed the regulations and determined consulting
services were needed to meet the CCR Rule compliance schedule. HDR Engineering was
hired as the sole source to ensure timeliness, high quality and consistency among other
electric utilities and independent power producers in Nebraska.
Discussion
On September 27, 2016 Council Approved HDR Engineering to complete Tasks 1-4 to
include ground water sampling, review of the Ash Landfill Closure Plan, Post-Closure
Plan, and Run on/run off Control System Plan for a cost not to exceed $86,290.00.
On September 24, 2019, Council approved HDR Engineering to complete Tasks 5-9 to
include groundwater sampling, fugitive dust control, alternative source demonstration
(ASD) investigation, statistical analysis reporting, and preparation of a conceptual site
model of the hydrologic and hydro-geochemical setting of the PGS Ash Landfill
including evaluation of the results of the model for a cost not to exceed $189,960.00.
On October 8, 2019, Council approved HDR Engineering to complete Task 10 to include
preparation for the Title 132 Permit Renewal Application and amend the CCR Run-On
Grand Island Council Session - 11/26/2019 Page 103 / 159
and Run-Off Control System Plan for a cost not to exceed $39,970.00. Task 11 was also
presented for the CCR 2019 Annual Landfill Inspection and Fugitive Dust Control
Reporting for a cost not to exceed $12,990.00.
To meet the next phase of the CCR Rule for finalizing the Assessment of Corrective
Measures (ACM) and update the CCR Groundwater Certifications including the
upgradient well MW-10, Task 12 is being presented for a cost not to exceed $16,600.00.
To ensure the same high quality and consistency for these next phases of the CCR Rule
257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with
this task. HDR is providing professional consultant services regarding CCR to Omaha
Public Power District, Hastings Utilities, Fremont Utilities and the Public Power
Generation Agency.
In accordance with City Procurement Code, plant staff recommends that the Council
authorize HDR Engineering continue their services as the Consulting Engineer for the
Platte Generating Station CCR requirements.
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 authorize HDR, Inc., of Omaha,
Nebraska, for providing Engineering services to meet the Coal Combustion Residuals
Program Assessment of Corrective Measures (ACM) and Groundwater Certification for
Platte Generating Station for a fee not to exceed $16,600.00.
Sample Motion
Move to authorize HDR, Inc., of Omaha, Nebraska for providing Engineering Services
for the Platte Generating Station Assessment of Corrective Measures and Groundwater
Certification for a fee not to exceed $16,600.00.
Grand Island Council Session - 11/26/2019 Page 104 / 159
Approved as to Form ¤ ___________
November 21, 2019 ¤ City Attorney
R E S O L U T I O N 2019-350
WHEREAS, the U.S. Environmental Protection Agency’s Rule for the regulation and
management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery
Act (RCRA) became effective on October 19, 2015; and
WHEREAS, personal at the Platte Generating Station reviewed the regulations and
determined consulting services were needed to meet the CCR Rule Compliance schedule, and HDR
Engineering was hired as the sole source to ensure timeliness, high quality and consistency among
other electric utilities and independent power producers in Nebraska; and
WHEREAS, on September 27, 2016 Council approved HDR Engineering to complete
task 1-4 to include ground water sampling, review of the Ash Landfill Closure Plan, Post-closure
Plan, and Run-on/run-off Control System Plan for a cost not to exceed $86,290.00
WHEREAS, on September 24, 2019 Council approved HDR Engineering to complete
Tasks #5-9 to allow compliance with the CCR Rule in an amount not to exceed $189,960.00; and
WHEREAS, on October 8, 2019, Council approved HDR Engineering to complete
Task 10 to include preparation for the Title 132 Permit Renewal Application and amend the CCR
Run-On and Run-Off Control System Plant at a cost not to exceed $39,970.00; and Task 11 for the
CCR 2019 Annual Landfill Inspection and Fugitive Dust Control Reporting for a cost not to exceed
$12,990.00; and
WHEREAS, to meet the next phase of the CCR Rule for finalizing the Assessment of
Corrective Measures (ACM) and update the CCR Groundwater Certifications including the
upgradient Well MW-11, Task 12 is being presented for a cost not to exceed $16,660.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that HDR Engineering is authorized to continue
with Task 12 associated with the CCR Rule and NDEE Title 132 in an amount not to exceed
$16,660.00.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 105 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-5
#2019-351 - Approving Acquisition of Public Right-of-Way in the
NE Quarter of Section 23, Township 11 North, Range 10 W & in
the NW Quarter of Section 23, Township 11 North, Range 10 W-
W of North Road/ South of Old Potash Highway (Parcel No.
400200929 & No. 400475308- Eric M & Kenda D Pollock)
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/26/2019 Page 106 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-351
WHEREAS, public right-of-way is required by the City of Grand Island, from
Eric M. and Kenda D. Pollock, for construction of Moores Creek Drainage Ditch extension in the
City of Grand Island, Hall County, Nebraska and more particularly described as follows:
Property Owner Legal Description Amount
Eric M. and
Kenda D. Pollock-
Parcel No. 400200929
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 11
NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUTNY,
NEBRASKA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 23; THENCE S01o08’13”E (ASSUMED BEARING)
ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER, A DISTANCE OF 954.05 FEET; THENCE
S89o28’15”W PARALLEL WITH AND 80.00 FEET DISTANT FROM
THE NORTH LINE OF A TRACT OF LAND AS DESCRIBED AND
RECORDED IN INSTRUMENT NO. 97-109582, AND RECORDED
IN THE OFFICE OF THE REGISTER OF DEEDS FOR HALL
COUNTY, NEBRASKA, A DISTANCE OF 412.90 FEET; THENCE
N01o08’13”W PARALLEL WITH AND 412.90 FEET DISTANT
FROM SAID EAST LINE, A DISTANCE OF 954.00 FEET TO THE
NORTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHESAT QUARTER; THENCE N89o27’48”E ON SAID NORTH
LINE, A DISTANCE OF 412.90 FEET TO THE POINT OF
BEGINNING, CONTAINING 9.04 ACRES, MORE OR LESS,
WHICH INCLUDES 1.01 ACRES, MORE OR LESS, OF
CURRENTLY OCCUPIED PUBLIC ROAD RIGHT-OF-WAY.
$220,825.00
Eric M. and
Kenda D. Pollock-
Parcel No. 400475308
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION
23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M.,
HALL COUTNY, NEBRASKA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 23; THENCE S89o16’47” W (ASSUMED BEARING)
ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 23, A DISTANCE OF
34.89 FEET TO THE SOUTHWEST CORNER OF A TRACT OF
LAND AS DESCRIBED AND RECORDED IN INSTRUMENT NO.
201508859, AND RECORDED IN THE OFFICE OF THE REGISTER
OF DEEDS FOR HALL COUNTY, NEBRASKA; THENCE
N01o04’39”W ON THE WEST LINE OF SAID TRACT OF LAND, A
DISTANCE OF 80.00 FEET; THENCE N89o16’47”E PARALLEL
WITH AND 80.00 FEET DISTANT FROM SAID SOUTH LINE, A
DISTANCE OF 34.90 FEET TO THE WEST LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE N89o16’26”E PARALLEL WITH AND 80.00 FEET
DISTANT FROM THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF
1238.31 FEET TO THE WEST LINE OF A TRACT OF LAND AS
DESCRIBED AND RECORDED IN INSTRUMENT NO. 201300044,
AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS
FOR HALL COUNTY, NEBRASKA; THENCE S01o05’45”E ON THE
WEST LINE OF SAID TRACT OF LAND, PARALLEL WITH AND
80.00 FEET DISTANT FROM THE EAST LINE OF SAID
$64,075.00
Grand Island Council Session - 11/26/2019 Page 107 / 159
- 2 -
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A
DISTANCE OF 80.00 FEET TO SAID SOUTH LINE; THENCE
S89o16’26”W ON SAID SOUTH LINE, A DISTANCE OF 1238.34
FEET TO THE POINT OF BEGINNING, CONTAINING 2.33 ACRES,
MORE OR LESS.
WHEREAS, agreements for the public right-of-way have been reviewed and
approved by the City Legal Department; and
WHEREAS, the cost of such acquisition is $220,825.00 and $64,075.00, for a
total amount of $284,900.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the agreements for the public right-of-way on the above
described tracts of land, in the amounts of $220,825.00 and $64,075.00, for a total amount of
$284,900.00.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 108 / 159
SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST GRAND ISLAND, NEBRASKARIGHT OF WAY ACQUISITIONENGLEMAN ROAD OLD POTASH HIGHWAYGrand IslandCouncil Session - 11/26/2019Page 109 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-6
#2019-352 - Approving Removal of Parking Restrictions on
Lafayette Avenue, from State Street to Cottage Street
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/26/2019 Page 110 / 159
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 26, 2019
Subject:Approving Removal of Parking Restrictions on Lafayette
Avenue, from State Street to Cottage Street
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required to designate No Parking on any public street.
A request was submitted in the area of Lafayette Avenue near Grand Island Senior High to
remove the parking restrictions on Lafayette Avenue from State Street to Cottage Street, of 2
hour parking from 8:00am- 4:00pm, as shown on the attached sketch.
Discussion
The Public Works Department reviewed the request for this area and concurs with the request to
remove the parking restrictions. Letters notifying residents in the area of Lafayette Avenue,
from State Street to Cottage Street were mailed on October 23, 2019 requesting input. One
resident called the Public Works Administration office stating there was no issue either way with
the parking restriction.
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 removal of parking restriction on
Lafayette Avenue, from State Street to Cottage Street of 2 hour parking from 8:00am- 4:00pm.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/26/2019 Page 111 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-352
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, establish parking regulations upon the streets of the City of Grand
Island.
WHEREAS, a request was submitted in the area of Lafayette Avenue near Grand
Island Senior High to remove the parking restrictions on Lafayette Avenue from State Street to
Cottage Street, of 2 hour parking from 8:00am- 4:00pm; and
WHEREAS, the Public Works Department reviewed the request for this area and
concurs with the request to remove the parking restrictions; and
WHEREAS, letters notifying residents in the area of Lafayette Avenue, from
State Street to Cottage Street were mailed on October 23, 2019 requesting input ;and
WHEREAS, one resident called the Public Works Administration office stating
there was no issue either way with the parking restriction.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the removal of parking restriction on
Lafayette Avenue, from State Street to Cottage Street of 2 hour parking from 8:00am- 4:00pm is
hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 112 / 159
KRUSE AVE
WAUGH STLAFAYETTE AVE
GRAND ISLAND AVECOLLEGE STPROSPECT STSTATE STFORREST STCUSTER AVE
PARK AVE COTTAGE STCUSTER AVE
CITY COUNCIL EXHIBITGRAND ISLAND, NEBRASKALAFAYETTE AVENUE PARKING RESTRICTIONSNNO PARKINGTIME RESTRICTED PARKINGPARKING RESTRICTIONS TO BE REMOVEDLEGENDGrand IslandCouncil Session - 11/26/2019Page 113 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item G-7
#2019-353 - Approving Bid Award for Furnishing Components for
“EIMCO® Type C3D-Full Trough Skimmer Clarifier Mechanism;
Project No. 2019-WWTP-5
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/26/2019 Page 114 / 159
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 26, 2019
Subject:Approving Bid Award for Furnishing Components for
“EIMCO® Type C3D-Full Trough Skimmer Clarifier
Mechanism; Project No. 2019-WWTP-5
Presenter(s):John Collins PE, Public Works Director
Background
On September 30, 2019 the Engineering Division of the Public Works Department advertised for
bids for Furnishing Components for “EIMCO® Type C3D-Full Trough Skimmer Clarifier
Mechanism; Project No. 2019-WWTP-5.
This project involves the rehabilitation of Final Clarifier No. 2. This work has been divided into
Phase I and Phase II. This bid is Phase I - parts procurement. Phase II will follow in the near
future for the labor and installation of parts procured, and paining of both existing and new
clarifier components.
This is the second of three clarifiers to be worked on. The first clarifier to be rehabilitated was
Final Clarifier No. 3, which was just recently completed. Final Clarifier No. 1 is scheduled to be
rehabilitated next year following the completion of the Final Clarifier No. 2 project.
Discussion
One (1) bid was received and opened on November 12, 2019. The Engineering Division of the
Public Works Department and the Purchasing Division of the City’s Attorney’s Office have
reviewed the bid that was received. A summary of the bid is shown below.
BID SECTION OVIVO USA, LLC OF SALT
LAKE CITY, UT
Base Bid $148,854.00
Ovivo’s bid is below the Engineer’s Estimate, and it is recommended the base bid be awarded to
Ovivo USA.
Grand Island Council Session - 11/26/2019 Page 115 / 159
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 Ovivo USA, LLC of
Salt Lake City, Utah in the amount of $148,854.00.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 11/26/2019 Page 116 / 159
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 12, 2019 at 2:00 p.m.
FOR:Furnishing of Components for “EIMCO® Type C3D-Full
Trough Skimmer Clarifier Mechanism” Project No. 2019-WWTP-5
DEPARTMENT:Public Works
ESTIMATE:$170,000.00
FUND/ACCOUNT:53939954075213
PUBLICATION DATE:September 30, 2019 & October 2, 2019
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Ovivo USA, LLC
Salt Lake City, UT
Bid Security:Liberty Mutual Ins. Co.
Exceptions:None
Bid Price:$148,854.00
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Roger Scott, Wastewater Eng. Tech.
P2158
Grand Island Council Session - 11/26/2019 Page 117 / 159
1 | Page
City of Grand Island| Contract Agreement
Furnish Components for “EIMCO® Type C3D-Full Trough
Skimmer Clarifier Mechanism”; Project No. 2019-WWTP-5
AGREEMENT
THIS AGREEMENT made and entered into this day of ______ , 2019, by and between
OVIVO USA, LLC, hereinafter called the Supplier, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for Furnishing Components for “EIMCO® Type C3D-Full Trough Skimmer Clarifier Mechanism”; Project No. 2019-WWTP-5; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Supplier to be the lowest responsive bidder, and
has duly awarded to the said Supplier a contract therefore, for the sum or sums named in the Supplier’s bid, a copy thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Supplier and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Supplier for itself or themselves, and its or their successors, as follows:
ARTICLE I. That the Supplier shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications and Special Provisions, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and
complete all work included in and covered by the City's official award of this contract to the said Supplier, such award being based on the acceptance by the City of the Supplier's bid; ARTICLE II. That the City shall pay to the Supplier for the performance of the work embraced in this
contract and the Supplier will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of ONE HUNDRED FORTY EIGHT THOUSAND EIGHT HUNDRED FIFTY
FOUR AND 00/100 DOLLARS ($148,854.00) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications.
ARTICLE III. The Supplier hereby agrees to act as agent for the City in purchasing materials and supplies for the City for incorporation into the work of this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Supplier shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Supplier. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately
in the City. The Supplier shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Supplier's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Furnish Components for “EIMCO® Type C3D-Full Trough Skimmer Clarifier Mechanism”; Project No. 2019-
WWTP-5.
ARTICLE IV. Mechanism disassembly / assembly instructions, and preliminary Operations & Maintenance manual shall be submitted by February 20, 2020. New manufactured components shall be delivered by
May 30, 2020. Delivery of all components shall constitute Final Completion.
Grand Island Council Session - 11/26/2019 Page 118 / 159
2 | Page
City of Grand Island| Contract Agreement
Furnish Components for “EIMCO® Type C3D-Full Trough
Skimmer Clarifier Mechanism”; Project No. 2019-WWTP-5
ARTICLE V. It is understood and agreed that time is of the essence. Should the Supplier fail to perform the work within the period of time stipulated, the Supplier shall pay to the City, as liquidated damages and not as a penalty, $250.00 per calendar day of default unless extension of time granted by the City specifically waives the payment of liquidated damages.
ARTICLE VI. The Supplier agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Supplier further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment
Compensation Fund of the State of Nebraska. During the performance of this contract, the Supplier and all sub-suppliers agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Supplier agrees to comply with all applicable
Local, State and Federal rules and regulations. ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or
former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity,
or offer of employment to be made by or on behalf of a sub-supplier under a contract to the prime Supplier or higher tier sub-supplier or any person associated therewith, as an inducement for the award of a subcontract to order.
ARTICLE VIII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget
statements and appropriations sufficient to fund such performance.
ARTICLE IX. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed,
ancestry, handicap, sex or political affiliation. ARTICLE X. LB 403: Every public supplier and his, her or its sub-suppliers who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall
register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. OVIVO USA, LLC By Date
Title
Grand Island Council Session - 11/26/2019 Page 119 / 159
3 | Page
City of Grand Island| Contract Agreement
Furnish Components for “EIMCO® Type C3D-Full Trough
Skimmer Clarifier Mechanism”; Project No. 2019-WWTP-5
CITY OF GRAND ISLAND, NEBRASKA,
By Date Mayor
Attest: City Clerk
The contract and bond are in due form according to law and are hereby approved.
Date
Attorney for the City
Grand Island Council Session - 11/26/2019 Page 120 / 159
4 | Page
City of Grand Island| Contract Agreement
Furnish Components for “EIMCO® Type C3D-Full Trough
Skimmer Clarifier Mechanism”; Project No. 2019-WWTP-5
APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this contract, the Supplier, for itself, its assignees and successors in interest (hereinafter referred to as the "Supplier") agrees as follows: (1) Compliance with Regulations: The Supplier shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time
to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Supplier, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of sub-suppliers, including procurements of materials and leases of equipment. The Supplier shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-suppliers, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential sub-supplier or supplier shall be notified by the Supplier of the Supplier's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The Supplier shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Supplier is in the exclusive possession of another who fails or refuses to furnish this information the Supplier shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Supplier's noncompliance with the nondiscrimination
provisions of this contract, the City of Grand Island shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the Supplier under the contract until the Supplier complies, and/or
(b.) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Supplier shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Supplier shall take such action with respect to any subcontract or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a Supplier becomes involved in, or is threatened with, litigation with a sub-supplier or supplier as a result of such direction, the Supplier may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition,
the Supplier may request the United States to enter into such litigation to protect the interests of the United States.
Grand Island Council Session - 11/26/2019 Page 121 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-353
WHEREAS, the City of Grand Island invited sealed bids for Furnishing
Components for “EIMCO® Type C3D-Full trough Skimmer Clarifier Mechanism; Project No.
2019-WWTP-5, according to plans and specifications on file with the Public Works Department;
and
WHEREAS, on November 12, 2019 bids were received, opened, and reviewed;
and
WHEREAS, Ovivo USA, LLC of Salt Lake City, Utah 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 $148,854.00; and
WHEREAS, such bid is deemed to be in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Ovivo USA, LLC of Salt
Lake City, Utah in the amount of $148,854.00 for Furnishing Components for “EIMCO® Type
C3D-Full trough Skimmer Clarifier Mechanism; Project No. 2019-WWTP-5 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, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 122 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item I-1
#2019-354 - Consideration of Approving Economic Development
Incentive Agreement with Premium Plant Services, Inc.
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 11/26/2019 Page 123 / 159
Council Agenda Memo
From:Jerry Janulewicz, City Administrator
Meeting:November 26, 2019
Subject:Approving Economic Development Incentive Agreement
with Premium Plant Services, Inc.
Presenter(s):Jerry Janulewicz, City Administrator
Background
At the November 6, 2012 General Election, the voters of the City of Grand Island
approved LB840 funding to enable the City to extend economic development incentives
through the Grand Island Area Economic Development Corporation (GIAEDC). The
Economic Development Corporation has received an application from Premium Plant
Services, Inc., located at 1012 Claude Road for job creation. On September 19, 2019, the
Executive Board of the GIEDC approved submission of the attached Economic
Development Agreement to the Citizens Advisory Review Committee (CARC) for
consideration and recommendation. The CARC met on September 26, 2019 and
approved the request and Agreement for recommendation to the City Council for final
action and approval.
Discussion
Premium Plant Services, Inc. has submitted the required LB-840 application (see
attached) for a forgivable loan in the amount of $102,000.00. Proposed is the creation of
12 full-time equivalent (FTE) employees with an average hourly wage of $21.50.
Requested is $102,000.00 for job creation to be paid over four years.
Premium Plant Services, Inc. currently has 100 employees across the U.S. This company
is an industrial cleaning service that helps industrial plants operate at their best. Since
1981, Premium Plant Services, Inc. has provided the highest quality hydroblasting service
for plant process operators and managers across the Upper Midwest. Premium Plant
Services, Inc. has grown to also offer complete industrial cleaning services, from
sandblasting to vacuuming.
Grand Island Council Session - 11/26/2019 Page 124 / 159
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Economic Development Agreement with Premium Plant
Services, Inc.
2.Do not approve the Economic Development Agreement with Premium Plant
Services, Inc.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with Premium Plant Services,
Inc.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with Premium Plant Services, Inc.
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LB840 Funds
Invested:
$5,994,100
Jobs Created:
1065
Annual Wages
Created:
$33,565,896
2015-2019
Average Wage:
$18.81
Grand Island Council Session - 11/26/2019 Page 133 / 159
LB840 Projects
Active:
Hendrix Genetics
43 new jobs
GIX Logistics
12 new jobs
Zabuni Specialty Coffee Auction
10 new jobs
Amur Equipment Finance
15 new jobs
Dramco Tool Company
7 new jobs
Grand Island Council Session - 11/26/2019 Page 134 / 159
LB840 Balance as of 2/22/2019 $1,224,508
Hendrix Genetics ($83,334)
Amur Equipment Finance ($145,000)
Zabuni Specialty Coffee ($91,666)
GIX Logistics (293,334)
Dramco Tool ($132,000)
Ending LB840 Balance $478,316
Grand Island Council Session - 11/26/2019 Page 135 / 159
LB840 Application
2019
Grand Island Council Session - 11/26/2019 Page 136 / 159
Began operations in 1981
100 employees, company-wide
PPS Locations:
Hibbing, MN
Cascade, IA
Plover, WI
Tracy, MN
Grand Island Council Session - 11/26/2019 Page 137 / 159
First operation in Nebraska
New jobs created with LB840: 12
Operations Manager: 1
Crew Leads: 2
Technicians: 9
Minimum hourly rate $21.50
Services include:
Hydroblasting
Industrial vacuum services
Automated lancing
Dry ice blasting
Sandblasting
Sponge blasting
Water reclamation
Confined space rescue
Grand Island Council Session - 11/26/2019 Page 138 / 159
Eligible Business Activities:
1.The manufacturer of articles of commerce
2.The conduct of research and development
3.The processing, storage, transport, or sale of goods or commodities which
are sold or traded in interstate commerce
4.The sale of services in interstate commerce
5.Headquarter facilities relating to eligible activities as listed in this section
6.Telecommunication activities
7.End destination tourism-related activities
Grand Island Council Session - 11/26/2019 Page 139 / 159
Proposed LB840 Incentive
Job Creation:$102,000
Job Training: $0
Infrastructure:$0
TOTAL:$102,000
Disbursed incrementally through
2023, final audit in 2024
After completion of workforce
audits
Grand Island Council Session - 11/26/2019 Page 140 / 159
Proposed LB840 Distribution Schedule
Year LB840 Category LB840 Funds Distributed
2019 -$0
2020 Job Creation $25,000
2021 Job Creation $25,000
2022 Job Creation $25,000
2023 Job Creation $27,000
2024 Final Audit $0
TOTAL $102,000
Grand Island Council Session - 11/26/2019 Page 141 / 159
Hall County-RIMS II
Additional Employment
1 Job @ Premium Plant Services
= 1.13
Additional jobs created
Additional Earnings
$1 earned @ Premium Plant Services
=1.15
Additional wages created
Information as reported by the Bureau of Economic Analysis-U.S. Department of Commerce
Grand Island Council Session - 11/26/2019 Page 142 / 159
Thank You
For your consideration & dedication to Grand Island
Grand Island Council Session - 11/26/2019 Page 143 / 159
ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (this “Agreement”) is made and
entered into effective as of the 5th day of August, 2019 (the “Effective Date”), by and among the
City of Grand Island, Nebraska (“City”), the Grand Island Economic Development Corporation
(“GIAEDC”) and Premium Plant Services, Inc., a Nebraska corporation, doing business as
Premium Plant Services (“Company”) (City, GIAEDC and Company, each a “Party” and
collectively, the “Parties”).
W I T N E S S E T H:
WHEREAS, on August 5, 2019, Company filed an Application for Economic
Development Incentives (the “Application”) with City and GIAEDC;
WHEREAS, Company is starting operations in Grand Island;
WHEREAS, the Company agrees to employ at least twelve (12) full-time equivalent
employees in Grand Island by the fourth (4th) anniversary of the Effective Date;
WHEREAS, City and GIAEDC find Company derives its principal source of income from
the sale of services in interstate commerce and is a qualifying business under City’s Economic
Development Program, that Company’s project qualifies for economic development incentives
under the Program, that Company’s project will be of substantial economic benefit to the people
of Grand Island and the surrounding area, and the economic development incentive plan set
forth in this Agreement contributes to the fulfillment of the major objectives of City’s Economic
Development Plan;
WHEREAS, City and GIAEDC are willing to provide Company with up to $102,000 in job
creation incentives at the times and upon the fulfillment of the conditions set forth in this
Agreement provided that Company complies with the terms of this Agreement; and
WHEREAS, in furtherance of the foregoing recitals, the Parties desire to enter into this
Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Agreement, the Parties agree as follows:
1.Definitions. As used in this Agreement, the following terms shall have the
respective meanings ascribed to them in this Section 1:
(a)“Employment Certificate” shall mean an agreement for the defined period
containing the sworn statement of a duly authorized representative of Company
specifically setting forth compliance with the terms of this Agreement. The Employment
Certificate shall contain the following information and adhere to the following terms: (i)
the total number of hours which FTE’s worked and total gross compensation received by
FTE’s for hours worked at Company’s facilities in Grand Island during the twelve (12)
successive calendar months immediately preceeding the date of the Employment
Certificate; and (ii) the hourly rate for all FTE’s which shall meet or exceed the Minimum
Hourly Rate. Company agrees that upon receipt of written notice pursuant to the terms
of this Agreement, Company shall allow the City Administrator or his designee to
Grand Island Council Session - 11/26/2019 Page 144 / 159
personally inspect Company’s employment records as confirmation of the statements
contained in the Employment Certificate.
(b)“Full-Time Equivalents” or “FTE’s” shall mean persons currently employed
by Company and persons hired by Company as part of the expansion of its operations to
Grand Island as detailed in the recitals to this Agreement. The total number of FTE’s
shall be determined by dividing the total number of hours Company employees worked
at its facilities located in Grand Island by two thousand eighty (2,080).
(c)“Minimum Hourly Rate” shall mean a minimum hourly rate of $21.50 per
hour for each FTE employed as part of Company’s expansion of its operations in Grand
Island. The hourly rate shall be determined by dividing the total wages and salaries paid
to FTE’s by two thousand eighty (2,080).
2.Employment Requirements. Company shall meet each of the following
employment requirements:
(a)Company shall have a minimum of zero (0) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the Effective Date;
(b)Company shall have a minimum of five (5) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the first (1st) anniversary of
the Effective Date;
(c)Company shall have a minimum of ten (10) FTE’s at its facilities in Grand
Island being compensated at the Minimum Hourly Rate as of the second (2nd)
anniversary of the Effective Date; and
(d)Company shall have a minimum of twelve (12) FTE’s at its facilities in
Grand Island being compensated at the Minimum Hourly Rate as of the third (3rd)
anniversary of the Effective Date.
3.Disbursement of LB 840 Funds for Job Creation. Company shall be eligible for
disbursements of up to Eight Thousand Five Hundred and 00/100 Dollars ($8,500) per FTE for
twelve (12) FTE’s for a total disbursement of One Hundred Two Thousand and No/100 Dollars
($102,000.00). Disbursement of the economic incentive funds for job creation shall be paid to
Company by City in accordance with the following schedule:
(a)A disbursement of Twenty-Five Thousand and 00/100 Dollars
($25,000.00) shall be paid by City to Company within thirty (30) days of the first (1st)
anniversary of the Effective Date provided that Company has delivered an Employment
Certificate to City and GIAEDC evidencing that Company has at least five (5) FTE’s at its
facilities in Grand Island being compensated at the Minimum Hourly Rate.
(b)A disbursement of Twenty-Five Thousand and 00/100 Dollars
($25,000.00) shall be paid by City to Company within thirty (30) days of the second (2nd)
anniversary of the Effective Date provided that Company has delivered an Employment
Certificate to City and GIAEDC evidencing that Company has at least ten (10) FTE’s at
its facilities in Grand Island being compensated at the Minimum Hourly Rate.
(c)A disbursement of Twenty-Five Thousand and 00/100 Dollars
($25,000.00) shall be paid by City to Company within thirty (30) days of the Third (3rd)
Grand Island Council Session - 11/26/2019 Page 145 / 159
anniversary of the Effective Date provided that Company has delivered an Employment
Certificate to City and GIAEDC evidencing that Company has at least twelve (12) FTE’s
at its facilities in Grand Island being compensated at the Minimum Hourly Rate.
(d)A disbursement of Twenty-Seven Thousand and 00/100 Dollars
($27,000.00) shall be paid by City to Company within thirty (30) days of the Fourth (4th)
anniversary of the Effective Date provided that Company has delivered an Employment
Certificate to City and GIAEDC evidencing that Company has at least twelve (12) FTE’s
at its facilities in Grand Island being compensated at the Minimum Hourly Rate.
(e)The maximum amount City shall disburse to Company for job creation
shall be One Hundred Two Thousand and No/100 Dollars ($102,000.00).
4.Total Disbursements. The maximum total amount City shall disburse to
Company pursuant to this Agreement shall be One Hundred Two Thousand and No/100 Dollars
($102,000.00).
5.Company’s Representations and Warranties. Company represents and warrants
to City and GIAEDC as follows:
(a)Organization, Standing and Power. Company is a corporation duly
incorporated, validly existing and in good standing under the laws of the State of Nebraska and
has the legal power to carry on its business as it is now being conducted.
(b)Authority. The execution, delivery and performance of this Agreement by
Company has been duly and validly authorized and approved by all necessary legal action on
the part of Company.
(c)Binding Agreement. This Agreement, when executed and delivered, will
constitute the legal, valid and legally binding agreement of Company, enforceable against
Company in accordance with its terms.
(d)No Conflict with Other Instruments or Agreements. The execution,
delivery and performance of this Agreement by Company will not result in a breach or violation
of, or constitute a default under any agreement to which Company is bound, and will not be in
violation of any statute, judgment, order, rule or regulation of any court, or any federal, state or
other regulatory authority or governmental body having jurisdiction over Company in effect as of
the Effective Date.
(e)No Brokers. Company has not retained or agreed to compensate any
broker or finder in connection with the transactions contemplated by this Agreement.
(f)Operations. During the term of this Agreement, Company shall maintain
operations in Grand Island, Nebraska.
In the event that Company breaches any of the foregoing representations and warranties, all
amounts distributed by City to Company pursuant to this Agreement shall immediately become
due and owing by Company to City and if unpaid shall accrue interest at the rate of eight
percent (8%) per annum until such amounts are repaid in full.
6.Company’s Obligation to Repay Funds. The Parties acknowledge and agree that
the funds to be provided by City to Company pursuant to this Agreement are being provided in
the form of an economic development loan and are subject to repayment in accordance with the
Grand Island Council Session - 11/26/2019 Page 146 / 159
terms and conditions of this Agreement if Company fails to perform its obligations under this
Agreement. The Parties further acknowledge and agree that City shall forgive the entire
economic development loan disbursed to Company representing a total of One Hundred Two
Thousand and No/100 Dollars ($102,000.00) upon Company meeting the following conditions:
(a)Company shall have complied with the terms and provisions of Sections 2
through 7 of this Agreement in all respects; and
(b)If Company remains in compliance with the terms and provisions of
Sections two through seven of this Agreement in all respects, the economic
development loan will be forgiven pursuant to the following schedule:
(i)On the Third anniversary of the Effective Date, one-fourth (1/4) or
Twenty-Five Thousand and No/100 Dollars ($25,500.00) of the economic
development loan shall be forgiven;
(ii) On the Fourth anniversary of the Effective Date, one-fourth (1/4)
or Twenty-Five Thousand and No/100 Dollars ($25,500.00) of the
economic development loan shall be forgiven; and
(iii)On the Fifth anniversary of the Effective Date, one-half (1/2) or
Fifty-One Thousand and No/100 Dollars ($51,000.00) of the economic
development loan shall be forgiven.
7.Default. In the event that Company fails to comply with any of the terms of this
Agreement, City may declare Company to be in breach. Any such declaration shall be in writing
and sent by US Mail or courier to Company at its last known address. In the event that City
declares Company to be in breach, City may immediately terminate this Agreement by
providing written notice of termination sent by US Mail or courier to Company at its last known
address whereupon all amounts distributed by City to Company pursuant to this Agreement
shall immediately become due and owing by Company to City and if unpaid shall accrue interest
at the rate of eight percent (8%) per annum until such amounts are repaid in full.
8.Actions after Effective Date. From time to time after the Effective Date, without
further consideration, each of the Parties will execute and deliver such documents and
instruments as any other Party shall reasonably request to give full effect to the transactions
contemplated by this Agreement.
9.Term. This Agreement (and all representations, covenants, agreements,
obligations and warranties of Company, City and CIAEDC contained in this Agreement), shall
remain in full force and effect until the earlier of the date that (a) the entire economic
development loan has been forgiven pursuant to Section 8, or (b) Company has repaid all
amounts provided to Company pursuant to this Agreement (in the event Company breaches its
obligations under this Agreement) (such date, the “Termination Date”). From and after the
Termination Date, this Agreement shall be of no further force or effect and no Party shall have
any further obligations pursuant to this Agreement.
10.Amendment. No amendment or modification of this Agreement shall be binding
on any Party unless the same shall be in writing and signed by all Parties.
11.Communication. Company agrees to inform City and GIAEDC of any changes in
Company’s address, telephone number, email address or leadership within three (3) business
Grand Island Council Session - 11/26/2019 Page 147 / 159
days of such changes. Company also agrees to fully respond within fifteen (15) calendar days
to any request for information from City and/or GIAEDC related to Company’s compliance with
the terms of this Agreement. All responses to inquiries shall be in writing and provided to City
and GIAEDC at the following addresses:
Grand Island City Administrator
100 East First Street
P.O. Box 1968
Grand Island, NE 68802-1968
Cityadministrator@grand-island.com
Grand Island Area Economic Development Corporation
123 North Locust Street, Suite 201B
P.O. Box 1151
Grand Island, NE 68802
mberlie@grandisland.org
12.Indemnification. Company agrees to indemnify, defend and hold City, GIADEC
and their employees, officers, directors, agents, attorneys, affiliates and their respective
successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any
and all loss, liability, obligation, damage, penalty, judgment, claim, deficiency and expense
(including interest, penalties, attorneys’ fees and amounts paid in settlement) to which the
Indemnified Parties may become subject arising out of or based upon a breach or default by
Company of this Agreement.
13.Expenses. The Parties shall all pay their respective expenses incident to the
preparation, execution and consummation of this Agreement.
14.Binding Effect. This Agreement shall be binding upon, and shall inure to the
benefit of, the Parties and their respective successors and assigns (including, without limitation,
any purchaser of, or successor to, Company whether by purchase, merger, consolidation,
reorganization, liquidation or any other type of transaction).
15.Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
16.Non-Waiver. Waiver of or acquiescence by City and/or GIAEDC in any default
by Company, or any failure of City and/or GIAEDC to insist upon strict performance by
Company of any warranties, agreements or other obligations contained in this Agreement shall
not constitute a waiver of any subsequent or other default, failure or waiver of strict
performance, whether similar or dissimilar.
17.Relationship of Parties. The Parties have entered into this Agreement solely for
the purposes set forth in this Agreement. Nothing contained in this Agreement shall be
construed to create or imply any (a) partnership or joint venture by or among of the Parties, or
(b) any principal and agency relationship by or among the Parties.
18.Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Nebraska, without giving effect to its conflict of laws
principles.
Grand Island Council Session - 11/26/2019 Page 148 / 159
19.Entire Agreement. This Agreement and the documents referred to in this
Agreement constitute the entire agreement of the Parties respecting the subject matter
contained in this Agreement and supersede any prior offers, understandings, agreements or
representations by and between the Parties, written or oral, which may have related to the
subject matter of this Agreement in any way.
20.Counterparts. This Agreement may be executed simultaneously in counterparts,
each of which shall be deemed an original, but which together shall constitute the same
instrument.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first
above written.
Premium Plant Services, Inc.
By:______________________________________
Its:______________________________________
City of Grand Island, Nebraska
By:______________________________________
Its:______________________________________
Grand Island Area Economic Development
Corporation
By:______________________________________
Its:______________________________________
Grand Island Council Session - 11/26/2019 Page 149 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-354
WHEREAS, on November 6, 2012, the City of Grand Island adopted an
Economic Development Program and a Citizens Advisory Review Committee to oversee the
process of approving applications for economic development incentives; and
WHEREAS, Premium Plant Services, Inc. has applied for a forgivable loan for
job creation in the amount of $102,000.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of
the Economic Development Corporation on September 19, 2019 and was approved on
September 26, 2019 by the Citizens Advisory Review Committee; and
WHEREAS, Premium Plant Services, Inc. will be required to meet or exceed
employment numbers and employee salary levels as outlined in the Economic Development
Agreement to retain all of the economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic
development funding to Premium Plant Services, Inc. as provided by the Grand Island Economic
Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development
Agreement by and between the City, the Grand Island Area Economic Development Corporation
and Premium Plant Services, Inc., to provide $102,000.00 in economic assistance to Premium
Plant Services, Inc. to be used for job creation in Grand Island, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 150 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item I-2
#2019-355 - Consideration of Approving Amendment to the
Redevelopment Plan for CRA No. 2 located South of Husker
Highway and West of Locust Street (Bosselman Pump and Pantry,
Inc.)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/26/2019 Page 151 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-355
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. 2 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 construct a new commercial/retail facility all necessary
costs for acquisition, site work, and public infrastructure along with eligible planning expenses
and fees associated with the redevelopment project. All redevelopment activities will occur in
Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
Grand Island Council Session - 11/26/2019 Page 152 / 159
1.The Redevelopment Plan of the City approved for Redevelopment Area No. 2 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 with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and
Notice of Pledge of Taxes with respect to each Redevelopment Project.
Grand Island Council Session - 11/26/2019 Page 153 / 159
4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/26/2019 Page 154 / 159
City of Grand Island
Tuesday, November 26, 2019
Council Session
Item I-3
#2019-356 - Consideration of Approving Amendment to the
Redevelopment Plan for CRA No. 17 located on 3 Lots West of
Prairie View Street South of Husker Highway (Prataria Ventures,
LLC)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Chad Nabity
Grand Island Council Session - 11/26/2019 Page 155 / 159
Approved as to Form ¤ ___________
November 22, 2019 ¤ City Attorney
R E S O L U T I O N 2019-356
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. 17 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 construct three commercial office buildings and all
necessary site work, streets, grading and public infrastructure along with eligible planning
expenses and fees associated and other eligible activities associated with the redevelopment
project. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required
pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public
hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project
described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island,
Nebraska:
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1.The Redevelopment Plan of the City approved for Redevelopment Area No. 17 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 with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and
Notice of Pledge of Taxes with respect to each Redevelopment Project.
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4.The City hereby finds and determines that the proposed land uses and building
requirements in the Redevelopment Area are designed with the general purposes of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious development of the City and its environs which
will, in accordance with present and future needs, promote health, safety, morals, order,
convenience, prosperity; and the general welfare, as well as efficiency and economy in
the process of development; including, among other things, adequate provision for traffic,
vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of
population, the provision of adequate transportation, water, sewerage, and other public
utilities, schools, parks, recreation and community facilities, and other public
requirements, the promotion of sound design and arrangement, the wise and efficient
expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe
dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 26, 2019.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, November 26, 2019
Council Session
Item J-1
Approving Payment of Claims for the Period of November 13, 2019
through November 26, 2019
The Claims for the period of November 13, 2019 through November 26, 2019 for a total amount of
$5,795,654.55. A MOTION is in order.
Staff Contact: Patrick Brown
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